[HISTORY: Adopted 5-7-1970. Amended through 1-27-1977]
This agreement is entered into pursuant to Chapter 71 of the General Laws of Massachusetts, as amended, among the Towns of Barnstable, Brewster, Chatham, Dennis, Eastham, Harwich, Orleans, Provincetown, Truro, Wellfleet and Yarmouth, Massachusetts, hereinafter sometimes referred to as member town's, said district to be called Cape Cod Regional Technical High School District. In consideration of the mutual promises herein contained, it is hereby agreed as follows:
(A) 
Composition. 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 two (2) members from each member town. Except as otherwise provided in Subsection I(B), all members shall be appointed as provided in Subsection I(C).
(B) 
Interim School Committee. Within ten (10) days after the establishment of the district, the moderator of each member town shall appoint two (2) members to the Committee. These members shall have been members of the Regional School District Planning Board which submitted this agreement, if such persons are available and willing to serve. The members so appointed shall serve until their successors are appointed and qualified as provided in Subsection I(C).
(C) 
School Committee. Within ten (10) days following the annual town meeting next following the establishment of the district, the moderator of each member town shall appoint one (1) member to serve for one (1) year and one (1) member to serve for three (3) years. Thereafter, 'in every year in which the term of office of a member expires, the moderator of each member town shall, within ten (10) days following the annual town election, appoint one (1) member to serve for a term of three (3) years. The term of office of appointed members shall commence with the first Committee meeting following their appointment and shall continue until their respective successors are appointed and qualified.
(D) 
Vacancies. If a vacancy occurs among the members of the Committee, the moderator of the town involved shall within ten (10) days appoint a member to serve for the balance of the unexpired term.
(E) 
Organization. Annually upon the appointment and qualification of its members, the Committee shall organize and choose by ballot a Chairman and Vice Chairman from its own membership. At the same meeting or at any other meeting, the Committee shall appoint a Treasurer and Secretary, who may be the same person, but who need not be a member of the Committee, choose such other officers as it deems advisable, determine the terms of office of its officers (except the Chairman and Vice-Chairman, who shall be elected annually, as provided above) and prescribe the powers and duties of any of its officers, fix the time and place for its regular meetings and provide for the calling of special meetings.
(F) 
Quorum. The quorum for the transaction of business shall be a majority of the full membership of the Committee, but a number less than the majority may adjourn.
The regional district school shall be located within the geographical limits of the district and within a radius of six (6) miles from the intersection of Route 6 and Route 124.
The regional school district shall be a coeducational vocational technical high school consisting of facilities to serve the needs of grades nine (9) through twelve (12) inclusive. The Committee is hereby authorized to establish and maintain such kinds of education, acting as trustees therefor, as may be provided by towns under the provisions of Chapter 74 of the General Laws and acts amendatory thereof, in addition thereto or dependent thereon, including courses beyond the secondary school level in accordance with the provisions of MGL C. 74, § 37A.
(A) 
Classification of costs. For the purpose of apportioning assessments levied by the district against the member towns, costs shall be divided into two (2) categories: capital costs and operating costs.
(B) 
Capital costs. Capital costs shall include all expenses in the nature of capital outlay, such as the cost of acquiring land, the cost of constructing, reconstructing or adding to a school building or buildings, the cost of remodeling or making extraordinary repairs to a school building or buildings, the cost of constructing sewage systems and sewage treatment and disposal facilities or the cost of the purchase or use of such systems with a municipality, and any other item of capital outlay for which a regional school district may be authorized to borrow, including, without limitation, the cost of original equipment and furnishings for such school buildings or additions, plans, architect's and consultant's fees, grading and other costs incidental to placing school buildings and additions, sewage systems and sewage treatment and disposal facilities, and any premises related to the foregoing, 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.
(C) 
Operating costs. 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 revenues.
(D) 
Apportionment of capital costs. Capital costs shall be apportioned to the member towns annually for the ensuing fiscal year in the following manner. Each member town's share of capital costs for each fiscal year shall be determined by computing the ratio which that town's pupil enrollment in the regional district school on October 1 of the year next preceding the year for which the apportionment is determined, or, if larger, one percent (1%) of the total pupil enrollment in grades nine (9) through twelve (12) residing in said town and receiving education at that town's expense on said date [rounded off to the nearest whole number, but never less than one (1)], bears to the total pupil enrollment in the regional district school from all the member towns on said date, provided that in computing the foregoing, the total pupil enrollment in the regional district school from all the member towns on said date shall be deemed to be the total pupil enrollment in said school plus, if applicable, a number equal to the difference between said one percent (1%) as so computed and each said member town's actual pupil enrollment in said school. For the purpose of this subsection, in computing this apportionment, the "persons" referred to in Subsection IV(F) shall not be included. Notwithstanding the foregoing, in the event that there is no enrollment in the regional district school on October 1 of any such year, capital cost apportionments to each member town shall be determined by computing the ratio which each town's enrollment in grades nine (9) through twelve (12) of pupils resident in said town and receiving education at that town's expense on said date bears to the total enrollment of grades nine (9) through twelve (12) of all the member towns on said date.
(E) 
Apportionment of operating costs. All operating costs, except those described in Subsection IV(F), shall be apportioned to the member towns annually for the ensuing fiscal year in the following manner. Each member town's share of operating costs for each fiscal year shall be determined by computing the ratio which that town's pupil enrollment in the regional district school on October 1 of the year next preceding the year for which the apportionment is determined, or, if larger, one percent (1%) of the total pupil enrollment in grades nine (9) through twelve (12) residing in said town and receiving education at that town's expense on said date [rounded off the the nearest whole number, but never less than one (1)] bears to the total pupil enrollment in the regional district school from all the member towns on said date, provided that in computing the foregoing the total pupil enrollment in the regional district school from all the member towns on said date shall be deemed to be the total pupil enrollment in said school plus, if applicable, a number equal to the difference between said one percent (1%) as so computed and each said member town's actual pupil enrollment in said school. For the purpose of this subsection, in computing this apportionment, the "persons" referred to in Subsection IV(F) shall not be included. Notwithstanding the foregoing, in the event that there is no enrollment in the regional district school on October 1 of any such year, operating cost apportionments to each member town shall be determined by computing the ratio which each town's enrollment in grades nine (9) through twelve (12) of pupils residing in said town and receiving education at that town's expense on said date bears to the total enrollment of grades nine (9) through twelve (12) of all the member towns on said date.
(F) 
Special operating costs. The Committee shall determine the operating costs for each calendar year of any evening trade extension courses or any other types of courses which are offered by the district to persons other than the pupils attending the regular day regional vocational school. Each member town's share of such operating costs shall be determined by computing the ratio which that town's enrollment of pupil hours in such courses on November 1 of the year preceding the year for which the apportionment is determined bears to the total enrollment of pupil hours in such courses from all the member towns on the same date. Notwithstanding the foregoing, in the event that enrollment of pupil hours in such courses has not been accomplished by November 1 of any year, such operating costs shall be apportioned on the basis of enrollment in grades nine (9) through twelve (12) of pupils residing in each member town and receiving education at such town's expense on October 1 of such year.
(G) 
Times of payment of apportioned costs. Each member town shall pay to the district in each year its proportionate share, certified as provided in Section VI of the capital and operating costs. The annual share of each member town shall be paid in such amounts and at such times that at least the following percentages of such annual share shall have been paid on or before the dates indicated, respectively:
Date Due
Annual Share Due
(percent)
August 1
30
November 1
60
February 1
80
May 1
100
The incurring of indebtedness by the district shall be approved by the registered voters in the member towns pursuant to MGL C. 71, § 16(n). Indebtedness shall not be subject to disapproval by each member town, as provided in MGL C. 71, § 16(d).
Initial budget. Within sixty (60) days after the Regional School 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. A copy of such proposed budget shall be submitted to the Chairman of the Finance or Advisory Committee of each member town or, if there is no Finance or Advisory Committee in a member town, to the Chairman of the Board of Selectmen, for its consideration. A budget shall be adopted not earlier than fourteen (14) days but within twenty-one (21) days after the proposed budget has been so submitted. The amount of said budget shall be apportioned among the member towns according to the provisions of Section IV herein. The Regional District Treasurer shall certify to the Treasurer of each member town its respective share of said budget. The sums thus certified shall be payable by each member town to the Regional District School Committee, but only from funds which may be or may have been appropriated by each member town for such purpose.
Regular budget. The Committee shall determine the amounts necessary to be raised to maintain and operate the regional school during the ensuing fiscal year and the amount required for payment of debt and interest incurred by the district which will be due in said year and shall prepare a tentative operating budget and submit copies to the Finance or Advisory Committee of each member town for its consideration not less than thirty (30) days prior to the date on which the Committee adopts its final budget for the ensuing fiscal year or, if there is no Finance or Advisory Committee in a member town, to the Chairman of the Board of Selectmen of such town. The Committee shall adopt an annual maintenance and operating budget on or before the latest date therefor permitted by law, but in no event later than March 31 for the next fiscal year, including debt and interest charges and any other capital costs as separate items. Said Committee shall apportion the same in accordance with the provisions of Section IV, as amended. The amount so apportioned for each town shall, within fifteen (15) days from the date of adoption of the annual maintenance and operating budget, be certified by the District Treasurer to the Treasurers of the member towns, and each town shall appropriate the amounts so certified.
School transportation shall be provided by the Regional School District, and the cost thereof shall be apportioned to the member towns as an operating cost.
(A) 
Limitation. This agreement may be amended from time to time in the manner hereinafter provided, but no such amendment shall be made which shall substantially impair the rights of the holders of any bonds or notes or other evidences of indebtedness 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 town or towns to the district and the reapportionment accordingly of the capital costs of the district represented by bonds or notes of the district previously paid or then outstanding and of interest thereon.
(B) 
Procedure. Any proposal for amendment, except a proposal for amendment providing for the withdrawal of a member town (which shall be acted upon as provided in Section X), may be initiated by a majority vote of all the members of the Committee or by a petition signed by at least ten percent (10%) of the registered voters of any one (1) of the member towns. In the latter case, said petition shall contain at the end thereof a certification by the Town Clerk of such member town as to the number of registered voters in said town according to the most recent voting list and the number of signatures on the petition which appear to be the names of registered voters of said town, and the petition shall be presented to the Secretary of the Committee; in either case, the Secretary of the Committee shall mail or deliver a notice, in writing, to the Board of Selectmen of each of the member towns 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). 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 proposal or the substance thereof. Such amendment shall take effect upon its acceptance by all the member towns, acceptance by each town to be by a majority vote at a Town Meeting as aforesaid.
By an amendment of this agreement adopted under and in accordance with Section VIII above, any other town or towns may be admitted to the Regional School District upon adoption as therein provided of such amendment and upon acceptance by the town or towns 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 amendment.
(A) 
Limitations. The withdrawal of a member town from the district may be affected by an amendment to this agreement in the manner hereinafter provided in this section. Any member town seeking to withdraw shall, by a majority vote at an Annual or a Special Town Meeting, request the Committee to draw up an amendment to this agreement setting forth the terms by which such town may withdraw from the district, provided that the said town shall remain liable to the district for its share of the indebtedness, other than temporary indebtedness in anticipation of revenue, 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 town has not withdrawn from the district.
(B) 
Procedure. The Clerk of the town seeking to withdraw shall notify the Committee, in writing, that such town has voted to request the Committee to draw up an amendment to the agreement (enclosing a certified copy of such vote). Thereupon, the Committee shall draw up an amendment to the agreement setting forth such terms of withdrawal as it deems advisable, subject to the limitation contained in Subsection VIII(A). The Secretary of the Committee shall mail or deliver a notice, in writing, to the Board of Selectmen of each member town that the Committee has drawn up an amendment to the agreement providing for the withdrawl of a member town (enclosing a copy of such amendment). 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 the substance thereof. Such amendment shall take effect upon its acceptance by all of the member towns, acceptance by each town to be a majority vote at a town meeting as aforesaid. Money received by the district from the withdrawing town for payment of funded indebtedness or interest thereon shall be used for this purpose only and until so used shall be deposited in trust in the name of the district with a bank or trust company having its principal office in Massachusetts having a combined capital and surplus of not less than five million dollars ($5,000,000.).
(C) 
Cessation of terms of office of withdrawing town's members. Upon the effective date of withdrawal, the terms of office of all members serving on the Regional District School Committee from the withdrawing town shall terminate, and the total membership of the Committee shall be decreased accordingly.
(D) 
Apportionment of capital costs after withdrawal. The withdrawing town'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 average of such town's previous annual apportionment made prior to the effective date of the withdrawal. The remainder of any such installment, after subtracting the share of any town or towns which have withdrawn, shall be apportioned to the remaining member town or towns in the manner provided in Subsection IV(D) or as may be otherwise provided in the amendment providing for such withdrawal.
The Committee may accept for enrollment in the regional district school pupils from towns other than member towns on a tuition basis. Income received by the district from tuition pupils and not previously deducted from operating costs shall be deducted from the total operating costs in the next annual budget to be prepared after the receipt thereof, prior to apportionment under Subsection IV(E) to the member towns.
The fiscal year or period of the District shall be the same as the fiscal period of the member towns as provided by law, and the word year or fiscal year, as it relates in this agreement to a fiscal or budget year, shall mean the fiscal year of the district.
This section shall be effective only to the extent that Chapter 849 of the Acts of 1969, as amended, shall be in effect.
IN WITNESS WHEREOF, this agreement has been executed as of this seventh day of May, 1970. Barnstable, Brewster, Chatham, Dennis, Eastham, Harwich, Orleans, Provincetown, Truro, Wellfleet and Yarmouth Regional Vocational School District Planning Board.