SENATE, No. 22

By Mr. Moore, a petition (accompanied by bill, Senate, No. 22) of Richard T. Moore and Paul Kujawski (by vote of the town) for legislation relative to the emergency acquisition of property in the town of Uxbridge for school and general municipal purposes. Municipalities and Regional Government. {Local approval received.}

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT RELATIVE TO THE EMERGENCY ACQUISITION OF PROPERTY IN THE TOWN OF UXBRIDGE FOR SCHOOL AND GENERAL MUNICIPAL 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.

Purpose. 

Whereas, Uxbridge High School has been placed on probation regarding its accreditation by the New England Association of Schools and Colleges due, in part, because of serious deficiencies in available classroom space, and

Whereas, Uxbridge is unable to resolve the space problems until the end of the school building moratorium until July 1, 2007 that was legislatively imposed by the Governor and the General Court, and

Whereas, the Uxbridge School Administration, School Committee, Finance Committee, and Board of Selectmen have voted in favor of a short term space solution plan, as requested by the accrediting agency, to relocate the school district central administration and early childhood center from the high school in order to create additional short-term learning space; and

Whereas, it is critical that this relocation take place for the 2005-2006 academic year; and

Whereas, the town has an opportunity to acquire a building and land that would be made suitable for school and community use within the allowable timetable if the Commonwealth is willing to provide emergency exemption from certain requirements of the public construction statutes, it is declared that emergency conditions exist that warrant consideration by the General Court.

Section 2.

Notwithstanding the provisions of any general or special law to the contrary, the town of Uxbridge, acting by and through its board of selectmen, is hereby authorized to purchase the property, including the land and building thereon, located at 660 Douglas Street in the town of Uxbridge, owned by AC Tech, a domestic corporation, Allen E. Ottoson, President, or his successors or assigns (hereinafter known as the seller), and identified on the town assessor’s map 27, lot 3231. Said property shall be used by the town for the short-term school space project, so-called. Said purchase shall be subject to the provisions of section 16 of chapter 30B of the General Laws.  The amount of consideration for the sale of the property shall be informed by an independent appraisal of the property.  The Office of the Inspector General of the Commonwealth 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 town of Uxbridge.  The agreement to purchase the aforementioned building by said town may provide that the seller shall be responsible, prior to any sale, for the construction, reconstruction, alteration, remodeling, and repair of said building and grounds, including any design services required for the building and grounds necessary to meet the town's purposes as determined by the selectmen for the use of said property by the town as authorized by this act, provided, however, that the agreement to purchase shall also provide for a reserve of five percent of the estimated project work or purchase of project materials, or combination thereof, for minority-owned businesses, five percent for women-owned businesses, and three percent for veteran-owned businesses as defined in Section 40N of chapter 7 of the General Laws.  The provisions of sections 26 to 27 H, inclusive and section 44A ½ of chapter 149 of the General Laws shall apply to any contract for the construction, reconstruction, alteration, remodeling, and repair of the property at 660 Douglas Street in the town of Uxbridge entered into by the seller prior to the sale of said property, or during the term of any lease or leases, authorized herein to said town.

Section 3.         This Act shall take effect upon passage.