Lincoln Park warrant article

I took the opportunity today to visit the Town Clerk and get a copy of a summary of the draft legislation mentioned in Article 10 of the Town Meeting Warrant. This article concerns special legislation to create a quasi-governmental body to build , own and operate infrastructure in the Lincoln Park development. The bullet labeled 7, in the warrant article says,

A summary of the proposed legislation, including the boundaries defining this district, is available at the office of the Town Clerk;

I found a couple of issues to which I take exception ...

...in that draft legislation. The first is that the property and income owned by the newly created district, if approved would be exempt from taxes. Here is the wording from the draft statute

TAXATION OF THE DISTRICT AND ITS PROPERTIES
The District, its improvements, and all its receipts, revenues, income and real and
personal property (owned by the District itself) shall be exempt from taxation and from betterments and assessments and the district shall not be required to pay any tax, excise or assessment to or from the commonwealth or any of its political subdivisions. Bonds or notes issued by the District and their transfer and their interest or income, including any profit on the sale thereof, shall at all times be exempt from taxation within the commonwealth. Nothing in this Act shall limit or restrict the ability of the Commonwealth or the Town to tax the residents and businesses located in the District or their real or personal property located therein.

The second thing that caught my attention was the sunset provision of the proposed law which says

TERMINATION OF THE DISTRICT
Except as otherwise provided in this section, the District shall terminate upon the
expiration of 40 years from the date of the District’s establishment, provided that all of the District’s bonds, notes and other obligations have been paid or satisfied.
The Dartmouth Town Meeting may by majority vote extend the term of the district for
such fixed number of years as it shall determine appropriate. Upon such termination, all of the property of the District shall be deemed transferred to the town.

The Select Board met in a working session today and the Board will offer an amendment to the proposed Town Meeting article which spells out that the property and income of the District will be taxable and that the District shall forever be responsible for the maintaining the infrastructure of the District as is required by the bylaw establishing the Lincoln Park Smart Growth Overlay District (LPSGOD). The amendment will be offered from the floor of the Town Meeting. The amended article can be found at this link. The amendment language that says the district, not the town, must forever own and maintain the infrastructure has not yet been formulated but will be included at the Town Meeting.