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rp February 9, 1977 <br />Special Town Meeting <br />rt8 4 ARTICLE 6 -To see if the Town will vote to transfer from the Revenue <br />SharingAccountthe sum of $61,000.00 to the Selectmen's Out -of -State <br />B�7�K11TEScKYV%eoboardeof' selectmenction thereon. <br />C <br />� <br />» <br />RECOMMENDED BY THE FINANCE COMMITTEE <br />ACTION: Moved and seconded to accept Article 6 as read. <br />Vote Carried. <br />ARTICLE 7. To see if the Town will vote to transfer from <br />Fiscal Assistance Title II funds the sum of $6500.00 to <br />the Anti-rece:ssien;..n <br />the Selectmen's <br />Wage Account, or take any other action thereon. <br />SUBMITTED BY THE BOARD OF SELECTMEN <br />RECOMMENDED BY THE FINANCE COMMITTEE <br />ACTION: Moved and Seconded to table Article 7. Unanimous vote. ' <br />ARTICLE 8: To see if the Town will vote to authorize the Board of <br />Selectmen to instruct our State Legislators to file the following <br />legislation: <br />"AN ACT RELATIVE TO THE ALLEVIATIONOF CERTAIN FINANCIAL BURDENS OF <br />CERTAIN LAND OWNERS OF THE TOWN OF MASHPEE. <br />WHEREAS. The deferred operation of this act would tend to defeat its <br />purpose, which is to provide for the immediate relief of certain <br />land owners of the Town of Mashpee, therefore it is hereby declared <br />to be emergency law to go into effeet immediately upon its passage. <br />Be it enacted1by the Senate and House of Representatives in General <br />Court assembled, and by the authority of the same as follows: <br />SECTIONI. Land owners of the Town of Mashpee who, prior to the date of <br />the filing of the'Wampanoag Indian Tribal Council land suit,(Mashpee <br />Tribe, Plaintiff v. Town of Mashpee, et al. #76-3190-S) on August 26, <br />1976 were paying interest on outstanding loans and/or mortgages shall <br />be permitted to defer payments on those interest charges between 5% and <br />11% on the principal. <br />SECTION 2. The amount of interest owed by the borrower to;a lending <br />institution which'is to be deferred shall be paid to the lending <br />institution by the Commonwealth of Massachusetts acting by and through <br />the Secretary of Administration and Finance according to the terms of ' <br />the loans and/or mortgages provided that the total amount paid to the <br />lending institution by the Commonwealth shall not exceed 8500,,'i_000.00 <br />annually. <br />All interest payments made by the Commonwealth on behalf of a Mashpee <br />property owner shall be reimbursed by the property owner to the Common- <br />wealth within one year of the settlement of the, law suit, Mashpee Tribe, <br />Plaintiff v. Town of Mashpee, et al. <br />SECTION 3. The eligtbllltj�-Afor deferred payment shall not be transferable <br />upon sale of property. <br />SECTDN 4. The terms of this act shall continue from the date of its <br />passage until settlement of the suit." <br />SUBMITTED BY THE BOARD OF SELECTMEN <br />ACTION: Amended to read:_ <br />Section 1. Definitions <br />(a) the term "Mashpee Litigation" shall mean Mashpee Tribe v. Town <br />of Mashpee. Et al.. Civil Action No. 76-3190-S in the United States <br />District Court for the District of Massachusetts, or any other judicial <br />proceeding in which aboriginal title to any property in the town of <br />Mashpee or in the town of Sandwich is asserted. <br />(b) The term "Affected Resident" shall mean any individual resident <br />of the town of Mashpee whose income has been substantially reduced as the <br />direct or indirect result of the Mashpee Litigation. , <br />(c) The term "Landing Institution" shall mean a national banking <br />association, a trust company, a savings bank, a savings and loan <br />institution or a credit union. <br />(d) The term "Eligible Loan" shall mean a loan which has not been <br />modified, since August 26, 197E; to increase the annual rate of interest <br />thereon and which was on August 26, 1976 and is still on the date of an <br />payment to be made hereunder (i) owed to a Lending Institution, and (ii5 <br />secured by a mortgage on real property in the town of Mashpee which, dis- <br />regarding any aboriginal title, is owned by a resident of the;town of <br />Mashpee who is or becomes an Affected Resident. <br />Section 2. The commonwealth shall pay the holder of any Eligible Loan <br />the interest required to be paid by its terms, up to an annual rate of <br />11%. <br />