Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4700 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE . . . . . . . No. 4700
3	3	The Commonwealth of Massachusetts
4	4	______________________________________
5	5	HOUSE OF REPRESENTATIVES, May 30, 2024.
6	6	The committee on Ways and Means, to whom was referred the Bill
7	7	authorizing the commissioner of Capital Asset Management and
8	8	Maintenance to convey certain parcels of land to the city of Lowell
9	9	(House, No. 4117), reports recommending that the same ought to pass
10	10	with an amendment substituting therefor the accompanying bill (House,
11	11	No. 4700).
12	12	For the committee,
13	13	AARON MICHLEWITZ. 1 of 5
14	14	FILED ON: 5/30/2024
15	15	HOUSE . . . . . . . . . . . . . . . No. 4700
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act authorizing the commissioner of Capital Asset Management and Maintenance to convey
22	22	certain parcels of land to the city of Lowell.
23	23	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
24	24	authorize forthwith the commonwealth to convey certain parcels of land in the city of Lowell to
25	25	the city of Lowell, therefore it is hereby declared to be an emergency law, necessary for the
26	26	immediate preservation of the public convenience.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
30	30	2General Laws or any other general or special law to the contrary, the commissioner of capital
31	31	3asset management and maintenance may, in consultation with the court administrator of the trial
32	32	4court, convey a certain parcel of state-owned land acquired for the construction of the district
33	33	5court of Lowell pursuant to chapter 542 of the acts of 1967, with the buildings thereon, to the
34	34	6city of Lowell for redevelopment purposes on such terms as may be determined by the
35	35	7commissioner of capital asset management and maintenance. The parcel is located at 41 Hurd
36	36	8street in the city of Lowell and is the site of the former Lowell district court.
37	37	9 The parcel is more particularly described in:
38	38	10 (i) a deed recorded in the Middlesex North registry of deeds in book 707, page 114; 2 of 5
39	39	11 (ii) an order of taking recorded in the Middlesex North registry of deeds in book 1846,
40	40	12page 588;
41	41	13 (iii) an order of taking recorded in the Middlesex North registry of deeds in book 1846,
42	42	14page 590;
43	43	15 (iv) an order of taking recorded in the Middlesex North registry of deeds in book 1846,
44	44	16page 591; and
45	45	17 (v) a deed recorded in the Middlesex North registry of deeds in book 1027, page 43.
46	46	18 (b) The exact boundaries of the parcel may be determined by the commissioner of capital
47	47	19asset management and maintenance after completion of a survey. The property shall be conveyed
48	48	20by deed without warranties or representations by the commonwealth.
49	49	21 SECTION 2. (a) Consideration for the conveyance authorized in section 1 shall be $1,
50	50	22payable at the time of the conveyance.
51	51	23 (b) The commissioner of capital asset management and maintenance shall establish the
52	52	24value of the property described in section 1 for both the highest and best use of the property as
53	53	25currently encumbered and for the purposes described in section 1. If the consideration for said
54	54	26parcel conveyed is less than fair market value, the commissioner of capital asset management
55	55	27and maintenance shall place notice in the central register of the conveyance, the amount of the
56	56	28transaction and the difference between the calculated value and price received.
57	57	29 SECTION 3. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
58	58	30General Laws or any other general or special law to the contrary, the commissioner of capital
59	59	31asset management and maintenance may, in consultation with the court administrator of the trial 3 of 5
60	60	32court, convey certain parcels of state-owned land previously used as the Middlesex superior
61	61	33court and associated parking, with the buildings thereon, to the city of Lowell for redevelopment
62	62	34purposes on such terms as may be determined by the commissioner of capital asset management
63	63	35and maintenance. The courthouse parcel is located at 330 Gorham street in the city of Lowell,
64	64	36described in a deed recorded in the Middlesex North registry of deeds in book 512, page 301,
65	65	37and is the site of the former Middlesex superior court. The associated parking parcels are located
66	66	38at: (i) 58 Elm street, 53 Auburn street and 105 Chapel street in the city of Lowell and are more
67	67	39particularly described in a deed recorded in the Middlesex North registry of deeds in book 1159,
68	68	40page 193; and (ii) 44 Elm street in the city of Lowell, described in a deed recorded in the
69	69	41Middlesex North registry of deeds in book 19386, page 279.
70	70	42 (b) The exact boundaries of the parcels may be determined by the commissioner of
71	71	43capital asset management and maintenance after completion of a survey. The property shall be
72	72	44conveyed by deed without warranties or representations by the commonwealth.
73	73	45 SECTION 4. (a) Consideration for the conveyance authorized in section 3 shall be $1,
74	74	46payable at the time of the conveyance.
75	75	47 (b) The commissioner of capital asset management and maintenance shall establish the
76	76	48value of the property described in section 3 for both the highest and best use of the property as
77	77	49currently encumbered and for the purposes described in section 3. If the consideration for said
78	78	50parcel conveyed is less than fair market value, the commissioner of capital asset management
79	79	51and maintenance shall place notice in the central register of the conveyance, the amount of the
80	80	52transaction and the difference between the calculated value and price received. 4 of 5
81	81	53 SECTION 5. The city of Lowell may sell or lease the parcels described in sections 1 and
82	82	543 for redevelopment. If the city of Lowell sells or leases any portion of the parcels described in
83	83	55sections 1 or 3, the net proceeds from such sale or lease, as determined by the city of Lowell and
84	84	56agreed to by the commissioner of capital asset management and maintenance, shall be allocated
85	85	57between the city of Lowell and the commonwealth in equal shares; provided, however, that the
86	86	58commissioner of capital asset management and maintenance may agree to reduce the share of the
87	87	59commonwealth's proceeds to not less than 40 per cent of the net proceeds in order to provide
88	88	60certain incentives to the city of Lowell to sell or lease a parcel expeditiously. Any revenue paid
89	89	61to the commonwealth pursuant this section shall be deposited into the Courts Capital Project
90	90	62Fund established pursuant to section 2YYY of chapter 29 of the General Laws. If the net
91	91	63proceeds, as so determined, is a negative amount, the commonwealth shall not be required to
92	92	64make any payments to the city of Lowell.
93	93	65 SECTION 6. Notwithstanding any general or special law to the contrary, the city of
94	94	66Lowell shall pay for all costs and expenses of the sale of the parcels described in sections 1 and 3
95	95	67to the city of Lowell pursuant to this act as determined by the commissioner of capital asset
96	96	68management and maintenance, including, but not limited to, the cost of any recording fees and
97	97	69deed preparation related to the conveyance and all costs, liabilities and expenses of any nature
98	98	70and kind related to the city’s ownership of the parcels; provided, however, that such costs shall
99	99	71be included for the purposes of determining the net proceeds of the city’s sale or lease of any
100	100	72portion of the parcels described in sections 1 and 3. Amounts paid by the city of Lowell related
101	101	73to costs, liabilities and expenses related to the city’s management and maintenance of the parcels
102	102	74prior to any transfer authorized in sections 1 and 3, as determined by the commissioner of capital
103	103	75asset management and maintenance, may be included for the purposes of determining the net 5 of 5
104	104	76proceeds from a sale or lease. Amounts paid by the city of Lowell pursuant to sections 2 and 4
105	105	77shall not be included for the purposes of determining the net proceeds from a sale or lease.
106	106	78 SECTION 7. If the city of Lowell does not complete the purchase of the parcels
107	107	79described in sections 1 and 3 within 180 days of the effective date of this act or such other date
108	108	80as agreed to by the commissioner of capital asset management and maintenance, the
109	109	81commissioner of capital asset management and maintenance may convey, lease for a term not to
110	110	82exceed 99 years, transfer or otherwise dispose of said parcels in accordance with chapter 290 of
111	111	83the acts of 2004, as amended by sections 59 to 70, inclusive, of chapter 122 of the acts of 2006
112	112	84and section 20 of chapter 304 of the acts of 2008.
113	113	85 SECTION 8. The city of Lowell may establish a special revenue fund for the purpose of
114	114	86effectuating the redevelopment of the parcels described in sections 1 and 3. The treasurer of the
115	115	87city of Lowell may credit to the fund any proceeds from the sale or transfer of the parcels, any
116	116	88lease payments in connection with the parcels or any other funds appropriated to the fund by the
117	117	89city council, upon recommendation of the city manager. Notwithstanding section 31 of chapter
118	118	9044 of the General Laws, the city of Lowell may expend from the fund any costs incurred in
119	119	91connection with the care and custody of the parcels of land, the conveyance of the parcels, or any
120	120	92other architectural and engineering, legal or other professional services incidental and related
121	121	93thereto, or any cost as described in section 6. Any deficit in the fund shall be provided for not
122	122	94later than the second tax year from the expenditure that caused said deficit.