Page images
PDF
EPUB

whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in sections 243 to 259, inclusive. The resolution authorizing the bonds of any issue or any trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purpose hereof, subject to such regulations as sections 243 to 259, inclusive, and such resolution or trust agreement may provide. (1951, ch. 405, sec. 1.)

SEC. 252. REMEDIES.-Any holder of bonds issued under the provisions of sections 243 to 259, inclusive, or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the State or granted hereunder or under such trust agreement or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by sections 243 to 259, inclusive, or by such trust agreement or resolution to be performed by the authority or by any officer thereof. (1951, ch. 405, sec. 1.)

SEC. 253. REVENUE REFUNDING BONDS.-The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of sections 243 to 259, inclusive, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds; and, if deemed advisable by the authority, for the additional purpose of constructing enlargements, extensions or improvements of the project or projects in connection with which the bonds to be refunded shall have been issued or constructing or acquiring any additional project or projects. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the authority in respect of the same shall be governed by the provisions of sections 243 to 259, inclusive, in so far as the same may be applicable. (1951, ch. 405, sec. 1.)

SEC. 254. TRANSFER TO TOWNS.-When the bonds issued under the provisions of sections 243 to 259, inclusive, in connection with any project and the interest thereon shall have been paid or a sufficient amount for the payment of such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, such project shall be conveyed by the authority to the lessee town or community school district. (1951, ch. 405, sec. 1.)

SEC. 255. PRELIMINARY EXPENSES.-The board is authorized in its discretion and with the approval of the authority to expend out of any funds available for the purpose, such moneys as may be necessary for any preliminary expenses of the authority, including architectural and other services, and all such expenses incurred by the board prior to the issuance of revenue bonds under the provisions of sections 243 to 259, inclusive, shall be paid by the board and charged to the appropriate project or projects and the board shall keep proper records of accounts showing each amount so charged. Upon the issuance of revenue bonds for any project or projects, the funds so expended by the board in connection with such project or projects shall be reimbursed to the board from the proceeds of such bonds. (1951, ch. 405, sec. 1.)

SEC. 256. BONDS ELIGIBLE FOR INVESTMENT.-Revenue bonds and revenue refunding bonds issued under the provisions of sections 243 to 159, inclusive, are made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, trust companies and their commercial departments, banking associations, investment companies, saving banks, executors, trustees and other fiduciaries, and all other persons who are now or may hereafter be authorized to invest in bonds or other obligations of a similar nature, may properly and legally invest funds, including pension and retirement funds or capital under their control or belonging to them. Such bonds are made securities which may properly and legally be deposited with and received by any State or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds may be authorized by law. (1951, ch. 405, sec. 1.)

SEC. 257. ADDITIONAL METHOD.-Section 243 to 256, inclusive, shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of

any powers now existing: Provided, however, That the issuance of revenue bonds or revenue refunding bonds under the provisions of sections 243 to 259, inclusive, need not comply with the requirements of any other law applicable to the issuance of bonds. (1951, ch. 405, sec. 1.)

SEC. 258. LIBERALLY CONSTRUED.-The provisions of sections 243 to 259, inclusive, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes thereof. (1951, ch. 405, sec. 1.)

SEC. 259. EXEMPTION FROM TAXATION.-As the exercise of the powers granted by sections 243 to 259, inclusive, will be in all respects for the benefit of the people of the State and for the improvement of their educational facilities, and as projects constructed under the provisions of said sections constitute public property, the authority shall not be required to pay any taxes or assessments upon any of its property or any project or any part thereof, or upon the income herefrom, and any bonds issued under the provisions of sections 243 to 259, inclusive, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the State. (1951, ch. 405, sec. 1.)

AMENDMENTS TO MAINE SCHOOL BUILDING AUTHORITY ACT

[Ch. 352, Public Laws 1953]

MEMBERSHIP ON THE MAINE SCHOOL BUILDING AUTHORITY

R. S., ch. 37, section 215, third sentence amended

The Maine School Building authority shall consist of 7 members, including the governor, the commissioner of education, 1 member of the committee on education to be appointed by the president of the senate, and 1 member of the State board of education to be appointed by the governor, to serve during their incumbency in said offices, and 3 members at large appointed by the governor for terms of 3, 4, and 5 years respectively, to hold offices as follows: 1 until the completion of the third full fiscal year following his appointment; 1 until the completion of the fourth such full fiscal year and 1 until the completion of the fifth such full fiscal year.

[Ch. 290, Public Laws 19531

MAINE SCHOOL BUILDING AUTHORITY

R. S., ch. 37, sections 215, 217, 218, 219, amended

Section 215, last paragraph amended:

All members of the authority shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties and all members, except the governor and the commissioner of education, shall receive, in addition, $10 per day for services actually rendered.

Section 217, subsection V, amended:

V. To construct or acquire, extend, enlarge, repair or improve school projects at such locations within the State as may be determined by the authority, when the superintending school committee of any town or the community school committee of a community school district has certified the need therefor to the municipal officers of such town or the trustees of such community school district together with their recommendation for the procurement of new, additional or different public school buildings, and such recommendation has been approved by such municipal officers or trustees, and by the State board of education. Section 217, subsection X, sentence added:

The power of eminent domain conferred on the authority is restricted to 25 acres for any 1 project and the authority in exercising its right of eminent domain shall be governed by the provisions of sections 12 to 22, inclusive, of chapter 48.

Section 217, subsection XIII, paragraph added:

Whenever any funds are available for general distribution for school construction, including projects not financed by the authority, the authority is authorized to receive such funds, and if not inconsistent with the grant of said funds, to disburse the moneys thus received according to the following:

The total potential allocation for any approved school project in any city, town. unorganized unit or school district shall be from 15 to 50 percent of the approved

cost of such project and determined by computing one-fourth of the approved cost of the project multiplied by the State valuation per pupil in the State divided by the valuation per resident pupil as reported in the latest annual report required under the provisions of section 63.

The total potential allocation for any approved school project in any community school district shall be from 15 to 50 percent of the approved cost of such project and determined by computing one-third of the approved cost of the project multiplied by the State valuation per pupil in the State divided by the valuation per resident pupil in participating towns comprising such district. Approved cost as used above shall mean the cost of the project as estimated by the authority.

The authority is empowered to make an additional grant to municipalities, school districts and community school districts extending school opportunities to children living in unorganized territory by adding to the grant as determined above the percentage thereof ascertained by dividing the number of pupils enrolled from unorganized territory on April 1 preceding by the total enrollment reported in the latest annual report required under the provisions of section 63.

The authority shall certify, not later than June 30 of each year, to the controller, and the treasurer of State shall pay to the several cities, towns, school districts, and community school districts, that percentage of the total allocations previously established, which will distribute equitably and with due regard to local financing exigencies the funds available.

SEC. 218. CONTRACTS WITH TOWNS. The authority may authorize any town or community school district, subject to the supervision and approval of the authority, to design and construct any project and to acquire necessary land, furnishings and equipment therefor. Any town or community school district is hereby authorized to convey to the authority property, rights, easements and any other interests, which may be necessary or convenient for the construction and operation of any project and upon such terms as may be agreed upon between the authority and town or community school district. Any town, notwithstanding the prior creation of a school district coterminous with said town, or community school district may contract with the authority for the lease or use of any project financed under the provisions of sections 212 to 228, inclusive, for such period and for such consideration and on such terms and conditions as such town or community school district and the authority shall determine to be in the public interest, and all rentals or other charges provided by any such contract to be paid for the lease or use of such project shall be deemed to be current operating expenses of the town or the community school district, but shall be excluded in the computation for State school subsidy. If a town or community school district shall be delinquent in its payments to the authority, the State department of education shall make payment to the authority in lieu of such town or community school district from any amounts properly payable to such town or community school district by such department, not exceeding the amount then presently due to the authority from such town or community school district: Provided however, That if the amounts property payable to such community school district shall be less than the amount then presently due to the authority from such community school district, the State department of education shall make payment of the balance to the authority from the amounts properly payable to the participating towns in such community school district, the amount to be withheld from each of said towns to be such portion of the balance as that town's State valuation bears to the total State valuation of all the participating towns.

No contract, lease or agreement between a town or community school district and the authority shall be valid unless first approved by the vote of a majority of the inhabitants of such town or of each town involved in the case of a community school district voting on this question. Notwithstanding the provisions of any other law, any delay in the actual completion of a project beyond the date as estimated by the authority for such completion or any damage to or destruction of the whole or any portion of any project shall not operate to relieve the town or community school district of its obligation to pay the rentals and other charges as provided in such contract, lease or agreement. Any such contract, lease or agreement heretofore entered into in accordance with the provisions of this section is hereby ratified and confirmed.

Section 219, first sentence amended:

The authority is hereby authorized to provide by resolution, at one time or from time to time, for the issuance of revenue bonds of the authority but not to exceed $25 million outstanding at any one time for the purpose of paying all or any part of the cost of any project or projects and for any purpose authorized in sections 212 to 228, inclusive.

MAINE SCHOOL BUILDING AUTHORITY PROJECTS

CITY OR TOWN AND SIZE OF MAINE SCHOOL BUILDING AUTHORITY PROJECT

Bath: 30-room junior high school building

Belmont: Two-room elementary school building

Bradley: Five-room elementary school building

Bristol: Six-room elementary school building

Buckfield: Two classrooms, auditorium-gymnasium, cafeteria, and kitchen
Burlington: Three-room elementary school building

Chelsea: Six-room elementary school

Corinna: Nine classrooms and a general purpose room, elementary

Cushing: Two-room elementary school building

Detroit: Four-room elementary school building

Greene: Seven-room elementary school building

Hallowell: 14-room elementary school building with all purpose room

Hebron: Rehabilitation of existing academy school and addition of one new classroom

Holden: Four classrooms, all-purpose room, and cafeteria, elementary

Lebanon Nine-room elementary school building

Leeds: Seven-room elementary school building

Levant: Four classrooms, kitchen, and office space, elementary

Limington: Four classrooms, teachers' room, kitchen, and general purpose room, elementary

Littleton: Six classrooms and general-purpose room, elementary

Manchester: Four classrooms and auditorium, elementary

Medway: Four-room elementary school building

Milford: 10 classrooms and general-purpose room, elementary
Millinocket: 10 classrooms and general-purpose room, elementary
Minot Six-room elementary school building

New Canada : Two-room elementary school building

Palermo: Four-room elementary school building

Penobscot: Two classrooms and general-purpose room, elementary

Princeton: Six classrooms, teachers' room, office, kitchen, and main hall, elementary

Richmond: Four classrooms, cafeteria, and general-purpose room, elementary Rockport: Seven classrooms with small gymnasium, elementary

St. Agatha Six classrooms, general-purpose room, kitchen, clinic, and teachers' room, elementary

Scarborough: 13 classrooms and special purpose room, high-school building of masonry construction

Sebec: Four-room elementary school building

South Thomaston: Five-room elementary school building

Swans Island: Three-room elementary school building

Unity: Four-room elementary school building

Waldoboro: Six-room elementary school building

Warren: Addition of 3 classrooms to present 4-room Warren Grade School Webster: Six-room elementary school building

Westbrook: 15 classrooms, kitchen, laboratory, home economics room, administration section, auditorium, and library, 3-year high school

Winterport: Nine classrooms and general purpose room, high school

MAINE SCHOOL BUILDING AUTHORITY BOND ISSUES

Towns constructing school projects under the Maine School Building Authority

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][merged small][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][ocr errors][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

OPINION OF THE JUSTICES OF THE SUPREME JUDICIAL COURT GIVEN UNDER THE PROVISIONS OF SECTION 3 OF ARTICLE VI OF THE CONSTITUTION

QUESTIONS PROPOUNDED BY GOV. EDMUND S. MUSKIE IN A LETTER DATED JANUARY 20, 1955; ANSWERED FEBRUARY 2, 1955

LETTER PROPOUNDING QUESTIONS

STATE OF MAINE,
OFFICE OF THE GOVERNOR,
Augusta, January 20, 1955.

To the Honorable Justices of the Supreme Judicial Court. Under and by virtue of the authority conferred upon the Governor by the constitution of Maine, article VI, section 3, and being advised and believing that the questions are important and that it is upon a solemn occasion,

I, Edmund S. Muskie, Governor of Maine, respectfully submit the following statement of facts and the questions and respectfully ask the opinion of the Justices of the Supreme Judicial Court thereon.

STATEMENT

Whereas the 95th legislature proposed a constitutional amendment to the people by the provisions of chapter 119 of the resolves of 1951 (the proposed amendment attached hereto and market "Exhibit A") to raise the constitutional limitation upon municipal indebtedness found in article IX, section 15 of the constitution of Maine from 5 percent to 71⁄2 percent of the municipal valuation, which amendment failed of ratification by the people;

« PreviousContinue »