This agreement is entered into pursuant to
Chapter 703 of the Acts of 1962 as amended by Chapter 682 of the Acts
of 1963 by and among the cities of Chelsea, Malden, Melrose, Revere
and Woburn, and the towns of North Reading, Reading, Saugus, Stoneham,
Wakefield, Winchester and Winthrop (or by and among any two or more
of said cities and any two or more of said towns as shall accept said
Chapter 703).
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In consideration of the mutual promises herein
contained, it is hereby agreed as follows:
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SECTION I. The Regional District
School Committee
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(A) Composition. Reference
to Non-Accepting Municipalities
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The
powers and duties of the regional school district shall be vested
in and exercised by a regional district school committee hereinafter
sometimes referred to as the Committee. The Committee shall consist
of one member from each member municipality. Members shall be elected
except as provided in subsection I(B). All members shall serve until
their respective successors are elected and qualified. Any references
in this agreement to any municipality which does not accept the provisions
of Chapter 703 of the Acts of 1962 as amended by Chapter 682 of the
Acts of 1963 shall be deemed to be stricken from this agreement.
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(B) Initial Committee
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Within
ten days after the establishment of the regional school district,
the Mayor of each member city and the moderator of each member town
shall appoint one member to serve on the Committee. Each of the members
so appointed shall have been a member of the regional school district
planning board which submitted this agreement if such a person is
available and willing to serve. The members so appointed shall serve
until their respective successors are elected as provided in subsection
I(C) and qualified.
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(C) Elected Members
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1. At
the next biennial state election (first election held November 1996)
when the District qualifies on the ballot pursuant to state election
law and every fourth year thereafter, members of the Northeast Metropolitan
Regional Vocational School Committee shall be elected by all voters
in said District at district-wide, at-large elections with residency
requirements. One member shall be a resident of each city or town.
The terms of such members shall commence on the third day of January
following their election.
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2. Nominations
for membership on the Committee shall be made in accordance with all
procedures prescribed by Massachusetts General Laws, Chapter 53, section
122 as from time to time amended and other pertinent provisions of
law.
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3. The
names and addresses of the candidates shall be arranged on the ballot
under separate heading according to the city/town in which they reside.
There shall be printed such directions to instruct the voter to vote
for one candidate from each city/town.
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4. The
members of the Committee, incumbent on the effective date of this
provision, shall hold office until their successors have been elected
and qualified at the biennial state election referred to in Section
I(C)1.
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(D) Vacancies
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If
there is a failure to elect or a vacancy occurs among the members
elected by the District, the local school committee members and the
selectmen from the town in which the member is required to reside,
acting jointly, shall appoint a member to serve. If a vacancy occurs
among the members elected by a city, the local school committee members
and the members of the city council from the city involved, acting
jointly, shall appoint a member to serve. The appointee filling such
vacancy shall serve until the next biennial state election at which
election a successor shall be elected to serve for the balance of
the unexpired term, if any.
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(E) Organization
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Upon
acceptance of the Amendment, the regional school district committee
shall designate an individual to serve as district Clerk pursuant
to Massachusetts General Laws, Chapter 71, section 14E.
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Until
the biennial election referred to in Section I(C) is held, the Committee
shall meet on or about April 1 to organize and choose a chairman and
a vice-chairman from amongst its own membership. At the same meeting
or at any other meeting, the Committee shall appoint a treasurer,
secretary, and Clerk who may be members of the Committee, choose such
officers as it deems advisable, determine the terms of office of its
officers (except the chairman and vice-chairman who shall be elected
annually), prescribe the powers and duties of its officers, fix the
time and place for its regular meetings and provide for the calling
of special meetings.
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After
the biennial election referred to in Section I(C), the organizational
meeting shall occur at the first regular meeting in January.
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(F) Powers and Duties
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The
Committee shall have all the powers and duties conferred and imposed
upon it by this agreement and such other additional powers and duties
as are specified in Chapter 703 of the Acts of 1962 and any amendments
thereof or additions thereto now or hereafter enacted, or as may be
specified in any other applicable general or special law.
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(G) Quorum
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The
quorum for the transaction of business shall be a majority of the
Committee, but a number less than the majority may adjourn.
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SECTION II. Type of Regional District
School
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The regional district school shall
be a vocational technical high school consisting of grades nine through
twelve, inclusive. The Committee is also hereby authorized to establish
and maintain state-aided vocational education, acting as trustees
therefor, in accordance with the provisions of Chapter 74 of the General
Laws and acts amendatory thereof, in addition thereto or dependent
thereon.
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SECTION III. Location of the Regional
District School
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The regional district school or
schools shall be located within the geographical limits of the District
and within a radius of five miles from the line where Main Street
intersects the cities of Malden and Melrose.
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SECTION IV. Apportionment and
payment of costs incurred by the District
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(A) Classification
of Costs
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For
the purpose of apportioning assessments levied by the District against
the member municipalities, costs shall be divided into two categories:
capital costs and operating costs.
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(B) Capital Costs
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Capital
costs shall include all expenses in the nature of capital outlay such
as the cost of acquiring land, the cost of constructing, reconstructing,
and adding to buildings, and the cost of remodeling or making extraordinary
repairs to a school building or buildings, including without limitation
the cost of the original equipment and furnishings for such buildings
or additions, plans, architects' and consultants' fees,
grading and other cost incidental to placing school buildings and
additions and related structures and premises in operating condition.
Capital costs shall also include payment of principal of and interest
on bonds, notes or other obligations issued by the District to finance
capital costs.
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(C) Operating Costs
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Operating
costs shall include all costs not included in capital costs as defined
in subsection IV(B), but including interest on temporary notes issued
by the District in anticipation of revenue.
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(D) Apportionment of Capital and
Operating Costs
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Capital
and operating costs for each fiscal year shall be apportioned to the
member municipalities on the basis of their respective pupil enrollments
in the regional district school. Each member municipality's share
of capital and operating costs for each fiscal year shall be determined
by computing the ratio which that municipality's pupil enrollment
in the regional district school on October 1 of the year next preceding
the fiscal year for which the apportionment is determined bears to
the total pupil enrollment from all the member municipalities in the
regional district school on the same date. In the event that enrollment
in the regional district school has not been accomplished by October
1 of any such year, capital and operating cost shall be apportioned
on the basis of enrollment in grades nine through twelve of member
municipality and receiving education at such municipality's expense
on October 1 of such year.
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(E) Times of Payment
of Apportioned Costs
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Each
member municipality shall pay to the District in each year its proportionate
share, certified as provided in subsection V(C), of the capital and
operating costs. Except as otherwise provided in subsection V(A) the
annual share of each member municipality shall be paid in such amounts
at such time that at least the following percentages of such annual
share shall be paid on or before the dates indicated, respectively:
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September 1
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25%
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December 1
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50%
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March 1
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75%
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June 1
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100%
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SECTION V. Budget
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(A) Initial Budget
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Within
sixty days after the initial Committee is organized, it shall prepare
a reasonably detailed operating and maintenance budget covering expenses,
if any, for the balance of the then calendar year. Copies of such
proposed budget shall be submitted to the chairman of the finance
or advisory committee of each member town and to the Mayor of each
member city for their consideration. A budget shall be adopted not
earlier than fourteen days but within twenty-one days after the proposed
budget has been so submitted. The amount of the said budget shall
be apportioned among the member municipalities according to the provisions
of Section IV herein. The regional district treasurer shall certify
to the treasurer of each member municipality its respective share
of said budget. The sums thus certified shall be payable by the member
municipalities to the regional district school committee but only
from funds which may be or may have been appropriated by the member
municipalities for such purpose.
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(B) Tentative Operating
and Maintenance Budget
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Thereafter,
the Committee shall annually prepare a tentative operating and maintenance
budget for the ensuing fiscal year, attaching thereto provision for
any installment of principal or interest to become due in such year
on any bonds or other evidence of indebtedness of the District and
any other capital costs to be apportioned to the member municipalities.
On or before February 15 the said Committee shall submit to the Mayor
of each member city and to the chairman of the finance or advisory
committee of each member town a copy of such tentative operating and
maintenance budget which shall be itemized as follows or be in such
further detail as the Committee may deem advisable:
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1.
Administration
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2.
Instruction Day
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3.
Instruction Special Education
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4.
Other School Services
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5.
Operation and Maintenance
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6.
Fixed Changes - Insurance
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7.
Acquisition and Equipment
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8.
Debt Services
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(C) Final Operating and Maintenance
Budget
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The
Committee shall adopt an annual operating and maintenance budget,
including debt and interest charges and any other current capital
costs as separate items, all in conformity with the provisions of
Massachusetts General Laws, Chapter 71, Section 16B.
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(D) Incurring of Debt
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Not
later than seven days after the date on which the Committee authorizes
the incurring of debt other than temporary debt in anticipation of
revenue to be received from member municipalities, written notice
of the date of said authorization, the sum authorized, and the general
purpose or purposes for authorizing such debt shall be submitted to
the city council of each member city and to the board of selectmen
of each member town.
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SECTION VI. TRANSPORTATION
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School
transportation shall be provided by the regional school district and
the cost thereof shall be apportioned to the member municipalities
as an operating cost.
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SECTION VII. AMENDMENTS
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(A) Limitations
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This
agreement may be amended from time to time in the manner hereinafter
provided, but no amendment shall be made which shall substantially
impair the rights of the holders of any bonds, notes or other obligations
of the District then outstanding, or the rights of the District to
procure the means for payment thereof, provided that nothing in this
section shall prevent the admission of a new municipality or municipalities
to the District and the reapportionment accordingly of capital costs
of the District represented by bonds or notes of the District then
outstanding and of interest thereon.
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(B) Procedure
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Any
proposal for amendment, except a proposal for amendment providing
for the withdrawal of a member municipality (which shall be acted
upon as provided in Section IX), may be initiated by a majority vote
of all the members of the Committee or by a petition signed by at
least 10% of the registered voters of any one of the member municipalities.
In the latter case, the said petition shall contain at the end thereof
a certification by the town or city Clerk of such member municipality
as to the number of registered voters in said municipality according
to its most recent voting list and the number of signatures on the
petition which appear to be the names of registered voters of said
municipality and said petition shall be presented to the secretary
of the Committee. In either case, the secretary of the Committee shall
give notice in writing to the city council of each member city and
to the board of selectmen of each member town that a proposal to amend
this agreement has been made and shall enclose a copy of such proposal
(without the signatures in the case of a proposal by petition). Such
notice shall be given by mailing by registered or certified mail to
the city or town Clerk of each member municipality. The selectmen
of each member town shall include in the warrant for the next annual
or a special town meeting called for the purpose an article stating
the amendment or substance thereof. The city council of each member
city shall vote on the question of accepting the proposal at a regular
or a special meeting of the council within sixty days following receipt
of such notice. Amendments shall take effect upon their acceptance
by at least two thirds of all the member municipalities, acceptance
by each member town to be by a majority vote at a town meeting as
aforesaid and acceptance by each member city to be by a majority vote
of all the members of its city council.
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SECTION VIII. Admission of additional
municipalities to the district
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By an amendment of this agreement
adopted under and in accordance with Section VII above, any other
municipality or municipalities may be admitted to the regional school
district upon adoption as therein provided of such amendment and upon
acceptance by the municipality or municipalities seeking admission
of the agreement as so amended and also upon compliance with such
provisions of law as may be applicable and such terms as may be set
forth in such an amendment.
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SECTION IX. Withdrawal
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(A) Limitations
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The
withdrawal of a member municipality from the District may be effected
by an amendment to this agreement in the manner hereinafter provided
by this section. Any member municipality seeking to withdraw shall,
by vote at an annual or special town meeting in the case of a town
or by vote of the city council in the case of a city, request the
regional district school committee to draw up an amendment to this
agreement setting forth the terms by which such municipality may withdraw
from the District, provided (1) that the municipality seeking to withdraw
shall remain liable for any unpaid operating costs which have been
certified by the regional school district treasurer to the treasurer
of the withdrawing municipality, including the full amount so certified
for the year in which such withdrawal takes effect and (2) that the
said municipality shall remain liable to the District for its share
of the indebtedness of the District outstanding at the time of such
withdrawal, and for interest thereon, to the same extent and in the
same manner as though the municipality had not withdrawn from the
District.
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(B)
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The
Clerk of the municipality seeking to withdraw shall notify the Committee
in writing that such municipality has voted to request the Committee
to prepare an amendment to this agreement (enclosing a certified copy
of such vote). Thereupon the Committee shall draw up an amendment
to this agreement setting forth such terms of withdrawal as it seems
advisable but subject to the limitations contained in subsection VII(A).
The secretary of the Committee shall give notice in writing to the
city council of each member city and to the board of selectmen of
each member town that the Committee has drawn up an amendment to this
agreement providing for the withdrawal of a member municipality (enclosing
a copy of such amendment). Such notice shall be given by mailing by
registered or certified mail to the city or town Clerk of each member
municipality. The selectmen of each member town shall include in the
warrant for the next annual or a special town meeting called for the
purpose an article stating the amendment or substance thereof. The
city council of each member city shall vote on the question of accepting
such amendment at a regular or a special meeting of the council within
sixty days following receipt of such notice. Such amendment shall
take effect upon its acceptance by at least two thirds of all the
member municipalities of which one shall be the member municipality
seeking to withdraw, acceptance by each member town to be by a majority
vote at a town meeting as aforesaid and acceptance by each member
city to be by a majority vote of all the members of its city council.
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(C) Cessation of Term
of Office of Withdrawing Municipality's Member
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Upon
the effective date of withdrawal the term of office of the member
serving on the Committee from the withdrawing municipality shall terminate
and the total membership of the Committee shall be decreased accordingly.
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(D) Payments of Certain
Capital Costs Made by a Withdrawing Municipality
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Money
received by the District from the withdrawing municipality for payment
of funded indebtedness or interest thereon shall be used only for
such purpose and until so used shall be deposited in trust in the
name of the District with a Massachusetts bank or trust company having
a combined capital and surplus of not less than $5,000,000.00.
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(E) Apportionment of
Costs After Withdrawal
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The
withdrawing municipality's annual share of any future installment
of principal and interest on obligations outstanding on the effective
date of its withdrawal shall be fixed at the percentage prevailing
for such municipality at the last annual apportionment made next prior
to the effective date of the withdrawal. The remainder of any such
installment after subtracting the shares of any municipality or municipalities
which have withdrawn shall be apportioned to the remaining member
municipalities in the manner provided in subsection IV (D) or as may
be otherwise provided in the amendment providing for such withdrawal.
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SECTION X. Admission of pupils
residing outside the District
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The Committee may accept for enrollment
in the regional district school pupils from municipalities other than
the member municipalities on a tuition basis. Income received by the
District from tuition pupils shall be deducted from the total operating
costs in the next annual budget to be prepared after the receipt thereof,
prior to apportionment under Section IV to the member municipalities.
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SECTION XI. Advisory Committees
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The regional district school committee
may, to assist it in the construction of any regional school building,
appoint a building committee to advise it with respect to plans, specifications,
appointment of architects, engineers, the letting of contracts, the
supervision of construction, and any other assistance which the regional
district school committee may desire. The members of any such committee
shall serve without compensation.
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SECTION XII. Annual report
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The Committee shall submit an
annual report to each of the member municipalities containing a detailed
financial statement and a statement showing the method by which the
annual charges assessed against each municipality were computed, together
with such additional information relating to the operation and maintenance
of the regional school as may be deemed necessary by the Committee
or by the city council of any member city or by the selectmen of any
member town.
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Amendment No. 1, which included Section V(A) and Section V(B),
as amended by vote of the District School Committee meeting in special
session on November 14, 1973, in accordance with the provisions of
Chapter 1025 of the Acts of 1973.
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Amendment No. 2, which included Section I(C), Section I(C)4,
and Section I(E), as amended by vote of the District School Committee
meeting in regular session on September 12, 1991, in accordance with
the provisions of Section VII of said Agreement, including the ratification
of more than the required two-thirds of the member municipalities.
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Amendment No. 3, which included Section IV(D), Section IV(E),
Section V(B) and Section V(C), as amended by vote of the District
School Committee meeting in regular session on November 14, 1991,
in accordance with the provisions of Section VII of said Agreement,
including the ratification of more than the required two-thirds of
the member municipalities.
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