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  • Acts
  • 2002
  • Chapter 125 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF WEST BOYLSTON.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the division of capital asset management and maintenance to convey a certain parcel of land in the town of West Boylston, 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 shall, notwithstanding the provisions of sections 40F½, 40H, and 40I of chapter 7 of the General Laws or any other general or special law to the contrary, convey by deed, title to a certain parcel of land and any improvements and structures located thereon, formerly owned by Worcester county in the town of West Boylston and, as more particularly described below, to the town of West Boylston for municipal services, including parks and recreational uses, and for the operation and use of the West Boylston municipal lighting plant.

The parcel of land was conveyed to the commonwealth under section 7 of chapter 48 of the acts of 1997 and consists of approximately 61 acres shown as Lots A, B and C on a plan of land entitled "Plan of Land in West Boylston Owned by the Commonwealth of Massachusetts", which plan is on file in the office of the West Boylston town clerk. Lot B, shown on the plan shall be for the use of the town of West Boylston for municipal services, including parks and recreational uses, and Lots A and C, shown on the plan, shall be for the operations and use of the West Boylston municipal lighting plant and its successors. Lots A, B and C as shown on the plan shall be excluded from the requirements of chapter 40A and sections 81L to 81Z, inclusive, of chapter 41 of the General Laws and the register of deeds of Worcester county may accept the plan for recording without endorsement by the planning board of West Boylston.

Minor modifications to the property description set forth above may be made, subject to the approval of the commissioner of capital asset management and maintenance and the inspector general, in order to conform to a completed professional land survey.

SECTION 2. Notwithstanding any other general or special law to the contrary, the West Boylston municipal lighting plant shall pay the cost of any appraisals, surveys and other expenses relating to the transfer of the property and shall pay the sale price set forth in section 3 on behalf of the town. If any of the property shown on the plan ceases to be used for the purposes contained in this act, or is used for any purpose other than the purposes stated in this act, the property, upon notice from the commissioner of capital asset management and maintenance, shall revert to the care and control of the commonwealth through the division of capital asset management and maintenance.

SECTION 3. The sale price to be paid by the West Boylston municipal lighting plant on behalf of the town of West Boylston, for the parcel described in section 1 shall be the full and fair market value of the property as determined by independent appraisal for the uses described in this act. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of his review and file the report with the commissioner of capital asset management and maintenance for submission to the chairmen of the house and senate committees on ways and means, and to the joint committee on state administration under section 5. The West Boylston municipal lighting plant shall have 90 days from the date of receipt of notification of the fair market value of the property to notify the commissioner of capital asset management and maintenance that it has decided to pay the purchase price as set forth in this act and the conveyance of the property and the purchase price paid shall be made no later than 120 days following the date on which the commissioner of capital asset management and maintenance is notified of the decision to purchase the property.

SECTION 4. The sale price paid under section 3 shall be deposited in the General Fund.

SECTION 5. The commissioner of capital asset management and maintenance shall, 30 days before the execution of any agreement authorized by this act or any amendment to that agreement, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any amendments, the report and the comments of the inspector general, if any, to the chairmen of the house and senate committees on ways and means and to the joint committee on state administration at least 15 days before the execution of the agreement.

Approved May 23, 2002.