Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately convey a parcel of land within the Commonwealth of Massachusetts, Lowell Heritage State Park, by the Division of Capital Planning and Operations to the city of Lowell, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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, notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey in fee simple to the city of Lowell certain park land located in said city of Lowell, to be under the care and control of the department of environmental management for any and all activities which benefit the general public subject to the requirements of sections two to four, inclusive, and subject to such other additional terms and conditions as the commissioner may prescribe in consultation with said department of environmental management.

Said parcel is shown as Parcel 1 on a plan entitled "Plan of Property Owned by Manzi Sales & Service, Inc., The Commonwealth of Massachusetts, Broadway Street, Lowell, Massachusetts", dated November 27, 1979, by Cullinan Engineering Co., Inc., and recorded at Middlesex north registry of deeds at Plan Book 133, Page 86. In the event that all or a portion of the description of the parcel set forth within this chapter contradicts or is inconsistent with the description of such parcels as shown upon said plans of record, then said plans of record and any subsequent plans of record shall control as to the accuracy and correctness of such description.

The purchase price paid by the city of Lowell for said parcel shall be the full and fair market value of the property as determined by independent appraisal, for its use as described herein. The inspector general shall review and approve such appraisal and such review shall include a review of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file such 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. Said city of Lowell shall pay such purchase price in full at the time of said conveyance.

SECTION 2. The use of the parcel described in section one by the city, its successors and assigns, shall not interfere with the commonwealth's use and operation of the adjacent properties as a state park. Any improvements made on the above described parcel shall be in conformance with the standards of the Lowell historic preservation commission and the Lowell historic board or their successors and assigns. In the event that exterior restorations have not been substantially completed within three years of the conveyance authorized herein, all interests conveyed in such parcel shall revert to the commonwealth and shall be under the care and control of the department of environmental management.

SECTION 3. In the event that the parcel conveyed pursuant to this act is not developed within three years after the effective date of this act, or ceases to be used for any and all activities which benefit the general public at any time thereafter, said interests shall revert to the commonwealth and shall be under the care and control of the department of environmental management.

SECTION 4. The city of Lowell shall be responsible for any costs for appraisals, surveys and other expenses relating to the transfer of the property authorized in section one, or for any costs and expenses of any nature and kind for its development or for its maintenance.

SECTION 5. The purchase price paid pursuant to section one shall be deposited in the General Fund of the commonwealth.

SECTION 6. The commissioner shall, within forty-five days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit such 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 such 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.