USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1945-1949 > Part 26
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Sullivan, John V., Pike St.
Farmer
Wells, Arthur W., Whipple Rd. Salesman
Zumbrunnen, Rudolph, Lake St. Gas Maker
VICTOR N. CLUFF,
EDWARD J. SULLIVAN,
WILLIAM B. CARTER,
Selectmen of Tewksbury.
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TABLE OF ESTIMATES FOR 1948
Schools
$108,853.50
Old Age Assistance (plus Federal Grants)
32,000.00
Aid to Dependent Children (plus Federal Grants) 15,000.00
General Relief
9,000.00
Administration-Welfare Dept.
2,740.00
Highways
22,500.00
Police Department
14,880.00
Fire Department
14,683.40
Street Lighting
7,550.00
Town Hall
5,595.00
Assessors
4,700.00
Tree Warden
3,950.00
Moth Dept.
2,780.00
Veterans' Benefits
2,000.00
Board of Health
2,000.00
Collection of Taxes
1,150.00
Stationery and Printing
1,875.00
Board of Registrars
1,035.00
Incidentals
840.00
Care of Cemeteries
200.00
Office Expenses of Town Clerk
170.00
Inspection of Slaughtering
800.00
Inspection of Animals
150.00
Dog Officer
300.00
Sealer of Weights and Measures
225.00
Maintenance of Legion Headquarters
125.00
Park Commission
575.00
Library-Plus Dog Tax
1,300.00
Vocational School
1,500.00
Interest on Loans
400.00
Municipal Insurance
500.00
SALARY ACCOUNTS
Auditor
$ 1,100.00
Town Clerk (plus all fees)
1,000.00
Tax Collector
2,500.00
Election Officers
480.00
Treasurer
2,750.00
School Committee
225.00
Selectmen
1,100.00
Road Commissioners
400.00
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WARRANT FOR ANNUAL TOWN MEETING
Middlesex, ss :
To either of the Constables of the Town of Tewksbury, in said County :
Greeting :
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Tewksbury, qualified to vote in town affairs, to meet and assemble at Town Hall in said Tewksbury on Wednes- day, February 18, 1948 at } :30 o'clock, P. M. to act on the following articles, except Article 1, and you are also hereby further required and directed to notify and warn the said in- habitants of the Town of Tewksbury, who are qualified to vote on elections and town affairs, there in to assemble sub- sequently and meet in town meeting at the polling places in said Town of Tewksbury, on Wednesday, February 25, 1948 at 10 o'clock A. M., then and there to act on the following Article 1.
The polls for the election of Town Officers to be opened at ten o'clock A. M. and to be closed at 8 P. M.
ART. 1. To choose all necessary Town Officers, to choose by ballot a Moderator, Town Clerk to serve three years, three Selectmen to serve one year, three members of the Board of Public Welfare to serve one year, one member of the Board of Health to serve three vears, a Town Treas- urer, a Collector of Taxes, a Tree Warden, all to serve three years. One Road Commissioner to serve three years, one member of the School Committee to serve three years, two Trustees of the Public Library to serve three years, one Park Commissioner to serve three years, one Assessor to serve three years, and one Commissioner of Trust Funds to serve three years. One Park Commissioner to serve one year, an Auditor to serve one year and three Constables all to serve one year.
ART. 2. To hear reports of Town officers and committees and act thereon. Board of Selectmen.
ART. 3. To see what sums of money the Town will vote to raise by taxation to defray necessary expenses for the current year, and make appropriations for the same. Board of Selectmen.
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ART. 4. To see if the Town will vote the money arising from licensing dogs, for the ensuing year to aid in sup- port of the Public Library. Board of Selectmen.
ART. 5. To see if the Town will vote to authorize the town treasurer, with the approval of the selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1948, and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Board of Selectmen.
VOTED: That the town treasurer, with the approval of the selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1948, and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chap- ter 44, General Laws. Board of Selectmen.
ART. 6. To see what sum of money the Town will vote to raise and appropriate for a reserve fund under Section 6 of Chapter 40 of the General Laws, or take any other action on same. Board of Selectmen.
ART. 7. To see if the Town will authorize the Selectmen to institute suits on behalf of the Town or defend any suits that are, or may be brought against the Town, and to sign any contracts or agreements in behalf of the Town. Board of Selectmen.
ART. 8. To see if the Town will vote to authorize the Board of Selectmen and the Treasurer to foreclose either through the Land Court or by affidavit of the Commis- sioner of Corporations and Taxation, any Tax Title held by the Town for more than two years, and to see what sum of money the Town will vote to raise and appro- priate therefore or take any other action relative thereto. Board of Selectmen.
ART. 9. To see if the Town will vote to authorize the Se- lectmen to sell, after first giving notice of the time and place of sale by posting such notice of sale in some con- venient and public place in the town fourteen days at least before the sale, property taken by the town under tax title procedure provided that the selectmen or whom- soever they may authorize to hold such public auction may reject any bid which they deem inadequate, or take any action relative thereto. Board of Selectmen.
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ART. 10. To see if the Town will vote to authorize the Town Treasurer with the approval of the Board of Select- men to sell any parcel or parcels of land acquired by the Town through Tax Title foreclosure proceedings whose Tax Title value is less than $100.00, for whatever sum it may be in their judgment to the best interest of the Town, or take any other action relative thereto.
Board of Selectmen.
ART. 11. To see what action the Town will take relative to amendments or repeal of any of its By-Laws and to hear the report of the committee appointed to make recom- mendations on amendments and additions to the By- Laws, which report is that the present By-Laws, with the exception of the Zoning By-Laws, be repealed and that new By-Laws be enacted as follows :
BY-LAWS-TOWN OF TEWKSBURY ARTICLE I. - Town Meeting
Section 1. The annual town meeting for the annual election of town officers shall be held on the fourth Wednesday in February. Polls shall be open from 10 a.m. to 8 p.m. All other business shall be transacted on the third Wednesday in February, commencing at 7:30 p.m.
Section 2. Copies of every warrant shall be posted upon the Town Hall and in each of the post offices, and at least five hundred extra copies shall be left at the post offices and at the Town Hall and at such convenient places as the Selectmen shall think proper at the time of public posting of the warrant for distribution to any citizen.
Section 3. Notice of adjourned meetings shall be posted by the Town Clerk in each of the post offices and on the Town Hall as soon as practicable after adjournment, with brief statement of business to come before the meeting.
Section 4. Such town offices as are required by law to be chosen by ballot, and their respective terms of office, shall be designated in the warrant for the annual meeting.
Section 5. The number of voters necessary to constitute a quorum at town meetings shall be five per cent of the number of registered voters at the last preceding annual town meeting.
Section 6. The Town Clerk shall include a copy of the minutes of all meetings held during the current year in the Annual Report of the Town Officers of the Town of Tewksbury.
Section 7. At the time appointed the Moderator shall call the meeting to order and all persons shall be seated. The Moderator shall read each article before it is placed before the meeting for considera- tion unless the reading of the article is waived by the voters.
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Section 8. When the annual meeting has been duly organized the presiding officer shall call on any clergyman present to open the meeting with prayer, after which the Moderator shall submit the ar- ticles contained in the warrant to the action of the meeting.
Section 9. No person shall speak twice on any one subject, if any other citizen who has not spoken already thereon shall desire to speak nor shall any person speak for more than ten minutes at one time, ex- cept by vote of permission.
Section 10. No vote shall be reconsidered, except by a two-thirds vote, at the meeting at which it is passed. When the previous ques- tion is moved, if the meeting shall decide that the previous question shall not be ordered, then the debate shall continue the same as if the previous question had not been moved. A motion for the previous question shall have precedence over a motion to indefinitely postpone and shall prevail if a majority vote is had in favor of said motion.
Section 11. No final action shall be taken at any meeting on the report of any committee previously chosen, when it involves an ex- penditure of five hundred dollars ($500) or more, unless the same shall be especially notified in the warrant calling such meeting.
Section 12. The proceedings of the meeting shall be governed by the rules of practice contained in Roberts Rules of Order, except as modified by these By-Laws.
Section 13. It shall be the duty of the Town Clerk to immediate- ly notify in writing all members of committees that may be elected or appointed at any town meeting, stating the business upon which they are to act and the names of the committee.
ARTICLE II. - Accounts, Auditing and Reports
Section 1. At each annual meeting the town shall choose one Au- ditor by ballot whose duty it shall be to inspect all bills presented against the town; see that they have the approval of the board or committee contracting the same, and are in proper form; indicate the account to which they are chargeable: and if there are available funds shall transmit the same with his certificate to the Town Treasurer, au- thorizing payment thereof, and cause an abstract of the same to be entered in a book. He shall examine the books and accounts of all officers and committees intrusted with the receipt, custody, or expen- diture of money, and report in detail under their respective heads. Said report shall be printed with the annual report of the other town officers.
Said Auditor shall receive for his services such compensation as the Town shall determine.
On request from heads of departments, or the Selectmon, he shall inform the board or officer making the request of the amount of the unexpended balance of any appropriation.
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Section 2. There shall be an annual audit of the Town's accounts under the supervision of the Director of Accounts of the Department of Corporation and Taxation in accordance with the provisions of Section 35, Chapter 44 of the General Laws.
Section 3. It shall be the duty of the Selectmen, to prepare and print in the annual town report a table of estimates of all annual ap- propriations proposed to be made at the annual meeting. In order that they may make such a table, eachi board or standing committee shall make out a detailed estimate for each respective annual appro- priation needed, with reasons therefor, and cause the same to be handed to the Selectmen in writing, together with a list of all con- tracted unpaid bills for the year last past, in season for such publica- tion, and not later than January 10 of each year.
Section 4. All other appropriations other than the annual appro- priations before named, to be asked for at any meeting of the town, shall be filed in a written notice with the Selectmen at least thirty days before said meeting, stating object and sum of appropriation in- tended to be asked. It shall thereupon be the duty of the Selectmen to examine into the subject and be prepared to inform the town there- on.
Section 5. The contracts for printing the annual town reports shall be made by the Selectmen, and all annual reports and all other reports intended to be bound up with the annual town reports shall be sent to the Selectmen not later than January 15 in order that they may be able to contract for printing then, and to report upon the recommendations as required by section three of this article.
Section 6. The Town Clerk shall, within one week after the final adjournment of any town meeting, submit to the Selectmen the offi- cial record of such meeting, and the Selectmen shall cause the same to be prepared for publication in the annual town report. It shall also be a part of his official duty to prepare a report upon the vital statis- ties for publication in the annual report.
Section 7. The Board of Health shall report such statistics, recommendations and suggestions as they shall deem suitable, in or- der to give to the town full information upon the subject of the pub- lic health and sanitary welfare of the inhabitants of the town.
Section S. The Selectmen, Board of Health, Board of Public Wel- fare shall in their respective annual reports state what action they have taken in the year preceding. The Selectmen shall especially give full reports in regard to all suits against the town, with all the circumstances relating thereto.
Section 9. In his annual report the Treasurer shall state specific- aly the objects for which the debt of the town was incurred during the year preceding, and recite the vote under which the money was bor-
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rowed, and shall render a classified statement of all expenditures and receipts of the town in such detail as to give a fair and full exhibit of the objects and methods of all expenditures. He shall also state the amount of money received from other sources than taxation by the town, and the expenditures, tax rate, and town debt for the preceding ten years.
Section 10. The treasurer shall in addition to posting notice of a Low Value Land sale in some convenient public place, have a copy of such notice published in the current issue of the local newspaper.
Section 11. The assessors shall append to the annual report a table of valuations, real, personal and total, the rate of taxation, and the amount of money raised, and they shall also publish a valuation list every fifth year, beginning with the annual report for the year 1948.
Section 12. The School Committee shall append to the annual re- port a statement of the total number of children who have attended the public schools during the year.
Section 13. All boards, standing committees, special committees, or officers of the town, having the charge of the expenditure of money, shall annually report thereon in print in such a manner as to give the citizens a fair and full understanding of the objects and methods of such expenditures, referring however, to the report of tlie Auditor for specific details.
Section 14. The annual town reports shall be printed and ready for distribution at least ten days before the annual town meeting.
ARTICLE III. - Financial
Section 1. The financial year of the town shall begin with the first day of January in each year and end with the thirty-first day of December following.
Section 2. No money, except State and County taxes, and princi- pal and interest of town notes, shall be paid from the town treasury without the approval of the board or committee authorized to expend the same, and properly certified to by the Auditor as in accordance with the provisions of Section 1 Article II of these By-Laws.
Section 3. All promissory notes of the town shall be signed by the Treasurer and countersigned by the Selectmen.
Section 4. All taxes shall be assessed and committed to the Col- lector on or before the fifth day of August in each year and the col- lector shall deliver all the tax bills within twenty days after such committment.
Section 5. At the conclusion of any town meeting, the Town Clerk shall send to the Auditor a certificate stating the amounts of the sev- eral appropriations made or expenditures authorized by the town.
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Section 6. Selectmen and all boards, committee heads and depart- ments of the town authorized by law to spend money shall furnish to the Town Accountant, or if there is no Town Accountant, to the Town Treasurer, on or before December 15 detailed estimates of any in- come or monies likely to be received by the town which are already due or which are likely to be received by the town during the ensu- ing year in connection with the town's business or property intrusted to their care, and also the amount of incumbrances on any appropria- tions already made.
Section 7. Any officer or board who is the head of a department may dispose of personal property of the town of a value not over One Hundred and Fifty Dollars ($150), which has become obsolete or worn, or no longer necessary for the operation of the department, for consideration which shall be approved by the head of the department and Board of Selectmen.
ARTICLE IV. - Finance Committee
Section 1. At the annual meeting and before the final adjournment thereof there shall be appointed by the Moderator a Finance Commit- tee, consisting of twelve members, two of whom shall be appointed from each of the following sections: North, East, South (the district south of Shawsheen River), West, Center and Wamesit, to serve until the final adjournment of the next annual meeting, and until their suc- cessors have been appointed, none of whom shall be an officer of or a member of any board of the town, except that in addition one mem- ber of the Selectmen, Road Commissioners and School Board, each of whom shall be chosen by their respective boards, shall be members of said committee without voting power. The Moderator shall fill all vacancies except appointees of the Selectmen, Road Commissioners and School Board.
Four members shall be appointed to serve for three years to fill the vacancies resulting from the expiration of the terms of four mem- bers in 1949; four members shall be appointed to serve for three years to fill the vacancies resulting from the expiration of the terms of four niembers in 1950; four members shall be appointed to serve for three years to fill the vacancies resulting from the expiration of the terms of four members in 1951; and thereafter four members shall be appointed each year to serve for three years to fill the vacancies resulting from the expiration of the terms of four members.
Section 2. The finance committee shall meet and organize by the election of a chairman and clerk on the second Monday of March fol- lowing the annual meeting. When the warrant for a town meeting contains any article or articles under which involve appropriations or expenditure of money, or the disposition of any property of the town, the Finance Committee shall consider said articles after giving one or more public hearings thereon, and shall report in print its
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recommendations to the said town meeting. The number of members in attendance at the public hearings and at each meeting of the com- mittee and a statement of the number of dissenting votes on the recommendation of each article shall be included in the report of the committee. The report of the committee shall also include in parallel colunins the amount of the expenditures for the same purpose for each of the two previous years, the department estimate and the Fi- nance Committee recommendation for the current year. Their printed report shall be available to the voters at least one week before the annual business meeting.
Section 3. On or before December 15 of each year the Board of Selectmen, the Board of Public Welfare, the Board of Health, the As- sessors, the Town Clerk, Collector of Taxes, the School Board, Town Auditor, Chief of the Fire Department, Tree Warden and the heads of other town departments vested by law with receipt or disburse- mient or spending of money, shall submit in writing to the Secretary of the Finance Committee an estimate of the prospective expenditures of his or their respective departments. Such estimates shall contain a breakdown of the principal items of proposed expenditures includ- ing wages, salaries, equipment, supplies and such other items as may be deemed advisable by the department.
If the estimate for wages or salaries includes compensation for employment additional to the employment for the previous year, or any reduction or increase of salary or wages is contemplated, such es- timates shall state the work contemplated to be performed by such additional employees, and the reduction or increase in compensation of any employee or officer of the department shall be stated in the estimate.
Unless such estimates are submitted at the time and in the form provided no appropriation in excess of the appropriation for the pre- vious year of the department failing to file the estimates as above provided shall be made at the annual town meeting.
Upon request of any member of the Finance Committee such of ficials and heads of the above-named departments shall appear be fore the Finance Committee to explain the reasons for their respective estimates at any public hearing or other sessions of the committee.
Officers or boards having charge of any department may require any subordinate officer to furnish to him or them in writing with any information deemed necessary by the officer or board to make his or their estimate to the Finance Committee.
Section 4. No action of the Finance Comunittee shall be valid un- less taken at a duly called meeting or an adjournment thereof.
Each member of the committee shall be given written notice of the time and place of the meetings by having said notice mailed to
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him at least seventy-two hours before the meeting by the Clerk or Chairman of the committee.
ARTICLE V. - Contracts by Town Officers
Section 1. No member of the Board of Selectmen shall have any pecuniary interest, direct or indirect, either personally or through another person in any loan, contract or employment of any sort what- ever, in which the town is interested except by specific vote of the town. And no other officer of the town shall have any such interest in any loan, contract or employment made by, with, or for that depart- mient to which his duties pertain in any case, or in any loan, contract or employment of the town whatsoever, without the permission of the Selectmen expressed in a vote, which shall appear upon their records, together with the reasons therefor.
All contracts or employments made in violation of this law shall be void as to the town, and no bills therefor shall be approved, au- dited or paid.
ARTICLE VI. - Streets
Section 1. No person or persons shall break or dig up, or aid in digging up, any part of any street, or remove any earth or gravel therefrom without first obtaining a written license from the Select- men or surveyor of highways, or road commissioners, for that purpose.
Section 2. No person shall make any marks, letters or figures of any kind, or place any sign, advertisement or placard upon or against any wall, fence, post, ledge, stone, tree, building or structure, in or upon any street in this town, without permission of the owner there- of, nor in any way cut or mutilate any tree in any public highway.
Section 3. The Selectmen, or Road Commissioners, are empow- ered to so regulate the grade, width and height of the sidewalks of any street, as shall, in their judgment, be most conducive to the con- venience and interest of the town.
Section 4. No person shall drive or draw any cart or wagon. sted, bicycle or other vehicle (except children's hand carriages) over or upon any footpath or sidewalk in the town, or permit any horses or other grazing animal under his care to go upon such sidewalks or stand thereon.
Section 5. No person shall place any obstruction in any street, or on any sidewalk, and allow the same to remain there without first obtaining the consent in writing of the Board of Selectmen, or Road Commissioners.
Section 6. Every person violating any of the provisions of any section of this article shall be punished by a fine not exceeding
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twenty dollars, for and every offense, to be recovered by complaint before a trial justice or district court of competent jurisdiction in the County of Middlesex.
Section 7. No person shall place, throw, dump or otherwise de- posit posters, handbills, flyers, advertising sheets, waste rubbish or garbage in or from the public streets or ways or other land owned by the town, except at such points as may be designated by the town or Selectmen.
ARTICLE VII. - Hawkers and Peddlers
Section 1. Hawkers and peddlers of fruit and vegetables in the Town of Tewksbury, who are not engaged in the pursuit of agricul- ture, are required to be licensed by the Board of Selectmen. But the license fee for said hawkers and peddlers shall be fixed by said Board of Selectmen at a sum not exceeding that prescribed by Section 22 of Chapter 101 of the General Laws and acts amendatory thereto for a license embracing the same territorial limits.
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