Bill H.3337

FILED ON: 1/13/2012

HOUSE . . . . . . . . . . . . . . . No. 3337

The Commonwealth of Massachusetts

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In the Year Two Thousand Twelve

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An Act facilitating urban redevelopment in the city of Quincy.

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. This act is intended to facilitate urban redevelopment in the City of Quincy.

SECTION 2. Unless a different meaning clearly appears from the context, the following terms, wherever used in this act, shall have the following meanings:-

“City Parcels”, the two parcels of land currently owned by the City of Quincy in the Urban Renewal District, known as the Ross Garage and the Hancock Parking Lot, more particularly defined in the Land Disposition Agreement, that the city will transfer to the designated redeveloper who will redevelop the city parcels and other privately owned land.

“Land Disposition Agreement”, the agreement dated January 25, 2011, between the City of Quincy and Hancock Adams Associates, LLC, the redeveloper, including any amendments thereto, pursuant to which the City of Quincy will transfer the City Parcels to the redeveloper. The Land Disposition Agreement is subject to the approval of the department of housing and community development under chapter 121B of the General Laws.

“Urban Renewal District”, the area of downtown Quincy encompassed by that certain urban renewal plan known as the Quincy Center District Urban Revitalization and Development Plan dated May 7, 2007, as amended.

“Urban Renewal Plan”, the Quincy Center District Urban Revitalization and Development Plan dated May 7, 2007, as amended.

SECTION 3. Notwithstanding any general or special law to the contrary, a project authorized and approved by the City of Quincy under the Land Disposition Agreement, as approved by the Department of Housing and Community Development under chapter 121B of the General Laws, shall be deemed approved for the purposes of section 3 of chapter 121A of the General Laws.

SECTION 4. Notwithstanding any general or special law to the contrary, a project authorized and approved by the City of Quincy under the Land Disposition Agreement, as approved by the Department of Housing and Community Development under chapter 121B of the General Laws, shall be deemed approved for the purposes of section 5 of chapter 121A of the General Laws.

SECTION 5. Notwithstanding any general or special law to the contrary, a project authorized and approved by the City of Quincy under the Land Disposition Agreement, as approved by the Department of Housing and Community Development under chapter 121B of the General Laws, shall be deemed approved for the purposes of section 6 of chapter 121A of the General Laws.

SECTION 6. Notwithstanding any general or special law to the contrary, a project authorized and approved by the City of Quincy under the Land Disposition Agreement, as approved by the Department of Housing and Community Development under chapter 121B of the General Laws, shall be deemed approved for the purposes of section 6A of chapter 121A of the General Laws.

SECTION 7. Notwithstanding any general or special law to the contrary, the Land Disposition Agreement, as approved by the Department of Housing and Community Development under chapter 121B of the General Laws, for a project authorized thereunder shall serve as the regulatory agreement set forth in subsection c of section 18C of chapter 121A of the General Laws.

SECTION 8. Notwithstanding any general or special law to the contrary, the Land Disposition Agreement, as approved by the Department of Housing and Community Development under chapter 121B of the General Laws, for a project authorized thereunder shall serve as the regulatory agreement set forth in subsection e of section 18C of chapter 121A of the General Laws.

SECTION 9. Notwithstanding any general or special law to the contrary, the Land Disposition Agreement, as approved by the Department of Housing and Community Development under chapter 121B of the General Laws, for a project authorized thereunder shall serve as the regulatory agreement set forth in subsection f of section 18C of chapter 121A of the General Laws.

SECTION 10. Chapter 898 of the acts and resolves of 1973 is hereby amended by inserting after section 12, the following 4 sections:

“Section2A. Subject to the provisions of paragraphs (h) and (i) of section eighteen of chapter 121 A of the General Laws, the department shall, in addition to its other powers and duties, have the powers and perform the duties from time to time conferred or imposed upon the state housing board by the provisions of sections six A, seven, seven A, eight, nine, ten, eleven, twelve, thirteen, fifteen, sixteen, sixteen A, eighteen, eighteen B and eighteen C of said chapter 121A with respect to a project thereunder in the Urban Renewal District of the City of Quincy developed pursuant to the Land Disposition Agreement, as defined in section two of An Act Relative to Urban Redevelopment in the City of Quincy, and the words “housing board” or “board” as used in said sections shall be deemed to mean the department in the case of all such projects; provided, however, that no decision of the department approving a project or any change therein or making or amending any rule, regulation or standard therefor shall be in force until approved by the mayor of said city. The department shall make, and from time to time may amend, reasonable rules and regulations for securing its approval of projects in said Urban Renewal District under said chapter 121A, and no rule, regulation or standard of the state housing board shall apply to such a project. The department shall have the powers and perform the duties conferred or imposed by this paragraph notwithstanding that it may have made a contract directly or indirectly affecting the project.

Notwithstanding the foregoing, any authority to approve eminent domain under section 11 of chapter 121A shall be exercised by the mayor and the city council of the City of Quincy, not the department.

A condominium may be organized in said Urban Renewal District for any purpose allowed by chapter 183A of the General Laws and the provisions of section 18D of chapter 121A of the General Laws shall not apply thereto. The provisions of section 9 of chapter 121A of the General Laws shall not apply to the sale or resale of any condominium unit within a secondary condominium.

Section12B. Persons intending to associate themselves by written agreement of association with intent to form a corporation under chapter 121A of the General Laws for the purpose of undertaking and carrying out under said chapter a project in said Urban Renewal District before so associating themselves, or an insurance company, savings bank or group of savings banks intending to carry out under said chapter a project in said Urban Renewal District before undertaking such project, shall submit to the department and to the mayor an application for its approval of such project and for its consent to the formation of such corporation. Such application shall specify the location of the proposed project, shall state the reasons why the project is necessary or desirable and the uses to which the project is to be put, shall contain, in general terms a description of the buildings, structures or facilities which it is proposed to furnish, and shall be accompanied by a site plan and drawings of the proposed buildings and other improvements adequate to show the nature and extent of the project.

Whenever the department is so asked to approve the formation of such a corporation or the carrying out of a project by an insurance company, savings bank or group of savings banks, it shall, after a public hearing of which reasonable notice shall be given, make such determinations as may be required by the provisions of said chapter 121A, and shall determine whether conditions exist which warrant the carrying out of the proposed project, whether such project is consistent with the terms and requirements of the Land Disposition Agreement as defined in section two of chapter __ of the acts and resolves of 2011, An Act Relative To Urban Redevelopment in the City of Quincy, whether such project is consistent with the urban renewal plan, whether such project would be in any way detrimental to the best interests of the public or the city or to the public safety and convenience, and whether the project will constitute a public use and benefit. If the department finds that the proposed project does not meet the requirements of said chapter 121A, or that conditions warranting the carrying out of the project do not exist, or that the project will not be practicable, or conflicts with the Land Disposition Agreement as defined in section two of chapter __ of the acts and resolves of 2011, An Act Relative To Urban Redevelopment in the City of Quincy, or the urban renewal plan as defined in said section two of, or is detrimental or inconsistent as aforesaid, or will not constitute a public use and benefit, it shall disapprove the project.

The department shall prepare, adopt and make open to public inspection a report approving or disapproving the project and setting forth its reasons for approval or disapproval. If the department disapproves the project, it may suggest changes in the project, or in the plans therefor, which, if adopted, would meet its objections. If the persons intending to associate as aforesaid or an insurance company, savings bank or group of savings banks intending to carry out a project in said Urban Renewal District determine to proceed in accordance with the changes suggested, they shall amend their application accordingly. If the proposed change is not a major one under the Land Disposition Agreement as defined in section two of chapter __ of the acts and resolves of 2011, An Act Relative To Urban Redevelopment in the City of Quincy, the mayor of the City of Quincy and the department may approve or disapprove the application as amended without further hearing or report; otherwise the department shall proceed as if it were a new application.

Whenever the department approves a project, it shall make and embody in its report reasonable rules and regulations setting minimum standards for the financing, construction, maintenance and management of such project in so far as the same are not specified in the application for the approval thereof, and shall submit the report to the mayor. Approval of the project shall not be final until the department receives the mayor’s approval.

As soon as conveniently may be after the mayor of Quincy approves the project, the department shall issue a certificate of the approval of the project and of its consent, if any, to the formation of a corporation to carry it out. An agreement of association to form a corporation for the purposes of carrying out in said Urban Renewal District a project under said chapter 121A shall not be presented to the state secretary for filing, nor shall he file it, unless it is accompanied by such a certificate.

After the approval of a project by the department and the mayor, the corporation, insurance company, savings bank or group of savings banks carrying out such project may apply to the department for leave to change the type and character of the buildings in such project. The department shall transmit to the mayor of the City of Quincy a copy of such application. The department, if it receives a certificate evidencing the approval of the application by the mayor, shall approve such application, and the corporation may act in accordance with such approval. In the event that the change amounts to a major change under the Land Disposition Agreement as defined in section two of chapter __, of the acts and resolves of 2011, An Act Relative To Urban Redevelopment in the City of Quincy, the change must be approved by the mayor and the city council.

When any decision under this or the preceding section becomes final, the department shall file with the city clerk of the City of Quincy a copy of such decision attested by such department with, in cases where approval of such decision by the mayor or city council is required, a copy of such approval likewise attested. Within 30 days after such filing, any person, whether previously a party to the proceeding or not, who is aggrieved by such decision, or any municipal officer or board, may file a petition in the supreme judicial or superior court sitting in Norfolk County for a writ of certiorari against the department to correct errors of law therein and the provisions of section four of chapter two hundred and forty-nine of the General Laws shall apply to said petition except as herein provided with respect to the time for the filing thereof. The remedy provided by this paragraph shall be exclusive.

Section 12C. In said Urban Renewal District, the City of Quincy shall have a lien under chapter 60 of the General Laws for all amounts payable under a contract or agreement executed under section 6A of chapter 121A, and such lien shall continue in effect for three (3) years after the date on which the last installment is due and payable under such contract or agreement.

Payments made by the redeveloper under the provisions of the Land Disposition Agreement as defined in section two of chapter __ of the acts and resolves of 2011, An Act Relative To Urban Redevelopment in the City of Quincy, to the City of Quincy Affordable Housing Trust, so called, shall satisfy any displaced dwelling requirements of section 6 of chapter 121A of the General Laws. Said payments shall be deemed to provide a feasible method of relocation and shall be deemed to establish the existence or availability of dwellings required by section 6 of chapter 121A of the General Laws.

Section 12D. The provisions and requirements of the foregoing Sections 12A, 12B and 12C shall apply in lieu of the provisions and requirements of section 6, section 6B and section 6C of chapter 121A of the General Laws with respect to projects in said Urban Renewal District approved under the Land Disposition Agreement as defined in section two of chapter __ of the acts and resolves of 2011, An Act Relative To Urban Redevelopment in the City of Quincy.”

SECTION 11. Notwithstanding chapter 40Q of the General Laws or any other general or special law to the contrary, the first installment of principal on an issue of bonds or notes issued to pay costs of any project within the Urban Renewal District of the City of Quincy shall be made not later than ten years following the original date of issue of such bonds or notes. Notwithstanding section 17 of chapter 44 of the General Laws or any other general or special law to the contrary, the City of Quincy may issue temporary loans, including temporary loans issued to refund prior temporary loans, in anticipation of the issuance of bonds to pay costs of any project within an Urban Renewal District of the City of Quincy for a period of not more than ten years from the date of issue of the original temporary loan. No part of these temporary loans shall be paid from revenue funds during such ten year period. Notwithstanding any general or special law to the contrary, bonds issued by the City of Quincy to pay costs of any project within an Urban Renewal District of the City of Quincy shall be payable over a term not in excess of 30 years, without regard to the term of any temporary loans issued by the City of Quincy in anticipation of any such bonds.

SECTION 12. Notwithstanding the provisions of sections 6A and 10 of chapter 121A of the General Laws or any other general or special law to the contrary, for projects located within the Urban Renewal District in the City of Quincy, urban renewal corporations organized under chapter 121A of the General Laws shall pay quarterly to the city the amount specified by the formulas set forth in the Land Disposition Agreement. Said formulas shall be considered specific and ascertainable amounts.

The City of Quincy shall provide the department of housing and community development and the division of local services of the department of revenue a copy of the quarterly payments and methodologies employed in the calculation therefore, not more than 30 days after the receipt of such payments.

The 15 year period of exemption from taxation may be terminated by the City of Quincy at the end thereof or in any subsequent year following the expiration thereof, subject to the terms of the Land Disposition Agreement. The terms of this section shall apply to all project components, regardless of funding source.

Personal property of urban renewal corporations organized under chapter 121A of the General Laws located within the Urban Renewal District in the City of Quincy shall not be exempt from taxation.

SECTION 13. Notwithstanding the provisions of sections 22-22E of chapter 40 of the General Laws or any other general or special law to the contrary, the City of Quincy is hereby authorized to apply receipts from the operation of parking facilities constructed in the Urban Renewal District for payments specified in the Land Disposition Agreement. The City of Quincy may lease or sell air rights above city-owned land and discontinued roads and ways in the Urban Renewal District pursuant to the Land Disposition Agreement.

SECTION 14. Notwithstanding any general or special law to the contrary, the following definition of “lot” shall apply to redevelopment activities in the Urban Renewal District in the City of Quincy for purposes of the subdivision control law, sections 81K- 81GG of chapter 41 of the General Laws and in lieu of the definition contained in section 81L of said chapter 41. The following definition shall also apply to any city ordinance or by-law enacted pursuant to the subdivision control law.

“Lot” shall mean an area of land, or space above land, in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings or portions(s) thereof. The term “Lot” shall expressly include the vertical space above the land so as to create air rights parcels.

SECTION 15. Notwithstanding any general or special law to the contrary, for projects in the Urban Renewal District of the City of Quincy, the Land Disposition Agreement shall be a contract and all the provisions of section fourteen of chapter 121A of the General Laws shall apply to that contract. In addition to the specific items set forth in clauses (a) (b) and (c) of the first paragraph in said section fourteen, the contract may obligate the City of Quincy to cause the construction of parking garages by the corporation or its redeveloper and to subsequently acquire them from the corporation or its redeveloper in accordance with the terms of the Land Disposition Agreement. Without limiting the generality of the foregoing, the construction of a project under the Land Disposition Agreement shall not be subject to any provision of law relating to publication or advertising for bids but shall be subject to the provisions of the Land Disposition Agreement and sections 26 to 27F, inclusive, of chapter 149 of the General Laws.

SECTION 16. Notwithstanding any general or special law to the contrary, compliance with the notice requirements pertaining to the execution by the City of Quincy of the Land Disposition Agreement and the procedural requirements pertaining to such execution is deemed to constitute compliance with all notice and procedural requirements of section fifteen 15A of chapter 40 of the General Laws or any other general or special law with regard to the transfer of land held by the City of Quincy from one municipal purpose to another municipal purpose for the city parcels and the land beneath the discontinued roads and ways as part of the urban renewal plan and located within the Urban Renewal District, pursuant to the Land Disposition Agreement or otherwise. Upon the execution by the City of the Land Disposition Agreement, the City of Quincy shall be deemed to hold all such land for urban renewal purposes. Notwithstanding such land being transferred and held for said purposes, until such time as the City of Quincy actually conveys such lands, the City of Quincy is authorized to continue to use such lands for the purposes for which they are used immediately prior to the effective date of this act.

SECTION 17. Notwithstanding any general or special law to the contrary, whenever any successor interest acquires through sale, assignment or transfer any project or portion of a project approved under the Land Disposition Agreement, such successor interest shall retain the powers, rights, privileges, benefits, and exemptions set forth in chapter 121A of the General Laws, and shall be bound by all agreements executed with the City of Quincy pursuant to chapter 121A of the General Laws. Where such successors are unit purchasers in a condominium, the obligations under any contract executed under section 6A of chapter 121A for such project shall be allocated to the individual unit owners in accordance with their percentage interest in the common areas of such condominium and shall be enforced and collected on such basis. Where a corporation executes separate contracts under Section 6A of chapter 121A, as modified by this act, for individual portions of a project, such contract shall be enforceable as against such portion as if a separate corporation in each case executed such a contract. Subject to the provisions of this act, the period of 15 years or such further time as may be provided herein shall be computed from the date of organization of the urban renewal corporation which initiated the project.

SECTION 18. Whenever a project is undertaken pursuant to this act, the City of Quincy shall be authorized to execute and deliver a parking management agreement with the redeveloper for a term not in excess of 30 years, executed and delivered pursuant to the Land Disposition Agreement.

SECTION 19. This act shall take effect upon its passage.