Mass. Gen. Laws ch. 15A, sec. 11 — MA Code / Part I / Title II / Chapter 15A / Section 11
Council actions permitted to aid and contribute to performances of educational and other purposes of community colleges
Status: in_force

Section 11. The council may, in the name and on behalf of the commonwealth, upon such terms and with or without consideration, do any or all of the following in order to aid and contribute to the performance of the educational and other purposes of any community college: (a) Sell, convey or lease to HEFA or any community college affiliate real or personal property owned by the commonwealth in a city or town in which a community college is located or grant easements, licenses or any other rights or privileges therein to HEFA to any community college affiliate. Neither HEFA nor any community college affiliate shall be liable to taxation upon any real property, including any building or buildings erected thereon, or personal property sold, conveyed or leased under this section; (b) Cause private ways, sidewalks, footpaths, ways for vehicular travel, parking areas, water, sewage or drainage facilities and similar improvements and steam service and other utilities and connections for heating and other necessary purposes to be furnished to or in any project carried out by HEFA or any community affiliate; (c) Make available to HEFA or to any community college affiliate the services of officers and employees of a community college and office space and facilities in a community college for, among other things, billing and collecting rents, fees, rates and other charges for the use and occupancy of property of HEFA or any community college affiliate by one or more community colleges or community college affiliates, students, staff and their dependents; renting and leasing rooms and other accommodations in the buildings and structures of HEFA or a community college affiliate; cleaning, heating, daily operation of and repairs to and maintenance of such buildings and structures and other property of HEFA or any community college affiliate; and keeping all books of account for HEFA or any community college affiliate; (d) Establish and manage trust funds for self-amortizing projects and self-supporting activities including, but not limited to, the operation of the boarding halls, student health service, research institutes and foundations, dormitories and student and faculty apartment; provided, that all income received from such projects or activities shall be held in trust by the council and expended for the purpose for which the trust fund was established; provided further, that the council may, for the purposes of this section or section twelve, group together several or more projects into one or more funds as is, in its judgement, required to best effectuate the purposes of the projects and activities and the purposes of the community colleges; and provided, further, that any unrestricted balances remaining in a trust fund upon its termination shall be used as directed by the council for the general purposes of the community college; (e) Do any and all things authorized by law and necessary or convenient to aid and cooperate with HEFA or any community college affiliate in carrying out the purposes of HEFA or such community college and exercising their powers and in complying with the provisions of any trust agreement into which HEFA may enter in connection with any project financed by HEFA on behalf of any community college or community college affiliate. In connection with any financing or refinancing provided by HEFA, the provisions of this paragraph shall apply. No lease or other agreement made under this section or section twelve made by HEFA, or the commonwealth acting through the council, or any other community college affiliate to HEFA, the commonwealth acting through the council, or any other community college affiliate shall be subject to any provision of law relating to publication or advertising for bids, and any such lease or agreement may be entered into and shall become effective without any necessity for any order of court or other action or formality other than the regular and formal action of the authorities concerned. No sale, conveyance, lease, or grant made under this section to HEFA or any community college affiliate by the council or by any community college affiliate shall be subject to the provisions of section forty F, section forty F1/2, section forty H or section forty I of chapter seven; provided, however, that the council may elect for any such sale, conveyance, lease, or grant to be subject to the provisions of said sections; provided, further, that in connection with (i) any project upon any real property or right thereto obtained by HEFA or any community college affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections, or (ii) any disposition to a person or entity other than HEFA, the commonwealth acting through the council or otherwise, or a community college affiliate of any real property or right thereto obtained by HEFA or any community college affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections, HEFA or such community college affiliate, as the case may be, shall be deemed to be a state agency for the purpose of paragraph (v) of section thirty-nine A of said chapter seven and shall be deemed to be a public agency for the purpose of subsection (1) of section forty-four A of chapter one hundred and forty-nine.

Section 11. The council may, in the name and on behalf of the commonwealth, upon such terms and with or without consideration, do any or all of the following in order to aid and contribute to the performance of the educational and other purposes of any community college:

(a) Sell, convey or lease to HEFA or any community college affiliate real or personal property owned by the commonwealth in a city or town in which a community college is located or grant easements, licenses or any other rights or privileges therein to HEFA to any community college affiliate. Neither HEFA nor any community college affiliate shall be liable to taxation upon any real property, including any building or buildings erected thereon, or personal property sold, conveyed or leased under this section;

(b) Cause private ways, sidewalks, footpaths, ways for vehicular travel, parking areas, water, sewage or drainage facilities and similar improvements and steam service and other utilities and connections for heating and other necessary purposes to be furnished to or in any project carried out by HEFA or any community affiliate;

(c) Make available to HEFA or to any community college affiliate the services of officers and employees of a community college and office space and facilities in a community college for, among other things, billing and collecting rents, fees, rates and other charges for the use and occupancy of property of HEFA or any community college affiliate by one or more community colleges or community college affiliates, students, staff and their dependents; renting and leasing rooms and other accommodations in the buildings and structures of HEFA or a community college affiliate; cleaning, heating, daily operation of and repairs to and maintenance of such buildings and structures and other property of HEFA or any community college affiliate; and keeping all books of account for HEFA or any community college affiliate;

(d) Establish and manage trust funds for self-amortizing projects and self-supporting activities including, but not limited to, the operation of the boarding halls, student health service, research institutes and foundations, dormitories and student and faculty apartment; provided, that all income received from such projects or activities shall be held in trust by the council and expended for the purpose for which the trust fund was established; provided further, that the council may, for the purposes of this section or section twelve, group together several or more projects into one or more funds as is, in its judgement, required to best effectuate the purposes of the projects and activities and the purposes of the community colleges; and provided, further, that any unrestricted balances remaining in a trust fund upon its termination shall be used as directed by the council for the general purposes of the community college;

(e) Do any and all things authorized by law and necessary or convenient to aid and cooperate with HEFA or any community college affiliate in carrying out the purposes of HEFA or such community college and exercising their powers and in complying with the provisions of any trust agreement into which HEFA may enter in connection with any project financed by HEFA on behalf of any community college or community college affiliate.

In connection with any financing or refinancing provided by HEFA, the provisions of this paragraph shall apply. No lease or other agreement made under this section or section twelve made by HEFA, or the commonwealth acting through the council, or any other community college affiliate to HEFA, the commonwealth acting through the council, or any other community college affiliate shall be subject to any provision of law relating to publication or advertising for bids, and any such lease or agreement may be entered into and shall become effective without any necessity for any order of court or other action or formality other than the regular and formal action of the authorities concerned. No sale, conveyance, lease, or grant made under this section to HEFA or any community college affiliate by the council or by any community college affiliate shall be subject to the provisions of section forty F, section forty F1/2, section forty H or section forty I of chapter seven; provided, however, that the council may elect for any such sale, conveyance, lease, or grant to be subject to the provisions of said sections; provided, further, that in connection with (i) any project upon any real property or right thereto obtained by HEFA or any community college affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections, or (ii) any disposition to a person or entity other than HEFA, the commonwealth acting through the council or otherwise, or a community college affiliate of any real property or right thereto obtained by HEFA or any community college affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections, HEFA or such community college affiliate, as the case may be, shall be deemed to be a state agency for the purpose of paragraph (v) of section thirty-nine A of said chapter seven and shall be deemed to be a public agency for the purpose of subsection (1) of section forty-four A of chapter one hundred and forty-nine.