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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO EXCHANGE CERTAIN PARCELS OF LAND WITH THE CITY OF 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 2 paragraphs and inserting in place thereof the following 2 paragraphs:-
     The commissioner of capital asset management and maintenance may convey by release deed to the city of Northampton certain parcels of land located in the city of Northampton to provide for affordable housing.  The city of Northampton may then convey any or all of the parcels to nonprofit entities whose mission is to construct affordable housing; provided, however, that any such conveyance shall comply with section 16 of chapter 30B of the General Laws and all other applicable procurement laws. 
     If any of the parcels conveyed to the city pursuant to this section are not used to provide affordable housing on or before December 31, 2021, title to that parcel shall revert to the commonwealth upon notice by the commissioner of capital asset management and maintenance.  If the city of Northampton conveys any of the parcels in accordance with the preceding paragraph and the grantee fails to use the parcel for the purposes set forth in this section within 3 years after the conveyance or ceases to use any of the parcels for such purposes, title to that parcel shall revert to the city of Northampton. Upon reversion, the city may again convey that parcel in accordance with this section.
     SECTION 2.  Said section 15 of said chapter 86 is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
     For further reference, see a plan entitled “89 WIBI Northampton Housing Authority”, dated November 16, 1989 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 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 this section. 
     Notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, if 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 title to any of the parcels reverts to the commonwealth, the commissioner may then 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 any of those parcels on such terms and conditions that the commissioner considers appropriate; provided, however, that the commissioner shall dispose of the 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 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.  Section 16 of said chapter 86 is hereby amended by adding the following paragraph:-
     Upon the conveyance of the parcel to the city of Northampton, the city of Northampton may then convey the parcel to a non-profit operator of an emergency shelter for the homeless; provided, that the deed shall contain a provision by which title to the parcel shall revert to the city of Northampton if the grantee ceases to operate an emergency shelter for the homeless.  Upon reversion, the city of Northampton may again convey the parcel to a non-profit operator of an emergency shelter for the homeless or for affordable housing for the homeless, the formerly homeless or those at risk of homelessness, in accordance with this section.

Approved, August 12, 2016