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. Section 1 of chapter 325 of the acts of 1994 is hereby amended by adding the following sentence:- It is hereby further declared that there is an urgent need within said city of Lowell for a publicly owned outdoor stadium facility suitable for athletic and sporting events, including use by the University of Massachusetts at Lowell baseball team and by a minor league professional baseball team and other public and private uses, including civic and cultural activities, and the provision of such a facility will enhance economic development within said city and the region, will increase the general welfare of the public, will increase the level of employment and will increase assessed commercial property values and the provision of such a facility is a proper public and municipal purpose.

SECTION 2. Section 2 of said chapter 325 is hereby amended by adding the following two sentences:- For the purpose of this act, the term "civic stadium" shall mean a multipurpose outdoor stadium consisting of one or more single or multipurpose structures and facilities designed and constructed to provide accommodations for large public and private gatherings which are civic, cultural, athletic, commercial or entertainment in nature. Such structures and facilities shall be publicly owned and either publicly or privately operated and the same may be open to the public use with or without charge or to private use for a fee.

SECTION 3. Subsection (a) of section 3 of said chapter 325 is hereby amended by striking out the first two sentences and inserting in place thereof the following two sentences:- The city of Lowell, upon recommendation of the city manager and approval of the city council, is hereby authorized to establish a commission, to be known as the Lowell arena and civic stadium commission, hereinafter called the commission, for the purpose of establishing, designing, constructing, operating and maintaining, as herein provided, a multipurpose civic arena and civic stadium within said city. Said commission shall consist of seven members, residents of the city as herein provided, four of whom shall be appointed by the city manager with the approval of the city council and three of whom shall be appointed by the chancellor of the University of Massachusetts at Lowell, hereinafter called the university, in accordance with the procedures set forth in this act.

SECTION 4. Subsection (c) of said section 3 of said chapter 325 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The members of the commission shall serve for terms of five years unless sooner removed; provided, however, that two of the initial appointees of the chancellor of the university shall serve for two years, and one shall serve for three years, the term of each to be designated by the chancellor at the time of appointment; the remaining initial appointees of the city shall serve for terms of one, two, four and five years, respectively, the term of each to be designated by the city manager at the time of appointment.

SECTION 5. Section 4 of said chapter 325 is hereby amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-

(a) The commission, in cooperation with federal, state, municipal or private agencies or persons, natural or corporate, including, without limitation, the university, is hereby authorized for and on behalf of the city to plan, design, locate, acquire property, construct, equip, furnish, alter, enlarge and repair structures and facilities of a civic arena and civic stadium whenever and to such extent that the commission deems such facilities to be necessary or desirable in the city.

SECTION 6. Said section 4 of said chapter 325 is hereby further amended by striking out paragraphs (c) and (d) and inserting in place thereof the following three paragraphs:-

(c) The commission is authorized to contract with the university, Lowell memorial auditorium or any other persons or entities, public or private, to provide the commission with feasibility, financial and other studies, plans and specifications and other professional services, including legal and accounting services and including those necessary to determine the characteristics, quality, financing, design and time schedule for the construction of the civic arena and civic stadium, and the university and other person, persons or entities may pay all or any portion of the cost of such studies, plans, specifications or other services. The commission shall reimburse the city for up to two hundred and fifty thousand dollars for expenses incurred by the city for project management, engineering, design and site assessment, legal and appraisal services, including feasibility and economic projections, pertaining to the civic arena prior to the effective date of this act and the appropriation of funds for the construction of the civic arena and civic stadium.

(d) Notwithstanding the provisions of sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine of the General Laws or any other general or special law to the contrary, the commission is authorized to contract with one or more persons to design and manage the construction of the civic arena and civic stadium or to design and construct the same, provided, however, that the selection process by the commission shall be in accordance with the requirements of section six of chapter thirty B of the General Laws and, to the extent applicable, shall be governed by the provisions of sections two, three, seven, eight, nine, ten, twelve, thirteen, fourteen, seventeen and nineteen of said chapter thirty B.

(e) Notwithstanding the provisions of sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine of the General Laws or any other general or special law to the contrary, the commission is authorized in connection with the planning, designing and construction of the civic stadium to use such method of construction and design as it determines is appropriate and necessary for the purpose of insuring quality, timeliness and economy of construction including, but not limited to, fast-tracked or phased construction, design and build procurement and other alternative methods of procurement; provided, however, that the selection process by the commission shall be in accordance with the requirements of section six of chapter thirty B of the General Laws and, to the extent applicable, shall be governed by the provisions of sections two, three, seven, eight, nine, ten, twelve, thirteen, fourteen, seventeen and nineteen of said chapter thirty B.

SECTION 7. Paragraph (a) of section 5 of said chapter 325 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commission, upon the approval of the city council as provided in paragraph (b) of section four, is hereby authorized to acquire in the name and on behalf of the city for the purposes of this act private or public, real or personal property rights above, at or below the surface of the earth which it deems necessary or desirable for a civic arena and civic stadium by purchase, gift, lease, bequest, devise or grant, and the city may transfer to the jurisdiction of the commission for such purpose any such property acquired by the city by purchase, gift, lease, bequest, devise or grant or by the exercise of eminent domain under any provision of law.

SECTION 8. Paragraph (b) of said section 5 of said chapter 325 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The commission, upon the approval of the city council as set forth in paragraph (b) of section four, may sell, lease, exchange, demolish or otherwise dispose of property and property rights acquired under this act if, in so doing, it deems that the interests of the city will be best served and that the same are no longer needed for purposes of the civic arena and civic stadium.

SECTION 9. Said chapter 325 is hereby further amended by striking out section 6 and inserting in place thereof the following section:-

Section 6. For the purposes of making surveys, planning, acquiring land for, erecting, equipping of a civic arena and civic stadium, the city, acting by and through the commission, is hereby authorized to accept and use such federal, commonwealth and university funds, grants, appropriations, credits and benefits as may now or hereafter be available for the same including, without limitation, any funds available to the city or the commission in accordance with the provisions of chapter four hundred and eighty-six of the acts of nineteen hundred and eighty and to secure the benefits in regard to the civic arena and the civic stadium of the applicable provisions of federal or state law or that which may be restricted by referendum for initial construction.

SECTION 10. Section 7 of said chapter 325 is hereby amended by striking out clauses (a) to (f), inclusive, and inserting in place thereof the following six clauses:-

(a) to maintain, operate, insure, promote, repair and improve a civic arena and a civic stadium for such uses as are provided in this act.

(b) to provide through employees of the city under the commission's supervision or by the grant of one or more contracts or concessions to the university or to private persons or entities for the furnishing of services and materials for the accommodation of persons admitted to or using the civic arena or civic stadium or any part, facility or function thereof.

(c) to establish rules, regulations and policies and to fix penalties for violations thereof, for the use and occupancy of the civic arena and civic stadium in accordance with the purposes provided for in this act and to revise the same from time to time. Penalties enforced or other damages recovered by judicial process or otherwise shall be collected for the account of the city and paid over to the commission.

(d) to fix and revise from time to time and charge and collect fees, rates, rentals and other charges for admission to, or the use or occupancy of the civic arena and civic stadium or any part thereof, and for the grant of concessions therein and for things furnished or services rendered by the commission or by the university or any other person holding a concession from the commission, whether the facilities are operated by the commission or under a contract or lease with the university or any other persons or entities. The commission shall fix such fees, rates, rentals or other charges for the admission to or the use and occupancy of the civic arena and civic stadium under this act as in its judgment are best suited to insure maximum income to meet the expenses of the commission as established in its annual budget and to provide such facilities at reasonably low cost. The fees, rates, rentals and other charges fixed by the commission shall not be subject to supervision by or regulation of any department, division, commission, board, bureau or agency of the commonwealth or the city except as otherwise provided herein.

(e) to contract with the university and any other persons or entities, public or private, with respect to the use and occupancy by the university or such persons or entities by lease, rental or otherwise of all or any portion of the civic arena and civic stadium under such terms and conditions, for such fees, rentals or other charges, and for such period, not exceeding three years, as the commission shall deem in the best interest of the city, except that a contract with the university for university use may be for a period in excess of three years. Any such contract with the university may include provision for the payment by the university directly or by contribution to the commission through the city of a portion of the capital costs of design, construction and operation of the civic arena and civic stadium and the university may enter into any such contract with the commission and make any such payment or contribution from any monies of the university available for such purpose, notwithstanding the provisions of any general or special law to the contrary.

(f) to contract with a private professional manager or management firm, hereinafter called the "general manager", which may be the same as the management agent for Lowell memorial auditorium, wherein the commission may delegate such duties and authority to the general manager with regard to supervising the design and construction and equipping, furnishing, repairing, operating and maintaining the civic arena and civic stadium as the commission deems proper; provided, however, that any such contract shall provide for the termination of the same by the commission for cause and may provide for the termination of the same at the convenience of the commission.

SECTION 11. Said chapter 325 is hereby further amended by striking out section 8 and inserting in place thereof the following section:-

Section 8. (a) The commission is hereby authorized to maintain and operate a civic arena and a civic stadium or to contract with the university or to contract with any person acting jointly with the university or any other person, public or private, for the maintenance and operation of the civic arena and civic stadium or any portion thereof; provided, however, that any such contract shall not exceed a term of three years and shall be subject to the limitations and procedures established by section twenty-nine of chapter forty-three of the General Laws.

(b) Any contract pursuant to paragraph (a) may provide for advance reservations of the multipurpose civic arena and civic stadium or a facility thereof and shall be on such terms and conditions as the commission deems proper. Notwithstanding the provisions of any general or special law or ordinance to the contrary, contracts executed pursuant to this section shall be valid and binding on both parties thereto when executed by any such person and upon approval by a majority of the members of the commission. Said commission's power to execute contracts under this section may be delegated by it to the general manager of the civic arena and civic stadium.

SECTION 12. Said chapter 325 is hereby further amended by striking out section 9 and inserting in place thereof the following section:-

Section 9. (a) The commission shall have no independent authority to incur debt. All debt in the form of notes or bonds, if any, incurred in connection with the civic arena and civic stadium shall be debt of the city and shall be incurred by the city in accordance with applicable laws and procedures and on such terms and conditions as determined by the city from time to time.

(b) Subject to the approval of the finance advisory board if such board shall then be in existence, the city, upon recommendation of the city manager and approval of the city council, may appropriate to the commission such funds as it deems necessary for the purposes of managing, operating, promoting, maintaining, repairing and improving the multipurpose civic arena and civic stadium or any of its facilities. The provisions of chapter four hundred and eighty-six of the acts of nineteen hundred and eighty, to the extent not inconsistent with the provisions of this act, shall apply to the city and the commission acting under the provisions of this act.

(c) Any receipts from the operation of the civic arena and civic stadium shall be kept in a separate fund by the city treasurer apart from any other money, funds or other property of the city and may be used subject to the recommendation of the city manager and the approval of the city council for the purpose of managing, operating, promoting, maintaining, repairing and improving the civic arena and civic stadium and for the payment of bond and note indebtedness as provided in this act and for a capital reserve fund among other things. The provisions of section fifty-three F> of chapter forty-four of the General Laws shall apply to the civic arena and civic stadium which shall be deemed to be an enterprise under said provisions.

(d) Notwithstanding the provisions of section thirty-one of chapter forty-four of the General Laws and section seven seventy-six of the Code of Ordinances city of Lowell, Massachusetts, or any other general or special law to the contrary, the commission is hereby authorized to pay the project manager not more than one million nine hundred thousand dollars for services rendered prior to the date of execution of the contract between Gilbane Building Company and the city of Lowell, which services were rendered subsequent to the date of a "notice to proceed" to Gilbane by the city manager of the city of Lowell on January seventeenth, nineteen hundred and ninety-five; provided, however, that no funds shall be paid to said project manager of Gilbane Building Company until the city auditor has determined that the work provided has been completed in a workmanlike manner and that the charges for such work are reasonable.

SECTION 13. Section 10 of said chapter 325 is hereby amended by striking out paragraphs (a) and (b) and inserting in place thereof the following two paragraphs:-

(a) Notwithstanding any limitation on the number of licenses which may be issued under the provisions of section seventeen of chapter one hundred and thirty-eight of the General Laws, the licensing commissioners of the city of Lowell may issue to the university or to any other persons or entities operating the civic arena or civic stadium under a contract pursuant to paragraph (a) of section eight or who has been granted a concession by the commission for the sale of food and alcoholic beverages pursuant to paragraph (b) of section seven a license as a common victualler to serve all alcoholic beverages to be drunk on the premises of the civic arena or civic stadium or any part thereof and the provisions of sections twelve A and sixteen C of said chapter one hundred and thirty-eight shall not apply to such premises. A licensee shall not be required by said licensing board under the provisions of section twelve of said chapter one hundred and thirty-eight to have the licensed premises open during any hours when there is no activity being conducted in the civic arena or civic stadium nor shall the licensee be permitted to serve food or alcoholic beverages to strangers, travelers or members of the general public who are not attending an activity then being conducted in the civic arena or civic stadium.

(b) Notwithstanding any general or special law or ordinance to the contrary, said licensing commissioners are authorized to issue to the university or to any other persons operating the multipurpose civic arena or civic stadium under a contract pursuant to paragraph (a) of section eight or who has been granted a concession by the commission for the sale of food or beverages pursuant to paragraph (b) of section seven a common victualler's license for the premises of the civic arena or civic stadium or any part thereof pursuant to section two of chapter one hundred and forty of the General Laws and the provisions of section five of said chapter one hundred and forty shall not apply to the license so issued.

SECTION 14. This act shall take effect upon its passage.