An Act to Provide a Board of Trustees of Town Donations of the Town of Concord
Chapter 181 of the Acts and Resolves of 1892
As Amended by Chapter 280 of the Acts and Resolves of 1952(Town Charter)
And by Chapter 302 of the Acts and Resolves of 1986
Be it enacted, etc., as follows:
Section 1. There shall be a board of trustees of town donations of the town of Concord which shall consist of five members each of whom shall serve terms of three years. The town treasurer may serve as treasurer of said board.
Section 2. At the annual meeting of said town the members of said board of trustees shall be appointed by the board of selectmen to fill the terms of office which have expired.
Section 3. A vacancy in said board shall be created by the death, the removal for cause by the supreme judicial court, the removal of his legal residence from said town, or the resignation in writing delivered to the selectmen, of any member of said board. Vacancies shall be filled by the election by ballot of new members for the remainder of the terms so vacated, at a meeting duly called and under an article in the warrant therefor specially notifying the voters of such vacancy and election (see note below).
Section 4. Said board shall take, hold, manage and dispense all the estates, real and personal, devised and bequeathed or given to said town of Concord for donations, now held by said Keyes, Hosmer and Hoar as trustees of town donations, and any and all donations for public or charitable objects hereafter made to said town and voted by said town to be so held, managed and dispensed by said board, and also any property conferred upon said board for the benefit of said town or any public or charitable objects therein. Said board may invest and reinvest all estate and property, real and personal, in such other estates and securities as it may deem safe and proper.
Section 5. Said board shall take, hold, manage and dispose of the sinking fund for the payment of the Concord water loan, now held by said Keyes, Hosmer and Hoar as trustees of town donations under and by virtue of chapter one hundred and eighty-eight of the acts of the year eighteen hundred and seventy-two.
Section 6. Said board shall take, hold and manage all sums of money deposited with the treasurer of said town for the care and preservation of cemetery lots, under the provisions of chapter eighty-two of the Public Statutes, and may invest the same in the Middlesex Institution for Savings or other savings banks in this Commonwealth, in separate accounts with each deposit, and shall pay over from the income thereof to the proper persons the sums necessary to carry out the purpose of said deposits.
Section 7. Said board is authorized to receive, hold and manage the Sleepy Hollow cemetery fund in said Concord, a private fund established by individuals for the benefit of said cemetery, whenever authorized thereto by the present trustees of said fund and a majority of the donors thereof, or their legal representatives in writing, and to expend the income of the same according to the provisions of the original gift thereof.
Section 8. Said board shall do all acts necessary or proper to be done for the purpose of carrying into effect the provisions of this act, and shall annually make a full report to said town of the amounts and investments of all said donations and deposits, and of their doings in relation thereto.
Section 9. Nothing in this act contained shall be construed as restricting, enlarging or in any way changing the terms of said donations.
Section 10. This act shall take effect upon its acceptance by said town at a legal meeting duly called for that purpose.
Approved by the General Court on April 20, 1892, and accepted by the Town under Article 2, Town Meeting, June 2, 1892.
Change from Elected to Appointed by the “Selectmen-Manager Charter,” passed by the General Court on May 5, 1952 under Chapter 280 of the Acts & Resolves of 1952, and accepted by Concord at Town Election, March 7, 1955.
Amendments to Sections 1 and 2 passed by the General Court on July 21, 1986 under Chapter 302 of the Acts & Resolves of 1986. This was authorized under Article 16 of the Annual Town Meeting, April 1986.
EDITOR’S NOTE: The underlined portion of Section 3 above is inconsistent with the Town Charter, which went into effect March 12, 1956. I found no evidence of the language ever being cleaned up after that time (although I have not done an exhaustive search). The Committee’s Administrative Code (which was drafted in 1969 and amended in 1986) reads as follows: “Vacancies occurring otherwise than by expiration of term shall be filled by appointment by the Selectmen.”
An Act to Consolidate the Board of Water Commissioners and the Board of Sewer Commissioners of the Town of Concord, and Further to Define the Duties and Powers of the Trustees of Town Donations of Said Town
Chapter 59 of the Acts and Resolves of 1902
Be it enacted, etc., as follows:
Sections 1 and 2 refer to the Water and Sewer Commissioners.
Section 3. The trustees of town donations of the town of Concord, established under chapter one hundred and eighty-one of the acts of the year eighteen hundred and ninety-two, shall take, hold, manage and dispose of the sinking fund for the payment of the Concord municipal light loan, and all sinking funds from time to time entrusted to them by said town, as well as the sinking funds for the payment of the Concord water and sewer loans, with the powers conferred upon said board by section four of said chapter one hundred and eighty-one.
Section 4. This act shall take effect upon its acceptance by said town at a legal meeting called for that purpose.
Approved by the General Court on February 6, 1902.
Accepted by the Town under Article 3 of the February 27, 1902 Town Meeting.
An Act to Authorize the Trustees of Town Donations of the Town of Concord to Appoint a Treasurer and a Secretary
Chapter 566 of the Acts and Resolves of 1910
Be it enacted, etc., as follows:
Section 1. The board of trustees of town donations of the town of Concord , provided for by chapter one hundred and eighty-one of the acts of the year eighteen hundred and ninety-two, may appoint one of their number or any other citizen of Concord , who may not be the town treasurer, as treasurer of the funds held by them. Such treasurer shall furnish a bond to said town for the faithful performance of his duties in such sum and with such surety as the said board shall approve, and be subject to removal by the board. The board may also appoint a secretary.
Section 2. No member of said board shall receive compensation for his services, but the treasurer and the secretary thereof, or either of them, if not members of said board, may receive such compensation as shall be fixed by the board. Such compensation and the cost of the said bond, if furnished by a surety company, shall be charged to the income of the funds held by the board in such proportions as the board may determine.
Approved by the General Court on May 26, 1910
Authorized by Article 3 of the April 1910 Town Meeting