The Commonwealth of Massachusetts

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DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR

Executive Department State House  ·  Boston 02133 (617) 725-4000

January 8, 2008.

To the Honorable Senate and House of Representatives:

Pursuant to the provisions of Article II, Section 8, Paragraph 1, Clause (2) of the Amendments to the Constitution, as amended by Article LXXXIX, I am filing for your consideration the attached legislation entitled, “An Act Validating Certain Actions Taken By The Town Of Abington.” 

Senator Morrissey, Representative McCarthy and the Abington Board of Selectmen have asked that this legislation be filed to validate the actions taken by the town of Abington at its November 5, 2007, special town meeting and November 10, 2007, special town election.  Both the special meeting and special election authorized remodeling Abington High School and senior center acquisition projects.  Unfortunately, the town has discovered deficiencies in the posting and content of the warrants for the special town meeting and special election.  Absent this legislation, the Town faces the risk of legal challenges to its actions taken pursuant to the meeting and election.  It has already entered into a purchase and sale agreement for the senior center and it can not begin the high school repair project unless it can issue bond anticipation notes. 

I urge your early and favorable consideration of this bill.

Respectfully submitted,

                                                                                       DEVAL L. PATRICK,

                                                                                       Governor.

The Commonwealth of Massachusetts

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In the Year Two Thousand and Eight.

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An Act validating certain actions taken by the town of Abington.

        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. Notwithstanding the provisions of section 10 of chapter 39 of the General Laws, or any other general or special law or by-law to the contrary, all actions and proceedings taken by the town of Abington at the special town meeting held on November 5, 2007, and all votes passed by the voters of the town of Abington at the special town election held on November 10, 2007, including the votes to exempt from the provisions of section 21C of chapter 59 of the General Laws the amounts required to pay for the bonds to be issued in order to finance the replacement of doors and windows at the Abington High School and the acquisition of a parcel of land with a building or buildings thereon and the remodeling, original equipping and furnishing of such building or buildings for use as a senior center, are hereby ratified, validated and confirmed in all respects, notwithstanding any defects or omissions in the calling of said town meeting or town election.

SECTION 2.  This act shall take effect upon its passage.