USA > Massachusetts > Middlesex County > Chelmsford > Town annual report of Chelmsford 1956 > Part 15
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200
ANNUAL TOWN REPORT
Transferred to Overpayment to be refunded 42.60
$ 13,520.01
Payment to Treasurer $ 12,125.11
Abated by Assessors 1,197.70
Outstanding January 1, 1956
197.20
$ 13,520.01
REAL ESTATE FOR 1956
Committed by Assessors
June 30, 1956 $892,830.16
Committed by Assessors
August 3, 1956 490.78
Committed by Assessors
September 14, 1956 120.60
Committed by Assessors
November 14, 1956
40.20
Refunded
$
3,707.50
$897,189.24
Cash Paid to Treasurer $846,570.49
Abated by Assessors
33,917.14
Outstanding Dec. 31, 1956
16,244.31
Cash in Office
457.30
$897,189.24
MOTOR VEHICLE EXCISE TAXES 1955
Outstanding as per list Jan. 1, 1956 .. $
2,763.60
Committed by the Board of Assessors in 1956
6,749.30
Refunded after payments
887.28
$ 10,400.18
Cash paid to Treasurer $ 8,788.41
Abated by Board of Assessors
1,535.27
Outstanding Dec. 31, 1956
76.50
$ 10,400.18
MOTOR VEHICLE EXCISE TAXES 1956
Committed by the Board of Assessors
14 Committments $145,417.01
Refunded after payment 8,766.60
$154,183.61
$893,481.74
201
ANNUAL TOWN REPORT
Cash paid to Treasurer
$135,501.75
Abated by the Board of Assessors
9,728.27
Outstanding Dec. 31, 1956
8,953.59
$154,183.61
REPORT OF THE TOWN TREASURER
For the Year Ending December 31, 1956
Balance on Hand January 1, 1956 $ 254,574.19
Receipts for year 1956
2,306,460.54
$2,561,034.73
Paid out on 104 Warrants ap-
proved by the Board of Selectmen and Town Accountant $2,330,335.53
Balance on hand December 31, 1956 230,699.20
$2,561,034.73
RECONCILLIATION OF TREASURER'S CASH
ON DEPOSIT IN
Union National Bank $143,459.46
Middlesex County National Bank 105,263.39
Second Bank-State Street Trust Co.
1,000.00
First Federal Savings and Loan Association 1,164.79
Lowell Five Cent Savings Bank
1,675.98
Central Savings Bank
46,079.54
Merrimack River Savings Bank ..
833.95
$ 299,477.11
Check Register Balance December
31, 1956
$ 230,699.20
Checks Outstanding December
31, 1956
68,777.90
$
299,477.11
The large amount of outstanding checks as shown is caused by reason of Warrant being issued on January 10, 1956, by the Town Accountant and dated December 31, 1956, consequently the checks issued for the payment of vouchers thereon could not be cancelled in December 1956.
202
ANNUAL TOWN REPORT
The Treasurer's books of accounts are always open for public inspection to any Citizen of Chelmsford, if any information is de- sired the Treasurer will be glad to assist any person in the matter.
The classification of the receipts and expenditures will be found under the Town Accountant's report
Charlotte P. DeWolf,
Temporary Town Treasurer.
203
ANNUAL TOWN REPORT
AN ACT ESTABLISHING A SELECTMEN-TOWN MANAGER FORM OF GOVERNMENT FOR THE TOWN OF CHELMSFORD
SECTION 1. Board of Selectmen - At the first town election following the acceptance of this act the registered voters of the town of Chelmsford shall elect seven selectmen, one from each pre- cinct and one at large of whom two - one from each of the following precincts 1 and 3 shall serve a term of three years, two, one from each of the following precincts 2 and 5 shall serve a term of two years, two, one from each of the following precincts 4 and 6 shall serve a term of one year and one, at large elected from all precincts, shall serve a term of three years. At each annual town election thereafter the voters shall elect in place of those selectmen from respective precincts whose terms are about to expire a like number of selectmen to serve for terms of three years. When a vacancy occurs in the office of selectmen, the remaining selectmen may at any time prior to the next town election appoint a qualified person to serve as selectman from the precinct vacancy until such election, at which election the voters shall elect a selectman to serve for the unexpired portion, if any, of the original term. The selectman in office at the time of said first election shall continue in office until their successors are elected and qualified.
SECTION 2. Other Elected Officials - In addition to the select- men, the registered voters of the town shall continue to elect the following officials in accordance with any applicable statutes, by- laws and votes of the town: (a) a moderator; (b) a school com- mittee.
The term of office of any elective office, board or committee so continued, under this section, shall not be interrupted. Every other elective office, board or commission, shall be terminated as herein- after provided, any other provisions of law to the contrary notwith- standing. The term of office of any person elected to any office, board or commission existing at the time of such acceptance and terminated hereunder shall continue until such first town election and until the appointment and qualification of his successor, if any, and thereafter the said offices, boards and commissions shall be abolished and all powers, duties and obligations conferred of im- posed thereon by law, except as provided by this act, shall be con- ferred and imposed upon the selectmen and exercised by the town manager to the extent hereinafter provided. The powers, duties and responsibilities of elected officials shall be as now or hereafter pro- vided by applicable statutes and by-laws and votes of the town, except as otherwise expressly provided herein.
SECTION 3. Appointed Officials - (a) The selectmen shall appoint a town manager as provided in section six, who may thereafter be
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ANNUAL TOWN REPORT
removed as provided in section eight.
(b) The selectmen shal appoint a board of appeals, constables, election officers and registrars of voters other than the town clerk, and may, after such notice and hearing as they may deem advisable, remove any person so appointed for cause.
(c) The moderator shall appoint such boards, committees and officers, including a finance committee, as he may now or here- after be directed to appoint by any applicable law, by-law or vote of the town.
(d) The town manager shall appoint upon merit and fitness alone, any registered voter of the town, and may, subject to the provisions of chapter thirty-one of the General Laws where applicable, re- move for cause:
(1) A board of public health, a board of public welfare, a plan- ning board, a board of assessors, town accountant, town clerk, town treasurer, tax collector, board of library trustees and town counsel.
(2) All other officers, boards, committees and employees of the town, with the exception of the elected officials specified in section two, and officers and employees of such elected officials.
SECTION 4. Memberships; Terms; Powers; Duties and Responsib- ilities - The number of members of boards, commissions and com- mittees so appointed as provided in the preceding section, the length of the term of each member thereof and of officers so appointed, and the powers, duties and responsibilities of the same shall be as now or hereafter provided by any applicable law, by-law or vote of the town, except as herein otherwise provided. Upon appointment and qualification of the various officials as provided for in section three, the term of office and all powers and duties of each person theretofore holding each such office shall cease and be terminated.
Officers, boards, commissions and committees appointed by the . town manager shall possess all the powers and rights, and shall be subject to all the duties and liabilities, specifically conferred or imp- osed by any applicable provisions of law upon them or upon officers, boards, commissions or committees having corresponding powers and duties, but in the performance thereof they shall be subject to the general supervision of the town manager.
SECTION 5. Multiple Offices - A member of the board of select- men or of the school committee, or of the finance committee, shall, during the term for which he was elected or appointed, be ineligible to hold any other elective or appointive town office or position. Any person elected or appointed to any other office, board, commission or committee under the provisions of this act or any general or special law, shall be eligible, during his term of office, for election or appointment to any other town office, board, commission or com- mittee, except that the town accountant shall not be eligible to hold the office of town treasurer or town collector.
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ANNUAL TOWN REPORT
Subject to the approval of the selectmen the town manager may, but without additional compensation therefor, assume the powers, duties and responsibilities of any office which he is authorized to fill by appointment, such assumption to be evidenced by and effect- ive upon the filing with the town clerk of a written declaration of such assumption signed by the town manager, except he shall not appoint himself as a member of any board or committee.
Violation of any provision of this section shall render the con- tract in respect to which such violation occurs voidable at the option of the town. Any person violating any provision of this section shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment.
SECTION 6. Appointment of Town Manager - The selectmen shall appoint, by a majority vote of the full membership of the board, as soon as practicable after the first town election following the acceptance of this act, or after the occurrence of any vacancy, for a term of three years, a town manager who shall be a person es- pecially fitted by education, training and by previous full-time paid experience in municipal government as a town or city manager, assistant manager or administrative assistant, to perform the duties of his office. The town manager shall be appointed without regard to his political beliefs. He shall not be a resident of the town at the time of appointment but shall become a resident of the town during his term of office. 'Before entering upon the duties of his office the town manager shall be sworn to the faithful and impartial perfor- mance thereof by the town clerk, or by a justice of the peace. He shall execute a bond in favor of the town for the faithful perform- ance of his duties in such sum and with such surety or sureties as may be fixed or approved by the selectmen, the premium for said bond to be paid by the town. He may be appointed for successive terms of office.
SECTION 7. Acting Manager - The town manager may designate, by letter filed with the town clerk, a qualified officer of the town to perform his duties during his temporary absence or disability. Pending th eappointment of a town manager, or the filling of any Pending the appointment of a town manager, or the filling of any ary manager, or during the suspension of the town manager, the se- lectmen shall appoint a suitable person to perform the duties of the office.
Section 8. Removal of Manager - The selectmen, by a majority vote of the full membership of the board, may remove the town manager. At least thirty days before such proposed removal shall become effective, the selectmen shall file a preliminary resolution with the town clerk setting forth in detail the specific reasons for his proposed removal, a copy of which resolution shall be sent by registered mail to the town manager. The town manager may reply
206
ANNUAL TOWN REPORT
in writing to the resolution and may request a public hearing. If the manager so requests, the board of selectmen shall hold a public hear- ing not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if any, other- wise at the expiration of thirty days following the filing of the pre- liminary resolution, and after full consideration, the selectmen, by a majority vote of the full membership of the board, may adopt a final resolution of removal. In the preliminary resolution, the selectmen may suspend the manager from duty, but in any case his salary shall continue to be paid until the expiration of one month after the date of the final resolution or removal.
SECTION 9. Compensation of Manager - The town manager shall receive such compensation for his services as the selectmen shall de- termine, but it shall not exceed the amount appropriated by the town.
SECTION 10. Powers and Duties of Manager - In addition to other powers and duties expressly provided for in this act, the town manager shall have the following powers and duties :-
(a) The town manager shall supervise and direct and shall be res- ponsible for the efficient administration of all offices, boards and committees appointed by him, and their respective departments.
He shall, in addition, supervise and direct and shall be responsible for the efficient administration of any agency of the town not sub- ject to his appointment or control, but only at such time and to such extent and for such period as the elected officials having control of such agency or activity may, with the consent of the selectmen, determine.
(b) The town manager, in accordance with the provisions of this act and except as otherwise expressly prohibited by the General Laws, may reorganize, consolidate or abolish departments, commiss- sions, boards or offices under his direction and supervision, in whole or in part, may establish such new departments, commissions, boards or offices as he deems necessary, and in so doing, may transfer the duties and powers, and, so far as possible in accordance with the vote of the town, the appropriation of one department, commission, board or office to another.
(c) The town manager shall fix the compensation of all town officers and employees appointed by him, subject to any applicable provisions of chapter thirty-one or section one hundred and eight A of chapter forty-one of the General Laws.
(d) The town manager shall keep full and complete records of his office and shall render as often as may be required by the select- men a full report of all operations during the period reported on.
(e) The town manager shall keep the selectmen fully advised as to the needs of the town, and shall recommend to the selectmen for adoption such measures requiring action by them or by the town
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ANNUAL TOWN REPORT
as he may deem necessary or expedient.
(f) The town manager shall have jurisdiction over the rental and use of all town property, except schools. He shall be responsible for the maintenance and repairs of all town property, including school buildings and grounds. Except as otherwise voted by the town, he shall be responsible for the preparation of plans and the supervision of work on all construction, reconstruction, alterations, improve- ment and other undertakings authorized by the town, subject, how- ever, to the approval of the school committee with respect to plans for the construction of improvement of school buildings of property.
(g) The town manager shall administer, either directly or through a person or persons appointed by him in acordance with this act, all provisions of general and special laws applicable to said town, all by-laws and all regulations established by the selectmen.
(h) The town manager shall, with the approval of the selectmen, have the authority to prosecute, defend or compromise all litigation to which the town is a party.
(i) The town manager shall perform such other duties consistent with his office as may be required of him by the by-laws or vote of the town or by the vote of the selectmen.
(j) The town manager shall have access to all town books and papers for information necessary for the proper performance of his duties, and may, without notice, cause the affairs of any de- partment or activity under his control, or the conduct of any officer or employee thereof to be examined.
(k) The town manager shall purchase all supplies, materials, and equipment, and shall award all contracts for all departments and activities of the town under his supervision; and he shall make all purchases for departments or activities not under his supervision, but only upon and in accordance with a requisite duly signed by the head of any such department.
SECTION 11. Appointment of Assessors - The town manager shall appoint a principal assessor, who shall devote his full time and attention to the duties of his office and shall serve as chairman of the board, and two additional assessors.
SECTION 12. Approval of Warrants - The town manager shall be the chief fiscal officer of the town. Warrants for the payment of town funds prepared by the town accountant in accordance with the provisions of section fifty-six of chapter forty-one of the General Laws shall be submitted to the town manager. The approval of any such warrant by the town manager, or, in his absence, the acting town manager, shall be sufficient authority to authorize payment by the town treasurer, but the selectmen shall approve all warrants in the event of the absence of the town manager, acting town manager or a vacancy in the office of Town manager.
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ANNUAL TOWN REPORT
SECTION 13. Fees paid to Treasury - The aggregate compensa- tion of each town employee appointed by the town manager shall be limited to the amount established in accordance with the provisions of this act, and all fees received in accordance with the provisions of any general or special law shall be paid into the treasury of the town.
SECTION 14. Investigations of Claims - Whenever any pay-roll bill or other claim against the town is presented to the town manager he shall, if the same seems to him to be of doubtful validity, ex- cessive in amount, or otherwise contrary to the interests of the town, refer it to the selectmen, who shall immediately investigate the facts and determine what, if any, payment should be made. Pending such investigation and determination by the selectmen, payment shall be withheld.
SECTION 15. Certain Officers not to make Contracts with the Town - It shall be unlawful for any selectmen, the town manager, or any other elective or appointive officials of the town, directly or in- directly, to make a contract with the town, or to receive any reward from or any share in the profits, of, any person or corporation mak- ing or performing such contracts, unless the official concerned, immediately upon learning of the existence of such contract, or that such a contract is proposed, shall notify the selectmen and the town manager, by registered mail, of the contract and of the nature of his interest therein, and shall abstain from doing any official act on behalf of the town in reference thereto. In case such interest exists on the part of an officer whose duty it is to make such a con- tract on behalf of the town, the contract may be made by another officer of the town duly authorized thereto by vote of the select- men.
Violation of any provision of this section shall render the con- tract in respect to which such violation occurs voidable at the option of the town. Any person violating any provision of this section shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment.
SECTION 16. Estimate of Expenditures - All Board, officers and committees of the town shall annually, at the request of the town manager, submit to him in writing a detailed estimate of the ap- propriations required for the efficient and proper conduct of their respective departments and offices during the next fiscal year. On or before the first day of December of each year the town manager shall submit to each member of the finance committee and of the board of selectmen a copy of his annual probable expenditures of the town for the ensuing budget, which shall contain a careful, detailed estimate of fiscal year, including a statement of the amounts required to meet the interest and maturing bonds and notes or other indebtedness of the town, and showing specifically the amount ne- cessary to be provided for each office, department and activity, to-
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ANNUAL TOWN REPORT
gether with a statement of the expenditures for the same purpose in the two preceding years and an estimate of expenditures for the current year. He shall also submit a statement showing all rev- enues received by the town in the two preceding years, together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. He shall also report to said committee and to the selectmen the probable amount required to be raised by taxation to defray all of the proposed expenditures of the town, together with an estimate of the tax rate necessary therefor.
SECTION 17. By-Laws, Rules, etc. - All laws, by-laws, votes, rules, and regulations in force in the town of Chelmsford when this act takes effect, or any portion thereof, not inconsistent with its provision, whether enacted by authority of the town or any other authority, shall continue in full force and effect until otherwise provided by law, by-law or vote; all other laws, by-laws, votes, rules and regulations, so far as they refer to the town of Chelmsford, are hereby repealed and annulled, but such repealed shall not re- vive any pre-existing enactment.
SECTION 18. Contracts - No contract existing and no action at law or suit in equity, or other proceeding pending at the time this act is accepted, or at the time of revocation of such acceptance, shall be affected by such acceptance or revocation.
SECTION 19. Submission of Act and Time of Taking Effect - This act shall be submitted for acceptance to the qualified voters of the town of Chelmsford at the annual town election or state election first after passage of this act. The vote shall be taken by ballot in accordance with the provisions of the General Laws, so far as the same shall be applicable, in answer to the question, which shall be placed upon the ballot to be used at said election :- "Shall an act passed by the General Court in the year nineteen hundred and fifty- seven, entitled 'An act to establish the selectmen-town manager form of government in the town of Chelmsford be accepted by the town?" If a majority of the voters voting on this question shall vote in the affirmative, said act shall take effect immediately for the purpose of the next annual town election, and for all things relating thereto, shall take full effect beginning with said following election. It shall be the duty of all town officials having to do with elections and holding office at the time of acceptance to do, in compliance with law, all things necessary for the nomination and election of officers first to be elected under this act.
If this act is rejected when first submitted it shall again be sub- mitted at the following annual town election, and if accepted shall take effect as hereinbefore provided.
If this act is rejected for the second time it shall be again sub- mitted at the annual town election in the year nineteen hundred
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ANNUAL TOWN REPORT
and fifty-eight, and if accepted shall take effect as hereinbefore provided. If this act is again rejected when so submitted for the third time, it shall thereupon become void.
SECTION 20. Revocation of Acceptance - At any time after the expiration of three years from the date of acceptance of this act, and not less than ninety days before the date of an annual meet- ing, a petition signed by not less than ten per cent of the registered voters of the town may be filed with the selectmen, requesting that the question of revoking the acceptance of this act be submitted to the voters. No such petition shall be valid unless notice thereof shall be published by the selectmen for at least two consecutive weeks in a newspaper published in the town, and if none is published in the town then in a newspaper having a general circulation in the town, the last publication to be at least thirty days prior to said annual meeting. The selectmen shall thereupon direct the town clerk to cause the said question to be printed on the official ballot to be used at the next annual election in the following form: "Shall the accept- ance by the town of Chelmsford, of an act passed by the General Court in the year nineteen hundred and fifty-seven, entitled 'An Act establishing the selectmen-town manager form of government for the town of Chelmsford be revoked?" If such revocation is favored by a majority of the voters thereon, this act shall cease to be operative on and after the annual meeting following such vote. All general laws respecting town administration and town officers, and any special laws relative to said town the operation of which has been suspended or superseded by acceptance of this act, shall be revived by such revocation and shall continue to be in full force and effect. By-laws, votes, rules and regulations in force when
such revocation takes effect, so far as they are con- sistent with the general laws respecting town administration and town officers and with special laws relating to said town, shall not be affected thereby, but any other by-laws, votes, and rules and regulations inconsistent with such general or special laws shall be annulled. If such revocation is not favored by a majority of the voting no further petition therefor shall be filed under this section The Honorable Board of Selectmen
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