USA > Massachusetts > Norfolk County > Plainville > Plainville, Massachusetts annual reports 1951-1959 > Part 62
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Section 6. No article in the warrant shall again be taken under consideration after it has been disposed of by vote, unless ordered by a vote of two-thirds of the voters present and voting.
Section 7. No motion, the effect of which would be to dissolve a Town Meeting, shall be in order until every article in the warrant has been duly considered and acted upon, but this shall not preclude the postponement of action on or consideration of any article to an ad- journment of the meeting to a stated time.
Section 8. A vote to accept the report of a Special Committee shall place the report before the meeting, but shall not discharge the Committee. A vote to adopt or reject a report of a Special Committee with, or without amendment, shall discharge the Committee.
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Section 9. At any Town Meeting held for the transaction of Town business, if the Moderator, or a vote of the meeting so orders, no person whose name is not on the list of voters shall be admitted to the floor of the hall, and such order may be enforced by the use of a check list, but the same shall not apply to the state election, primaries, or Town Meetings for the election of Town Officers, or be construed to prohibit press reporters from the meeting. The Moderator shall de- termine the bounds of the hall.
Section 10. No person shall speak for more than five minutes for the second time on any subject if there are any other citizens who de- sire to be, but have not been, heard on the same subject, without first obtaining leave of the meeting.
Section 11. Any report, resolution or motion shall be reduced to writing before being submitted to the meeting, if it is so requested by the Moderator.
ARTICLE III Town Finance and Administration
Section 1. At the Annual Town Meeting there shall be chosen an Advisory Committee to consist of the Chairman of Selectmen, and Town Treasurer, together with five other legal voters of the town to serve for one year and said Committee shall have the power to fill any vacancy occurring in the Committee.
Section 2. The Chairman of Selectmen shall annually call the Committee together for organization within thirty days after the close of the Annual Town Meeting.
Section 3. It shall be the duty of the Finance Committee to con- sider all articles in any Warrant for a Town Meeting which call for the appropriation of money, and to recommend appropriate action to the voters of the Town. The Committee shall investigate the cost of main- tenance and the expenditures of the different departments of the Town service, and recommend in detail the amount to be appropriated for each department for the ensuing year.
Section 4. The Town Departments shall submit to the Selectmen on or before January first, each year, an estimate of the expenditures for the ensuing year which shall specify the amount estimated for (1) Salaries and wages, (2) Other department costs, (3) New equipment, if any, together with a tabulated expenditure of the past year.
Section 5. On or before January fifteenth of each year the Board of Selectmen shall present to the Committee an estimate of the expen-
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ditures of each department for the ensuing year, together with the tab- ulated expenditures of the two preceding years. Copies of all petitioned articles to be inserted in the warrant shall be transmitted to the Finance Committee on or before January first.
Section 6. The Finance Committee shall at least seven (7) days prior to the holding of the business session of an annual or special Town Meeting make public its recommendations regarding the articles to be considered at said meeting. In making its recommendations for the operation of all Town departments the Committee shall specify the amount recommended for (1) Salaries and wages, (2) Other department costs, (3) New equipment, if any.
Section 7. The Board of Selectmen shall within ten days of re- ceipt of the report of the State Audit of the municipal accounts trans- mit a copy thereof to the Finance Committee Chairman. Such report shall be available to all members of the Committee.
Section 8. Any transfer from the Reserve Fund shall be made by a majority vote of the Finance Committee, but only after due consid- eration of the request indicates that the transfer is for extraordinary or unforeseen expenditures.
Addendum to Section 1. The Moderator shall appoint a Commit- tee of five (5) to bring in the names of at least eight (8) legal registered voters of the Town for nomination to the Finance Committee and fur- ther nominations can come from the floor after which a Committee of five (5) shall be chosen by a ballot vote for the term of one (1) year.
ARTICLE IV Town Officers and Records
Section 1. All Town Officers shall turn over to their successors in office, at the expiration of their term of office, all books, papers, doc- uments, or other property in their custody belonging to the Town and not necessary for the immediate use of their respective departments; and these shall be deposited in the Town Clerk's vault, unless otherwise provided by law.
Section 2. Each officer, board or committee of the Town shall annually file with the Selectmen a full and comprehensive statement of all its acts, a review of its condition, a financial statement and estimate of the appropriation needed for the ensuing year.
Section 3. The Selectmen before the annual Town Meeting shall, at the expense of the Town, print the annual Town report for the use of the inhabitants, and in addition to the departmental reports for the
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municipal year and other reports and matters required by law, the book shall contain:
(A) A complete list of the Town Officers with expiring date of office, and showing the organization of the different boards.
(B) Copies of the warrant for the annual and special Town Meet- ings held during the year, together with the minutes of the Town Clerk, showing the action taken at each meeting, and a copy of the warrant for the annual Town Meeting for the ensuing year.
(C) A report of all claims that are outstanding and all suits of which the Town is a party.
(D) A list of what betterments have been assessed during the municipal year.
(E) A report of what corporations have been granted franchises by the Town during the municipal year, with a copy of the franchise.
(F) A tabulated statement showing the object of each appropri- ation for the year, the amount appropriated, the amount expended, the balance unexpended or the amount overdrawn, if any, in each instance, and an itemized list of all unpaid bills and obligations.
(G) A classified statement of all expenditures and receipts of the Town in detail, so as to give a fair and full exhibit of the objects and methods of all expenditures.
Section 4. Officers, boards and committees submitting an annual report shall file the same with the Selectmen at least by January fif- teenth previous to the annual town meeting.
Section 5. All town officers, boards and committees shall notify the Town Clerk of their organization and of their office hours or times of stated meetings.
Section 6. No officer of the town shall, in his official capacity, make or pass upon or participate in making or passing upon, any sale, contract, or agreement or the amount or terms of any payment in which the Town is interested and in which such officer has any personal finan- cial interest, direct or indirect.
Section 7. No Town Officer and no salaried employee of the town or any agent of any such officer or employee, shall receive any com- pensation or commission for work done by him for the Town, except his official salary and fees allowed by law without the permission of the Selectmen expressed in a vote which shall appear on their records with the reason therefor.
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Section 8. No contract involving an obligation of the Town ex- ceeding the sum of ($500.00) shall be binding upon the Town unless it is in writing and is signed by at least a majority of the board or com- mittee duly authorized or having control of the appropriation against which such obligation is incurred, and such board or committee shall make a record of every contract in a book which shall be the property of the Town. No contract or preliminary plans and specifications therefor shall be split or divided for the purpose of evading the pro- vision of this section.
Section 9. Every officer or board in charge of a department, and every committee of the Town, when authorized to purchase any sup- plies or property, or to do any public work, or erect, construct or re- pair any building, the cost of which exceeds Five Hundred ($500.00) Dollars, shall make a written contract therefor; and before executing any such contract, shall invite proposals therefor by advertising in one or more newspapers circulated in the Town of Plainville, such notice or proposals to state the time and place for opening proposals, and re- serving the right of such officer or board or committee to reject any or all bids or proposals.
Section 10. Every board or officer in charge of a department may, with the approval of the Selectmen, sell any personal property or ma- terial not required by such department not exceeding Three Hundred ($300.00) Dollars in value.
Section 11. Whenever any written contract is required by these by-laws it shall be approved by the Town Counsel and filed with the Town Treasurer.
Section 12. Except as otherwise provided by General Laws, whenever any contract with the Town is for One Thousand ($1,000.00) Dollars or more a bond or other security for the faithful performance of the provisions of such contract shall be required.
The amount of such bond or security shall be for an amount not less than the full contract price and all security shall be subject to the approval of the officer, agent, board or committee making such contract in behalf of the Town.
Section 13. No money shall be paid from the Town Treasury ex- cept the State and County Taxes, and notes and bonds and interest thereon, without a warrant therefor signed by the Selectmen or a ma- jority of them.
Section 14. All monies received by any department, or individual, from any source whatever, on account of the Town, shall be paid to
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the Town Treasurer who shall give a receipt therefor, and the same shall be credited to the account to which it belongs.
ARTICLE V
Selectmen
Section 1. The Selectmen shall have the general direction and management of the property and affairs of the Town in all matters not otherwise provided by law or by these by-laws.
Section 2. The Selectmen shall make, from time to time, such rules and regulations for the government, management and disposition of the police as they may deem expedient.
Section 3. The Selectmen shall have full authority as agents of the Town, acting upon the advice of the Town Counsel, to settle any claims or suits against the Town which in their judgment cannot be successfully defended.
Section 4. The Selectmen may appear in the interest of the Town, either personally or by the Town Counsel or by special counsel, before any court, committee, or any State or County Board or Commis- sion; they shall have full authority as agents of the Town, acting upon the advice of Town Counsel or Special Counsel, to institute and prose- cute any and all necessary suits and proceedings in favor of the Town, and to appear and defend any and all suits and legal proceedings against or involving the Town's interest, except as it is otherwise pro- vided by law.
Section 5. All conveyances of land or interests in land or other Town property which may hereafter be authorized by a vote of the Town, or otherwise, shall be signed by a majority of the Board of Se- lectmen, unless otherwise provided by law or by vote of the Town, and shall be sealed with the Town seal.
Section 6. The Selectmen shall, immediately after every Town meeting at which any person is chosen or appointed to Town Office, file with the Town Clerk a list of such choice or appointment.
Section 7. The Selectmen shall designate one of its members as clerk who shall enter all its records, orders and proceedings in a bound book, which shall be placed in the custody of the Town Clerk, and shall be open to the inspection of any person at reasonable times.
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ARTICLE VI
Treasurer
Section 1. Before entering upon the duties of his office the Town Treasurer shall give bond to the Town, with good and sufficient surety, to be approved by the Selectmen. Said bond shall be upon condition that said Treasurer shall well and faithfully discharge the duties of his office during any and every period of his incumbency thereof.
Section 2. The Treasurer shall be the custodian of all fiduciary bonds except as hereafter provided, of all notes, bonds and coupons which have been paid, and all deeds, conveyances, releases and policies of insurance.
Section 3. The Treasurer shall keep a record of amounts and expirations of all policies of insurance and shall notify the Selectmen not less than ten days before such policies expire.
Section 4. The Treasurer shall make an annual report which shall contain a statement of the amount of the money received and paid out by him during the year; a full exhibit of all the monies, properties and securities which may be placed in his charge by virtue of a vote of the Town or of any Statutes or By-Laws, or by virtue of any gift, de- vise, bequest or deposit; a list of all notes issued during the year show- ing the purpose for which money was borrowed and giving the date, term, rate of interest, time of maturity, and the premium, if any, re- ceived thereon; a list of all notes paid during the year, and a list of all outstanding notes, with dates on which they mature. His report, how- ever, need not contain such details as are required by law to be shown in the report of the Town Accountant.
ARTICLE VII Town Clerk
Section 1. Before entering upon the duties of his office the Town Clerk shall give bond to the Town, with good and sufficient surety, to be approved by the Selectmen. Said bond shall be upon the condition that said Town Clerk shall well and faithfully discharge the duties of his office during any and every period of his incumbency thereof.
Section 2. The Town Clerk shall keep a file of all Town reports, reports submitted by all committees chosen by the Town, and all origi- nal documents relating to the affairs of the Town which come into his custody. He shall suitably index all such reports and all records of the Town in his custody in manner convenient for reference and ex- amination.
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Section 3. The Town Clerk shall have stated weekly hours for the transaction of business and shall give public notice thereof.
Section 4. The Town Clerk shall furnish for use of the voters at the Town meeting, perforated "Yes" and "No" ballots with letters not less than one-half inch high for use under the direction of the Mod- erator, as provided under Article II, Section 5, of these By-Laws, and he shall also provide regular voting lists for use at Town Meetings.
Section 5. The Town Clerk may employ a competent stenogra- pher, who shall be sworn and shall be present at and take in shorthand the entire proceedings of every Town Meeting to assist the Town Clerk in obtaining and retaining the proper record of proceedings. The sten- ographer shall transcribe his notes of such proceedings and deliver them to the Town Clerk within ten days of the meeting, and said notes shall be filed as part of the records of the Town.
Section 6. The Town Clerk shall be responsible for the bonds of the Town Treasurer unless other provision is provided by Law.
ARTICLE VIII
Accounting and Auditing
Section 1. There shall be an audit of the Town accounts under the supervision of the Director of Accounts in the Department of Cor- porations and Taxation in accordance with the provisions of Section 35, Chapter 44, of the General Laws, or any acts in addition thereto or in amendment thereof.
Section 2. The Town Accountant, if any, shall, in his annual re- port, in addition to such matters as are required by law, furnish a con- densed statement of the financial condition of the Town and financial transactions for the year covered by such report.
ARTICLE Collector of Taxes
Section 1. Before entering upon the duties of his office the Col- lector of Taxes shall give bond to the Town, with good and sufficient sureties, to be approved by the Board of Selectmen. Said bond shall be upon the condition that said Collector of Taxes shall well and faithfully discharge the duties of his office during any and every period of his incumbency thereof.
Section 2. The Collector is authorized to use all means for col- lecting taxes which a Town Treasurer, when appointed a Collector may use,
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Section 3. The Collector shall pay all money collected to the Town Treasurer within seven (7) days from the time such taxes are placed in his hands.
ARTICLE X
Assessors
Section 1. The Board of Assessors shall, in the year 1959 and every fifth year thereafter, publish a list of the real estate and personal property assessed for that year, with the valuation of the same.
ARTICLE XI Town Counsel
Section 1. The Board of Selectmen shall annually in February, and whenever a vacancy shall exist, choose some competent lawyer to act as Town Counsel. He shall be paid such compensation as the Town shall determine. The Selectmen may remove him at pleasure. His term of office shall continue until the appointment and acceptance of his successor.
Section 2. The Town Counsel shall, when required by the sev- eral Town Officers, boards and committees, furnish a written opinion on any question that may be submitted to him in regard to any matter that concerns the Town or them as Town Officers, and he shall at all times furnish legal advice to any officer of the Town who may require his opinion upon any subject with reference to the duties encumbent upon such officer by virtue of his office.
Section 3. The Town Counsel shall, unless otherwise directed by the Selectmen, prosecute all suits ordered to be brought by the Town, or defend suits brought against the Town or its officers in their official capacity. He shall, when requested by the Selectmen, appear before any tribunal, whether in law, equity or otherwise, or before any board, referee, committee, commissioners, arbitrators or any tri- bunal in matters in which the Town may be a party, or in which the Town may be interested. For such service he shall receive suitable compensation as determined by the Board of Selectmen.
Section 4. The Town Counsel shall prosecute in behalf of the Town, in the local district court, all cases for the violation of the statutes, or of these By-Laws, when requested in writing by any board or officer of the Town so to do. For such service he shall receive suit- able compensation as determined by the Board of Selectmen.
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Section 5. The Town Counsel shall draw all bonds, deeds, leases, obligations, conveyances and other legal instruments or approve the same.
Section 6. ' The Town Counsel shall annually make a written report to the Board of Selectmen, to be printed in the annual Town report, concerning the professional services rendered by him during the preceding year. Said report shall contain a statement of each case or claim which has been tried, settled or otherwise disposed of by him during the year, and also a statement of each case which is still pend- ing and the status of the same insofar as the facts may be properly published, together with such other information and recommendations as he may deem advisable.
ARTICLE XII Electrical Wiring
Section 1. General. The Inspector of Wires appointed in ac- cordance with General Laws (Ter. Ed.) Chapter 166, Section 32 and Acts of 1932, Chapter 282, Section 26, shall have control of the super- vision and inspection of electrical wiring and shall enforce all By- Laws, and regulations that relate thereto.
Section 2. Permits. Before any person, firm or corporation shall install any electrical wiring, said person, firm or corporation shall make application to the Selectmen's Office for a permit for that purpose, pay a fee of One ($1.00) Dollar, and shall file with the inspector of wires such information or specifications as may be required.
No permit will be required to execute the following classes of electrical work:
The installation, alteration or repair of electrical equipment in- stalled by or for an electric utility company for the use of such com- pany in the generation, transmission, distribution or metering of elec- tricity.
The replacing or electrical lamps or repair of electrical equipment and appliances which are plugged into a permanently installed elec- trical outlet.
For emergency repairs and maintenance of electrical wiring in es- tablishments where a licensed electrician is employed continually on the premises.
Section 3. Inspections. When any work is complete or ready for inspection, the inspector of wires shall be notified.
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If, upon inspection, the work is found to comply with the require- ments of this by-law and all applicable State Law, approval shall be given by the inspector of wires authorizing the electrical utility com- pany for the connection to the electrical service lines and the energiz- ing of the wiring installations, but if the work is defective, all defects shall be remedied before such an approval is issued.
Section 4. Penalty. Whoever violates any provisions of this By- Law shall be liable to a penalty not exceeding Twenty ($20.00) Dollars.
ARTICLE XIII Hawkers and Peddlers
Section 1. No person shall go from place to place in this Town selling or bartering, or carrying or exposing for sale or barter, any fruits, vegetables, fish or other goods, ware or merchandise, except as provided in Sections 16 and 17 of Chapter 101 of the General Laws, or otherwise provided for in these By-Laws, in or from any cart, wagon or other vehicle, or in any other manner, without a license therefor from the Selectmen, provided, however, that this section shall not apply to any person who sells only fruit or vegetables produced by himself or his family.
Section 2. The Board of Selectmen shall have authority to grant such license to any person of good repute for morals and integrity who is, or has declared his intention to become a citizen of the United States. Such licenses unless sooner revoked by the Board of Selectmen, shall expire on the 30th day of April next after granting the license thereof, and each person so licensed shall pay therefor the sum of Five ($5.00) Dollars.
Section 3. No hawker or peddler shall sell, or offer or expose for sale, any of the articles enumerated in Section 17, Chapter 101 of the General Laws, or in any acts in amendment thereof or in addition thereto, until he has recorded his name and residence with the Board of Selectmen or such other board or officer as may be designated by the Selectmen. Every person licensed under the provision of Section 1 of this Article as a hawker or peddler of fruit, vegetables, fish, or other merchandise shall record his name and residence in like manner with such board or officer.
Section 4. No person hawking, peddling, or carrying or expos- ing for sale any article shall cry his wares to the disturbance of the peace and comfort of the inhabitants of the Town, nor shall carry or convey such article in any manner that will tend to injure or disturb
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the public health or comfort, nor otherwise than in vehicles and re- ceptacles which are neat and clean and do not leak.
Section 5. Every hawker and peddler licensed by the Board of Selectmen shall be assigned a number and shall be provided by the Board of Selectmen with a badge which shall be conspiculously worn by him, and every other hawker and peddler as described in Section 3 shall provide himself with a badge of such type and design as may be approved by said Board of Selectmen, which he shall wear 'in like manner.
Section 6. Every vehicle or other receptacle used by a licensee as a conveyance for articles offered or exposed for sale by him shall bear the name of the licensee plainly inscribed or painted on the body of the vehicle and shall have attached thereto on each side a number plate, to be furnished by the Town with his license number, bearing the number and date of expiration of such license and word Plainville.
Section 7. No person shall be registered or assigned a badge or number under the provisions of Sections 3 and 5 of this Article, until he presents a certificate from the sealer of weights and measures stat- ing that all weighing and measuring devices intended to be used by such person have been duly inspected and sealed as required by law. The use of, or possession by such person with intent to use, any false or unsealed weighing or measuring devices shall be sufficient cause for the revocation of his license or the cancellation of his registration.
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