21.202 An Order to Authorize Acceptance of Gifts of Labor and Materials for Sidewalk Repair or ReplacementCity of Northampton
MASSACHUSETTS
_________
In City Council, March 4, 2021
Upon the recommendation of Mayor David J. Narkewicz and Department of Public Works
21.202 An Order to Authorize Acceptance of Gifts of Labor and Materials for Sidewalk Repair or
Replacement
WHEREAS, Property owners in the City are responsible for certain maintenance of the
sidewalks and driveway aprons within the public way; and
WHEREAS, Property owners often desire to perform or have performed significant
maintenance, repair or replacement of such sidewalks as part of driveway
replacement or otherwise; and
WHEREAS, Heretofore, the Massachusetts Department of Labor Standards has opined that such
work within the public way performed on behalf of a property owner implicated
the requirement to pay prevailing wages and, depending upon the extent of the
work and the cost thereof, the requirement to follow other requirements of
applicable procurement laws, including solicitation of bids for such work; and
WHEREAS, The Department of Labor Standards has revised that opinion, and such work may
now be performed on behalf of the property owner without regard to such
procurement laws; and
WHEREAS, The materials required to maintain, repair or replace a sidewalk within the public
way constitute a gift to the City of tangible personal property that require
acceptance by vote of the City Council; and
WHEREAS, The public interest would be served by allowing the Department of Public Works
to accept such gifts without further Order of the City Council, provided that prior
to performance of such work the proposal is reviewed and approved by the
Department of Public Works.
Ordered, that
In accordance with M.G.L. c. 44, § 53A½, the City Council hereby authorizes the Department of
Public Works to accept any and all gifts from property owners of labor and materials valued up
to $10,000 for the maintenance, repair and replacement of sidewalks within the layout of the
public way abutting the property of such property owner subject to such review and the issuance
of such approvals and/or permits as the Department of Public Works may, from time to time,
establish by departmental regulation.