Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to
authorize forthwith the division of capital planning and operations to convey a
certain
parcel of land in the town of Clinton,
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 the division of capital planning and
operations, in consultation with the metropolitan district commission, is
hereby
authorized, notwithstanding the provisions of section 40H
of chapter 7 of the General Laws, to convey for recreation, open space and
education purposes by deed, a
certain parcel of land located in the town of Clinton, as shown on a plan on
file with the metropolitan district commission sheets 16 and 17 of a set of
plans entitled "Commonwealth of Massachusetts, Metropolitan Water Works,
Wachusett
Reservoir-Land Surveys", which plans are
Accession
#s 3953 and 3954, to the town
of Clinton
subject to such terms and conditions as the commissioner may prescribe.
SECTION 2.
The sale price to be paid by said town of Clinton for the
parcel described in section 1
shall be the full and fair market value of the property as determined by
independent appraisal, for its use as described herein. The inspector general
shall review and approve said appraisal and said review shall include an
examination of the methodology utilized for said appraisal. The inspector
general shall prepare a report of his review and shall file said report with
the
commissioner for submission to the chairmen of the house and senate committees
on ways and
means
and the joint committee on state administration in accordance
with
section 5.
SECTION 3.
The town of Clinton, or its designee, shall be responsible
for all costs for appraisals, surveys and other expenses relating to the
transfer of said parcel, and for any costs and liabilities and expenses of any
nature and kind for the ownership, development, maintenance and operation of
said parcel. In the event said parcel of land ceases to be used at any time
for
the purposes
contained herein, or is used for any purpose other than the purpose stated
herein, said parcel of land, upon notice by the commissioner of the division of
capital planning and operations, shall revert to the care and control of
the commonwealth through the division of capital planning and operations and
the metropolitan district commission and any further disposition of
said parcel shall be subject to sections 40E to 40J,
inclusive, of chapter 7 of the General Laws.
SECTION 4.
The sale price paid pursuant to section 2 shall be
deposited in the General Fund of the commonwealth.
SECTION 5.
The commissioner shall, 30 days prior to the execution
of any agreement authorized by this act or any subsequent amendment thereto,
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 subsequent amendment thereto,
and the reports together with the comments, if any, of the inspector general,
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 prior to the execution of said
agreement.
Approved November 26, 1997.