USA > Massachusetts > Essex County > Middleton > Town annual report of Middleton, MA. 1928 > Part 4
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BY-LAWS
members to serve for two years, and one member to serve for one year. Thereafter the Moderator upon his election at the annual town meeting shall appoint such members to fill the · vacancies which will be occasioned by the expiration of the terms of the members whose terms expire in that particular year. The terms of said office of said members shall expire at the final adjournment of the annual town meeting.
SECTION 2. The Finance Committee shall elect one of its members chairman, and shall elect a clerk who shall keep a record of the doings of the Committee.
SECTION 3. It shall be the duty of the Committee to investigate the cost of maintenance and the expenditure of the different departments of the town and recommend in detail in the annual town report of the amount of the appropriation for each department of the ensuing year.
On or before the fifteenth of January of each year, each department shall present to the Committee an estimate in writing of its expenditures for the year next ensuing. Be- fore making recommendations of appropriations for depart- ments of the town the finance committee shall hold at least one public hearing in relation hereto, after first notifying the head of each department, the selectmen, and the first petition- er of each petition presented for articles in the warrant carry- ing appropriations, of the time and place of such hearing. The failure, for any reason of the committee to make such report shall not effect the legality of any action taken at any meeting.
CHAPTER IV-LAW COMMITTEE.
SECTION 1. The Board of Selectmen shall constitute the law committee and shall annually appoint an attorney-at-law to act as town counsel, who shall be paid such salary as the town votes.
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BY-LAWS
SECTION 2. Such committee shall have authority to in- stitute, prosecute, defend and compromise all claims and liti- gation to which the town is a party, and to employ special counsel to assist the town counsel, whenever in their judgment necessity therefor arises : Provided, that in no case shall a settlement be made by the payment of more than $200
SECTION 3. The term of office of said town counsel shall begin on the first day of April of each year and shall continue until the appointment of and acceptance by his successor.
SECTION 4. The town counsel shall draft all bonds, leases, obligations, conveyances and other legal instruments, and do every professional act which may be required of him by the town, board, department, committee, commissioners, or town officer. When requested he shall furnish a written opinion of any legal question that may be submitted to him, and he shall at all times furnish legal advise to any officer of the town who may require his opinion upon any subject con- cerning the duties incumbent upon such officer by virtue of his office.
SECTION 5. He shall prosecute all suits ordered to be brought by the town or the law committee, and shall appear before any court in the commonweath in defense of any action or suits brought against the town or its officers in their official capacity, and also shall try and argue any and all cases in which the town shall be party before any tribunal, whether in law or equity, in this commonwealth, or before any board of referees or commissioners.
CHAPTER V-CONTRACTS BY TOWN OFFICERS.
SECTION 1. No officer of the town authorized to borrow money or to make any contract or purchase in behalf of the town shall be personally interested in any loan, contract, or
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BY-LAWS
purchase which he or any board of which he is a member makes on behalf of the town.
SECTION 2. No member of the Board of Selectmen, either personally or through any of his employees, or through any other person, shall receive any compensation, except his official salary, for work done or materials furnished by him or them for the town.
SECTION 3. No town officer and no salaried employees of the town shall sell material or supplies to the town with- out the permission of the Board of Selectmen expressed in a vote which shall appear on their records with the reasons therefor.
SECTION 4. No town officer and no salaried employee of the town shall receive any compensation 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 reasons therefor.
SECTION 5. The Town Auditor in his annual report shall call attention to any apparent violation of this by-law which may come to his notice.
SECTION 6. Proposals. When the estimated amount of a proposed contract exceeds $ , proposals shall be called for in the manner provided in this section. Such calls for proposals shall be advertised in the local newspaper, and by posting notices in three or more public places in the town, or by advertising in two Boston daily newspapers, not less than three times in each, at intervals of two days, the last publica- tion to be at least two days before the opening of the bids. The advertisement shall require such proposals to be sealed and properly designated, and shall announce the place, day, and hour at which they will be opened. The bids as received
99
BY-LAWS
shall be deposited in a box securely locked, and at the time and place named shall be publicly opened in the presence of a ma- jority of the Board of Selectmen or committee authorized by the town to make the contract. No bids shall be received after the time advertised for the opening. As far as practi- cable, contracts for less than $ , shall be awarded in such manner as to secure reasonable competition.
SECTION 7. Contracts for Public Buildings. No con- tract or change of contract, or order for labor or materials involving the expenditure of money from the appropriation for the construction of any public building, shall be valid un- til countersigned by the chairman of the Selectmen and re- corded in a book to be kept for the purpose. This section shall be written or printed upon every contract for the con- struction of any public building.
CHAPTER VI-MAINTENANCE OF TOWN PROPERTY.
SECTION 1. All real estate or personal property of the town, not by law or by vote of the town, placed in the charge of any board, officer or department, shall be under the control of the Selectmen except as is otherwise provided in Section 9 of Chapter 40, General Laws.
SECTION 2. No building owned by the town shall be erected, nor shall any alteration or repair of such building be made except in case of special emergency if the estimated cost of such erection or repair shall exceed $200, unless the contract therefor is advertised and awarded in accordance with the General Laws of this commonwealth.
CHAPTER VII.
SECTION 1. The Selectmen shall appoint a Town Ac- countant every three years, and in case the office becomes vacant, they shall appoint a successor.
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BY-LAWS
SECTION 2. The Selectmen shall cause the report of the Accountant with the accounts and statements upon which it is based, the report of the Finance Committee, and the warrant, to be printed for distribution among the taxpayers of the town, and they shall cause the same to be distributed to the legal voters of the town at least seven days before the annual town meeting for the election of officers.
SECTION 3. Any board or committee having in charge any contract work or undertaking of any nature, for which any special appropriation has been made, shall in the annual town report make a statement of the condition of such con- tract work or other undertaking, with a report of all receipts, expenditures and indebtedness incurred by said board or com- mittee to the date of said report, and an estimate of the amount of money necessary to finish said work.
SECTION 4. Whenever the account of an appropriation made for any department of the town shows at the end of a fiscal year a balance unexpended, such balance shall be carried to the credit of Unexpended Balance Account.
SECTION 5. All money received by any department, board or committee from the sale of any material or property belonging to the town, or receive from the settlement of any demand or claim due the town, shall be at once turned over to the Treasurer.
CHAPTER VIII-PUBLIC NUISANCES.
SECTION 1. No person shall own or keep in the town any dog which by biting, barking or howling, or in any other manner, disturbs the peace or quiet of any neighborhood or endangers the safety of any person.
CHAPTER IX-STREET DEPARTMENT.
SECTION 1. The road commissioner or superintendent
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BY-LAWS
of streets shall keep an accurate account of all money expend- ed and all work done upon the streets and squares of the town, also a daily record of the number of men and teams, the ex- tent and nature of the work done, the amount expended on each street, way or square and also the time spent in making such repairs. A daily record shall be kept of the number of men and teams employed, and the time, place and purpose for which they were employed.
SECTION 2. A daily time sheet shall be kept of the em- ployees of the street department with an account of the owners of teams employed thereon, including the town teams, show- ing in detail the number of hours' work each day, where and how employed, the rate of wages and the amount due in each case, from which record the weekly payroll must be made. These time sheets must be attached to the payroll when pre- sented to the Treasurer for payment, which payment shall be made to the employee directly by the Treasurer, who shall require a proper receipt for same.
SECTION 3. The surveyor of highways or superintendent of streets shall make a report of the street department, which shall be printed in the annual town report.
CHAPTER X-USE OF STREETS.
SECTION 1. No person shall be or remain upon any side- walk or street, or upon any doorstep, or other projection from any dwelling house or other building within the town, so as to annoy or disturb any person, or shall obstruct any passage to the same or the appurtenances thereto, and any person so being or remaining as aforesaid, when ordered by any con- stable, police officer or watchman or by the owner or occupant of such dwelling house or other building, shall immediately and peacefully depart and stay away therefrom, under a penal- ty of not less than one dollar nor more than five dollars for each offense.
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BY-LAWS
SECTION 2. No person shall ride any horse or drive any horse attached to a carriage of any description, or cause same to be driven in any street within the town at a rate exceeding ten miles an hour, under a penalty of not less than two dollars nor more than ten dollars for each offense.
SECTION 3. No person shall ride or drive any horse, auto- mobile or other vehicle upon any sidewalk within the town, or lead any horse, cow, goat, swine or other grazing animal up- on such sidewalk, nor shall any team or other grazing animal upon such sidewalk be allowed to stand upon any sidewalk, concrete or other crossing. Whoever shall offend against any provision to this section shall be punished by a fine of not less than one dollar nor more than five dollars for each offense.
SECTION 4. No owner or person having the charge of any horse, cow, swine sheep, or goat, or other grazing animal, shall permit the same to pasture in any street or public way within the town, either with or without a keeper, under a penalty of not less than one dollar nor more than five dollars for each offense; provided that this by-law or regulation shall not effect the rights of any person to the use of land within the limits of such way adjoining his own premises.
SECTION 5. No person shall within the limits of any public street or highway in the town, play at any game of ball, football, quoits, or any other game or amusement inter- fering with the convenient and free use of such street or high- way, by any person travelling or passing along the same ; and all persons so offending shall pay a fine not exceeding five dol- lars for each offense.
SECTION 6. No person shall light or cause to be light- ed, any bonfire in any public street or square, except in such places.as the selectmen may designate, under a penalty of not less than three nor more than twenty dollars for each offense.
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BY-LAWS
SECTION 7. No person or persons shall remove, or cause to be removed and carried, or assist in removing and carrying through any part of any street or public way in the town, any house, shop or other building, either in parts or a whole, exceeding twenty-five feet in height and fifteen feet in width, without permission from the selectmen first had and obtained in writing; and under such limitations and restrictions as they may deem expedient and prescribe. Whoever shall offend against the provisions of this section shall forfeit and pay for each offense a sum not less than ten dollars, nor more than twenty dollars. The selectmen shall not give such permis- sion for removal until after a hearing has been given to any party interested. Seven days at least previous to such hearing a notice thereof shall be given in some newspaper published in the county, which notice shall state the dimensions of the build- ing to be removed, and the streets through which it is pro- posed to pass in the removal.
SECTION 8. No person shall assemble in a disorderly manner in any street or near any dwelling house within the town, and no person shall be guilty of any rude or disorderly behaviour or use indecent, profane or insulting language in any street or near any dwelling house or other building at any time to the annoyance or disturbance of any person, under penalty of not less than one dollar and not more than ten dol- lars for each offense.
CHAPTER XI
FILTH AND RUBBISH NOT TO BE DEPOSITED IN THE STREETS.
SECTION 1. No person shall place or cause to be placed in any street, way or public place within the town, any carri- on, garbage, filth, offal, ashes, rubbish, decayed fish or any decayed animal or vegetable matter, or any shavings, paper or other combustible matter, any cleanings or sweepings, nor any pile of oyster shells or manure.
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BY-LAWS
SECTION 2. No person shall construct or maintain any drain or conduit from any house, shop or other building, or from any vault, cesspool or cistern, to or into any street or way, so as to discharge water or other matter in or upon any street or way, except in cases permitted by the Superin- tendent of Streets and Board of Health after a public hearing thereon, and it shall be the duty of the Board of Health and the police and constables to order any person violating this section to remove, alter or change the operation of any drain, pipe or conduit prohibit by this section within forty-eight hours. If a person receiving an order under either this or the preceding section refuses to comply with the same within the time allowed shall be punished by a fine not less than five dollars and not exceeding ten dollars for each offense.
CHAPTER XII -- DISORDERLY CONDUCT IN PUBLIC PLACES.
SECTION 1. No person shall be guilty of gambling or any rude or disorderly conduct in any engine house or other building belonging to the town, nor shall at any time carry in- to, or have in possession as a beverage, in or about any engine house or other building belonging to the town, any spirituous or intoxicating liquors. Whoever shall offend against any provision of this by-law shall be punished by a fine of not less than three dollars nor more than ten dollars for each offense.
CHAPTER XIII.
REGULATING THE DEALING IN AND KEEPING OF JUNK.
SECTION 1. The selectmen or a majority of them may grant licenses to such persons as to them may appear proper and suitable persons to be dealers in and keepers of shops for the purchase, sale or barter of old junk, old metals, or second- hand articles.
SECTION 2. Every keeper of a shop for the purchase, sale or barter of junk, old metals, or second-hand articles,
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BY-LAWS
shall keep a book in which shall be written, at the time of the purchase of any such article, a description thereof, the name, age and residence of the person from whom, and the day and hour when such purchase was made; and such book shall at all time be open to the inspection of the selectmen and of any person authorized by them to make such inspection. Every keeper of such shop shall put in some suitable and con- spicuous place on his shop a sign having his name and occu- pation legibly inscribed thereon in large letters. And such shop and all articles of merchandise therein may be at all times examined by the selectmen, or by any person authorized by them to make examination. No keeper of such shop shall, directly or indirectly, either purchase or receive by way of barter or exchange any of the articles aforesaid of a minor or apprentice, knowing or having reason to believe him to be such. No article purchased or received shall be sold until at least one week from the date of its purchase or receipt has elapsed.
CHAPTER XIV -- GUNPOWDER.
SECTION 1. No person having for the time being the care, charge or custody of any wagon, cart or other vehicle containing gunpowder, dynamite or other explosive compound in greater quantiies than one pound, shall cause or permit the same to stand in any street, highway, yard, lane, court or other place within the town, more than five minutes, under a penalty of not less than ten dollars nor more than twenty dol- lars for each offense.
SECTION 2. No person shall keep in any store, shop or other building within the town, which shall be within the distance of twenty-five rods from any other building, more than fifty pounds of gunpowder, dynamite or other explosive compound, and no person shall keep in any store, shop or other building within the town, within ten rods of any other build-
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BY-LAWS
ing more than twenty-five pounds of gunpowder, dynamite, or other explosive compound ; and no person shall keep in any store, shop or other building within the town more than one pound of gunpowder, dynamite or other explosive compound unless the same be well secured in copper, tin or brass canis- ters, holding not exceeding five pounds each, and closely cov- ered with copper, brass or tin covers ; and no person shall keep and gunpowder, dynamite or other explosive compound unless the same shall be well secured in tight casks or canisters. Any person who shall offend against either of the provisions of this section shall forfeit a sum of not less than ten nor more than twenty dollars.
CHAPTER XIV -AMENDMENT
SECTION 1 These by-laws may be altered, amended or repealed at any town meeting after due notice thereof in the warrant of the meeting.
CHAPTER XV.
REPEAL OF FORMER ORDERS AND BY-LAWS.
SECTION 1. All orders and by-laws heretofore adopted are hereby annulled and repealed.
Submitted to the Town for action March 7, 1929.
ROGER F. CLAPP WILLIAM H. SANBORN GEORGF B. OGDEN Selectmen of Middleton.
-
RECOMMENDATIONS
OF THE
FINANCE COMMITTEE
TOWN WARRANT
AND THE
BALLOT
OF THE
TOWN OF MIDDLETON
MARCH, 1929
PART III
111
FINANCE COMMITTEE
Recommendations of Finance Committee for the Year 1929
TOWN OFFICERS' SALARIES
Selectmen
$300 00
Town Treasurer
300 00
Town Clerk
200 00
Town Accountant
300 00
Tax Collector
400 00
Assessors
600 00
Registrars
18 00
Moderator
25 00
Inspector of Slaughtering
25 00
Inspector of Cattle
150 00
Sealer of Weights and Measures
100 00
Constable
35 00
Overseers of the Poor
100 00
Superintendent of Burials
15 00
Cemetery Commissioners
30 00
$2,598 00 350 00
Town Officers' Expenses
Janitor of Town Hall, 35c. per hour
PROTECTION OF PERSONS AND PROPERTY
Police
$1,000 00
Building Fires
350 00
Forest Fires
500 00
Chief of Fire Department
15 00
Fire House Double Jacket
300 00
Janitor of Fire House
50 00
$2,215 00
112
FINANCE COMMITTEE
FORESTRY DEPARTMENT
Tree Warden
$800 00
Moth Department
698 15
$1,498 15
HIGHWAYS AND BRIDGES
Highways and the Selectmen be authorized
to apply to the State highway department for aid
$3,750 00
Sidewalks
300 00
Fencing
200 00
Snow Removal
Bridges
300 00
East St. Special with State and County aid 3,000 00
$7,550 00
EDUCATION
Schools, including tuition and transporta-
tion of pupils to vocational schools $21,600 00
Library
200 00
$21,800 00
HEALTH AND SANITATION
Board of Health
$ 50 00
Essex Sanitarium
400 56
Dental Clinic
150 00
$600 56
Public Welfare Department
$2,500 00
Soldiers' Benefits
52 00
State Aid
228 00
$2,780 00
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FINANCE COMMITTEE
UNCLASSIFIED
Contingent
$1,000 00
Insurance
1,351 39
Town Hall (to include new chairs)
1,100 00
Memorial Day
250 00
American Legion
110 00
Cemeteries
850 00
Interest
2,600 00
Municipal Indebtedness
4,000 00
Middleton Electric Light
1,000 00
$12,261 39
$51,653 10
Signed,
W. W. RICHARDSON, Chairman
M. W. BERRY
A. B. HARRINGTON
E. B. MEADE
J. W. OSBORNE
Finance Committee*
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TOWN WARRANT
Town Meeting Warrant
Essex, ss. To William H. Young, Constable for the Town of Middleton, in the County of Essex:
GREETINGS :
In the name of the Commonwealth of Massachusetts, you are hereby direted to notify and warn the inhabitants of said Town qualified to vote in elections and in Town affairs, to meet at the Town Hall, in said Town, on
Thursday, the seventh day of March next
at 8 o'clock P. M. And you are directed to serve this war- rant by posting attested copies thereof, one at the Town Hall; one at the Center Post Office and one at the store at Howe Station, in said Town, seven days at least before the time of holding said meeting.
To see what action will be taken on the following articles :
ARTICLE 1. To authorize the Selectmen to appoint such other Town Officers as are required to be chosen annually.
ARTICLE 2. To see what action the Town will take in regard to defraying the Town expenses for the ensuing year.
ARTICLE 3. To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to borrow money in anticipation of the revenue of the current financial year, and expressly made payable therefrom by this vote.
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TOWN WARRANT
ARTICLE 4. To see if the Town will appropriate $100 for the erection of suitable street signs and guide posts under the direction of the Board of Selectmen. (Finance Committee recommends favorable action. )
ARTICLE 5. To see if the refund of dog tax shall be transferred to the Library Fund. (Favorable action recom- mended. )
ARTICLE 6. To see if the Town will appropriate $200 to paint the Fire House. (Favorable action recommended for contract work.)
ARTICLE 7. To see if the Town will authorize the Board of Selectmen to appoint Town Council to represent the Town in all matters and things relating to the business of the Town and to appropriate $250 for same. (Favorable action recommended. )
ARTICLE 8. To see if the Town will appropriate $3,000 for continuing the reconstruction work on East Street to be spent in conjunction with like amounts from the State and County, when and if appropriated. (Favorable action rec- ommended.)
ARTICLE 9. To see what action the Town will take on by-laws and regulations prepared by the Board of Selectmen as authorized under Article 9 of the annual Town meeting of March 1, 1928.
ARTICLE 10. To see if the Town will vote to authorize the assessors to use the money in the reserve fund to help lower the tax rate.
ARTICLE 11. To see what action the Town will take in regard to making the Town Hall stage meet the Fire Inspec-
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TOWN WARRANT
tor's requirements and to appropriate money for same. (Rec- ommended $50 for temporary fire curtain for stage, and that a committee be appointed to report at next town meeting on advisability of permanent changes and plans of Town Hall. )
ARTICLE 12. To see if the Town will empower the Board of Selectmen to purchase a permanent Christmas tree to be set on Library lot, subject to approval of Trustees, and to appropriate money for same. (Favorable-appropriation not to exceed $100.)
ARTICLE 13. To see if the Town will vote to appro- priate $350 for widening, laying new culvert, graveling and otherwise improving the short road running from Boston Street to the North Reading Road, known as Flint Street, and making it safe for travel. This is by petition of Willougby P. Early and ten others. (Recommended that $50 be appropriated and that Flint Street be discontinued if agreeable to County Commissioners. )
ARTICLE 14. By petition of John J. Colbert and ten others, to see if the Town will vote to appropriate to the sum of $500 for gravel to be used on Liberty Street, starting from the bridge next to Peabody's house, and continuing to School Street, or to see what action the Town will take in the matter agreeable to the petitioners. (Recommend appropriation of $500.)
ARTICLE 15. By petition of Guy E. Evans and ten others, to see if the Town will vote to make a special appro- priation of $500 to resurface parts of Forest Street with grav- el. (Favorable action recommended. )
ARTICLE 16. By petition of Edwin B. Meade and ten others, to see if the Town will vote to purchase a caterpillar
·
118
TOWN WARRANT
tractor and appropriate the sum of $1,800 for same. (Recom- mends committee of three be appointed by chair to investi- gate and report at next Town meeting. )
ARTICLE 17. By petition of Edwin B. Meade and ten others, to see if the Town will vote to purchase a one-ton Ford truck, with dump body, and to appropriate the sum of $800 for same. (Recommends purchase of new one and one-half ton model AA Ford dump truck with two extra tires, cost not to exceed $1,014.00.)
ARTICLE 18. By petition of Willoughby P. Early and ten others, to see if the Town will vote to put in five street lights at South Middleton, as follows : bridge, corner of Bos- ton Street, corner of Flint Street and North Reading Road, corner of Flint Street and Boston Street, half way between corner of Boston Street at Flint Street, and corner at North Reading Road on Boston Street, and to appropriate money for same. (Need of proper lighting recognized and recommended that Electric Light Commissioners investigate cost and report at next Town meeting. )
ARTICLE 19. By petition of Walter Clayton and ten others, to see if the Town will vote to extend house lighting wires to serve customers on North Main Street and appropri- ate money for same by direct taxation, or authorize the Elec- tric Light Commissioners to do same from the earnings of the Electric Light Department. (Favorable action by Electric Light Commissioners recommended cost to be met out of earnings. )
ARTICLE 20. To see what action the Town will take relative to placing definite limits for transportation of school children to the Center School and to recind the formal vote of the Town at the time of the School consolidation of the
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TOWN WARRANT
Center School. (Recommended that School Committee form- ulate some definite plan on which the Town may take action. )
ARTICLE 21. By petition of Arthur T. Page and ten others, to see what action the Town will take to have the Ful- ler Cemetery on Mount Vernon Street, cleaned up and appro- priate a sum of money for the same. (Recommended that -Cemetery Commissioners find out cost to put Cemetery in prop- er condition and also to confer with the lot owners as to what arrangements they will make for its' future care and report findings at next Town meeting. )
ARTICLE 22. By petition of Edwin B. Meade and ten others, to see if the Town will vote to approve the following by-laws :- "No special Town meeting where it is proposed to appropriate money shall be called unless the voters shall have been notified by mail at least five days before the date of such meeting." (Favorable action recommended. )
ARTICLE 23. By petition of Edwin B. Meade and ten others, to see if the Town will vote a special appropriation of $50 to cover a deficit in cost of valuation book. (Favorable action recommended. )
ARTICLE 24. By petition of William H. Young and ten others, to see what action the Town will take in regard to giving the American Legion Post No. 227 the use of the room over the Hose House. (Favorable action recommended. )
ARTICLE 25. By petition of Arthur T. Page and ten others, to see if the Town will raise a sum of $700 to have a main line water pipe laid in Oakdale Cemetery, from Maple Street to Evergreen Avenue, a distance of eleven hundred fifty feet, or take any action thereon. (Favorable action recommended. )
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MIDDLETON
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