USA > Massachusetts > Berkshire County > North Adams > North Adams city directory 1900 > Part 5
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Section 26. The auditor shall have charge of all revenue and ex- penditure accounts of the city and shall keep a set of books show- ing in detail the revenues and expenditures of the city. He shall examine 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 there- to, and that the clerical computations are correct. He shall see that vouchers are prepared in proper form, and that the same are duly recorded and distributed to their proper account. If he ap- proves 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 entered on a book kept for that purpose, and shall pass it to the treasurer for payment. He shall perform such other duties as from time to time may 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 subject to the duties prescribed for boards of o verseers 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, alteration 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 laying out and caring for public burial places and pub- lic parks, and of all the work in or upon the same. (f) Of the construction, extension, 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
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ornamental trees standing and growing therein. (h) Of the super- vision 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 corpo- ration authorized by the city council to dig up any public street or sidewalk in said city shall begin such digging before furnish- . ing to such board of public works security satisfactory to them to restore such street or sidewalk to its former condition. The said board shall also, except as herein otherwise provided, have ex- clusively the powers and be subject to the duties, liabilities and penalties which may be by law given to or imposed upon road com- missioners of towns. They shall as overseers of the poor appoint a city physician.
Section 38. The city treasurer shall collect all the water rents and charges and all moneys due the city, and shall receive, have the custody of and pay out all moneys, u- on the certificate of the auditor, and cause an accurate account of the same to be kept in proper bookkeeping form, 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 de- tailed 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 surplus; 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 ma le and the amount of moneys expended under each, the money borrowed on the credit of the city, the authorty under which each loan was made, and the terms on which the same was obtained, shall Le clearly and particularly specified. He shall cause to be re- ported weekly to the auditor a statement of all the receipts and dis- bursements in order that the proper entries may be made in the Looks kept by the auditor. No person who is a bank official or em- ploye shall be eligible to the office of treasurer.
Section 39. The city solicitor shall for the salary herein provided perform all legal services in matters in which the city is interest- ed, und 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 matter and proceed- ings. 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 of such 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
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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 conduits, streets, sidewalks, water works and other public works. He shall assist the city solicitor as far as possible in de- fending 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 inspector of public buildings he shall have the con- trol of the enforcement of the regulations regarding plumbing and shall perform such other duties as shall be from time to time pre- scribed by law and the ordinances of the city council.
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, beginning with the first Monday in January then next ensu- ing, 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, beginning 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 manage- ment 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 direc- tion 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 maintained by such cities and towns at their own expense, and that the city shall Le reimbursed for outlays made for the paupers chargeable to the Commonwealth or other cities or towns. He shall, under the di- rection of the overseers of the poor, report all cases needing legal attention of the city solicitor, and shall furnish him with all the information possible in controversies arising over pauper settle- ment 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 perform such duties as are or may be from time to time perscribed by law, and such other duties, not inconsistent herewith or with general laws, as the council may from time to time prescribe.
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Section 44. The administrative officers and boards above named in this title, and all administrative officers and boards hereafter es- tablished by the city council and not coming within the depart- ment of any officer or board so above named, shall have the power except as herein otherwise provided, to appoint or employ, and to remove or discharge, all officers, clerks and employees in their res- pective departments. Such appointment shall not be for any spe- cified 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 public inspection. The above named administrative officers and boards shall, in their respective departments make all necessary con- tracts for work and for the furnishing of materials and supplies for 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 the 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 execu- tive officer, for the discharge of their duties.
Section 45. Every board, and every officer above named, 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 salaries shall be paid, viz: Mayor one thousand dollars each year. City clerk, thirteen hundred dol- lars each year Tax collector and treasurer, two thousand dol- lars each year. City solicitor, nine hundred dollars each year. Members of 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 dol- lars each year. Members of the board of health, one hundred dol- lars 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 hundred dollars each year. City engineer and in- spector cf 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 alms- house, seven hundred and fifty dollars each year. Members of
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board of public works, five hundred dollars each, each year. Clerk of the board of public works, nine hundred dollars each year. Su- perintendent of outdoor work, twelve hundred dollars each year. Auditor, one thousand dollars each year. Members of the police force, two dollars and & half each day. Firemen, hose and hook- and-ladder men, sixty-five dollars each, each year. The compen- sation of all persons not employed by boards or heads of depart- ments 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.
Section 47. No person shall be eligible to any of the offices of the city government, except superintendent of schools, chief of police, chief of the fire department, or city engineer, unless he is a 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 pun- ishable 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 acts in amendment thereof and in addition thereto shall not apply to the ity of North Adams until the first day of January in the year nineteen 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 re- quired for their respective departments or offices during the ensu- ing financial year. The mayor, president of the council and chair- man 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 expend 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 de- crease, but not increase 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
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in relation to any matter, act or thing connected with his office or employment or the discharge of the duties thereof.
Section 52. No sum 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 appro- priation has been duly voted by the city council sufficient to meet such expenditure or liability, together with all prior unpaid lia- bilities which are payable out of such appropriation, except in ac- cordance with the written recommendation of the mayor to the city council, approved by the yea and nay vote of two-thirds of the council; provided, however, that, after the expiration of the finan- cial year and until the passage of the annual appropriation, lia- bilties payable out of a regular appropration to be contained there- in may be incurred to an amount not exceeding one-third of the total of such appropriation for the preceding year. Every bill, pay roll or other voucher covering an expenditure of money shall be approved by the signatures, on the back of such bill or vouch- er, of the majority of the board or committee having control of, or incurring such expenditure, and after such approval such bills, pay rolls or vouchers shall be turned over to the auditor. The finan- cial year shall begin with the first day of December in each year.
Section 53. Nothing herein contained shall affect the enforce- ment of the provisions of chapter three hundred and twenty of the acts of ti.e year eighteen hundred and eighty-four, being "An act to improve the civil service of the Commonwealth and the cities thereef," 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 of 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 opening the proposals in answer to said advertisements, and reserving the right 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.
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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 mayor 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 perform- ance of such contracts: and such bonds or other security shall be deposited 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 or their bond, and the officer or board making the contract, with the ap- proval of the mayor affixed thereto.
Section 56. No loan except such as may be incurred in anticipa- tion of taxes shall be made except upon and after the written rec- oramendation of the mayor, made to the city council and passed by a two thirds yea and nay vote. All bonds and notes issued by the city shall be signed by the treasurer and countersigned by the mavor, and any coupons attached thereto shall bear the signa- ture of the treasurer either in the original or a fac simile.
Section 57. The board of public works shall fix and establish the prices of rents for the use of water, which shall not be made less in any instance than the prices and rents now established by the prudential committee of the North Adams Fire District, until the bonded indebtedness now or hereafter created by said district or rity for the purpose of supplying the inhabitants of said district cr city with pure water shall have been paid; and the income re- ceived therefrom, in each year, after deducting all expenses and charges of distribution of such year, shall be applied as follows: First, to the payment of the interest on the debts and loans now or hereafter incurred by the said city and by the North Adams Fire District for the purpose of supplying said city and said district and the inhabitants thereof with water, and of such part of the principal sum thereof as shall become due in such year; second, after paying such interest and principal sums the residue of such income shall be used to supply the city and inhabitants thereof with pure water in the discretion of said board and any balance of such residue not so used shall be paid into the treasury of the city for gene. al city purposes. As long as there shall be any debts of the city that shall have been incurred in supplying said district or said city or the inhabitants of either with water there shall be raise ! each year by taxation a sum which, together with the said inrome, shall be sufficient to pay the interest on all such debts and such part of the principal sum as shall become due in such year.
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Section 58. Upon an acceptance of this act, as herein provided, the selectmen of said town shall forthwith divide the territory thereof into seven wards, so that the wards shall contain as nearly as may be consistent with well defined limits to each, an equal number of voters, and they shall designate the wards by numbers. They shall, for the purpose of the first municipal election to be held thereunder, which shall take place on the third Tuesday of De- cember next succeeding such acceptance, provide suitable polling places in the several wards, and give notice thereof, and shall at least ten days previous to such third Tuesday in December ap- point all proper election officers therefor, and they shall in general have the powers and perform the duties of the mayor and board of aldermen of cities, under chapter four hundred and seventeen of the acts of the year eighteen hundred and ninety-three and acts in amendment thereof and in addition thereto, the provisions of which shall so far as applicable apply to said election; and the town clerk shall perform the duties therein assigned to city clerks. The registrars shall cause to be prepared and published according to law lists of qualified voters in each of the wards established by the selectmen.
Section 59. All laws relating to the town of North Adams when this act shall be accepted as herein provided, shall, until altered, amended or repealed, continue in force in the city of North Adams, so far as the same are not inconsistent herewith.
Section 60. All special laws heretofore passed concerning the fire district in the town of North Adams, which shall be in force in said fire district when this act shall be accepted, as herein provided. shall, so far as the same are not inconsistent herewith, be ex- tended to and continue in force in the city of North Adams until altered, amended or repealed.
Section 61. Upon the first day of January next after the ac- ceptance of this act, as herein provided, the North Adams Fire District in said town shall cease to exist, and all the property, powers and privileges of the said district shall vest in the city of North Adams, and all the debts, duties and liabilities of the said fire district shall become the debts, duties and liabilities of said city.
Section 62. The passage of this act shall not affect any right accruing or accrued, or any suit, prosecution or other legal pro- cerding pending at the time when this act shall go into operaton, and no penalty for forfeiture previously incurred shall be affected thereby. All persons holding office in said town or in the fire dis- trict in said town at the time this act shall take effect shall con-
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tinna to hold the same, notwithstanding the passage thereof, until the organization of the city government hereby authorized shall be effected and until the successors of such officers shall be res- poctively elected or appointed and qualified.
Section 63. The selectmen shall notify the persons elected at such first election, and shall provide and appoint a place for the first meeting of the mayor and city council on the first Monday in January next ensuing and shall by written notices left at their respective places of residence at least twenty-four hours prior to such meeting notify thereof the mayor-elect and councilmen-elect, who shall immediately proceed to organize and carry into effect the provisions of this act, which shall then have full force and effect. The selectmen shall, in like manner, appoint a place and time for the first meeting of the school committee and notify the members thereof. Nothing herein shall affect the annual meeting in said town for the election of national, state, district and county officers, which may be held next after the acceptance thereof.
Section 64. The question of the acceptance of this act may be submitted to the legal voters of said town at any time within two years after the passage thereof at an annual meeting or any meet- ing called for that purpose, except in the months of November and December. At such meeting the polls shall be open not less than eight hours, and the vote shall be taken by ballot in accord- once with the provisions of chapter four hundred and seventeen of the acts of the year eighteen hundred and ninety-three and acts in amendment thereof and in addition thereto, so far as the same shall be applicable, in answer to the question: "Shall an act passed by the general court in the year eighteen hundred and ninety-five, entitled 'an act to incorporate the city of North Adams,' be accepted ?" and the affirmative votes of a majority of the voters present and voting thereon shall be required for its acceptance. Tf at any meeting so held this act shall fail to be thus accepted, it may, at the expiration of three months from any such previous meeting, be again thus submitted, but not after the period of two years from the passage thereof.
So der $5. So much of this act as authorizes submission of the question of its acceptance to the legal voters of said town shall take ยท ffect upon its passage, but it shall not take further effect unless accepted by the legal voters of said town as herein provided. [ Approved March 22, 1895.]
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An Act to abolish The Board of Public Works of The City of North Adams, and For Other Purposes.
CHAP. 76. ACTS 1897.
Be it cnacted, etc., as follows:
Section 1. The board of public works of the city of North Adams is hereby abolished, and the powers and duties now exercised and discharged by said board, except the powers and duties exercised and discharged by the members of the board as overseers of the poor and commissioners of public burial places, shall hereafter be exercised and discharged by one commissioner of public works, who shall be appointed by the mayor without confirmation by the city council, during the current year upon the passage of this act, and thereafter on or before the first Monday in February in each year. IJe shall hold his office for the term of one year unless sooner removed from office by the mayor in the manner prescribed in section twenty-nine of chapter one hundred and forty-eight of the acts of the year eighteen hundred and ninety-five, and until his successor is appointed and qualified. He shall receive a salary of eighteen hundred dollars each year. A person not a citizen or resident of said North Adams may be appointed such commission- er or superintendent of outdoor work.
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