USA > Massachusetts > Berkshire County > North Adams > North Adams city directory 1905 > Part 4
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affirmative votes of a majority of all the members of the city council shall be necessary for its passage. Every such ordinance, order, resolution or vote shall be read twice, with an interval of at least three days between the two readings before being finally passed and the vote on its final passage shall be taken by roll call: provided, however, that upon and after the written recommenda- tion of the mayor, the city council may pass such ordinance, reso- lution or vote upon the same day, by a two-thirds yea and nay vote.
Section 25. At any meeting of the city council it shall be in order for any member thereof to give written notice, seconded in writing by a majority at least of all the members of the council, of his in- tention to move at the next meeting thereof, occurring within not less than ten days, a resolution that the mayor be removed for offi- cial misconduct or neglect of duty. Such notice shall specify as particularly as possible the acts of misconduct or the instances of neglect of duty complained of, shall be entered at large by the clerk in the minutes of the council, and the clerk shall, within two days, serve a copy on the mayor and mail a copy to each of the members of the council at his residence. At such next meeting of the council the mayor shall have the right to speak in his own defence and to be heard by counsel. The vote on the resolution shall be by roll call. If the resolution fails to receive the affirma- tive votes of three-fourths of all the members of the council it shall have no effect and shall not be re-introduced during that meeting of the council. If it receive the affirmative votes of three- fourths of all the members of the council it shall, upon the re- cording of such vote, take effect, and the office of mayor shall thereupon become vacant. The council shall thereupon order a warrant for a new election for mayor to be issued, and such fur- ther proceedings shall be had as are provided in section five of this act in case of a failure to elect a mayor.
Section 26. No member of the city council shall during the term for which he is elected, hold any other office in or under the city government, have the expenditure of any money appropriated by the council, or act as counsel in any matter before the council or any committee thereof; and no person shall be eligible for ap- pointment to any municipal office established by the council durin any municipal year within which he was councilman, until the ex- piration of the succeeding municipal year.
Section 27. Every ordinance, order, resolution or vote of the city council, except such as relates to its own internal affairs, to its own of'icers or employes to the election or duties of the auditor of accounts and any city clerk, to the removal of the mayor or to
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the declaration of a vacancy in the office of mayor, shall be pre- sented to the mayor for his approval, and like proceedings shall be had thereon as are in such case provided by the general laws relating to cities
TITLE 4. EXECUTIVE DEPARTMENT.
Section 28. The executive powers of the city shall be vested solely in the mayor, and may be exercised by him either person- ally or through the several officers and boards of the city in their departments, under 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 Monday in January following his election unless sooner re- moved, 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 otherwise provided, remove from office by written order any offi- cor so appointed hereunder, for any cause which he shall in his official discretion 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 solicior, to act as mayor or in case of failure of the mayor to make such designa- tion. the above mentioned officers in the order above named, then performing the duties of his office, shall "act as mayor. Such officer shall during the continuance of such disability have all the rights and powers of mayor, except that he shall not when so act- ing have the power of removal, unless thereto in any instance au- thorized by vote of the city council, nor any power of appoint- ment unless such disability of the mayor has continued for a period of thirty days, and then subject to the approval of the city coun- cil, nor power to approve or disapprove any ordinance, order, reso- lution or vote until within twenty-four hours of the time when it
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would take effect withou. 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 exist 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 possess all rights and powers of mayor during such vacancy, ex- cept that when so acting as mayor he shall not have the power of appointment or removal unless thereto in any instance authorized by vote of the council.
TITLE 5. SCHOOL DEPARTMENT.
Section 32. The management and control of schools of said city shall be vested solely in a school committee, consisting of six members 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 the term of one year, beginning with the first Monday in January then next ensuing. and thereafter two members at large of the school com- mittee 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 large whose term then expires. The school committee shall at its first meeting in each municipal 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 re- quired in order to elect.
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 offce until the first Monday in June next en- suing, unless sooner removed, and until his successor is chosen and qualified, and he may be removed at any time by the school committee by a majority of its members. The school committee shall, in case of a vacancy in their number, forthwith notify the - city council, and the council shall call a joint convention of the members thereof and of the school committee, and at such conven- tion the vacancy shall, by a 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
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is issued and at such election the vacancy shall be filled for the remainder, if any, of the unexpired term, in the same manner as the member wh se office is vacant was elected. The school com- mittee shall fix and establish the compensation of all persons em- ployed 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 ly law and hereinafter prescribed by them respectively, and such further duties not inconsistent with the nature of their res- pective offices as the city council may prescribe: I. A board of public works, consisting of three persons, who shall also be over- seer of the poor and commissioners of public burial places. II. A city treasurer, who shall also be the collector of taxes. III. A city solicitor. 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 bookkeeper, 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 begin- ing with the first Monday in February, unless sooner removed, and until their respective successors, or in case of boards, until a ma- jority of the members thereof, are appointed and qualified; provid- ed, however, that the appointment of the chief of police shall not be for any specified time, but shall hold good until his death, re- signation or removal by the mayor, who shall have power to re- move him for incompetency or cause. 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 publier works . shall: .. appoint a superintendent of outdoor work who shall hold no other. municipal office and a superintendent of the water works, neither of whom shall be of their own number, and who shall severally hold their offices for one year unless sooner removed by said board, and until their respective successors 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
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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 journal of all votes and proceedings. He shall engross all the ordinances passed by the city council, in a book provided for that ruipose and shali add proper indexes, which book sha .. be deemed a public record of such ordinances. He shall perform such other duties as are required by law or shall be prescribed 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 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- moves of a bill, pay roll or demand, he shall endorse it with his ertificate of approval and shall cause an abstract of the same to e 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 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 gone" 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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ornim: utal 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 cach, 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- eu, 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- ing. 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 chall 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 re'mhursed 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 Ly 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 office' 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 proper.y as shall be under the control of the school committe., 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 aproved 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.
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