HOUSE DOCKET, NO. 4822        FILED ON: 5/25/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4390

The Commonwealth of Massachusetts

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PRESENTED BY:

Peter V. Kocot

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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 relating to land in Northampton.

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PETITION OF:

HOUSE DOCKET, NO. 4822        FILED ON: 5/25/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4390

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relating to land in Northampton.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to  forthwith authorize the transfer of certain parcels of land in the city of Northampton, 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.   Section 15 of chapter 86 of the acts of 1994 is hereby amended by striking out the first two paragraphs and inserting the following in place thereof:-

The commissioner of the division of capital asset management and maintenance is hereby authorized to convey by release deed to the city of Northampton, in the name and on behalf of the commonwealth, one or more parcels of land located in the city of Northampton, hereinafter referred to as “the parcels”, for the purpose of providing affordable housing.  The city of Northampton shall be authorized to convey any or all of the parcels to one or more non-profit entity or entities whose mission is the construction of affordable housing.  Such conveyance shall comply with the provisions of section sixteen of chapter thirty B, the Uniform Procurement Act, and such other procurement laws that may be applicable. 

In the event that any of the parcels conveyed to the city pursuant to this section are not used for the purposes described in this act on or before December 31, 2021, title to such parcel or parcels shall revert to the commonwealth upon notice by the commissioner of capital asset management and maintenance.   If the city of Northampton conveys one or more of the parcels in accordance with the preceding paragraph and its grantee fails to use such parcel or parcels for the purposes set forth in this act within three years of the conveyance or ceases to use any of the parcels for such purposes, title to such parcel or parcels shall revert to the city of Northampton and may be reconveyed in accordance with this act.

SECTION 2.    Said section 2 is hereby further amended by striking out the last paragraph and inserting the following in place thereof:-

For further reference, see a plan entitled “89 WIBI Northampton Housing Authority” dated November sixteenth, nineteen hundred and eighty-nine and prepared by TWM Northeast E.J. Flynn Engineers, Inc.  The precise configuration shall be described in a land survey to be prepared by the city of Northampton.  The city of Northampton shall be responsible for costs and expenses including, but not limited to, costs associated with deed preparation and recording fees related to the conveyance of the parcel or parcels to the city as may be determined by the commissioner.  The city of Northampton or its grantee or grantees shall assume the cost of appraisals, surveys and other expenses associated with the development of affordable housing as provided in the preceding paragraph. 

In the event that the city of Northampton by majority vote of its city council, does not elect to purchase all of the parcels on or before December 31, 2017, or in the event that title to any of the parcels reverts to the commonwealth, then, notwithstanding sections 33 to 38, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner may sell, lease for terms up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in said parcel or parcels on such terms and conditions that the commissioner considers appropriate.  The commissioner shall dispose of said parcel or parcels using appropriate competitive bidding processes and procedures. At least 30 days before the date on which bids, proposals or other offers to purchase or lease a parcel or parcels are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of the property, the nature of the competitive bidding process and other information that the commissioner considers relevant, including the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals.

SECTION 3.   Said chapter 86 is hereby further amended by striking out section 16 and inserting the following in place thereof:-

SECTION 16.  The commissioner of the division of capital asset management and maintenance is hereby authorized to convey by deed, to the city of Northampton a parcel of land located at 91 Grove street. Said parcel is to be used by the city or its assigns for the purpose of providing an emergency shelter for the homeless.  Said parcel contains approximately one acre of land, the precise configuration of which may  be determined in a survey.    Conveyance of said parcel shall be without consideration and shall not be subject to the provisions of chapter seven of the General Laws.  The city of Northampton shall be responsible for costs and expenses including, but not limited to, costs associated with deed preparation and recording fees related to the conveyance of the parcel to the city as may be determined by the commissioner. 

Upon the conveyance of said parcel to the city of Northampton, the city of Northampton is authorized to reconvey said parcel to a non-profit operator of such emergency shelter for the homeless provided that the deed shall contain a provision by which title to such parcel or parcels shall revert to the city of Northampton if its grantee ceases to operate an emergency shelter for the homeless.  Upon reversion, the city of Northampton may reconvey such parcel to a non-profit operator of the emergency shelter for the homeless or for affordable housing for the homeless, the formerly homeless and/or for those at risk of homelessness in accordance with this act.