USA > Massachusetts > Berkshire County > North Adams > North Adams city directory 1897 > Part 6
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ments, unider, his general supervision and control. In case of a vacancy in any office to which appointment is made by the mayor he may personally perform the duties thereof, but he shall not be entitled to receive any salary or pay attached thereto. The mayor shall hold office for the municipal year beginning with the first Mon- day in January following his election unless sooner removed, and until his successor is elected and qualified.
SECTION 29. The mayor shall have the sole power of appoint- ment to all municipal offices established by or under this act, un- less herein otherwise provided ; and he may, except as herein other- wise provided, remove from office by written order any officer so ap- pointed hereunder, for any cause which he shall in his official dis- cretion deem sufficient, which cause he shall assign in his order of removal. Such office shall become and be vacant upon the filing with the city clerk of such order of removal and the service of a copy thereof upon the officer so removed either personally or by leaving the same at his last or usual place of residence. The city clerk shall keep such order of removal on file, where it shall be open to public inspection.
SECTION 30. Whenever by reason of sickness or other cause the mayor shall be disabled from performing the duties of his office he may designate by a writing filed in the office of the city clerk, either the city treasurer. the city clerk. or the city solicitor, to act as mayor or in case of the failure of the mayor to make such designation, the above mentioned officers in the order above named, then performing the duties of his office, shall act as mayor. Such officer shall dur- ing the continuance of such disability have all the rights and powers of mayor, except that he shall not when so acting have the power of removal, unless thereto in any instance authorized by vote of the city council, nor any power of appointment unless such disa- bility of the mayor has continued for a period of thirty days, and then subject to the approval of the city council, nor power to ap- prove or disapprove any ordinance, order, resolution or vote until within twenty-four hours of the time when it would take effect with- out the approval of the mayor. In case such disability of the mayor continues for a period exceeding sixty days the city council may at any time after the expiration of that period declare a vacancy to ex- ist in the office of mayor.
SECTION 31. Whenever there shall be a vacancy in the office of mayor the president of the city council shall act as mayor and pos- sess all rights and powers of mayor during such vacancy, except that when so acting as mayor he shail not have the power of ap- pointment or removal unless thereto in any instance authorized by vote of the council.
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TITLE 5. SCHOOL. DEHARTMENT.
SECTION 32. The management and control of schools of said city shall be vested solely in a school committee, consisting of six mem- bers at large, who shall ,be elected by the inhabitants of the city as follows: At the first municipal election held under this act six members of the school committee shall be elected by the qualified voters of the entire city, two to serve for the term of three years, two for the term of two years and two for term of one year, be- ginning with the first Monday in January then next ensuing ; and thereafter two members at large of the school committee shall be elected in like manner at each annual municipal election, to serve for the term of three years beginning with the first Monday in January next ensuing, in place of the members at farge whose term then ex- pires. The school committee shall at its first meeting in each muni- cipal year, or as soon thereafter as may be, choose a chairman from among its members by ballot, and the votes of a majority of all the members of the board shall be required in order to eleet.
SECTION 33. The school committee shall on the first Monday in June, or as soon thereafter as may be, choose by vote of a majority of its members, but not from their number, a superintendent of schools, who shall be under its direction and control. Such super- intendent shall hold office until the first Monday in June next ensuing anless sooner removed, and until his successor is chosen and qualified, and he may be removed at any time by the school com- inittee by a majority of its members. The sebool committee shall in case of a vacancy in their number. forwith notify the city council, and the council shall eall a joint convention of the members thereof and of the school committee, and at such convention the vacancy shall, by vote of a majority of all the members of the two bodies, be filled until the end of the municipal year in which the warrant for the next ensuing annual municipal election is issued, and at such election the vacancy shall be filled for the remainder, if any, of the unexpired team, in the same manner as the member whose office is vacant was elected. The school committee shall fix and establish the compensation of all persons employed by them.
TITLE 6. ADMINISTRATIVE OFFICERS.
. SECTION 34. There shall be the following administrative officers, who shall be appointed by the mayor and who shall perform the duties by law and hereinafter prescribed by them respectively, and such further duties not inconsistent with the nature of their respective offices as the city council may prescribe. I. A board of public works, consisting of three persons. who shall also be overseer of the poor and commissioners of public burial places. II. A city
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treasurer, who shall also be the collector of taxes. III. A city solictor. IV. A chief of police. V. A chief of the fire depart- ment. VI. A board of health, consisting of three persons. VII. A city engineer, who shall also be inspector of buildings. VIII. A city bookeeper, who shall also be clerk of the board of public works and shall keep the accounts of all departments except as herein otherwise provided. The above named board and officers shall be appointed on or before the first Monday in February and shall hold their respective offices for the term of one year beginning with the first Monday in February, unless sooner removed, and until their re- spective successors, or in case of boards, until a majority of the members thereof, are appointed and qualified: provided, however, that the appointment of the chief of police shall not be for any specified time, but shall hold good until his death, resignation or re- moval by the mayor, who shall have power to remove Lim for incom- pentency or canse. They shall be sworn or affirmed to the faithful discharge of the duties of their respective offices, which oath or affirmation, or a certified copy thereof, shall be filed in the office of the city clerk. IX. A board of license commissioners, as prescribed in chapter four hundred and twenty-eight of the acts of the year eighteen hundred and ninety-four. The board of assessors shall be entitled to choose a clerk, who shall not be one of their own number. The board of public works shall appoint a superintendent of out- door work who shall hold no other municipal office and a superin- tendent of the water works, neither of whom shall be of their own number, and who shall severally hold their offices for one year un- less sooner removed by said board, and until their respective suc- Cessors are appointed and qualified.
TITLE 7. POWERS AND DUTIES OF OFFICERS.
SECTION 35. The city clerk shall have charge of all journals, re cords, papers and documents of the city, attest all warrants. and do such other acts in his said capacity as the city council may require of him. He shall be the clerk of the council and shall keep a jour- nal of all votes and proceedings. He shall engross all the ordin- ances passed by the city council, in a book provided for that pur- pose, and shall add proper indexes, which book shall be deemed a a public record of such ordinances. He shall perform such other du- ties as are required by law or shall be perscribed by the council. In case of the temporary absence of the city clerk the president of the council may appoint a clerk pro tempore, who shall be duly qualified.
SECTION 36. The auditor shall have charge of all revenue and ex- penditure accounts of the city and shall keep a set of books showing
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in detail the revenues and expenditures of the city. He shall ex- amine all pay rolls, bills or demands rendered against the city, and all orders or votes of the city council for the payment of money, shall see that they have been incurred with due authority, that they are properly approved by some person authorized thereto, and that the clerical computations are correct. He shall see that vouchers are prepared in proper form, and that the same are duly recorded aud distributed to their proper account. If he approves of a bill, pay roll or demand, he shall endorse it with his certificate of approval and shall cause an abstract of the same to be emered ou a book kept for that purpose, and shall pass it to the treasurer for pay- ment. He shall perform such other duties as from time to time shall be assigned him by the city council. In case of the disability or absence of the auditor the president of the council shall appoint an auditor, pro tempore, who shall be duly qualified.
SECTION 37. The board of public works shall exercise the powers and be subjecn to the duties prescribed for boards of overseers of the poor by the laws of the Commonwealth. The board of public works shall have cognizance, direction and control :- (a) Of the construction, alteration, repair, care and lighting of streets, ways and sidewalks. (b) Of the construction, alteration, repair and care of public buildings ; except that the care, construction, altera- tion and repair of all school buildings shall remain under the con- trol of the school committee. (c) Of the construction, alteration, repair and care of public sewers and drains. (d) Of the construc- tion, alteration, repair, care and maintenance of public bridges. (e) Of the laving out and careing for public burial places and public parks, and of all work in or upon the same. (f) Of the construc- tion, extention, alteration and repair of the public water works. (g) Of the care, superintendence and management of the public grounds belonging to said city, except such grounds as are under the control of the school committee, and of the shade and ornamental trees standing and growing therein. (h) Of the supervision of fire alarm, electric light, power, telephone, telegraph and trolley wires, and electric light, telegraph and telephone poles and gas pipes. The said board may require that no person or corporation authorized by the city council to dig up any public street or sidewalk in said city shall begin such digging before furnishing to such board of public works security satisfactory to them to restore such street or side- walk to its former condition. The said board shall also, except as herein otherwise provided, have exclusiely, the powers and be subject to the duties, liabilities and penalties which may be by law given to or imposed upon road commissioners of towns. They shall as overseers of the poor appoint a city physician. (See page 141.)
SECTION 38. The city treasurer shall collect all the water rents and charges and all moneys due the city, and shall receive, have the
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custody of. and pay out all moneys, upon the certificate of the aud- itor, and cause an accurate account of the same to be kept in proper bookkeeping forn, or such form as the city council may prescribe. He shall make to the council, annually or oftener, at such time or times in each year as it shall prescribe, a full and detailed statement of the receipts and expenditures of the city during such portion of the financial year as it may direct, and of the cash balance or sur- plus ; and in every such statement the different sources of the city revenue and the amount received from each, the several appropriations made, the object for which they were made and the amount of moneys expended under each, the money borrowed on the credit of the city, the authority under each loan was made, and the terms on which the same was obtained. shall be clearly and particularly spec- ified. He shall cause to be reported weekly to the auditor a state- ment of all the receipts and disbursements in order that the proper entries may be made in the books kept by the auditor. No person who is a bank official or employee shall be eligible to the office of treasurer.
SECTION 39. The city solicitor shall for the salary herein pro- vided perform all legal services in matters in which the city is interested, and attend to all proceedings at law or in equity in which the city is a party, and all claims made to the council. For these purposes he shall have sole charge of all such matters and proceedings. He shall give in writing his legal opinion upon any of the municipal affairs of the city upon the request of the mayor or council, and in addition give his opinion upon the law relating to the municipal affairs in any department upon request made by the head department.
SECTION 40. The city engineer shall give his whole time to the city and shall have sole charge and control of and shall attend to all the engineering work of the city. He shall, at the request of the board of public works, prepare plans and estimates of any proposed alterations in or construction of public sewers and drains and con- duits, streets, sidewalks, water works and other public works. He shall assist the city solicitor as far as possible in defending the city against suits and claims brought against it for damages sustained by reason of any defect or want of repair in any public way, or for any cause whatever. He shall perform such other duties as the city council shall prescribe, not inconsistent herewith. As inspec- tor of public buildings he shall have the control of the enforcement of the regulations regarding plumbing and shall perform such other duties as shall be from time to time prescriced by law and the ordin- ances of the city council.
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SECTION 41. The trustees of the public library shall consist of three members at large, who shall be elected by the inhabitants of the city as follows: At the first municipal election held under this act one trustee shall be elected to serve for the term of three years, one for the term of two years and one for the term of one year, be- ginning with the first Monday in January then next ensuing, and thereafter one trustee at large shall be elected in like manner at each annual municipal election, to serve for the term of three years be- ginning with the first Monday in January next ensuing. in place of the trustee at large whose term then expires. The trustees of the public library shall have the care and management of the public library.
SECTION 42. The auditor shall also be the city almoner, and shall keep a record of the settlements of all paupers or persons who are or may become a city charge, and shall, under the direction of and by the authority of the overseers of the poor, relieve the wants of such paupers outside of the almshouse as may be necessary and proper. He shall, as aforesaid, see that the paupers who are chargeable to other cities and towns are main- tained by such cities and towns at their own expense, and that the city shall be reimbursed for outlays made for the paupers chargeable to the Commonwealth or other cities or towns. He shall, under the direction of the overseers of the poor, report all cases needing legal attention of the city solicitor, and shall fur- nish him with all the information possible in controversies aris- ing over pauper settlement or otherwise. He shall perform such other duties as the overseers of the poor may from time to time direct.
SECTION 43. All city officers not hereinbefore mentioned shall per- form such duties as are or may be from time to time prescribed by law, and such other duties, not inconsistent herewith or with general laws, as the council may from time to time prescribe.
SECTION 44. The administrative officers nnd boards above named in this title, and all administrative officers and boards hereafter es- tablished by the city council and not coming within the department of any officer or board so above named, shall have the power, ex- cept as hearin otherwise provided, to appoint or employ, and to re- move or discharge, all officers, clerks and employees in their respec- tive departments. Sueli appointment shall not be for any speci- fied term, but shall hold good until removal or discharge. Orders of removal shall state the reason thereof and shall be entered upon the records of the officer or board making the same, and removals shall take effect upon the filing of a copy of such order with the city clerk in a book provided for the purpose and open to
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public inspection. The above named administrative officers and boards shall, in their respective departments, make all necessary contracts for work and for the furnishing of materials and supplies tor the city and for the construction, alteration, repair and care of public works, institutions, buildings and other property ; except such property as shall be under the control of ths school committee, and shall have, subject to the mayor, the direction and control of all the executive and administrative business of the city. They shall at all times be accountable to the mayor, as the chief executive officer, for the discharge of their duties.
SECTION 45. Every board, and every officer above namep, not a member of a board, shall keep a record of all official transactions and such record shall be open to public inspection.
TITLE 8. GENERAL PROVISIONS.
SECTION 46. The following sal aries shall be paid, viz :- Mayor, one thousand dollars each year. City clerk, thirteen hundred dol- lars each year Tax collector and treasurer, two thousand dollars each year. City solicitor, nine hundred dollars each year. Mem- bers or the school committee, seventy-five dollars each, each year. Members of the board of assessors, four hundred dollars each, each year. Clerk of board of assessors, one hundred and fifty dollars each year. City physician, two hundred and fifty dollars each year. Members of the board of health, one hundred dollars each, each
year. Chief of the fire department, three hundred dollars each year. Assistant chiefs of the fire department, one hundred dollars each, each year. Superintendent of the water works, twelve hun-
dred dollars each year. City engineer and inspector of plumbing. eighteen hundred dollars each year. Chief of police and keeper of lockup, three dollars and a half each day. Captain of police, three dollars each day. Keeper of the almshouse, seven bun-
dred and fifty dollars each year. Members of the board of public works, five hundred dollars each, each year. Clerk of the board of public works, nine hundred dollars each year. Superintendent of outdoor work, twelve hundred dollars each year. Auditor one thou- sand dollars each year. Members of the police force, two dollars men, sixty-five dollars each, each year. The compensation of all and a half each, each day. Firemen, hose and hook-and-ladder persons not employed by boards or heads of departments and not herein provided for shall be established by the city council, but no new salaried office shall be established except those required by law, nor any increase of salaries made unless approved by a vote of the citizens at large in their respective precincts at an annual election. (See page 141.)
SECTION 47. No person shall be eligible to any of the offices of the city government, except superintendent of schools, chief of
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police, chief of the fire department, or city engineer, unless he is citizen and has been a resident of the city for at least two years.
SECTION 48. Any office established under or by this act shall be- come vacant if the incumbent ceases to be a resident of the city. The conviction of the incumbent of any such office of a crime punish able by imprisonment shall operate to create a vacancy in the office held by him.
SECTION 49. The provisions of chapter three hundred and twelve of the acts of the year eighteen hundred and eighty-five and arts in amendment thereof and in addition thereto shall not apply to the city of North Adams until the first day of January in the year nine- tren hundred.
SECTION 50. The administrative officers and boards above-named shall. annually on or before the first Monday of January, furnish to the mayor an itemized and detailed estimate of the moneys required for their respective departments or offices during the ensuing finan- cial year. The mayor. president of the council and chairman of the board of assessors, shall examine such estimates and shall submit the same to the city council on or before the first day of March, with their itemized and detailed apportionment, which shall be the appropriations which the several departments and officers may ex- pend during the current municipal year, but said city council at any time prior to May first, of each year, may, subject to the approval of the mayor as provided by law, strike out or decrease, but not in- crease any item in said report.
SECTION 51. Every officer of the city shall, at the request of the city council, give it such information in writing as it may require in relation to any matter, act or thing connected with his office or em- ployment or the discharge of the duties thereof.
SECTION 52. No sin appropriated for a specific purpose shall be expended for any other purpose, and no expenditure shall be made, nor liability incurred, by or in behalf of the city. until an appropri- ation has been duly voted by the city council sufficient to meet such expenditure or liabllity, together with all prior unpaid liabilities which are payable out of such appropriation, except in accordance with the written recommendation of the mayor to the city council, approved by the yea and nay vote of two-thirds of the council ; pro- vided, however, that, after the expiration of the financial year and until the passage of the annual appropriation, liabilities payable out of a regular appropriation to be contained therein may be in- curred to an amount not exceeding one-third of the total of such ap- propriation for the preceeding year. Every bill, pay roll or other
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voucher covering an expenditure of money shall be approved by the signatures, on the back of such bill or voucher, of the majority of the board or committee having control of, or incurring such expen- diture, and after such approval such bills, pay rolls or vouchers shall be turned over to the auditor. The financial year shall begin with the first day of December in each year.
SECTION 53. Nothing kerein contained shall affect the enforce- ment of the provisions of chapter three hundred and twenty of the acts of the year eighteen hundred and eighty-four, being "An act to improve the civil service of the Commonwealth and the cities thereof," and acts in amendment thereof and in addition thereto, or of the rules made by the commissioners appointed thereunder; and the city council shall make sufficient and proper appropriations for the carrying out and enforcement of said act and such rules in said city.
SECTION 54. Whenever mechanical or other work is required to be done, or supplies are required for the city, at a cost amounting to five hundred dollars or more, the board or committee having the matter in charge shall invite proposals therefor by advertisements in not more than two newspapers published in said city, such ad- vertisements to state the time and place for op ning the proposals in answer to said advertisements, and reserving the rights to said board or committee to reject any or all proposals. Every proposal for doing such work or making such sale shall be accompanied by a suitable bond, or certificate of deposit, for the faithful performance of such proposal, and all such proposals shall be kept by the officer or board inviting the same, and shall be open to public inspection after said proposals have been accepted or rejected.
SECTION 55 All contracts made by any department of the city. shall. when the amount involved is five hundred dollars or more, be in writing. and no such contract shall be deemed to have been made or executed until the approval of the mavor is affixed thereto. All such contracts shall be accompanied by a bond with securities satisfactory to the board or committee having the matter in charge, or a deposit of money or other security for the faithful performance of such contracts ; and such bonds or other security shall be de- posited with the city auditor until the contract has been carried out in all respects ; and no such contract shall be altered except by a written agreement of the contractor ; the sureties on his of their bond, and the officer or board making the contract, with the approval of the mayor affixed thereto.
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