USA > Massachusetts > Bristol County > Fairhaven > Town annual report of the offices of Fairhaven, Massachusetts 1913 > Part 3
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Voted that the Selectmen of the Town and the Town Treas- urer, and their successors in office duly elected from time to time, shall have the management, control and investment of the trust fund received from the Estate of Henry H. Rogers, and held under the trust created by his will as above set forth ; that such fund shall be invested by them according to their best judgment and discretion in safe and prudent securities ; that they shall have power, from time to time, to change investments according to their own judgment and discretion ; that the securities in which the fund is invested shall be deposited in some bank or trust company for safe keeping in such manner that they shall be accessible only
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to any two of the four persons having authority over the fund; that the trust fund shall be called "The Henry H. Rog- ers Trust Fund. " and that a separate account shall be kept by the Town Treasurer on the books of the Town of all moneys received and paid out by him in connection with the care and management of the trust fund, including the transfer of income to the School Committee as hereafter provided, but not including payments made under the direction of the School Committee; that all payments made in connection with the management of the trust fund other than payment made under the direction of the School Committee as here- after provided shall be made under the direction of the Board of Selectmen by the Town Treasurer; that a complete and careful record shall be kept by the Treasurer under the direction of the Selectmen of all such receipts and expendi- tures made by him in connection with the management of said trust fund; that on the first days of January, April, July. and October in each year, the net income then standing to the credit of said trust fund shall be paid over or placed to the credit of the School Committee in a separate fund to be known as the "Henry H. Rogers Trust Fund Income; "' that the School Committee for the time being shall have the right to expend the income so placed to its credit for the maintenance of the primary and grammar schools of the said Town of Fairhaven in accordance with the provisions of the said will of the said Henry H. Rogers; that the Selectmen and Treasurer shall receive no compensation for their services in the management of said trust fund; that the Selectmen shall cause to be printed in the Annual Town Report each year a full statement of the transaction during the past fiscal year in connection with the management and investment of said trust fund, showing the securities in which the fund is invested, all changes of investment made during the year. all receipts to and payments from the fund and the amount of income placed to the credit of the School Commit- tee as above provided; and that the School Committee in their annual report shall cause to be printed a full statement
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of the manner in which the income so placed to the credit of the School Committee has been expended during the past fiscal year.
In accordance with the provisions of the said will the man- agement of said Trust fund, the Board of Eelectinen submit the following statement :
Received from the Executors of the will of the late Henry II. Rogers, Aug. 12, 1913; $100,000. Deposited same in Fair- haven National Bank at 2% interest.
Invested Oct. 24, 1913, $25,000.00 in New York Telephone Co. first general mortgage 4% S. F. gold bonds at a cost of $24.468.75.
Invested Oct. 25, 1913, $25,000.00 in American Telephone and Telegraph Co. Callateral Trust 4% bonds at a cost of $21,937.50.
Deposited Dec. 30, 1913, in Fairhaven Institution for Sav- ings, $10,000.
Deposited Dec. 30, 1913, in New Bedford Institution for Savings, $10,000.
Deposited Dec. 30, 1913. in New Bedford Five Cent Savings Bank, $10,000.
Balance of Trust fund in Fairhaven National Bank.
Income received from Trust fund to Jan. 2, 1914, $810.07
At a special town meeting held April 28, 1913, the citizens unanimously voted to approve the action of the Selectmen, in accepting from the Executors of the will of Sarah C. Anthony ten thousand ($10,000.00) dollars, bequeathed by her to the Town of Fairhaven, in trust to be held as a permanent fund, in memory of her late husband, Edmund Anthony, Jr., the income thereof to be devoted to educational purposes. in such manner as the school committee may from time to time de- termine. The Selectmen deposited this fund in the New Bed- ford Institution for Savings and it will be known as the Ed- mund Anthony, Jr. School Trust Fund.
As instructed at the special town meeting held Nov. 22, 1912, the Selectmen filed a petition and bill with the Gen- eral Court for authority to establish its own water supply
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and for that purpose to acquire the property of the Fair- haven Water Company if advisable, or to provide a water supply by taking water from other sources necessary for the best interest of the town.
Warrant was issued for special town meeting to be held June 26, 1913, to accept or reject the provisions of the fol- lowing act :
[Chap. 511.]
An Act to Authorize the Town of Fairhaven to Establish or Purchase a Water Supply System.
Section 1. The Town of Fairhaven may supply itself and its inhabitants with water for extinguishing fires and for domestic, manufacturing and other purposes; may for that purpose construct dams or reservoirs or sink wells; may erect buildings and fixtures ; may procure and operate machinery ; may lay and maintain pipes and mains, may establish foun- tains and hydrants, and may provide such other means and appliances as may be necessary for the establishment and maintenance of complete and effective water works ; provided, that the situation of all wells, reservoirs and dams to be constructed or used under the provisions of this act shall be subject to the approval of the State Board of Health; and provided, also, that the Town shall not enter upon, construct or lay any conduits, pipes or other works within the location of any railroad corporation except at such times and in such manner as it may agree upon with such corporation, or in case of a failure so to agree, as may be approved by the Board of Railroad Commissioners.
Section 2. The town, for the purposes aforesaid, shall have the right at any time to take, or to acquire by purchase or otherwise, the franchise, corporate property and all the rights and privileges of the Fairhaven Water Company on payment to said corporation of the actual cost of its fran- chise, works and property of all kinds held under the pro-
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visions of its act of incorporation, including in such cost interest on each expenditure from its date to the date of said purchase or taking, as herein provided at the rate of five per cent. per annum. If the cost of maintaining and operating the works of said corporation has exceeded or shall hereafter exceed in any fiscal year the income derived from said works by said corporation for that year, then such excess shall be added to the total cost to be paid by the town as above pro- vided; and if the income derived from said works by said corporation has exceeded or shall hereafter exceed in any fis- cal year the cost of maintaining and operating the works for that year, then such excess shall be deducted from the total cost. If said corporation has incurred indebtedness, the amount of such indebtedness outstanding at the time of the taking or purchase under this act shall be assumed by said town, and shall be deducted from the amount required to be paid by the town to said corporation under the foregoing pro- visions of this section. If the town acquires the franchise rights and property of the said corporation, it shall also as- sume and be subject to the liabilities and obligations of the corporation. The authority to purchase or take the said fran- chise and property is granted on condition that the proposed purchase or taking is assented to by the town by a two-thirds vote of the voters present and voting thereon at a meeting legally called for the purpose.
Section 3. The said Town, for the purposes aforesaid, is also authorized to purchase water from the City of New Bedford, and the City of New Bedford is authorized to sell and deliver water from its municipal water supply to the Town of Fairhaven upon such terms and conditions as may mutually be agreed upon by the Board of Water Commis- sioners of the Town of Fairhaven, to be constituted as herein- after provided, and the New Bedford Water Board. The said city, by its water board, is hereby authorized to con- struct such conduits and provide such other appliances as may be necessary to deliver the water so purchased.
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Section 4. Said town may, for the purpose of paying the necessary expenses and liabilities incurred under the provi- sions of this act, issue from time to time bonds or notes to an amount not exceeding one hundred and fifty thousand dollars. Such bonds or notes shall bear on their face the words Town of Fairhaven Water Loan, Act of 1913, and each bond or note shall be payable at the expiration of a period not exceeding thirty years from its date, shall bear interest, payable semi-annually, at a rate not exceeding five per cent. per annum, and shall be signed by the Treasurer of the Town and countersigned by the Water Commissioners hereinafter provided for. The Town may sell the said securities at public or private sale upon such terms and condi- tions as it may deem proper; but they shall not be sold for less than their par value, and the proceeds of the sale shall be used only for the purpose herein specified.
Section 5. Said town shall, at the time of authorizing said loan or loans, provide for the payment thereof in accordance with section four of this act; and when a vote to that effect has been past, a sum which, with the income derived from water rates, will be sufficient to pay the annual expense of operating its water works and the interest as it accrues on the bonds or notes issued as aforesaid by the town, and to make such payments on the principal as may be required un- der the provisions of this act, shall, without further vote, be assessed by the assessors of the town annually thereafter, in the same manner in which other taxes are assessed, until the debt incurred by said loan or loans is extinguished.
Section 6. The Selectmen shall constitute the Board of Water Commissioners, and all authority granted to the town under the provisions of this act, and not otherwise provided for, shall be vested in and may be exercised by the said board. A majority of the said board shall constitute a quorum for the transaction of business. The said Water Commissioners shall receive such compensation for their services as the town may from time to time determine at
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any regular meeting in the call for which notice of said proposed action has been given.
Section 7. If, however, the voters of the town so vote at any annual meeting subsequent to the meeting at which this act is accepted, in the warrant for which a proper article has been inserted, the town may establish a board of water commissioners to consist of three persons to be elected at the same meeting at which the town votes to establish the said board, as follows : one to be elected for a term of three years, one for a term of two years, and one for a term of one year; and thereafter, at every annual town meeting, the town shall elect one Water Commissioner for a term of three years. The provisions of the preceding section and of other sections of this act applying to the Selectmen acting as Water Commissioners shall apply to the Board of Water Commissioners elected under the provisions of this section, and after their election and qualification the Selectmen shall cease to be Water Commissioners.
Selectmen 8. Said commissioners shall superintend the construction, execution and performance of all the works, matters and things named in the preceeding sections, but they shall be subject to such by-laws, rules and regulations as the town may from time to time establish, not inconsistent* with the provisions of this act and the laws of the common- wealth. The said commissioners shall make all contracts in the name and on behalf of the town, but shall make no contract which involves the expenditure of money unless the town shall have previously made an appropriation sufficient . therefor, or unless there are funds standing to the credit of the water department derived from water rates or other- wise, sufficient to cover such expenditure. Said commis- sioners shall fix just and equitable rates and prices for the use of water and shall prescribe the time and matter of pay- ment. All receipts for the use of water shall be credited to a separate account, and all money received therefrom shall be spent under the direction of the Water Commissioners.
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Said commissioners shall annually, and as often as the town may require, render an account of their doings.
Section 9. In case the said Fairhaven Water Company and the said town shall be unable to agree upon the amount to be paid to the company for the franchise, corporate property and other rights and privileges to be acquired by the town under authority of this act, the said water company and the town shall both have the right to have the amount so to be paid adjusted and settled by arbitration. In such case the said town and the said Fairhaven Water Company shall each appoint one appraiser, and the two appraisers so chosen shall select as the third appraiser some person who has served for at least ten years as the superintendent of a water company or of a municipal water department within this commonwealth. The expense of such arbitration shall be borne equally by the said town and the said Fairhaven Water Company and the sum so paid by the town shall be a part of the expense which the town is authorized to incur under the provisions of this act.
Section 10. Whoever uses any water taken under authority of this act without the consent of the town, or wilfully or wantonly corrupts, pollutes or diverts any water taken or held by said town pursuant to the provisions of this act, or destroys or injures any structure, work or other property owned, held or used by the town under the authority and for the purposes of this act, shall forfeit and pay to the town three times the amount of the damages so caused, to be recovered in an action of tort; and upon con- viction of either of the above wilful or wanton acts shall also be punished by a fine not exceeding three hundred dollars, or by imprisonment for a term not exceeding one year.
Section 11. Section nine, ten, eleven, and twelve of chapter one hundred and ninety-six of the acts of the year eighteen hundred and eighty-eight, and section two of chapter two hundred and thirty-two of the acts of the year eighteen hundred and ninty-three are hereby repealed.
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Section 12. This act shall be submitted to the voters of the Town of Fairhaven within one year after its passage, either at a special meeting called for the purpose by the selectmen in the same manner in which the annual town meeting is called, or at an annual town meeting; and shall take effect upon its acceptance by a majority of the voters present and voting thereon. The warrant for notification of the said meeting, if it be a special meeting, shall specify the object of the meeting and shall state when the polls will be open for the purpose of voting and when they will be closed. The polls shall be open for at least two hours at some convenient time during the day or evening. The num- ber of meetings called for the purpose of voting upon the question of the acceptance of this act shall not exceed two. (Approved April 21, 1913).
It was voted by almost unanimous vote to accept the pro- visions of the Act.
The committee representing the Water Company have met with the Selectmen and discussed the subject only in- formally, but expect to report in a short time that the very important questions at issue are settled then the matter will be reported to the town for approval.
One of the most important subjects for consideration of the citizens, is the financial problem, especially at the present time, as the State and County taxes are increasing, and the passing of laws by the state legislature, making the town liable for the support of an increasing number which formerly were self supporting and could now, but are not allowed to, owing to the age limit laws, and the pension acts passed for widow's support. The board most earnestly requests the citizens to investigate the questions and act upon same as a business matter, at our annual town meeting.
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As part of the requirements of the town for the coming year, we report the following for debt and interest :
Sewer bond due October 1, 1914, $5,500.00
Bridge bond due November 1, 1914, 1,000.00
N. B. and Fairhaven bridge note, 2,000.00
Sewer plant note, 3,500.00
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Rogers school heating apparatus note,
1,000.00
Howland road sewer note,
500.00
Motor chemical wagon note, 560.00
Bridge maintenance note, 400.00
South east sewer note, 500.00
Oxford sewer note,
300.00
Howland road sewer note,
300.00
Wood, Buttonwood and Taber Sts. note,
100.00
N. B. and Fairhaven bridge note, 1,264.24
Refunding note, 400.00
$17,324.24
Interest on bridge bonds,
$1,400.00
Interest on sewer bonds.
880.00
Interest on notes,
1,982.42
Interest on temporary loans,
750.00
$5,012.42
Total for debt and interest,
$22,336.66
Cr. by refunding loan,
6.500.00
$15,836.66
We respectfully submit the following estimates for ap- propriations, to maintain the various departments for the ensuing year :
Debt and interest,
$16,000.00
Sewers,
4,500.00
Poor department,
2,500.00
Fire department,
3,000.00
Fire alarm,
150.000
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Highways,
3,000.00
Hydrants,
2,300.00
Police department,
800.00
Town Hall,
1,000.00
Salaries,
3,900.00
Street lights,
2,500.00
Park department,
1,200.00
Tree department,
1,200.00
Board of Health,
2,000.00
Shell Fish Commission,
1,000.00
Mothers' Aid,
600.00
$45.650.00
Respectfully submitted,
CHARLES P. MAXFIELD,
LEWIS E. BENTLEY, JOHN I. BRYANT,
Selectmen of Fairhaven.
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REPORT OF SUPERINTENDENT OF STREETS.
The Board of Selectmen elected Charles P. Maxfield, Superintendent of Streets. Henry C. Pierce was selected as foreman.
All bills for current expenses of the highway department were paid when they were presented, leaving a balance to the credit of the department for the payment of bills con- tracted in removing snow, etc.
The Street Department have given more than usual at- tension this year, in keeping the streets clean and tidy. The expense of same which comes out of the Highway ap- propriation is quite large, and if the citizens who clean up their yards, etc., of grass, leaves and rubbish, would only refrain from placing it in the street gutters, which they have no right to do, it would not only save expense, but it would give the streets a much better appearance. We should all do what we can to keep up the general character of our Town for cleanliness.
How to save the streets and roads is a subject that is discussed as much as any part of the town and city's de- partment today, not only what can we do to make them wear longer and at the same time save the top covering and keep it from being blown from the surface of the streets and roads, after being ground to powder by the increasing number of automobiles. In the center of the town the streets last much longer than the outlying streets and roads of our town, owing in a great measure to the fact that the roads are used by so many who are travelling from one town to another, always in a hurry to get there. The last season has been an exceeding hot and dry season, therefore very trying to our streets and roads. Under the circum-
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stances the Selectmen purchased more oil than formerly to save the highways.
For the streets in the center of town, a light oil called Dustoline was used, for the outlying streets and roads, a very heavy oil of an asphalt nature was used, called Stand- ard Road Oil.
There was purchased by the town 7,956 gallons of Dusto- line Road Oil and 20,221 gallons of Standard Road Oil. The cost of oil used was $1,799.43.
For the payment of oil the town voted at special town meeting held April 28, the sum of $1,500.00, the same to be placed in this year's tax levy ; balance of account was paid from the highway appropriation.
As voted at annual town meeting. the New Boston road was macadamized from Washington street to about three hundred feet north of Bridge street. Would recommend the continuance of the macadamizing of this road the fol- lowing year.
As voted at annual meeting, repairs of Morgan street was referred to Selectmen. They instructed the Street Depart- ment to gravel the same from Main to Alden road, which has been done at an expense of $430.00. The road was given a very heavy coat of gravel, then rolled down by the steam roller, which makes a very hard road and we think a very serviceable road.
One of the principal streets in town is Middle street for heavy travel, to make the street passable. Owing to the sunken or low condition of the street, the street was raised where needed. and graded to free the same from standing water. To make the repairs, new curbing and edge stone were set. sidewalks rebuilt, street macadamized and gutters put in good order. This leaves the street in good order from the bridge to Center street.
The main work done by the street department the past year has been macadamizing and resurfacing the streets that were used the most by automobiles and heavy travel. All other streets were attended to and repaired where most needed.
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The town purchased during the year stone for crusher purposes, 7,200 tons. Streets macadamized, 12,740 feet. The town has on hand 300 tons of stone crushed and stone for crusher purposes.
The attention of the citizens is called to the law which prohibits placing any rubbish or material in the highways of the town. As many of our citizens, janitors of our public buildings and churches, have been in the habit of cleaning their yards and lawns of grass, leaves, &c., then raking or sweeping the same into the streets, this law applies. Trust- . ing this notice will be sufficient, and that we all use barrels in which to place our refuse in the future, by so doing it will be received by the ash cart.
We would also recommend that the citizens of the town do all they can to separate the waste paper from the ashes. Perhaps if they would burn the paper, or have a separate barrel or box to place the paper in it would help the matter, but we are fully satisfied something must be done to abate the nuisance which now exists.
CHARLES P. MAXFIELD,
Superintendent of Streets.
REPORT
OF THE
SEWER COMMISSIONERS.
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REPORT OF THE SEWER COMMISSIONERS.
The Board organized with John A. W. Burgess, Chair- man; Norman M. Paull, Clerk; G. Winston Valentine, Superintendent of Power House.
After a long series of trials, begun during 1912-13, the board purchased a pumping equipment, consisting of a Stanley Marine Type gasoline engine of 71/2 horse power directly connected to a Lawrence centrifugal pump, all mounted on a truck with suction hose, etc. This pump will discharge 500 or more gallons per minute. It can be used for pumping ejector chambers, trenches, etc., and in an emergency like another flood as of March, 1912, or a break- down of the power plant or ejector, could be used in pump- ing the sewer system itself. The cost of the outfit includ- ing trials of the pumps and engines rejected, was approxi- mately $700. But it would not take many charges like that of the New Bedford Fire Department during 1911-12 paid during this year to return this investment.
Under vote of the town the Sewer Commissioners in co- operation with the Selectmen, have constructed :
In Linden avenue, North William and Elm streets. about 1,350 feet of sewer, with 5 manholes.
In Laurel and Maple streets, about 260 feet of sewer and one manhole.
Every house along these new sewers has been connected. The assessments were levied on the "Linden Park" sewer; assessment on Laurel street awaits action on an article in the annual warrant.
Under a further vote of the town, the superintendent of highways, acting as agent for the sewer commissioners, has made and repaired all connections tothe sewers, the cost be-
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ing charged to connecting premises. In view of the con- dition in which many connections were found on repairing, this method of procedure was amply justified.
Five of the eight Shone ejectors were thoroughly re- paired; worn and corroded parts being replaced, in some cases with heavier parts of more durable materials. The Board purpose to repair the three remaining ejectors this season ; also to replace much of the pipes conveying com- pressed air inside the ejector chambers, as the present piping is badly corroded. It must be remembered that some of this equipment has been in use day and night for nearly eighteen years, under very adverse conditions.
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