USA > Massachusetts > Middlesex County > Reading > Town of Reading Massachusetts annual report 1950 > Part 4
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Section 38. Removal and Election. If the petition shall be found and certified by the town clerk to be sufficient, he shall submit the same with his certificate to the selectmen without delay, and the selectmen shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled, and shall, if the officer does not resign within five days thereafter, thereupon order an election to be held on a Tuesday fixed by them not less than twenty-five nor more than thirty- five days after the date of the town clerk's certificate that a sufficient petition is filed; provided, however, that if any other town election is to occur within sixty days after the date of the certificate, the selectmen
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shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this act.
Section 39. Nomination of Candidates. The question of recalling any number of officers may be submitted at the same election. But as to each officer whose recall is sought there shall be a separate ballot. The nomination of candidates to succeed an officer whose recall is sought, the publication of the warrant for the recall election and the conduct of such election shall all be in accordance with the provisions of the General Laws applicable thereto.
Section 40. Ballots. Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of officer). Against the recall of (name of officer).
Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (X), may vote for either of the said propositions. Under the proposition shall appear the word "Candidates", the directions to voters required by the General Laws applicable thereto.
Section 41. Election. If a majority of the votes cast on the question of recalling an officer shall be against his recall, he shall continue in office but subject to recall as provided in this act. If a majority of such votes be for the recall of the officer designated on the ballot, he shall, regardless of any defects in the recall petition be deemed removed from office. When an officer is recalled from office, the candidate to succeed the officer recalled shall be determined in accordance with the provi- sions of General Laws applicable thereto.
Section 42. Election in Event of Resignation. If an office in regard to which a sufficient recall petition is filed becomes vacant before the ballots are printed, the election shall be held as hereinbefore provided, except that the title of the ballot shall be "Town Election", that the propositions in regard to the recall shall be omitted from the ballot, and that above the names of the candidates there shall appear on the ballot the words "Candidates to succeed (Name of officer) resigned." (If he resigned his office)
Section 43. Subsequent Recall. No recall petition shall be filed against an officer within three months after he takes office, nor in the case of an officer subjected to a recall election and not recalled thereby, until at least three months after the election at which his recall was submitted to the voters of the town.
Section 44. Person Recalled not to be Appointed to Any Town Office within Two Years. No person who has been recalled from an office, or who has resigned from office while recall proceedings were pending against him, shall be appointed to any town office within two years after such recall or such resignation.
Section 45. Duties of Certain Town Officials relative to Election. It shall be the duty of the selectmen and the town clerk in office and any other town official upon whom by reason of his office a duty de- volves under the provisions of this act, when this act is accepted by the registered voters as herein provided, to comply with all the requirements
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of law relating to elections, to the end that all things may be done ne- cessary for the nomination and election of the officers first to be elected under this act.
Section 46. Submission of Act and Time of Taking Effect. This act shall be submitted to the qualified voters of the town of Reading for acceptance at the annual town election to be held on the first Monday in March, nineteen hundred and fifty-one. The vote shall be taken by ballot in answer to the question which shall be printed on the official ballot: "Shall an act passed by the General Court in the year nineteen hundred and fifty entitled 'An Act establishing a selectman-manager form of town government for the town of Reading' be accepted?" If this act shall be so accepted by a majority of the qualified voters voting thereon it shall take effect immediately following the next annual town meeting for the purpose of the appointment by the selectmen of a town manager as herein provided. All budgets and estimates of appropria- tions required for the ensuing fiscal year prepared by heads of depart- ments under his control prior to the annual town meeting shall be subject to the supervision and approval of the town manager. Upon acceptance by a majority of the qualified voters as herein provided, this act shall also take effect for the purposes of the annual town meeting for the year following its acceptance and for all things that pertain to said election, and shall take full effect upon the election and qualifica- tion of the selectmen, except as herein provided. If this act is rejected by the qualified voters of the town of Reading when first submitted to said voters under this section, it shall be submitted for acceptance in like manner to such voters at the annual town election in said town in the year nineteen hundred and fifty-two, and if it is not accepted at said annual election, it shall again be submitted for acceptance in like man- ner to such voters at the annual town election in the year nineteen hundred and fifty-three, and if accepted by a majority of such voters voting thereon at either of said elections, shall take effect as herein- before provided.
Section 47. By-laws, Rules, etc. All laws, by-laws, rules and reg- ulations in force in the town of Reading when this act takes effect, not inconsistent with its provisions, 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, rules and regulations, so far as they refer to the town of Reading, are hereby repealed and annulled, but such repeal shall not revive any pre-existing enactment.
Section 48. Revocation of Acceptance. At any time after the ex- piration of three years from the date on which this act is accepted, and not less than sixty days before the date of an annual meeting, a peti- tion, signed by not less than twenty 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. At said election the question shall be printed on the official ballot: "Shall the acceptance by the town of Reading of an act passed by the General Court in the year nineteen hundred and fifty, entitled 'An Act Establish- ing a selectman-manager form of town government for the town of Reading' be revoked?" If such revocation is favored by a majority of
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the qualified voters voting thereon by ballot, the acceptance of this act shall be revoked and this act shall become null and void beginning with the annual town meeting next following such vote, provided that all town officers holding office under this act shall continue to hold office until their successors have been duly qualified. At the first annual town election following such vote of revocation the registered voters of the town shall elect by ballot all elective officers and boards whose election to office was required immediately prior to the acceptance of this act, provided however, that the town does not vote to accept other plans which provide for a different arrangement from that existing im- mediately prior to the acceptance of this act. It shall be the duty of the selectmen and the town clerk in office and any other town official upon whom by reason of his office a duty devolves when this act is revoked, to comply with all of the requirements of this section relating to elec- tions, to the end that all things may be done necessary for the nomin- ation and election of the officers required to be elected following the revocation of this act. The said revocation shall not affect any contract then existing or any action at law or any suit in equity or any other proceedings then pending, with the exception of any contract made by the town with the town manager then in office, whose office shall be abolished immediately upon such vote, but who shall receive three months' compensation from such date following such revocation. The board of selectmen shall be charged with all the powers and duties of the town manager which duties and responsibilities may be discharged by themselves or by a temporary town manager appointed by them. Any special laws relative to said town which are repealed by this act shall be revived by such revocation. Any by-law in force when said revoca- tion takes effect, so far as consistent with the general laws respecting town government and town officers and with special laws, shall not be affected thereby.
Charles Stratton Edward C. Emslie A. Lloyd David Lewis E. Pierce Herbert J. Wooldridge
The above motion was defeated.
Article 3. On motion of Kenneth C. Latham it was voted that Article 3 be taken from the table.
Article 3. G. Warren Cochrane, Jr. moved that the Moderator ap- point a committee of five for the purpose of making a further study of the Manager Form of Town Government so-called; such committee to consist of lawyer, accountant, person with purchasing experience, per- son familiar with municipal affairs, and one other person, and such committee is instructed to report all the factual information relative to the entire subject matter at the Annual Town Meeting to be held in March, 1951.
This motion was defeated.
Article 3. On motion of Kenneth C. Latham it was voted that Article 3 be laid on the table.
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Article 26. On motion of James E. Calvin it was voted that Article 26 be indefinitely postponed.
Article 27. On motion of James E. Calvin it was voted that the sum of One Thousand ($1,000.00) Dollars be raised and appropriated for maintaining, repairing and resurfacing streets constructed under Sec- tion 34 of Chapter 90.
Article 28. On motion of James E. Calvin it was voted that the sum of Five Thousand ($5,000.00) Dollars be raised and appropriated for the purpose of improving and constructing a portion of Charles Street from near Pearl Street Northeasterly toward Haverhill Street together with such sums as may be provided by the State and County under Section 34, Chapter 90 of the General Laws.
Article 29. On motion of James E. Calvin it was voted that the sum of Forty-Thousand Eight Hundred ($40,800.00) Dollars be raised and appropriated by transferring Twenty-two Thousand ($22,000.00) Dollars of said sum from the Road Machinery Fund to the Road Machinery Op- erating Account and the remaining sum of Eighteen Thousand Eight Hundred Dollars ($18,000.00) be raised from the Tax Levy and the total sum of Forty Thousand Eight Hundred ($40,800.00) Dollars be appropri- ated for the maintenance, repair and operation of road machinery and for the purchase by the Board of Public Works of one large truck, one small truck, three pickup trucks, one large roller, one cement mixer and one compressor and the proceeds received from the old equipment not exceeding Three Thousand ($3,000.00) Dollars shall be appropriated in addition to the above mentioned sum of Forty Thousand Eight Hundred ($40,800.00) Dollars as part of the purchase price for the above mentioned equipment and that the Town Accountant be and he hereby is author- ized and instructed to transfer said amount to carry out the purpose of this vote.
Article 30. On motion of James E. Calvin it was voted that the Town accepts the report of the Board of Public Works on the laying out as a Public Way of a Private Way known as Winslow Road and adopt the recommendations contained therein, and that the sum of Four Thou- sand Six Hundred and Twenty-five ($4,625.00) Dollars be transferred from Surplus Revenue and appropriated for the laying out and construc- tion of said way, said sum to be apportioned as follows: Two Thousand Five Hundred Dollars ($2,500.00) for salaries and Two Thousand One Hundred and Twenty-five ($2,125.00) Dollars for expenses, and that the Town Accountant be and he hereby is authorized and instructed to trans- fer said sum to said account to carry out the purpose of this vote.
REPORT OF THE BOARD OF PUBLIC WORKS ON THE LAYING OUT OF WINSLOW ROAD
The Board of Public Works of the Town of Reading having deter- mined and adjudged that common convenience and necessity require the laying out of a Town Way under the provisions of law authorizing the assessment of betterments, substantially in the location hereinafter described, having complied with all requirements of law relating to notice to the owners of land thereof and of a hearing thereon, and hav- ing met at the time and place appointed for such hearing and then and
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there heard all persons present who desired to be heard, have laid out as a Town Way for the use of the Town running a Southwesterly di- rection from the Public Town Way known as West Street a distance of 758.78 feet, more or less, to a dead end, substantially as and in the loca- tion of the Private Way known as Winslow Road, the boundaries and measurements of said way as so laid out are as follows:
Beginning at a point in the Westerly side line of said West Street, said point being S. 19°-19'-30" E., a distance of 99.71 feet, measured along said Westerly side line of West Street, from a drill hole in a stone wall marking the division property line between lands of Linda Conso- line (Basse) Cheng and lands of Winslow P. Burhoe;
Thence by a curved line to the Right having a radius of 20.0 feet, running in a Southerly and Southwesterly direction, by lands of said Winslow P. Burhoe, a length of 31.71 feet to a point of tangent;
Thence S. 71°-30-50" W., still by lands of said Winslow P. Burhoe, other lands of said Winslow P. Burhoe, lands of Ralph E. Baker and Esther F. Baker, Paul D. MacDonald and Phyllis H. MacDonald, Douglas W. Burhoe, other lands of said Douglas W. Burhoe, and still other lands of said Douglas W. Burhoe, a distance of 614.91 feet to a point of curve;
Thence by a curved line to the Right, having a radius of 1980.0 feet, running in a Southwesterly direction, still by lands of said Douglas W. Burhoe, and by other lands of said Winslow P. Burhoe, a length of 124.15 feet to a point;
Thence turning and running S. 20°-52'-30" E., across the future extension of the layout herein described, a distance of 40.41 feet to a point;
Thence by a curved line running in a Northeasterly direction having a radius of 2020.0 feet, by still other lands of Winslow P. Burhoe, and other lands of said Douglas W. Burhoe, a length of 122.41 feet to a point of tangent;
Thence N. 71°-30-50" E., still by other lands of said Douglas W. Bur- hoe, lands of Steve Anthony and Inez C. Anthony, lands of Frank R. Baker and Blanche G. Baker, by a proposed street known as Glenmere (Private) Circle, by other lands of said Frank R. Baker et ux, and by other lands of said Winslow P. Burhoe, a distance of 616.09 feet to a point of curve;
Thence by a curved line to the Right, having a radius of 20.0 feet, running in an Easterly and Southeasterly direction, still by said other lands of Winslow P. Burhoe, a length of 31.12 feet to a point on said Westerly side line of West Street;
Thence N. 19°-19'-30" W., along said Westerly side line of West Street, a distance of 80.01 feet to the point of beginning.
The above described lines being more fully shown on a Plan en- titled "Winslow Road, Reading, Mass." dated January, 1950, Board of Public Works, Philip Welch, Supt., said Plan being a part of this des- cription and being on file in the Office of the Board of Public Works of the Town of Reading;
We determine that no damages will be sustained by any person or persons in this property by reason of the taking to be made for this
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improvement. All acts in connection with said laying out are done under the provisions of law authorizing the assessment of betterments, and betterments are to be assessed therefore.
This laying out so made by us, we hereby report to the Town for acceptance and recommend that said way shall thereafter be known as a Public Town Way and named Winslow Road, and that the sum of Four Thousand Six Hundred Twenty-five ($4,625.00) Dollars be raised and appropriated for said laying out and for the construction of said way.
JAMES E. CALVIN, Chairman C. J. DONAHUE, Secretary HARRY R. WALKER HAROLD W. PUTNAM
Members of the Board of Public Works Town of Reading
Article 31. On motion of James E. Calvin it was voted that the Town accepts the report of the Board of Public Works on the laying out as a Public Way of a Private Way known as Pine Ridge Road and adopt the recommendations contained therein, and that the sum of Five Thousand Nine Hundred and Twenty-five ($5,925.00) Dollars be transferred from Surplus Revenue and appropriated for the laying out and construction of said way, said sum to be apportioned as follows: Three Thousand Two Hundred ($3,200.00) Dollars for salaries and Two Thousand Seven Hundred and Twenty-five $(2,725.00) Dollars for expenses, and that the Town Accountant be and he hereby is authorized and instructed to transfer said sum to said account ot carry out the purpose of this vote.
REPORT OF THE BOARD OF PUBLIC WORKS ON THE LAYING OUT OF PINE RIDGE ROAD
The Board of Public Works of the Town of Reading having deter- mined and adjudged that common convenience and necessity require the laying out of a Town Way under the provisions of law authorizing the assessment of betterments, substantially in the location hereinafter described, having complied with all requirements of law relating to notice to the owners fo land thereof and of a hearing thereon, and having met at the time and place appointed for such hearing and then and there heard all persons present who desired to be heard, have laid out as a Town Way for the use of the Town, running in a Southwesterly direc- tion from the public Town Way known as Pine Ridge Road at Station 14-37.93 as accepted at the annual Town Meeting held in March, 1948, a distance of 959.77 feet to Station 23-97.70, substantially as and in the location of the Private Way known as .Pine Ridge Road, the bound- aries and measurements of said way as so laid out are as follows:
Beginning at a point on the Westerly side line of said Pine Ridge Road, said point being S. 0°31'-30" W., measured along said Westerly
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side line of Pine Ridge Road, a distance of 155.67 feet from a stone bound set at the Southerly terminus of a curved line in said Westerly side line having a radius of 2000.00 feet and a length of arc of 187.43 feet;
Thence S. 0°-31'-00" W., along said Westerly side line of Pine Ridge Road, by lands of William S. Marshall and E. Teresia Marshall, a dis- tance of 26.21 feet to a point of curve;
Thence by a curved line to the Right having a radius of 600.0 feet, running in a Southwesterly direction, still by lands of said Marshall et ux and by a proposed road, a length of 78.54 feet to a point of tangent;
Thence S. 8°-01'-30" W., still by said proposed road and by lands of A. Waldo Phinney and Virginia R. Phinney, Rita J. Collins, other lands of said A. Waldo Phinney et ux, lands of Ejnar W. Bratt and Adelaide M. Bratt and other lands of said A. Waldo Phinney et ux a distance of 852.40 feet to a point;
Thence turning and running S. 81°-58'-30" E., across said Pine Ridge (Private) Road, a distance of 40.0 feet to a point;
Thence turning and running N. 8°-01'-30" E., by lands of Allen H. Sturges, William Mclaughlin and Telma C. Mclaughlin, Charles J. McKenney and Florence E. McKenney, William Coles and Mary A. Coles, other lands of said A. Waldo Phinney and Virginia R. Phinney, and across a proposed road, a distance of 852.40 feet to a point of curve;
Thence by a curved line to the Left, running in a Northerly direc- tion, having a radius of 640.0 feet, partly by said proposed road and partly by lands of William C. Catley and Florence E. Catley, a length of 83.78 feet to a point of tangent;
Thence N. 0°-31'-30" E., still by lands of said William C. Catley et ux, a distance of 26.21 feet to a point, said point being the Southeasterly terminus of the Public Way known as Pine Ridge Road as accepted in March, 1948;
Thence turning and running N. 89°-28-30" W., across the Southerly terminus of said Public Way known as Pine Ridge Road, a distance of 40.0 feet to the point of beginning.
The above described lines being more fully shown on a Plan en- titled "Pine Ridge Road, Reading, Mass." dated January, 1950, Board of Public Works, Philip Welch, Supt., said plan being a part of this des- cription and being on file in the Office of the Board of Public Works of the Town of Reading.
We determine that no damages will be sustained by any person or persons in their property by reason of the taking to be made for this improvement. All acts in connection with said laying out are done under the provisions of law authorizing the assessment of betterments and betterments are to be assessed therefor.
This laying out so made by us, we hereby report to the Town for acceptance and recommend that said way shall thereafter be known as a Public Town Way and named Pine Ridge Road, and that the sum of Five Thousand Nine Hundred Twenty-five ($5,925.00) Dollars be raised
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and appropriated for said laying out and for the construction of said way.
JAMES E. CALVIN, Chairman
C. J. DONAHUE, Secretary HARRY R. WALKER HAROLD W. PUTNAM Members of the Board of Public Works Town of Reading
Article 32. On motion of James E. Calvin it was voted that the Town accepts the report of the Board of Public Works on the laying out as a Public Way of a Private Way known as Pilgrim Road and adopt the recommendations contained therein, and that the sum of Two Thousand Five Hundred ($2,500.00) Dollars be transferred from Surplus Revenue and appropriated for the laying out and construction of said way, said sum to be apportioned as follows: One Thousand Three Hundred ($1,300.00) Dollars for salaries and One Thousand Two Hundred ($1,200.00) Dollars for expenses, and that the Town Accountant be and he hereby is authorized and instructed to transfer said sum to said account to carry out the purpose of this vote.
REPORT OF THE BOARD OF PUBLIC WORKS ON THE LAYING OUT OF PILGRIM ROAD
The Board of Public Works of the Town of Reading having deter- mined and adjudged that common convenience and necessity require the laying out of a Town Way under the provisions of law authorizing the assessment of betterments, substantially in the location hereinafter described, having complied with all requirements of law relating to notice to the owners of land thereof and of a hearing thereon, and hav- ing met at the time and place appointed for such hearing and then and there heard all persons present who desired to be heard, have laid out as a Town Way for the use of the Town running in a Northeasterly di- rection from the public Town Way known as Lowell Street a distance of 400.0 feet to a Private Way know as Robert Road substantially as and in the location of the Private Way known as Pilgrim Road, the boundaries and measurements of said way as so laid out are as follows:
Beginning at a point on the Easterly side line of said Lowell Street, said point being S. 49°-11'-00" E., a distance of 200.0 feet measured along said Easterly side line of Lowell Street from a stone bound;
Thence by a curved line running a Southeasterly direction having a radius of 20.0 feet, by lands of B. Eldon Short and Etta May Short, length of 31.42 feet to a point of tangent;
Thence N. 40°-49'-00" E., still by lands of said B. Eldon Short and Etta May Short and by lands of Alvin W. Seldon and Janet M. Seldon, Frank A. Congdon and Mildred L. Congdon, Newman R. Rollins and Erma F. Rollins, and John S. Todsen and Edith V. Todsen, a distance of 380.0 feet to a point;
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Thence turning and running S. 49°-11'-00" E., across the Westerly terminus of a possible future street sometimes known in whole or in part as Street No. 3, a distance of 40.0 feet to a point, said point being situated at the intersection of the Northeasterly side line of Robert (Private) Road, extended, with the Southerly side line of this layout of Pilgrim Road;
Thence turning and running S. 40°-49'-00" W., along the Southerly side line of this layout, across the Northerly terminus of said Robert (Private) Road, and by lands of Royal C. Jaques, Trustee of the Jaques Building Trust, and by lands of Guy A. Rossi and Gwendolyn L. Rossi, a distance of 380.0 feet to a point of curve.
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