Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to
convey forthwith a certain parcel of land in the city of Boston for the
development of affordable housing,
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 capital asset management and
maintenance may convey, notwithstanding sections 40E to 40I, inclusive, of
chapter 7 of the General Laws or any other general or special law to the
contrary, a certain parcel of commonwealth land located at Melnea Cass
Boulevard in the city of Boston, generally shown as parcel 24F on a "Land
Transfer Plan, Parcel 24" prepared for the Massachusetts Housing Finance
Agency by Bryant Associates, Inc., dated February 25, 1998 to the
Roxbury/South End Tenants' Council, Inc.,
d/b/a Roxse Tenants Council, to facilitate affordable housing development. The
parcel will be conveyed by release deed in its existing condition without
warranties or representations by the commonwealth. The commissioner shall
determine the exact boundaries and acreage of the parcel based upon a survey of
the parcel.
SECTION 2.
The consideration to be paid by the Roxbury/South End
Tenants' Council, Inc., d/b/a Roxse Tenants Council, to the commonwealth for
the parcel shall be not less than the full and fair market value for the
parcel. The value of the parcel shall be determined by the commissioner of the
division of capital asset management and maintenance based upon an
independent professional appraisal. The commissioner shall, 45 days before
the conveyance authorized by section 1, submit the appraisal and a report
theron to the inspector general. The inspector general shall review and
approve the appraisal and the review shall include an examination of the
methodology used for the appraisal. Within 30 days of receipt of the
appraisal, the inspector general shall prepare a report of his review and
approval of the appraisal and file the report with the commissioner. The
commissioner shall forward copies of the inspector general's report to the
house
and senate committees on ways and means and to the chairmen of the joint
committee on state administration at least 15 days before the conveyance.
SECTION 3.
The Roxbury/South End Tenants' Council, Inc., d/b/a Roxse
Tenants Council, shall pay all expenses associated with any land survey,
appraisal, title examinations, recording fees and any other expenses relating
to the conveyance of the parcel, and shall be responsible for all costs,
liabilities and expenses of any nature and kind for its ownership.
The deed or
other instrument conveying the parcel to the Roxbury/South End Tenants'
Council,
Inc., d/b/a Roxse Tenants Council and any subsequent deed or deeds of all or a
portion of the parcels shall, without limitation, provide that if the parcels
cease to be used for the purposes set forth in this act, title to the parcels
or to portions of the parcels that are used in violation of this act,
shall, at the election of the commonwealth, revert to the commonwealth.
Approved April 1, 2004.