SENATE DOCKET, NO. 2120        FILED ON: 10/18/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2130

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Therese Murray

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing a lease of a certain parcel of land under the control of the Department of Fish and Game to the Bourne Water District for water distribution purposes.

_______________

PETITION OF:

SENATE DOCKET, NO. 2120        FILED ON: 10/18/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2130

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Eleven

_______________

An Act authorizing a lease of a certain parcel of land under the control of the Department of Fish and Game to the Bourne Water District for water distribution purposes.

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.  Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, on behalf of and in consultation with the commissioner of fish and game and the director of fisheries and wildlife, may lease to the Bourne Water District, for not more than 99 years, a certain parcel of land situated on the Massachusetts Military Reservation and currently under the care and control of the department of fish and game, and described as follows:

Beginning the south-westerly corner of the described parcel, at a point (bound) in

the northerly boundary line of Parcel 2 (as shown on plan book 302 page 55), said

point being North 82° 21' 45" East, 730.59 feet from the north west corner of

Parcel 2,

Thence: North 07° 38' 15" West, 160.00 feet to a point (bound),

Thence: North 82° 21' 45" East, 270.00 feet to a point (bound),

Thence: South 07° 38' 15" East, 160.00 feet to a point (bound) in the northerly

boundary line of above mentioned Parcel 2,

Thence South 82° 21' 45" East, 270.00 feet along the northerly boundary of said

Parcel 2 to the point of beginning.

Parcel 3 contains 43,200 square feet.

   The value of the lease shall be as determined by the commissioner of capital asset management and maintenance pursuant to 1 or more independent professional appraisals.  The lease shall be executed without warranties or representations by the commonwealth.

SECTION 2.  Notwithstanding any general or special law to the contrary, the lease authorized in section 1 shall be for the construction, operation and maintenance of a water pumping station to extract water for Bourne residents from a site designated as WS4.

SECTION 3.  Notwithstanding any general or special law to the contrary, the Bourne Water District shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals, and document preparation related to the lease authorized section 1 as such costs may be determined by the commissioner of capital asset management and maintenance.

SECTION 4.  Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisal required in section 1. The inspector general shall prepare a report of his review of the methodology utilized for the appraisal and shall file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets. The commissioner of capital asset management and maintenance shall, 30 days before the execution of the lease authorized in this act or any subsequent amendment thereto, submit the proposed lease or amendment and a report thereon to the inspector general for review and comment. The inspector general shall issue such review and comment within 15 days after receipt of the proposed lease or amendment. The commissioner shall submit the proposed lease or amendment, and the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets at least 15 days before the execution of the lease.