Mass. Gen. Laws ch. 252, sec. 24 — MA Code / Part III / Title IV / Chapter 252 / Section 24
Establishment; proceedings
Status: in_force

Section 24. With the approval of the state reclamation board, hereinafter called the board, any city or town along the seacoast of the commonwealth may, in a city by vote of the city council and in a town by vote of the selectmen, establish a greenhead fly control project within its area, and any two or more adjoining such cities or towns may, by like votes, form a district within their combined areas. In those areas where district greenhead fly control projects have been formed, the board shall appoint three district commissioners, who shall be sworn to the faithful performance of their duties. The board shall fix the compensation of said commissioners at a sum not to exceed five dollars per day of actual service, and shall allow them actual traveling and other expenses incurred in the performance of their duties. Such compensation and expenses shall be charged to and paid by the district. Any commissioner may be removed by the board for cause and the board may fill vacancies. The certificate of appointment of said commissioners shall be revoked by the board when the objects for which they have been appointed have been accomplished. The duties of the commissioners shall be established by the board. The votes of said cities and towns to form a district shall be binding for a period of not longer than five years, and any city or town having voted to form a district may withdraw from the district, on any anniversary date of its original vote in paragraph one, by like vote not more than sixty days nor less than ten days prior thereto and notification to the board. Any city or town may, with the approval of the board, vote as in paragraph one to become a member of an existing district greenhead fly control project. The city, town or district shall determine the maximum annual amount to be expended in carrying out its individual project, and shall forthwith notify the board of such determination. In the case of a district greenhead fly control project the maximum annual cost shall be determined by the commissioners, and the board shall determine the proportionate share of such annual cost, which shall be borne by each of the constituent municipalities, apportioned as hereinafter set forth, and shall forthwith notify the treasurer of each member city or town of such determination. One third of such cost shall be borne by the several municipalities within a district in proportion to the entire salt marsh area contained within their respective boundaries, a similar one third based on the foregoing provision shall be borne by the commonwealth, subject to appropriation, and further subject to the direction and control of the board, and the remaining one third of such cost shall be borne by the several municipalities within the district in proportion to their respective taxable valuations as last established by the general court as a basis of apportionment for state and county taxes. A city or town establishing such a project within its area shall bear the entire cost thereof. Each of the municipalities comprising such a district shall pay its share of such cost, as so determined, and each city or town establishing such a project shall pay its entire cost, into the state treasury. Any city, town or district may in any year anticipate its liability for such cost, and may raise, appropriate and deposit the amount thereof with the state treasurer, and any sums so deposited shall be credited against its said liability. Subject to appropriation, there shall annually be expended from the state treasury, under the direction and control of the board, and, where necessary or advisable, in advance of the payment by any city or town of the amount of its liability under the foregoing paragraph, sums not in the excess of the maxima respectively established for said projects, for the elimination or control of the greenhead fly nuisance within the area of each, in accordance with such plans and by means of such methods of control as may be prepared and devised by the board to effect the greatest measure of relief. There may also be disbursed for the furtherance of such a project any other sums voluntarily deposited with the state treasurer by any persons, groups or associations for said project purposes.

Section 24. With the approval of the state reclamation board, hereinafter called the board, any city or town along the seacoast of the commonwealth may, in a city by vote of the city council and in a town by vote of the selectmen, establish a greenhead fly control project within its area, and any two or more adjoining such cities or towns may, by like votes, form a district within their combined areas.

In those areas where district greenhead fly control projects have been formed, the board shall appoint three district commissioners, who shall be sworn to the faithful performance of their duties. The board shall fix the compensation of said commissioners at a sum not to exceed five dollars per day of actual service, and shall allow them actual traveling and other expenses incurred in the performance of their duties. Such compensation and expenses shall be charged to and paid by the district. Any commissioner may be removed by the board for cause and the board may fill vacancies. The certificate of appointment of said commissioners shall be revoked by the board when the objects for which they have been appointed have been accomplished. The duties of the commissioners shall be established by the board.

The votes of said cities and towns to form a district shall be binding for a period of not longer than five years, and any city or town having voted to form a district may withdraw from the district, on any anniversary date of its original vote in paragraph one, by like vote not more than sixty days nor less than ten days prior thereto and notification to the board.

Any city or town may, with the approval of the board, vote as in paragraph one to become a member of an existing district greenhead fly control project.

The city, town or district shall determine the maximum annual amount to be expended in carrying out its individual project, and shall forthwith notify the board of such determination.

In the case of a district greenhead fly control project the maximum annual cost shall be determined by the commissioners, and the board shall determine the proportionate share of such annual cost, which shall be borne by each of the constituent municipalities, apportioned as hereinafter set forth, and shall forthwith notify the treasurer of each member city or town of such determination.

One third of such cost shall be borne by the several municipalities within a district in proportion to the entire salt marsh area contained within their respective boundaries, a similar one third based on the foregoing provision shall be borne by the commonwealth, subject to appropriation, and further subject to the direction and control of the board, and the remaining one third of such cost shall be borne by the several municipalities within the district in proportion to their respective taxable valuations as last established by the general court as a basis of apportionment for state and county taxes. A city or town establishing such a project within its area shall bear the entire cost thereof.

Each of the municipalities comprising such a district shall pay its share of such cost, as so determined, and each city or town establishing such a project shall pay its entire cost, into the state treasury. Any city, town or district may in any year anticipate its liability for such cost, and may raise, appropriate and deposit the amount thereof with the state treasurer, and any sums so deposited shall be credited against its said liability.

Subject to appropriation, there shall annually be expended from the state treasury, under the direction and control of the board, and, where necessary or advisable, in advance of the payment by any city or town of the amount of its liability under the foregoing paragraph, sums not in the excess of the maxima respectively established for said projects, for the elimination or control of the greenhead fly nuisance within the area of each, in accordance with such plans and by means of such methods of control as may be prepared and devised by the board to effect the greatest measure of relief. There may also be disbursed for the furtherance of such a project any other sums voluntarily deposited with the state treasurer by any persons, groups or associations for said project purposes.