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Home My WebLink About1976-11-02-State-Election-Warrant WARRANT FOR STATE ELECTION Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, Greeting: In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Lexington qualified to vote in elections to meet in their respective voting places in said Town, PRECINCT ONE, HARRINGTON SCHOOL; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, BRIDGE SCHOOL; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, CARY MEMORIAL BUILDING; PRECINCT SIX, WILLIAM DIAMOND JUNIOR HIGH SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, FIRE HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, TUESDAY, THE SECOND DAY OF NOVEMBER, 1976 at 7:00 o'clock A.M. , to cast their ballots for the following officers: ELECTORS OF PRESIDENT AND VICE PRESIDENT SENATOR IN CONGRESS For this Commonwealth REPRESENTATIVE IN CONGRESS For 5th Congressional District COUNCILLOR For 3rd Middlesex Councillor District (Precincts 4, 6, 7, 8 and 9) COUNCILLOR For 6th Middlesex Councillor District (Precincts 1, 2, 3 and 5) SENATOR For 4th Middlesex Senatorial District (Precincts 1, 2, 3 and 5) SENATOR For 5th Middlesex Senatorial District (Precincts 4, 6, 7, 8 and 9) REPRESENTATIVE IN GENERAL COURT For 35th Middlesex Representative District (Precincts 1, 2, 3, 4, 5 and 6) REPRESENTATIVE IN GENERAL COURT For 37th Middlesex Representative District (Precincts 7 and 8) REPRESENTATIVE IN GENERAL COURT For 38th Middlesex Representative District (Precinct 9) CLERK OF COURTS For Middlesex County REGISTER OF DEEDS For Middlesex Southern District COUNTY COMMISSIONERS (2) For Middlesex County And to take action on the following questions: - 2 - QUESTION NO. I PROPOSED AMENDMENT TO THE CONSTITUTION EQUAL RIGHTS Do you approve of the adoption of an amendment to the Constitution summarized below, which was approved by the General Court in joint sessions of the House of Representatives and Senate on August 15, 1973, by a vote of 261-0, and on May 14, Yes 1975, by a vote of 217-55? No SUMMARY The proposed amendment would provide that equality under the law may not be denied or abridged on the basis of sex, race, color, creed or national origin. This amendment adds one sentence to Article 1 of Part the First of the Constitution which now contains a general statement of individual rights, including the right to enjoy and defend life and liberty and the right to acquire and protect property. QUESTION NO. 2 PROPOSED AMENDMENT TO THE CONSTITUTION GRADUATED INCOME TAX RATES Do you approve of the adoption of an amendment to the Constitution summarized below, which was approved by the General Court in joint sessions of the House of Representatives and Senate on August 15, 1973, by a vote of 199-66, and on May 7, Yes 1975, by a vote of 228-41? No SUMMARY The proposed amendment would authorize the Legislature to substitute for the present system of flat or uniform personal income tax rates a system of rates graduated according to the total amount of income received. The Legislature would also be authorized to provide for reasonable exemptions, deductions, credits, and abatements and could base Massachusetts income tax provisions on provisions of Federal income tax law. QUESTION_NO.3 PROPOSED AMENDMENT TO THE CONSTITU'rSON ABSENTEE VOTING FOR RELIGIOUS REASONS Do you approve of the adoption of an amendment to the Constitution summarized below, which was approved by the General Court in joint sessions of the House of Representatives and Senate on August 15, 1973 by a vote of 259-0, and on May 12, Yes 1976 by a vote of 262-1? No SUMMARY The proposed amendment would authorize the Legislature to provide for absentee voting by persons who hold religious beliefs in conflict with the act of voting on the day on which any election is to be held. - 3 - QUESTION NO. 4 LAW PROPOSED BY INITIATIVE PETITION MASSACHUSETTS POWER AUTHORITY Do you approve of a law summarized below, which was disapproved by the House of Representatives on May 5, 1975, by a vote of 179-46, and on which no vote was taken by the Senate before May 7, 1975? Yes No SUMMARY SECTION 1 of the act inserts a new chapter 1648 into the General Laws and establishers a Massachusetts Power Authority a body corporate and politic with seven members appointed by the Governor to staggered six year terms. The Authority is to establish and operate a bulk power supply system to supply wholesale electric power to utilities throughout the Commonwealth. The primary purpose of the Authority is to supply the Commonwealth with power with the minimum adverse impact on the environment. The Authority is also authorized to engage in research and development of new sources of power, new siting techniques, and methods of environmental protection. In carrying out its responsibilities, the Authority is authorized to adopt by-laws; adopt an official seal; maintain offices; sue and be sued; construct or acquire facilities either within or without the Commonwealth; issue revenue bonds and borrow money in anticipation of issuance of revenue bonds; acquire real and personal property; employ professional, managerial and other employees deemed necessary and fix their compensation to be paid solely out of revenues of the Authority; appear before other government agencies; apply for and receive federal or other grants of funds; and enter into contracts and agreements. The Authority will build and operate all new generating and transmission facilities in the Commonwealth and has the option to purchase existing facilities through negotiation, condemnation, or eminent domain. After an initial two- year period, no other utility may construct a new facility unless the Authority certifies that it lacks the capability to finance the facility and the facility would further the purposes of the act. The Authority will finance its activities by issuing revenue bonds. The bonds will be exempt from state taxation, but will not be backed by the full faith and credit of the Commonwealth. Power will be sold to other utilities by contract but no special discounts or bonuses to promote the increased use of power may be given. Public hearings are required on all major contracts. The Authority is required to develop a master, 20-year demand study and siting plan within 18 months of its incorporation, to be updated each succeeding year. Sites will be selected in accordance with the Electric Power Facilities Siting Council Act of 1973. The Governor and the community in which any facility is to be located must affirmatively approve the facility before it can be constructed. The Authority will be subject to all applicable federal and state environ- mental standards and must obtain all necessary federal and state permits and complete all necessary environmental impact statements. - 4 - The Authority will be exempt from taxation but will make payments in lieu of taxes to cities and towns in an amount equal to the tax which would be paid if the Authority's real and personal property were owned by a private electric utility company. The Authority is forbidden from engaging in promotional or image advertising. The Authority has the authority to bargain collectively with its employees and is subject to the provisions of Chapter 150 of the General Laws, which governs the conciliation and arbitration of industrial disputes. Employees of the Authority are not subject to the civil service law and rules. Employees of utilities displaced by the activities of the Authority have first preference in employment by the Authority. SECTION 2 of the act amends section 43 of Chapter 164 of the General Laws to provide that if a city or town votes, in accordance with the provisions of Chapter 164, to establish a municipal utility and acquire the facilities of the utility currently serving the community, and the utility refuses to sell its property to the city or town, that the Department of Public Utilities will establish a fair price for the facilities, and the utility will be required to accept the price determined by the department and tender the deed for the facilities to the city or town. QUESTION NO.5 LAW PROPOSED BY INITIATIVE PETITION BANNING PRIVATE HANDGUNS Do you approve of a law summarized below, which was disapproved by the House of Representatives on May 3, 1976, by a vote of 197-35, and on which Yes no vote was taken by the Senate before May 5, 1976? No SUMMARY The proposed legislation would prohibit the possession, ownership or sale of any weapon from which a shot or bullet can be discharged and which has a barrel length of less than sixteen inches. The prohibition would not apply to military personnel, law enforcement officers, federally licensed handgun manufacturers and wholesales, common carriers in the ordinary course of trans- port, or to historical societies and museums. The act would not affect the possession of rifles, shotguns, and certain antiques and replicas. The proposal also does not change the existing statutory penalties for unlawful possession, ownership or sale of handguns, including provision imposing mandatory jail sentences. The proposal would permit owners of handguns to surrender their weapons to any law enforcement agency in the Commonwealth within six months of the effective date of the act without incurring criminal liability. Those surrendering handguns within that six months will be compensated at a rate to be determined by the Commissioner of Public Safety. - 5 - QUESTION NO. 6 LAW PROPOSED BY INITIATIVE PETITION CONTROLS ON BOTTLES AND CANS Do you approve of a law summarized below, which was disapproved by the House of Representatives on May 3, 1976, by a vote of 146-85, and on which Yes no vote was taken by the Senate before May 5, 1976. No SUMMARY The proposed act would require every beverage container sold or offered for sale in the Commonwealth to have a refund value of at least five (5) cents, and would prohibit the sale of metal beverage containers with flip-tops. It would apply to containers for beer and other malt beverages and to soft drinks. It would not apply to containers for dairy products or natural fruit juices, nor to containers which are bio-degradable. The act would authorize the Secretary of Environmental Affairs to certify containers as reusable or recyclable. It contains both enforcement and penalty provisions and would take effect on February 1, 1977. QUESTION NO. 7 LAW PROPOSED, BY INITIATIVE PETITION UNIFORM ELECTRIC RATES Do you approve of a law summarized below, which was disapproved by the House of Representatives on May 3, 1976, by a vote of 182-49, and on which no Yes vote was taken by the Senate before May 5, 1976? No SUMMARY The proposed act would impose a general requirement that every electric utility company charge a uniform rate per kilowatt hour of electricity. The proposed act would except from this general rule rates charged to other electric utility companies and to residential customers who heat their principle place of residence by electricity. The Act would also permit a different rate to be charged residential customers for the first three hundred (300) kilowatt hours they consume each month and would authorize "peak load" pricing whereby a higher rate than the uniform rate per kilowatt hour may be charged during the periods of the day or seasons of the year when consumption of electricity is the greatest. The Act would authorize the Department of Public Utilities to issue implementing rules and regulations and provides for enforcement. - 6 - QUESTION NO. 8 THIS QUESTION IS NOT BINDING OIL REFINERY AND DEEP WATER PORT The following is a non-binding advisory question: "Shall the General Court enact legislation authorizing the construction of an oil refinery and a deep water port, subject to the approval of those communities directly affected and Yes any reservations that the General Court may prescribe?" No SUMMARY The Legislature has placed this question on the ballot in order to determine whether the people favor or oppose the construction of an oil refinery and deep water port in Massachusetts. The vote on this question is not binding on the Legislature. The question deals with the general advisability of such construction and is not a specific proposal for a facility. If a specific proposal is made, it would be subject to approval by the communities directly affected and subject to any re- strictions imposed by the Legislature. QUESTION NO. 9 THIS QUESTION IS NOT BINDING SUNDAY CLOSING LAWS The following is a non-binding advisory question: "Shall retail stores including package liquor stores, so called, be allowed to open for business Yes on Sunday?" No SUMMARY The Legislature has placed this question on the ballot in order to determine whether the people favor or oppose the Sunday opening of certain retail stores, including package liquor stores. As the law now stands, most retail and all package liquor stores must be closed on Sundays. The vote on this question is not binding on the Legislature. - 7 - The polls will be open at 7:00 A.M. and will remain open until 8:00 P.M. And you are directed to serve this Warrant seven days at least before the time of said meeting as provided in the By-Laws of the Town. Hereof fail not, and make due return on this Warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexington, this fourth day of October, A.D. , 1976. ,„6„,a2. %erg Selectmen *' of //:‘,77 Lexington r 1, f// A true copy, Attest:sti 411,-.41.4M 4 .... •n-table • exington CONSTABLE'S RETURN October 18 , 1976 . To the Town Clerk: I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building, Cary Memorial Building, and in a public place in each of the precincts of the Town and also by sending by mail, postage prepaid, a printed copy of such warrant addressed to each dwelling house and to each dwelling unit in multiple dwelling houses, apartment buildings, or other buildings in the Town 14 days before the time of said meeting. Attest: r nstable exington ,/