Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E to forty G, inclusive, and section forty J of chapter seven of the General Laws, to sell and convey by deed a certain parcel of land located in the city of Taunton to the Taunton Development Corporation for municipal industrial development purposes, in accordance with and subject to all terms, conditions, covenants, easements, reservations and restrictions established therefor pursuant to section three of this act, said land being approximately that identified as "part A, 217.9 acres" in the proposed land acquisition summary on a plan entitled "composite plan showing existing conditions and proposed acquisition areas at Paul A. Dever State School, prepared for Taunton Development Corporation, May 1991, by Tibbets Engineering Corporation". The purchase price payable by the Taunton Development Corporation for said parcel shall be the full and fair market value of the property as of the time of conveyance to the Taunton Development Corporation, determined by independent appraisal, for its highest and best use. The inspector general shall review and approve said appraisal and said review shall include a review of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and house and senate chairmen of the joint committee on state administration in accordance with section five of this act. The Taunton Development Corporation shall pay said purchase price in full at the time of said conveyance.

SECTION 2. If the commissioner determines to sell the property described in section one to the Taunton Development Corporation, the commissioner shall not be required to comply with the provisions of section forty H of chapter seven of the General Laws, provided that the purchase price and other terms and conditions of such sale comply with section one and all other requirements of this act applicable thereto. In connection with any sale or rental of all or any part of said property by the Taunton Development Corporation to any individual or entity, the mayor of the city of Taunton, hereinafter referred to as the mayor, and the president of the Taunton Development Corporation, hereinafter referred to as the president, shall comply with the provisions of section sixteen of chapter thirty B of the General Laws as they apply to a governmental body.

In connection with any sale or rental of all or any part of said property by the Taunton Development Corporation to any individual or entity, the mayor and president shall issue a request for proposals. The request for proposals shall specify: (1) a listing and description of uses determined to be feasible or consistent with the purposes of this act; (2) all evaluation criteria that will be utilized for the evaluation of proposals, together with a statement that evaluations shall be based solely on the criteria set forth in the request for proposals; (3) all items or categories of information which must be included in each development proposal, and a format for submitting such information; and (4) those terms and conditions of the land disposition agreement which are not subject to negotiation, including, without limitation, all covenants, easements, reservations and restrictions of the conveyance of said property to the Taunton Development Corporation established pursuant to section three of this act, provided that the agreement shall incorporate by reference the development proposal submitted by the selected developer and provided further that the land disposition agreement shall include remedies on behalf of the city and the corporation in the event the developer fails to fulfill its obligations as set forth in the land disposition agreement.

Taking into consideration the proposed price and the evaluations based on the criteria set forth in the request for proposals, the mayor and the president shall determine the responsible and responsive developer submitting the most advantageous proposal. The mayor and the president may reject any and all proposals if they determine that rejection is in the best interests of the city. The mayor and president shall retain for a period of one year all proposals relating to the rental or sale and make them available for public inspection. No agreement for the rental or sale of the property shall be valid unless such agreement contains the following declaration, signed by the mayor and president:

The undersigned certify under the penalties of perjury that we have fully complied with the requirements of section two of chapter of the Acts of 1993 in connection with the property described herein. `ts

__________________________________________

Mayor, City of Taunton Date `t+1 __________________________________________

President, Taunton Development Corporation `t+1 __________________________________________

Date `t+1

SECTION 3. Prior to the sale of the property described in section one, the commissioner of the division of capital planning and operations shall work in consultation with the commissioner of mental retardation to determine what terms and conditions and covenants, easements, reservations and restrictions shall be prescribed as part of any disposition of said property and the validity of any deed or any rental agreement, if any, executed by or on behalf of the commonwealth by said commissioner. Such provisions shall include, but not be limited to, such matters as proper control of the industrial park traffic and noise and environmental impact on the Dever State School, reservation of easements on said property for water, power, sewer, and other utilities, and access for the Dever State School, implementation of proper protections for the Dever State School's present water and sewer and other utility systems, the creation of an appropriate physical barrier between the Taunton Industrial Park and the Dever State School to ensure the privacy and safety of employees and residents thereof and to preserve the ambiance of the Dever State School.

SECTION 4. The purchase price paid pursuant to section one shall be deposited in the General Fund of the commonwealth.

SECTION 5. The commissioner shall, thirty days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within fifteen days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the house and senate chairmen of the joint committee on state administration at least fifteen days prior to execution.

SECTION 6. From and after any transfer of the property described in section one to the Taunton Development Corporation, the use thereof shall be subject to any and all covenants, easements, reservations and restrictions established pursuant to section three of this act.

SECTION 7. In the event that the property described in section one is not used for the purposes described in section one within three years of the effective date of this act, or if the use for the aforementioned purpose ceases at any time, the property shall revert to the commonwealth.