USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1956 > Part 5
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Said way as so laid out is bounded and described, as follows:
Beginning at the point of intersection of the southwesterly side line of Massachusetts Avenue and the southeasterly side line of Swan Place, thence southwesterly on said southeasterly side line of Swan Place a distance of 597.46 feet more or less to a point on said southeasterly side line of Swan Place at the northeasterly boundary line of Lot C, thence northwesterly across said Swan Place and by said Lot C a distance of 28 feet to a point on the northwesterly side line of Swan Place, thence northeasterly on said northwesterly side line of Swan Place a distance of 590.33 feet more or less to a stone bound at the point of intersection of said northwesterly side line of Swan Place and the southwesterly side line of Massachusetts Avenue, thence southeasterly on said southwesterly side line of Masachusetts Avenue a distance of 28.90 feet to the point of beginning as shown on a plan on file in the office of the Town Clerk, Arlington, Mass., entitled, "Plan of Land in Arlington, Mass., Now or formerly Owned By Henry Swan, April 1891, Scale Hor. 30' = 1", Vert. 5' = 1", F. W. Hodgdon, Engr."
Article 56. To see if the Town will make an appropriation under the provisions of law authorizing the assessment of better- ments, for the original construction of public ways in the Town, the laying out of which is accepted at this meeting, including land damages and the cost of pavement and sidewalks laid at the time of said construction; determine in what manner the money shall be raised and expended; or take any action relating thereto.
Article 57. To see if the Town will authorize the acquisition by purchase, eminent domain or otherwise of any land easements or rights therein, including an easement or easements in land ad- joining the location of any or all public ways, the laying out of which is accepted at this meeting, consisting of a right to have the land of the location protected by having the surface of such adjoining land slope from the boundary of the location; make an appropriation for such acquisition; determine in what manner the money shall be raised and expended; or take any action relating thereto.
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Article 58. To see if the Town will vote to appoint a com- mittee to investigate, consider and make recommendations for the proper observance of the One Hundred and Fiftieth Anniversary of the Incorporation of the Town; said committee to report at the next Special Town Meeting, if any, but not later than the Annual Town Meeting of 1957; appropriate a sum of money for the use of said committee; determine in what manner the money shall be raised; or take any action relating thereto.
Article 59. To see if the Town will vote to appoint a com- mittee of five composed of an architect or engineer, a real estate operator, a member of a leading veteran's organization, and two other citizens who shall be registered voters of the Town, to investigate, consider and make recommendations for the acquisi- tion of suitable quarters for all organizations now occupying the Old Town Hall; said committee to report at the next Special Town Meeting, if any, but not later than the Annual Town Meeting of 1957; appropriate a sum of money for the use of said committee; determine in what manner the money shall be raised; or take any action relating thereto.
Article 60. To see if the Town will vote to remove the brick building located at 627-631 Massachusetts Avenue, formerly used as a Town Hall and known as Menotomy Hall; make an ap- propriation for such removal and the grading of the area; deter- mine in what manner the money shall be raised and expended; or take any action relating thereto.
Article 61. To see if the Town will vote to appoint a com- mittee to study the Fire and Police Signal System of the Town and to investigate, consider and make recommendations relative to the advisability of making this a separate department of the Town again; said committee to report at the next Special Town Meeting, if any, but not later than the Annual Town Meeting of 1957; appropriate a sum of money for the use of said committee; determine in what manner the money shall be raised; or take any action relating thereto.
Article 62. To see if the Town will vote to appoint a com- mittee to investigate, consider and make recommendations rela- tive to the improvement of the acoustics in the Robbins Memorial Town Hall auditorium; said committee to report at the next Special Town Meeting, if any, but not later than the Annual Town Meeting of 1957; appropriate a sum of money for the use of said committee; determine in what manner the money shall be raised or take any action relating thereto.
Article 63. To see if the Town will make an appropriation for the purchase and installation of a public address system in the auditorium of the Robbins Memorial Town Hall; determine in what manner the money shall be raised and expended; or take any action relating thereto.
Article 64. To see if the Town will, subject to enabling legislation by the General Court, vote to make an appropriation for the purpose of celebrating the founding of the United Nations Assembly; determine in what manner the money shall be raised and expended; or take any action relating thereto.
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Article 65. To see if the Town will accept a gift to the Town from the Gulf Oil Corporation of a strip of land ten (10) feet in width abutting the southeasterly side line of River Street, from Decatur Street to a point substantially ninety-seven (97) feet southwesterly from Decatur Street; or take any action relating thereto.
Article 66. To see if the Town will make an appropriation for the purpose of providing a memorial to be located on the Town Hall Grounds and to be erected by the Town in grateful recogni- tion of the sacrifices made by those who gave their lives and services in their Country's cause in the Spanish American War, World War I, World War II and the Korean War; determine in what manner the money shall be raised and expended; or take any action relating to any or all of the foregoing.
Article 67. To see if the Town will vote to authorize the Town Manager to sell, transfer or otherwise dispose of one obso- lete 1926 Seagrave 750 gallon pumper fire engine owned by the Town and formerly used by the Fire Department; or take any action relating thereto.
Article 68. To see if the Town will accept a gift to the Town from Peter A. Caporale of a strip of land twenty (20) feet in width from the southeasterly side of Forest Street, over Lot 3 to Lot A, as shown on a plan entitled "Plan Showing Proposed 20 Ft. Passageway, Arlington, Mass., Scale 1" = 20', Dec. 1955, W. H. Roby, Town Engineer" on file in the office of the Town Engineer."
Article 69. To see if the Town will make an appropriation to be expended under the direction of the Town Clerk, for the purpose of defraying the expense of advertising and other inci- dental costs relating to the By-Laws voted at this Town Meeting; determine in what manner the money shall be raised; or take any action relating thereto.
Article 70. To see if the Town will make an appropriation for the use of the "Joint Planning Committee" appointed under Article 71 of the Warrant for the 1953 Annual Town Meeting; determine in what manner the money shall be raised and ex- pended; or take any action relating thereto.
(Inserted at the request of the Joint Planning Committee)
Article 71. To see if the Town will vote to make an appro- priation of a sum of money to be expended under the direction of the Town Manager and the Peirce School Playground Improve- ment Committee for the Improvement of the Peirce School Play- ground area, determine in what manner the money shall be raised, or take any action relating thereto.
(Inserted at the request of the Peirce School Playground Improvement Committee)
Article 72. To hear and act upon the report and Legislative Act proposed by the Committee appointed by the Moderator in
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pursuance of the vote of the Town passed March 28, 1955, under Article 86 for the Annual Town Meeting in 1955, such proposed legislation being substantially as follows:
AN ACT AMENDING CERTAIN SECTIONS OF CHAPTER 503 OF THE ACTS OF 1952 WHICH ESTABLISHED A TOWN MANAGER FORM OF GOVERNMENT IN THE TOWN OF ARLINGTON
Be it enacted by the Senate and House of Representatives in General Court assembled, and by authority of the same, as follows:
Section 1. Chapter 503 of the Acts of 1952 is hereby amend- ed by striking out Section 4 and inserting in place thereof the following Section :-- Section 4. Appointive Powers of Selectmen .- The Selectmen shall appoint and may remove the town accountant, election officers, the boards of appeal and the registrars of voters, except the town clerk as a registrar.
Section 2. Said Chapter 503 is hereby further amended by adding in Section 9, at the end of the first sentence thereof, the words "except the office of town meeting member," so that the first sentence of said Section 9, as amended, reads as follows :- A member of the board of Selectmen, or of the school committee, or of the finance committee shall, during the term for which he was elected or appointed, be ineligible either by election or appoint- ment to hold any other town office, except the office of town meeting member.
Section 3. Said Chapter 503 is hereby further amended by striking out the first sentence of Section 11, and inserting in place thereof the following new first sentence in Section 11 :- The select- men elected as provided herein shall appoint, as soon as practi- cable, for a term of three years, and thereafter upon the expiration of said term or any succeeding term of a manager the selectmen shall appoint as soon as possible, but in any event not later than 90 days after the expiration of said term, a town manager for a term of three years, who shall be a professionally qualified person especially fitted by education, training and experience to perform the duties of the office, and have at least three years experience as a city or town manager, and who shall be a citizen of the United States of America.
Section 4. Said Chapter 503 is hereby further amended by striking out Section 12, and inserting in place thereof the follow- ing :- Section 12. Temporary or Acting Manager .- (a) The town manager may, subject to approval by the board of selectmen, designate, by letter filed with the town clerk, a qualified officer of the town as temporary town manager to perform the duties of the manager during his temporary absence or his temporary dis- ability, except during removal proceedings. In the event of the failure of the manager to make such designation, the selectmen shall forthwith, by resolution, designate an officer of the Town to perform the duties of, and have the powers of, the manager, until the manager shall return or his disability shall cease. (b) When a vacancy occurs in the office of town manager for any reason other than for expiration of his term, the selectmen shall appoint, as soon as possible, but in any event not later than 90 days after such vacancy occurs, an acting town manager for the balance of the unexpired term. Such appointment shall, insofar as practicable, be subject to the same conditions and qualifications for the manager as set forth in Section 11 hereof; if not so
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practicable, the selectmen shall so appoint a qualified officer of the town as acting manager for the balance of the unexpired term.
Section 5. Said Chapter 503 is hereby further amended by striking out Section 14 as so appearing, and inserting in place thereof the following :- Section 14. Compensation of Manager .- The town manager shall receive such compensation for his services as may be appropriated by the town, and any acting town man- ager shall receive such compensation at the same rate as has been appropriated for the manager, for the period during which the acting manager so serves.
Section 6. Said Chapter 503 is hereby further amended by inserting in Section 15 (a) the words "town accountant" before the word "assessors," so that said section 15 (a) as amended shall read as follows :- The town manager shall supervise and direct the administration of all departments, commissions, boards and offices, except the board of selectmen, the school committee. moderator, town clerk, town treasurer and collector, town account- ant, assessors, registrars of voters, election officers, boards of appeal and the personnel board.
Said Chapter 503 is hereby further amended by striking out Section 15 (c) and inserting in place thereof the following new section :- Section 15 (c). - Except as otherwise provided by this act, the town manager shall appoint upon merit and fitness alone, and, subject to the provisions of chapter thirty-one of the General Laws where applicable, and except as otherwise provided herein, he may transfer and remove all officers and employees of the town, including maintenance employees of the school department, but ex- cluding school custodians and other employees of the school de- partment; town officers and full-time employees not subject to the provisions of said chapter thirty-one shall not be removed by him except on ten working days' notice in writing to said officer or employee, setting forth the cause of such removal.
Said Chapter 503 is hereby further amended by striking out the last sentence of Section 15 (g) thereof and substituting the following two new sentences :- The school committee shall be responsible for the study, consideration and recommendations as to construction, reconstruction, alterations, improvements and other undertakings pertaining to school buildings or property. Except as otherwise voted by the town, the town manager shall be responsible for the preparation of plans and the supervision of work relating thereto, authorized by the town.
Said Chapter 503 is hereby further amended by deleting the word "may" as it appears in the last sentence of Section 15 (h) thereof, and substituting therefor the word "shall," so that said sentence as amended reads :- Except as otherwise herein provided, he shall award all contracts for all departments of the town.
Section 7. Said Chapter 503 is hereby further amended by adding at the end of the fifth sentence of Section 23 thereof the words "except those trustees appointed pursuant to the terms of a trust instrument or will, and those trustees appointed pursuant to the provisions of any special law or town by-law," so that said fifth sentence as amended reads as follows :- Upon the appoint- ment and qualification of the members of the board of commis- sioners of trust funds as provided in this section the terms of
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office of the then existing trustees of trust funds of the town shall terminate, except those trustees appointed pursuant to the terms of a trust instrument or will, and those trustees appointed pur- suant to the provisions of any special law or town by-law.
Section 23 is further amended by inserting after the word "town" in the seventh sentence the following words :- "except those trust funds under the administration of a trustee or trustees appointed pursuant to the terms of a trust instrument or will or pursuant to the provisions of any special law or town by-law," so that said seventh sentence as amended reads as follows :- They shall have administration of all trust funds of the town except those trust funds under the administration of a trustee or trustees appointed pursuant to the terms of a trust instrument or will or pursuant to the provisions of any special law or town by-law, and except the cemetery trust funds and the library trust funds.
Section 8. Said Chapter 503 is hereby further amended by striking out Section 30, and inserting in place thereof the follow- ing section :- Section 30. Officers, Agents and Employees of the town not to make contracts with the town. - It shall be unlawful for any officer, agent or employee of the town, except a town meeting member who is not also such an officer, agent or employee, to make a contract, directly or indirectly, expressed or implied, with the town, except for personal services within the amount ap- propriated by the town, or to receive any commission, discount, bonus, gift, contribution or reward from, or any share in the profits of, any person or corporation making or performing such a contract; provided that when a contractor with the town is a corporation, the legal or beneficial ownership by an officer, agent or employee of the town of five per cent or less of the shares of stock of such corporation actually issued, or employment of such officer, agent or employee by such corporation, shall not make such contract unlawful within the meaning of this section, unless such employee has a pecuniary or proprietary interest in said contract, or solicits or takes part in the making thereof. Violation of any provision of this section shall render the contract in respect to which such violation occurs voidable at the option of the select- men. 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 by both such fine and imprisonment.
Section 9. Said Chapter 503 is hereby further amended by striking out Section 31, and inserting in place thereof the follow- ing sections :- Section 31. Estimates of Expenditures. On or be- fore the first day of December of each year, the town manager shall submit to the selectmen a careful, detailed estimate in writ- ing of the fiscal requirements for the ensuing fiscal year of each fund and department under his control, and he shall state the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town. All other boards and departments not under the control of the manager shall submit the same estimates for their respective departments on the said date of December 1.
Section 10. Said Chapter 503 is hereby further amended by striking out the first sentence of Section 32, and inserting in place thereof the following new sentence :- The selectmen shall consider the tentative budgets submitted by the town manager and other department heads, and make such recommendations to the finance
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committee relative thereto as they deem expedient and proper in the interests of the town.
Section 11. Said Chapter 503 is hereby further amended by striking out in Section 48 the seventh sentence thereof and sub- stituting therefor the following new sentence :- The said revoca- tion shall not affect any contract then existing or any action of law or any suit in equity or any other proceeding then pending, with the exception of any contract made by the town with the town manager then in office, whose office shall be abolished upon the effective date of the said revocation.
(Inserted at the request of the Town Manager Act Study Committee)
Article 73. To see if the Town will make an appropriation of a sum of money to be expended under the direction of the Town Clerk for the re-printing of the Town Manager Act, so-called, as amended, determine in what manner the money shall be raised or expended or take any action relating thereto.
(Inserted at the request of the Town Manager Act Study Committee )
Article 74. To see if the Town will vote to amend Article 13 cf the By-Laws by striking out Article 13 and substituting there- for the following:
ARTICLE 13 WIRE DEPARTMENT
Section 1. There shall be an Inspector of Wires who shall have supervision and direction of the installation and maintenance of every wire over or under streets, buildings, structures and pre- mises and every wire within a building or structure supporting the same, and all appliances and devices connected thereto.
Section 2. Every person, firm or corporation proposing to place wires designed to carry a current of electricity for any pur- pose within or on a building, structure or premises shall give notice thereof to the Inspector of Wires before commencing any work. This notice shall indicate the general character of the pro- posed installation and the number, rating and type of wires, appliances and devices to be connected. Upon approval by the Inspector of Wires of the work as outlined, he shall issue a per- init for the commencement of the work.
Section 3. Permits for light, heat and power installations, except elevators, shall be issued to licensed electricians only. Fees for such permits shall be fifty cents, payable when issued. Noth- ing in this section shall apply to a utility company installing their metering or installing telephone equipment.
Section 4. No conduit or cable either within or connecting two buildings or structures, or any wiring within or between two buildings or structures, to be used in connection with the distri- bution of a current of electricity for any purpose shall be covered over until the Inspector of Wires has approved the installation.
Section 5. The wiring of any building for the distribution of electrical current for any purpose shall not be approved until the installation of all fire stops and all metal piping for any purpose whatsoever, whether or not covered with an insulating material, has been approved by that department of the Town having juris- diction.
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Section 6. Whenever, in the opinion of the Inspector of Wires, any electrical conductors, appliances or devices used for the distribution, consumption or control of electrical current for any purposes are in a dangerous condition, he is hereby authoriz- ed to cause the electric service to the property disconnected if the existing defect is not remedied within a reasonable time after written notice has been given to the owner or user of such defec- tive conductor, appliance or device.
Section 7. Only one line of poles may be erected on a public way; same may be jointly occupied. Poles shall be set in the sidewalk not less than ten inches from the outer side of the curb line and shall not be located within less than ten feet of any lamp post or any other pole except when they are designed to carry wires on streets running at an angle to each other, nor less than four feet of any catch basin or hydrant. All poles shall be treated to prevent deterioration and maintained in good condition to the satisfaction of the Inspector of Wires and they shall be marked with the owner's name or names not less than five feet nor more than seven feet from the ground.
Section 8. Where possible, all poles must be uniformly spaced and of a uniform height. No pole less than thirty-five feet long shall be set in the streets of this Town excepting poles for trolley span wires and poles used solely for lighting. All poles except those used with cast sub base shall be set not less than five feet in the ground under ordinary soil conditions and shall be stepped commencing eight feet from the sidewalk, such steps to be parallel with the sidewalk curbstone. Deviations from this rule may be permitted by the Inspector of Wires. Poles shall be set on lot lines or in positions which will cause a minimum interference with private driveways or walks. Extensions must not be made on any pole without the approval of the Inspector of Wires. The first gain on every pole shall be reserved for the use of the signal wires of this Town.
Section 9. Cross arms shall be treated to prevent deteriora- tion. Where wires of different ownership occupy the same cross arm, suitable tags bearing the name of the owner shall be attached to such wires at or near the insulator.
Section 10. Nothing shall be attached or fastened to a pole including posters and notices not required for the proper installa- tion and maintenance of a pole and its attachments. No person shall deface any pole by the use of lineman's spurs or otherwise below the lowest pole step.
Section 11. New poles shall not be brought onto any street more than two days in advance of the time they are to be set and when old poles are taken down they must be removed from the street the same day. Old poles temporarily lashed or fastened to new poles pending the transfer of wires must be removed within sixty days of installation of new poles. When pole locations are abandoned, a report of the same shall be made to the Inspec- tor of Wires as soon as the work is completed.
Section 12. The first point of attachment to buildings or structures of wires for light, heat or power service shall not be less than ten feet above the ground or any platform or structure on which a person may stand. All such wiring attached to and carried along the outside of any building shall be enclosed in approved rigid metal conduit.
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Section 13. Street Railway Feeder Switch. All street rail- way companies operating within this town shall install suitable switches in the feeder or supply circuit of their system at such points as the Inspector of Wires shall designate.
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