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PRIVATE & SPECIAL LAWS
Second Special Session of the 121st

CHAPTER 42
H.P. 1452 - L.D. 1953

An Act To Validate Certain Proceedings Authorizing the Issuance of Bonds and Notes by the Calais School District

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the management and control of public school buildings located in the City of Calais are vested in the Calais School District, which includes the territory of the City of Calais; and

     Whereas, the State Board of Education has granted concept approval and design and funding approval for a school construction project to construct and equip additions and do renovations to Calais Elementary School and Calais High School; and

     Whereas, at a first referendum held on May 29, 2002, the voters of the City of Calais voted to authorize the Board of Trustees of the Calais School District to expend an amount not to exceed $8,824,585 for the project, to issue bonds or notes in the name of the Calais School District for school construction purposes in an amount not to exceed $7,208,212 and to issue additional bonds or notes or other evidences of indebtedness in an amount not to exceed $1,616,373 for zero-interest loans from the State's School Revolving Renovation Fund; and

     Whereas, at a 2nd referendum held on June 24, 2003, the voters of the City of Calais voted to exercise the total project cost to an amount not to exceed $9,383,367 and to authorize the Board of Trustees of the Calais School District to issue additional bonds or notes for school construction purposes for the project in an amount not to exceed $558,783; and

     Whereas, the Calais School District now intends to issue additional bonds or notes for the project; and

     Whereas, the warrants for the 2nd referendum relating to the project were posted on June 18, 2003, 6 days prior to the June 24, 2003 referendum, rather than 7 days prior to the referendum as required by the Maine Revised Statutes; and

     Whereas, the failure to post the warrant 7 days in advance of the 2nd referendum has created a legal technicality that could prevent the issuance of additional bonds or notes by the Calais School District for the project; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. Validation and authorization. Notwithstanding any provision of the Maine Revised Statutes to the contrary, the school construction referendum conducted by the City of Calais on June 24, 2003 and the proceedings related to that referendum are validated and made effective. The Calais School District is authorized to expend up to $9,383,367 for the Calais High School and Calais Elementary School construction and renovation project and to issue bonds or notes that have been approved by the State Board of Education for purposes of calculating state school construction subsidies in an amount not to exceed $7,726,994, to issue local only bonds or notes for the project without state subsidy in an amount not to exceed $40,000 and to issue bonds or notes or other evidences of indebtedness for the project in an amount not to exceed $1,616,373 for zero-interest loans from the State's School Revolving Renovation Fund.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective April 9, 2004.

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