USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 11
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63
The whole number of votes given in was sixty-three ; to wit, -
For Moderator, Charles H. Drew, sixty-three, and he took the chair.
In voting for Moderator, the check list was used, and no person was allowed to deposit his vote until his name was found on the list and checked.
Second Article taken up :
To see if the town will make additional appropriations for highways, sidewalks, and street lamps.
Mr. Charles D. Head, chairman of the Board of Selectmen, presented the following report ; viz., -
REPORT.
The appropriation for highways, made at the annual meeting, for general use was $30,000, and $6,000 for special expenditure on Boyl- ston street between the Reservoir House and Brighton street. The Selectmen believe that this special appropriation will be sufficient to accomplish the object for which it was made. The expenditure on high- ways generally has been $30,238.24, and they now ask for an appro- priation of $15,000, $7000 of this to be expended in Pond street in filling that street from the Ward schoolhouse southerly. This work can be done at a comparatively cheap rate, as the contractors for building the new reservoir on Parker's Hill will deliver any needed amount of material in Pond street, at $4.25 a square. The Brookline Land Company have just constructed a fifty-foot street, from High street to Pond street, and tell us, if we will make Pond street of the same grade where this street intersects it, they will fill up their lands in that vicinity to that grade. These lands are now low, and as they will probably soon be built over it is important that a suitable grade should be early established there for sanitary motives, as well as from economical grounds to the town. Three thousand five hundred dollars will be needed to complete the work of grading Boylston street on its southerly side from the house of Edward O. Marston to the corner of Walnut street, and the remainder of the sum asked for, $4000, is for any work that may be called for this coming winter, doing necessary repairs, cleaning gutters, and removing snow.
124
Brookline Town Records.
For sidewalks, the appropriation at the annual town meeting was $10,000. At that time it was the practice of the town to assess half the cost of constructing sidewalks on the abutters; but at the town meeting held May 1, 1873, it was " Voted, That it is inexpedient in the future for the Selectmen to assess any part of the expense of making and grading sidewalks upon the abutters, except in cases where the abutters are more interested than the public in having the sidewalk." As we have thus far constructed no sidewalks where we did not think they were called for by public convenience, we have not been able to avail ourselves of the $10,000 which it was supposed at the annual meeting would be received from the abutters. We have expended on sidewalks $12,104.26, and we now ask for an appropriation of $5000, $1175 of which it is proposed to expend on Washington street from the corner of Brookline avenue to the town line, and on Brookline avenue from the corner of Washington street to the town line. The remainder of the appropriation asked for, $1720.74, is for future expenditure, if, in the opinion of the Selectmen, it should be for the interests of the town to construct any more sidewalks this season, and for laying street crossings in such places as we deem necessary.
For street lamps the appropriations thus far have been $5000; we have expended $5843.03, and now ask for an appropriation of $2000; the $1156.97, we think, will enable us to light up the few dark places that are left in the town, by providing thirty to thirty-five more lamp posts in localities where they seem to us to be needed.
We therefore beg leave to offer the following votes.
The meeting then passed the votes recommended by the Selectmen, as follows ; to wit, -
Voted, That there be appropriated for highways, to be ex- pended under the direction of the Selectmen as Surveyors of Highways, the sum of fifteen thousand dollars.
Voted, That there be appropriated for sidewalks, to be ex- pended under the direction of the Selectmen as Surveyors of Highways, the sum of five thousand dollars.
Voted, That there be appropriated for placing street lamps, to be expended under the direction of the Selectmen, the sum of two thousand dollars.
Voted, That the Town Treasurer be authorized to borrow on the credit of the town, under the direction of the Select- men, the amounts thus appropriated.
Third Article taken up :
To see if the town will establish a school on Heath street, near Ham- . mond street, and buy a lot and buildings for the same.
125
Special Meeting, October 28, 1873.
Voted, That the matter of this Article be referred to the Selectmen, and that they be hereby authorized to purchase a lot of land and buildings on Heath street, near Hammond street, in the upper part of Brookline, and to establish a school therein for the young children of the locality, and that the sum of six thousand dollars be appropriated to purchase the land and buildings and fit up the buildings.
Fourth Article taken up :
To hear and act upon the report of the School Committee respecting the proposed new schoolhouse on the lot taken by the town for school purposes on Francis street, and to appropriate such sums of money a's may be necessary for the erection of such schoolhouse.
Dr. Robert Amory, for the School Committee, offered the following
REPORT.
Your committee beg leave to present the following : They have care- fully examined into the expediency of a new schoolhouse on Francis street, and in their opinion deem that a new schoolhouse is needed in that locality, but that at present it will be advisable for the town to build only a portion of the schoolhouse, embracing two rooms for the primary department.
In accordance with a vote requesting the committee to report plans and estimates, architects and master builders have been consulted, and in ac- cordance with such consultation, they present for the consideration of the town two plans, with the accompanying specifications, blank form of contract, and estimates of cost. They recommend either of these plans to the approval of the town.
1. The first plan represents a larger building, and will accommodate 9 more scholars in each room. It is a more attractive building, and more suited to the class of houses in the vicinty of the school lot. Its esti- mated cost, by contractors, is about 13,000 dollars, including an altera- tion in the slope of the roof, by which a higher-studded room is obtained in the second story.
2. The second plan is plainer in style, is smaller, and consequently will accommodate fewer pupils.
This building is the result of an endeavor, on the part of the committee, to obtain a cheaper building than that first proposed. Its estimated cost is 11,000 dollars.
There is no provision, as in the other plan, for an extension of the schoolhouse when required by future needs, or for the relief of the Pierce grammar school by the addition of a grammar department.
Your committee present the following vote, whose adoption they rec- ommend to the town.
126
Brookline Town Records.
If this vote is not adopted, they beg leave to present another vote con- cerning the second plan. All of which is respectfully submitted.
ROBERT AMORY,
CHARLES H. DREW, WM. H. LINCOLN,
R. G. F. CANDAGE, GEORGE BROOKS, A. W. BENTON, S. SALISBURY,
WM. W. NEWTON,
J. E. CABOT, School Committee.
Brookline, October 28, 1873.
Voted, That the School Committee, R. G. F. Candage, Stephen Salisbury, George Brooks, Austin W. Benton, William W. Newton, J. Eliot Cabot, Robert Amory, William Henry Lincoln, Charles H. Drew, be a special committee authorized and empowered to build a new schoolhouse on the lot of land recently taken by the town for schoolhouse pur- poses on Francis street ; that the School Committee be em- powered in the name of the town to sign a contract for a building according to the first plan proposed and amended as provided for by the specifications herewith presented, and that no payment be made to the contractors by the Town Treasurer unless the claim be endorsed by the School Committee or a sub-committee of its members so authorized, and at least three Selectmen at a regular meeting of their board.
Voted, That the sum of $13,000 be appropriated for the above purpose.
Fifth Article taken up :
To see if the town will purchase additional hose and enlarge the stable for the steam fire-engine.
Voted, That the sum of one thousand nine hundred dollars be appropriated for the purchase of additional hose.
Voted, That the sum of two thousand five hundred dollars be appropriated to enlarge the stable of the steam fire-engine, under the direction of the Selectmen.
Sixth Article taken up :
To act upon the claims of parties for labor done and materials fur- nished on the building of the Town Hall.
127
Special Meeting, October 28, 1873.
Mr. William A. Wellman, chairman of the Building Com- mittee of the Town Hall, presented the following
REPORT.
The Town Hall Building Committee, in their report made at the annual town meeting, on the 11th of April last, stated that the carpenter notified them on the 7th of January of his inability to complete his contract, and that they proceeded, as provided in the agreement, to finish the building, the payments to be charged to Mr. Melcher's account.
They have now to report that the bills paid for said work amount to $6564.12, and that there remains in the Town Treasury an unexpended balance of the appropriation of $2560.
Your committee have further to report that lien claims for labor done on the building have been filed with the Selectmen by six workmen, amounting in the aggregate to $470.22; and also a claim by George Moulton, stair builder, for materials and labor, for $2309.75, and there are other outstanding balances due to sub-contractors from Mr. Melcher, the exact amount of which we are unable to state, but which will not probably exceed $4500, which the committee have not recognized, as they have no authority to liquidate them. They have only to report the facts, and leave it for the town to determine what action is necessary to settle with the carpenter, and the outstanding balances under his contract.
It is due to Mr. Melcher to state that up to the time when he vacated his contract, his work was well done and meets general approval, and he has the sympathy of the committee in his misfortunes; but they have no authority to assume for the town his obligations.
Respectfully submitted,
W. A. WELLMAN, JOHN C. ABBOTT, AUGUSTINE SHURTLEFF, WM. ASPINWALL, Committee.
Brookline, October 28, 1873.
Voted, That George F. Homer, Thomas H. Bacon, and James W. Edgerly be a committee to audit, adjust, settle, and pay all claims, legal and equitable, of parties who have done work or have furnished material in the building of the new Town Hall, and for that purpose they be authorized to draw orders upon the treasury, the amount not to exceed the sum of five thousand dollars, which is hereby appropriated therefor in addition to the unexpended balance of the appro- priation for the Town Hall still in the town treasury, amount- ing to two thousand two hundred and sixty dollars, which orders shall be signed by a majority of said committee, which
128
Brookline Town Records.
orders shall be paid by the Treasurer and charged to the appropriation made therefor.
Voted, That the Town Hall Committee be discharged.
Seventh Article laid on the table.
Eighth Article taken up :
To act upon the proposition of the city of Boston to annex thereto a part of the town of Brookline.
Voted, That Thomas Parsons, James S. Amory, Robert S. Davis, Isaac Taylor, George W. Carnes, Charles O. Foster, and Thomas J. Lee be a committee for the purpose of pre- venting the annexation of the town of Brookline, or any part thereof, to the city of Boston, and that they be authorized to employ counsel and such other means as they may deem ex- pedient ; and for the purpose of defraying the expenses thereof, that they be authorized to draw orders upon the Treasurer, to be signed by a majority of said committee, which orders shall be paid by the Treasurer and charged to the appropriation for contingencies. Said committee may fill any vacancies in their number occasioned by resignation or otherwise.
The Ninth Article taken up :
To hear and act upon the reports of the Committee on Water Supply, appointed at a meeting of the town May 1, 1873, and to take definite action respecting a supply of water for the town, to make all appropriations necessary for that purpose, and to adopt such rules, regulations, or ordi- nances as may be deemed advisable.
The report of the committee appointed by the town May the first, 1873, to whom was referred the subject of examin- ing into the sources of water supply and report to the town, presented their report on that matter, which had been printed and distributed to the inhabitants of the town.
Voted, To accept the report, that the committee be dis- charged, and that the thanks of the town be presented to them for the faithful and impartial manner in which they have dis- charged their duties.
On motion of Henry V. Poor, it was -
Voted, That there be appropriated four hundred thousand dollars to supply the town with water under the Act entitled
129
Special Meeting, October 28, 1873.
" An Act to authorize the town of Brookline to take water from Charles river," to be raised and expended in accord- ance with the votes of the town; and that the Water Com- missioners proceed as soon as may be to contract for the necessary distribution pipes and the laying thereof, to an ยท amount not exceeding two hundred thousand dollars, in the following-named streets : -
Alton place, Andem place, Aspinwall avenue from Harvard to 'Tox- teth, Beacon from Winchester to Pleasant, Beacon from Hawes to C. K. Kirby's house, Boylston from Cypress to Washington, Brookline avenue from Washington to north end of Pearl place, Carlton, Chestnut from Walnut to High, Clyde, Colchester, Cypress, Cypress place from Cypress to R. S. Davis' house. Davis avenue from Cypress to Washington, Davis. place, Dudley, Essex from Mountfort to Brighton avenue, Francis, Grove,. Harvard from Washington to William J. Griggs' house, Hawes, Harvard avenue, High from Chestnut to Irving, Holden, Irving from High to Wal- nut, Ivy from Gregory's house to Guild's house, Kent, Linden place, Longwood avenue, Monmouth, Mountfort from Prescott to Essex, New- ton from Grove to Clyde, Park, Pearl place, Perry, Pierce from Holden to Prospect, Pleasant from Harvard to Egmont, Prescott, Prospect, School, Sewall from Walnut to middle entrance to Sewall place, Sewall place from Sewall to last house, St. Paul, Summit avenue, Toxteth, Vil- lage lane from Walnut to Guild's house, Walnut, Walnut place, Wash- ington from Roxbury line to Park, Webster place, White place, Winches- ter from Beacon to omnibus stables, and place off Washington street near Pond avenue.
But that said commissioners take no action in relation to works for taking water from Charles river until after the meeting to be held in adjournment of this meeting.
The following rules, regulations, and ordinances, prepared by a committee appointed for that purpose March 19, 1873, which were presented at the annual meeting March 31, 1873, and laid over, were again presented slightly amended, and were read by Mr. C. D. Head, chairman of said committee ; to wit, -
The Joint Committee on Water Supply, who were instructed by the fol- lowing vote, passed on the nineteenth day of March A.D. 1873, to wit, -
" Voted, That the Joint Committee on Water Supply be a committee to draft rules, regulations, and ordinances for the government of the Water Commissioners of the town of Brookline, to recommend the amount of their salaries, and to report at the next annual town meeting, before the choice of commissioners " -
130
Brookline Town Records.
Respectfully report the following ordinance for the government of the Water Commissioners, and recommend its adoption by the town.
CHARLES D. HEAD, HORACE JAMES,
WILLIAM ASPINWALL,
JAMES W. EDGERLY,
CHARLES K. KIRBY,
Selectmen of Brookline.
WILLIAM ASPINWALL,
CHARLES D. HEAD,
EDWARD S. PHILBRICK,
ISAAC TAYLOR,
ROBERT AMORY,
Committee on Water Supply.
Ordinances concerning Water Commissioners.
Section 1. Whereas the General Court in the year one thousand eight hundred and seventy-two passed an Act entitled " An Act to authorize the town of Brookline to take water from Charles river," being Chapter three hundred and forty-three of the Acts of said year; and whereas, at a legal town meeting of the inhabitants of said town, holden on the sev- enth day of May A.D. 1872, said Act was duly accepted by a majority of the legal voters of said town present and voting thereon, in accordance with the provisions of said Act; and whereas, at a legal town meeting of said inhabitants, holden on the twenty-seventh day of February A.D. 1873, said Act was again accepted by a majority of the legal voters of said town present and voting thereon, the vote being taken by ballot and the check list being used ; and whereas, at a legal town meeting of said in- habitants, holden on the nineteenth day of March A.D. 1873, by adjourn- ment from the eighteenth day of March A.D. 1873, said town voted that it thereby declared that it proposed to take seven hundred and fifty thou- sand gallons of water daily from Charles river, in accordance with the provisions of said Act ; and whereas, at the town meeting last mentioned, the town voted to issue scrip or certificate of debt for the purpose of in- troducing said water into said town, and that three commissioners, to be styled " Water Commissioners," should be chosen by ballot in the man- ner set forth in said vote: Therefore the said votes are hereby ratified, confirmed, and passed again by a majority of the legal voters of said town present and voting thereon at this legal meeting of said inhabitants, ex- cept so far as the said votes may be modified by the present ordinance, which the said town now passes for the purpose of introducing water from Charles river into said town in accordance with the provisions of said Act.
Section 2. For the purpose of carrying into effect the provisions of said Act, and for the purpose of introducing said water into said town, there shall be chosen by ballot at the annual meeting holden in the year 1873, three inhabitants of the town of Brookline, who shall be styled " The Brookline Water Commissioners," one of whom shall be chosen to hold office until the annual meeting in 1874, one to hold office until the annual
131
Special Meeting, October 28, 1873.
meeting in 1875, and one to hold office until the annual meeting in 1876, and at every annual meeting after 1873, one Commissioner shall be chosen to hold office until the annual meeting in the third year after the meet- ing at which he shall have been chosen. In case of a vacancy by death, resignation, removal from town, or other cause, the vacancy shall be filled at the next town meeting after the occurrence of such vacancy, unless the water works contemplated by said Act shall be sooner com- pleted, and in that case, until the completion of said works, when the offices of said commissioners shall expire.
Said commissioners shall choose their chairman annually at their first meeting after the annual town election, and two commissioners shall be a quorum for the exercise of the powers and performance of the duties of said office.
Section 3. Said commissioners shall receive as compensation for their services a salary of one thousand dollars each per annum, payable quar- terly.
Section 4. Said commissioners shall have authority to convey into and through said town the waters of said Charles river, in accordance with the provisions of said Act, and shall have and exercise all the powers con- ferred on said town by said Act, and may take, by purchase or otherwise, the waters of said river, and any water rights connected therewith, and any real estate necessary for laying aqueducts and forming reservoirs, and for any of the purposes of said Act, and may also make contracts for labor and materials for the construction of said water works, which shall be valid and binding on said town, and which may be suitable and proper for executing, facilitating, expediting, and finishing the works in the most speedy, economical, advantageous, permanent, and effectual manner.
Section 5. Whenever said commissioners shall take, by purchase or. otherwise, any lands, water, water rights, or water sources for the pur- poses mentioned in said Act, they shall without unnecessary delay make and deliver to the Selectmen a certificate, signed by them, containing a statement of the fact of such taking, and a description of the lands or water sources so taken, as certain as is required in a common conveyance of lands, and a statement of the purposes for which they are so taken, to the end that the Selectmen may cause such statements and descriptions, signed by them, to be filed in the Registry of Deeds of the county and district in which said lands, water rights, or sources lie, as required by the second section of said Act.
Section 6. All work, except as hereby otherwise provided, shall be done by contract, and all contracts for labor and materials in the prose- cution of said work shall be in writing and executed in triplicate, one of which triplicate shall be kept by the commissioners, one shall be deliv- ered to the Town Clerk, and one to the contractor, and no such contract shall be executed unless good and satisfactory security for the faithful performance of the same, and also to indemnify and save the town harm- less from and against all claims against said town by persons who may have done work or labor in the construction, erection, and preparation of said works, at the request of such contractor, shall be given by the con- tractor and approved by the commissioners. Said commissioners, when not otherwise authorized by the town, shall advertise in one or more
132
Brookline Town Records.
newspapers in Boston, and in such other places as they may think best, for sealed proposals for all such contracts, specifying the time and place where the same shall be received ; and such proposals, in order to be re- ceived and acted upon, shall set forth a specified sum or price to be paid for all such labor or materials, or for either, without condition, limitation, or alteration, and shall be accompanied with a bond satisfactory to the commissioners, conditioned for the faithful execution of the proposal if the same shall be accepted, and the contents of any proposal shall not be made known to any person not a member of the commission, until a con- tract shall have been made ; provided that said commissioners may in their discretion reject any or all such proposals ; and no contract shall be as- signed without the written consent of said commissioners. Said Com- missioners shall give preference in making contracts, all other things being equal, to citizens of the town, and to citizens of long residence, over citizens of recent residence. Nothing herein contained shall require said commissioners to advertise for proposals for the ordinary extension of street mains and water pipes, or repairs of the water works. Said commissioners shall have power and authority to employ such engineers, agents, clerks, and servants as they may deem necessary, and to agree with them for their compensation, which shall be paid out of the town treasury.
Section 7. No one of said commissioners, as a town officer who re- ceives compensation from the town for his services, and no person ap- pointed to any office or employed by virtue of this ordinance, or by the aforesaid Act, shall be interested directly or indirectly in any bargain, contract, sale, or agreement in relation to said water works, or any mat- ter or thing connected therewith, wherein the town is interested, without an express vote of the town previously passed; and any and all con- tracts, bargains, sales, or agreements made in violation of this section shall be void as to the town.
Section 8. It shall be the duty of the commissioners to exercise all reasonable vigilance and care by personal inspection, examination, and supervision, from day to day or from time to time, as circumstances may require, of all matters and things herein committed to their charge; to see that all works, matters, and things to be done, executed, and per- formed by and through their agency, and under their superintendence, by virtue of the Act aforesaid and of this ordinance, shall be done, executed, and performed in a substantial, economical, and effectual manner; that all the engineers, officers, clerks, agents, and other persons who may be employed by them in the works aforesaid, execute and discharge the duties and labors assigned to them, respectively, in a diligent and faith- ful manner; and that all contracts and agreements made and concluded by them in the execution of the duties of their office are faithfully and properly executed and performed.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.