USA > Massachusetts > Middlesex County > Somerville > Report of the city of Somerville 1843-1859 > Part 14
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SECT. 22. No person shall construct any cellar or basement cellar of any dwelling-house or other
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building below the grade of thirteen feet above mean low water, which grade has been duly estab- lished in the City of Somerville by virtue of the authority conferred by chapter two hundred ninety- nine of the Statutes of the Commonwealth, for the year one thousand eight hundred and seventy-two, or use or occupy any such cellar constructed below the said grade after the establishment of said grade, as aforesaid, unless' licensed to construct or use a cellar below such grade by the Board of Aldermen.
SECT. 23. It shall be the duty of the Chief of Police, and under his direction, of the other members of the Police Department, to take notice of the construction of all cellars, and to keep a record of the construction, use, or occupation of any cellar in violation of this ordinance, or of the provisions of the aforesaid statutes, and to prevent such violation by all practicable means. The Chief of Police shall report any case of such violation to the Mayor, who may, in the name and in behalf of the City, sign all such papers, and take such steps and institute such proceedings as in his judgment may be required for restraining such violations and for enforcing the provisions of this Ordinance and of said statutes.
SEUT. 24. The City Engineer shall, at the request of the Mayor or Chief of Police, make the necessary measurements and levels, and certify to him whether any such cellar is below the grade specified in section twenty-two.
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SECT. 25. Any person who shall violate any of the provisions of this Ordinance shall be liable to a fine not exceeding twenty dollars, and a like penalty for every day such offence shall be continued or repeated, except where otherwise herein provided, or where a different penalty is provided by the laws of the Commonwealth.
No. 11.
AN ORDINANCE CONCERNING CERTAIN OFFICERS, AND PROVIDING FOR REMOVALS FROM OFFICE.
SECTION 1. The Mayor and Aldermen shall annually appoint a Sealer of Weights and Measures, who shall serve for one year, and until a successor shall be appointed and qualified in his stead.
SECT. 2. He shall have all the powers and per- form all the duties provided by the laws of the Commonwealth relative to the Sealing of Weights and Measures.
SECT. 3. The Sealer of Weights and Measures shall, at the time of sealing, furnish the keeper or owner of the weights or measures sealed a certif- icate of the date of sealing; said certificate shall be provided by the City, and be in such form as the Committee on Accounts shall determine.
SECT. 4. The Sealer of Weights and Measures,
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for the performance of the duties prescribed by the laws of the Commonwealth and this Ordinance, shall receive such compensation as shall from time to time be determined by the City Council.
SECT. 5. The Mayor and Aldermen are hereby authorized to appoint the following City Officers, to wit: field drivers, fence viewers, health officers, fish officers, surveyors of lumber, measurers of wood and bark, hay weighers, weighers of coal, measurers and sealers of leather and coal baskets, pound keepers, and such other officers as may be necessary or con- venient to the public.
SECT. 6. The Mayor and Aldermen shall annu- ally appoint a Messenger to the City Council, who shall hold his office for one year, and until another is appointed in his place, subject, however, to re- moval at any time by the Mayor and Aldermen.
SECT. 7. He shall attend to the opening and clos- ing of the various rooms of the City Hall, and shall have the care and charge of the same. He shall wait upon all committees and boards when in session at the City Hall, and, in general, shall perform all services pertaining to the business of the City re- quired by the Mayor, by either branch of the City Council, by such committees or boards, and by the City Treasurer and City Clerk, and shall receive such compensation as the City Council may from time to time determine.
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SECT. 8. All fees as witnesses in criminal cases, in cases in which the City is a party, or for any ser- vices in any criminal case, or in regard to the same, or for any services in behalf of the City, which may be allowed and taxed in behalf of, or which may be received by, the members of the Police Department or other officer of the City who receives a salary for his official services, shall be paid over to or received by the City; and the salary of any officer of the City shall be a full compensation to him for all services rendered by him in behalf of the City.
SECT. 9. The method of procedure in the removal of officers removable by the City Council shall be as follows: The petition, order, or other paper asking for such removal, or containing charges or inquiries against any officer, shall be referred to a joint special Committee, consisting of two Aldermen and five members of the Common Council. The Committee shall give a hearing forthwith to all parties inter- ested. They shall report to the branch of the govern- ment in which the proceedings originated.
SECT. 10. A convention or meeting of each branch of the City Council as may be required shall be held within one month after the receipt of such report for its consideration and determination. No testimony shall be heard in convention or in such meeting.
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No. 12.
AN ORDINANCE RELATING TO TIIE PUBLIC SCHOOLS.
SECTION 1. The School Committee are author- ized to elect and contract with all such instructors as they may deem proper for the Public Schools, and to determine the amount of their respective salaries; and generally they shall have all the powers in rela- tion to the care and management of the Public Schools which School Committees are authorized by the laws of the Commonwealth to exercise; and all pay-rolls approved by them, except for school teach- ers' salaries, shall be charged to school contingent.
SECT 2. The School Committee shall present to the Committee on Finance, in the month of February in each year, an estimate, in writing, of the expenses of the Public Schools for the current financial year, stating the amount required for salaries, for inciden- tal expenses, and for the alteration, repairs, and erec- tion of school-houses.
SECT. 3. The said Committee shall be the origi- nal judges of the expediency and necessity of hav- ing additional or improved accommodations for any Public Schools within the limits of the city; and whenever, in their opinion, a school-house is re- quired, or material alterations needed, they shall send a communication to the City Council, stating the locality and the nature of the further provisions for
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schools which are wanted. But no alteration or erection shall be made except by the order of the City Council.
SECT. 4. The Joint Standing Committee on Pub- lic Property shall make all the repairs or alterations necessary or proper on school-houses, and charge the expense thereof to the appropriation for School- House Repairs.
SECT. 5. The Joint Standing Committee on Fuel and Street Lights, shall, annually, purchase the Fuel for the Public Schools, and charge the ex- pense thereof to the appropriation for School Fuel.
SECT. 6. The Joint Standing Committee on Pub- lic Property shall have the letting of the halls in the several school buildings for objects other than school purposes, but never to the disturbance of the schools.
SECT. 7. The School Committee are authorized to choose a Superintendent of Schools (who shall not be a member of their board), in each year, and they shall have authority to define his duties, and remove him from office at any time, provided that a majority of all the members of the Committee shall vote there- for. Any vacancy occurring in the office of Superin- tendent may be filled by the Committee at any time.
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No. 13.
AN ORDINANCE CONCERNING TRUANT CHILDREN AND ABSENTEES FROM SCHOOL.
SECTION 1. Any of the persons described in sec- tion one, chapter two hundred sixty-two of an " Act concerning truant children and absentees from school," passed on the second day of May, in the year eighteen hundred seventy-three, upon convic- tion of any offence described in said act, shall be punished by commitment to the Institution of In- struction mentioned in the next section of this Or- dinance.
SECT. 2. The Lowell Institution for the Reforma- tion of Juvenile Offenders, at Lowell, County of Mid- dlesex, State of Massachusetts, is hereby assigned and provided as the Institution of Instruction or suitable situation mentioned in the third section of said act.
No. 14.
AN ORDINANCE CONCERNING MYSTIC LAKE WATER.
SECTION 1. The Somerville Mystic Water Board shall, as soon as practicable in each year, organize themselves into a Board, by the choice of a Presi- dent from their number.
They may make rules and regulations for their
5
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government and in relation to all subordinate officers by them appointed, provided .such rules and regula- tions shall not be inconsistent with the Ordinances of the City.
Said Board shall have and exercise all the powers conferred on the Water Committee of the Town of Somerville by section three of chapter two hundred and two of the acts of the year one thousand eight hundred and sixty-eight, and shall have entire con- trol of all pipes, gates, branches, and of such other structures as have been or may hereafter be erected by the City, except such hydrants as have been or shall be placed in the custody of the Fire Depart- ment.
No expenditures shall be made by the Water Board to exceed in the whole the sum appropriated therefor by the City Council. The Superintendent of the works shall semi-monthly on the fifteenth and last day of each month prepare pay-rolls of the day laborers on the works and present the same to the President of the Board, and on the last day of each month shall prepare pay-rolls for other labor and for materials contracted for by him and present the same with the bills to the Water Board, who shall examine and certify to said pay-rolls, if found correct, and also to the semi-monthly pay-rolls.
Said Board shall have power to appoint a Clerk and such subordinate officers, agents, and assistants as may be necessary, and to remove the same at pleasure, and may fix their compensation, provided that the amount of such compensation shall not ex-
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ceed, in the whole, the sum appropriated therefor by the City Council.
SECT. 2. The Board shall annually present to the City Council a report containing a statement of the condition of the pipes and other structures belong- ing to the Water Works in the City, and of all other property connected therewith, together with such other information and suggestions as they deem im- portant; and whenever requested shall prepare and send to the City Council a schedule of the water rates established and in force by the City of Boston.
SECT. 3. The President of the Board shall exer- cise a general supervision over the pipes and other structures appertaining to the Water Works, and the materials and property connected therewith, and over all subordinate officers and agents of the Board. In case of the absence or inability of the President, his duties may be performed by a president, pro tem- pore, to be chosen by the Board.
SECT. 4. By the terms of the contract between this City and the City of Charlestown, and while said contract shall remain in force, all persons in this City who take and use the Mystic water sup- plied to this City under said contract shall be gov- erned by the rules, regulations, and conditions estab- lished by the ordinances of the City of Charlestown and the City of Boston, so far as the same shall be applicable; and especially by the rules, regulations,
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and provisions contained in the following extracts from " An Ordinance of the City of Charlestown concerning the Charlestown Water Works and the use of Mystic Lake Water."
" All charges for specific supplies, or for fractional parts of the year, shall be payable in advance, and before the water is let on. In all cases of non-payment of the water rent for sixty days after the same is due the Clerk shall cut off the supply ; and the water shall not again be let on, either for the present or any subsequent occupant, except upon the payment of the amount due, together with the sum of two dollars ; provided, that in the case of specific supplies, or for fractional parts of the year, where the water has been let on, it may be cut off immediately after notice given at the place that the rent is not paid, and may be let on again upon the condition before mentioned. And the foregoing provisions shall apply when two or more parties take the water through the same service pipe, although one or more may have paid the pio- portion due from him or them.
" The Clerk, under the direction of the Water Board, may make abatements in the water rents in all proper cases.
" Any person who shall injure any public pipe or reservoir con- nected with the Charlestown Water Works, or who shall break and enter the same, or draw off or cause to be removed any of the water therefrom, or shall turn on or off the water in any such water pipe or reservoir, or shall make any opening or connection with such pipe or reservoir, or remove the cover of any hydrant, except in case of fire, without the license or permit of the Water Board, or by authority of the Mayor and Aldermen, or Chief Engineer of the Fire Department, shall forfeit and pay for cach offence not less than three, nor more than twenty dollars.
"The following regulations shall be considered a part of the contract with every person who takes the water; and every such person, by taking the water, shall be considered to express his assent to be bound thereby. They shall be printed upon every bill for water rent, and whenever any one of them is violated, the water
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shall be cut off from the building or place of such violation, although two or more parties may receive the water through the same pipe, and shall not be let on again, except by order of the Water Board, and on the payment of two dollars ; and in case of such violation, the said Board shall have the right to declare any payment made for the water by the person committing such violation to be for- feited, and the same shall thereupon be forfeited."
The said regulations are as follows : -
" First, - All persons taking the water shall keep the service pipes within their premises, including any area beneath the side- walk, in good repair and protected from frost, at their own expense ; and they will be held liable for all damages which may result from their failure to do so.
" Second, -They shall prevent all unnecessary waste of water ; and there shall be no concealment of the purposes for which it is used.
" Third, -No alteration shall be made in any of the pipes or fixtures inserted by the City, except by its agents, who are to be allowed to enter the premises supplied to examine the apparatus, and to ascertain whether there is any unnecessary waste.
" Fourth, - No water is allowed to be supplied to parties not entitled to the use of it under the City Ordinances unless by special permission.
" Fifth, - The Clerk or Superintendent may enter the premises of any water taker to examine the quantity used and the manner of use.
" The owner or occupant of any premises where an unnecessary waste of water occurs shall be liable to a fine of two dollars, and shall be notified thereof in writing ; and if such waste shall not be prevented, and the fine aforesaid paid within two days from the time when said notice is given, the water shall be cut off from the said premises, and shall not be again let on until the waste is stopped and the fine paid, together with an additional sum of two dollars for cutting off and letting on the water; and in case of a second offence during the same year, a fine of four dollars shall be imposed, and if not paid as before mentioned, the water shall be cut off, and not let on again till the cause of complaint is removed,
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and the fine paid, together with two dollars for cutting off and letting on the water ; and in case of a third or subsequent offence, the water shall be cut off, and shall not be again let on, except by a vote of the Water Board and the payment of such fine, not exceeding ten dollars, as the said Board may impose.
" The following rates shall be charged annually for the use of the water ; viz -
" Every dwelling-house occupied by one family, $6, and $2 each for every additional family ; also, $1 on every $1,000, or fraction of a thousand above $1,000 tax valuation. In addition to the fore- going rates there shall be charged to each dwelling in which a pan or self-acting water-closet or bathing tub is used the sum of $5 ; and in which a hopper water-closet is used the sum of $8 annually.
" Model houses, so called, shall be charged for each tenement having water fixtures within the same $3 annually ; and $3 in addi- tion for each pan or self-acting water-closet or bathing tub used ; and $6 in addition for each hopper water-closet used; for each tenement not having water fixtures within the same, but taking the water from general fixtures used in common with other tenements, $2 annually.
" The following rates for the use of the water in buildings used and occupied for offices shall be charged ; viz. for each office having water fixtures within the same, $5 annually ; and for each office taking water from fixtures used in common with other offices, $2 annually.
" And in addition to these rates, there shall be charged for each pan or self-acting water-closet, $3, and for each hopper water- closet, $8 annually.
"Hotels, taverns, and boarding-houses (said boarding-houses being valued for the assessment of taxes over $8,000), not including water for baths or for uses without the house, shall be charged for each bed for boarders and lodgers within the same, $3. Provided that in no case shall any hotel, tavern, or boarding-house be charged less than if a private dwelling-house.
" For each tenement occupied as a store, warehouse, office, shop, or for purposes not included in any other classification, and not requiring more than an ordinary supply of water, $6 to $25.
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For each water-closet, more than one, supplied for the above, $5 additional. And for each urinal, wash-hand basin, or sink, or more than one, $2.50 additional.
" Private stables, including water for washing carriages, $6. And for each horse over two, $3. Livery stables, including water for washing carriages for each horse, $3.
"Omnibus stables, for each horse, $1.50.
" Truckmen's stables, for each horse, $1.25. Provided, that in no case shall any stable be charged less than $5.
" The right to attach a hose, if not more than five eighths of an inch orifice, for washing windows, sprinkling streets or gardens, or for use in stables, in addition to the charge for other uses, not less than $3; and use of the same shall be limited to one hour per day.
" Refectories, confectioneries, eating-houses, market and fish stalls, provision shops, refreshment and oyster saloons, according to the quantity of water used, from $8 to $50.
" Public baths, for each tub, $5.
" Every printing office, according to the number of presses used, not including the supplying of a steam engine, from $6 to $40.
" Stationary steam engines, working not over ten hours a day, shall be charged by the horse power, as follows : for each horse power up to, and not exceeding ten, the sum of $10; for each exceeding ten, and not over fifteen, the sum of $8; for each horse power over fifteen, the sum of $6.
" Every railroad corporation, for supply of locomotive engines according to the quantity used, as ascertained by meters, or otherwise, and also for supply of passenger stations.
" Steamboats shall be charged upon the estimated quantity of water consumed, and at the same rate as charged for manufac- turing purposes ; Provided, however, that no water shall be allowed for washing purposes, except by special permission from the Water Board, under a penalty of $10.
" For building purposes, for each cask of lime or cement, seven cents.
" Fountains are only to be supplied with water at the discre- tion of the Water Board, and shall be charged upon the estimated
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quantity used each day, for each one hundred gallons' daily con- sumption, $5.
" Bakeries. For the average daily use of flour, for each barrel, the sum of $3 per annum ; Provided, that in no case shall any bakery be charged less than $6.
" Manufacturing and all other business requiring a large supply of water, shall be charged therefor as follows : for the first 5,000 gallons' daily use, at the rate of three cents per 100 gallons.
" For the quantity in excess of 5,000 and up to 12,000 gallons' daily use, at the rate of two cents per 100 gallons.
" When the daily quantity used exceeds 12,000 gallons, the price of such excess shall be fixed by the Water Board. In all cases where the consumption of Water is ascertained and com- puted by meters, the Clerk shall render bills quarterly, and suck bills shall be paid within TEN DAYS THEREAFTER.
" Whenever two or more dwelling-houses, or other estates, are valued together for the assessment of taxes, it shall be the duty of the Clerk, under the direction of the Water Board, to make a separate valuation of the same; and whenever a portion only of any estate is justly chargeable for any water rate, it shall be the duty of the Clerk to make a proper valuation of said portion ; and the water rates hereinbefore provided shall apply to such valuations respectively.
" The Water Board shall have power to ascertain by meters the quantity of water used in any case ; and the proprietors or persons having charge of hotels, taverns, and boarding-houses, mentioned in the twenty-second section of this Ordinance, shall also have power to place within their premises, at their own expense, a sufficient water meter, to be approved by the Clerk, for the pur- pose of measuring the quantity of water by them respectively used. And when in any case the quantity used shall be ascer- tained and measured, in manner before mentioned, the Water Board may establish a water rate therefor, instead of the specific rate hereinbefore established.
"Provided, however, that the said rates shall in no case be less than that hereinbefore directed to be charged to brewers, distillers, and other business requiring a large supply for uses not specified under specific regulations.
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" The Water Board shall have power to establish such regulations as they may deem expedient for the construction of water-closets hereafter; and the water shall not be supplied to any building unless the said water-closets shall be made conformable to the said regulations.
" No charge shall be made for the right to insert a pipe of not more than one inch in diameter at the expense of the water taker, and to be used only in case of fire."
SECT. 5. Any person who shall break, or in any manner injure any pipe, hydrant, or structure be- longing to the City, or do any act whereby the pipes or other fixtures of the Water Works in the City shall suffer injury, or obstruct, or in any way interfere with the flow of water through the same, shall be punished by a fine of not less than twenty dollars.
No. 15.
AN ORDINANCE RELATING TO THE FIRE DEPART- MENT.
SECTION 1. A Fire Department is hereby estab- lished, and it shall consist of a Chief Engineer, four Assistant Engineers, and of as many Steam Engines, Hose, and Hook and Ladder Companies as the City Council shall from time to time determine.
Each Steam Fire Engine Company shall consist of fourteen men, and shall be organized as follows: a Foreman, Assistant Foreman, Engineer, Fireman, Driver, Driver of Hose Carriage, and eight Hosemen.
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Each Hose Company shall consist of ten men, who shall be organized as follows: Foreman, Assistant Foreman, Driver, and seven Hosemen.
Each Hook and Ladder Company shall consist of twenty men, who shall be organized as follows: Fore- man, Assistant Foreman, Driver, seventeen Ladder and Axemen.
SECT. 2. The Mayor and Aldermen shall, annu- ally, on the first Monday of February, or during that month, appoint the Chief and Assistant En- gineers, who shall hold their respective offices for one year from the first Monday of March in the year in which they are appointed, and, unless sooner removed, until their successors shall be appointed and enter upon the duties of their office.
All vacancies for any unexpired time may be filled at any time. The rank of the Assistant Engineers shall be determined by their appointment as first, second, third, and fourth assistant engineers.
The Mayor and Aldermen shall, annually, on the first Monday of March, or as soon thereafter as they may deem expedient, and from time to time, appoint the other officers and members of the Department, who shall hold their respective offices and places, except as hereinafter provided, until they shall be discharged or removed, or until others are appointed in their places.
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