USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 49
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Hunnewell, Francis
Weeks, Allen S.
James, Horace
White, Francis A.
Johnson, Felix, Jr.
White, Isaac D.
Kendall, Henry A.
Whyte, Oliver
Kenrick, David T.
Worthley, George H.
Lamb, Salem T.
Young, John D.
Lincoln, Albert L.
Attest : B. F. BAKER, Town Clerk.
Brookline, Mass., February 17, 1881.
Voted, That the list be accepted.
Eighth Article taken up :
To see what action the town will take on the claim of Mrs. Mary O'Day.
On motion of Mr. Charles H. Drew, it was -
Voted, That the sum of three hundred dollars be appro- priated to move the house of Mrs. Mary O'Day.
Haseltine. William B.
Verney, Osavius
Greene, George F.
Mayo, Herbert A.
Mahan, Michael
596
Brookline Town Records.
Tenth Article taken up :
To see what action the town will take upon the claims of persons as- serting rights of drainage in the sewer in the village.
On motion of Mr. Charles H. Drew, it was -
Voted, That the sum of one thousand five hundred dollars be appropriated to settle the claims of persons having a right to drain into the sewer in the village.
Voted, That the Selectmen be authorized to abate the sewer assessments of those persons having a right to drain into the sewer in the village.
Adjourned, to meet in this place on Monday, the fourth day of April next, at half-past seven of the clock in the evening.
Attest : B. F. BAKER. Adjourned.
Town Clerk.
ADJOURNED ANNUAL MEETING, APRIL 4, 1881.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Monday, the fourth day of April in the year of our Lord one thousand eight hundred and eighty- one, and were called to order at half-past seven of the clock in the evening, by the Moderator, Rufus G. F. Candage.
The records of the last meeting were read and approved.
Mr. Charles H. Drew, chairman of the Board of Select- men, to whom was referred the subject matter of the Twelfth Article in the warrant, in relation to instructing the Select- men to apply to the County Commissioners of Norfolk County, in connection with the Street Commissioners of the city of Boston, to lay out a road or street from Grove street by the northerly side of Walnut Hills Cemetery to Boston line, to connect with Allandale street or Centre street, reported that the Selectmen had considered and examined the matter, that no doubt such a way would be a great convenience to people desiring to go from that part over to the Allandale springs and that part of Boston, but that they were of the opinion that it was not proper for the town to make the application to the County Commissioners.
597
Adjourned Annual Meeting, April 4, 1881.
On motion of Mr. Edward S. Philbrick, it was -
Voted, That the matter of the Twelfth Article be indefi- nitely postponed.
Mr. Austin W. Benton, for the committee to whom was referred the Ninth Article in the warrant, in relation to cover- ing the sewer in the rear of the estate of Mr. James Driscoll on Pearl street, presented the following report ; viz., -
The committee appointed on the Ninth Article in the warrant have considered the matter assigned them, and present herewith their
REPORT.
We have visited and inspected the premises complained of. The open sewer is six hundred and seventy-one feet in length, from that part of the sewer which is covered to the town sewer recently built, and which crosses this sewer. The petitioners represent that foul odors emanate from this open sewer in the hot weather which make the dwellings near it very disagreeable. To cover it properly and to the acceptance of the Boston & Albany Railroad Company, on whose land it was built, would require an outlay, in the judgment of your committee, of from nine to ten thousand dollars, perhaps more even than the largest sum named. The new project for park improvements on the line of Muddy river, which is alluded to in the annual town reports, if carried out, would be likely to include an improvement in this sewer. It does not seem to your com- mittee desirable for the town to make so costly an outlay on this sewer until the matter of the other contemplated improvements in that vicinity have been developed or decided upon, so that the town may be able to judge of the bearing of those improvements on this locality. If the es- tates which now drain into this open sewer could be provided with drain- age into the new sewer recently constructed by the town, and this be used as a conduit for storm water only, and kept free from pollution, the objection now made would be obviated. This sewer now seems to be a receptacle for refuse substances of all kinds, which impede the free flow of the water and assist in polluting the air when the weather is hot. Your committee would recommend that this sewer be thoroughly cleared, and, so far as can be, be kept cleared from all these foreign substances, and after the town shall have decided what action it will take upon the Muddy-river improvement scheme, the matter of this sewer can be taken up and such measures adopted as will remedy the trouble complained of. A. W. BENTON, JOHN GIBBS, JOHN PANTER,
Committee.
Brookline, April 4, 1881.
Voted, That the report be accepted and the recommenda- tions adopted.
On motion of Mr. Moses Williams, Jr., it was -
598
Brookline Town Records.
Voted, To take up the Fourteenth Article.
Fourteenth Article taken up :
To raise and appropriate such sums as may be necessary for all or any of the purposes mentioned in the foregoing articles, or as may be required to defray the expenses of the town for the ensuing year, and especially to act upon all the appropriations asked for or proposed by the Auditors, or by any town officers or committees.
Mr. Moses Williams, Jr., moved -
That the sum of two thousand five hundred dollars be added to the ap- propriation for the police.
After a very full and free discussion of the matter, the mo- tion was put to the meeting, and was decided in the negative.
The committee to whom was referred the subject matter of the Fourth Article, in relation to purchasing from the trus- tees under the will of Augustus Aspinwall, for a gravel pit, a lot of land formerly owned by James H. Cowan, in the rear of Clyde and Warren streets, containing about 96,800 square feet, at a price of three thousand dollars, presented the fol- lowing report ; to wit, -
REPORT.
BROOKLINE, April 2, 1881.
The undersigned, being a committee to whom was referred the Fourth Article in the town-meeting warrant, also the report of the Selectmen upon the same, beg leave to respectfully report as follows : That after a careful examination of the subject, they recommend the purchase by the town from the trustees under the will of Augustus Aspinwall, for a gravel pit, a lot of land formerly owned by James H. Cowan in the rear of Clyde and Warren streets, containing about 96,800 square feet, at the price of three thousand dollars. They would present the following vote.
THOMAS PARSONS, CHARLES D. HEAD, W. A. HUMPHREY, Committee appointed by the Town.
Voted, To accept the report.
Voted, That the Selectmen be authorized to purchase from the trustees under the will of Augustus Aspinwall, for a gravel pit, a lot of land formerly owned by James H. Cowan, in the rear of Clyde and Warren streets, containing about 96,800 square feet, at a price not exceeding three thousand dollars.
Fourteenth Article taken up :
599
Adjourned Annual Meeting, April 4, 1881.
To raise and appropriate such sums of money as may be necessary for all or any of the purposes mentioned in the foregoing articles, or as may be required to defray the expenses of the town for the ensuing year, espe- cially to act upon all the appropriations asked for by the Auditors, or by any town officers or committees.
Mr. Thomas Parsons moved that the sum of one hundred thousand dollars be added to the sinking fund, to be raised upon the securities of the town, to be borrowed by the Treas- urer, under the direction of the Selectmen, for a period of twenty years, at a rate of interest not exceeding four per cent. per annum, to be paid semi-annually ; the proceeds of said bonds to be paid to the Commissioners of the Sinking Fund, and that it be referred to a committee of five, to be appointed by the Moderator, to report at a future meeting.
The Moderator appointed the following gentlemen to com- pose said committee ; viz., -
Committee on Motion to add $100.000 to the Sinking Fund: John C. Abbott, Charles D. Head, Thomas Parsons, Austin W. Benton, James M. Codman.
On motion of Mr. Thomas Parsons, it was -
Voted, That the vote passed at the last meeting, March the twenty-fifth, whereby the town voted to borrow the sum of thirteen thousand dollars for a period not exceeding one year, and that the sum of ten thousand five hundred and seventy dollars be raised by taxes the present year, be and hereby is reconsidered.
On motion of Mr. Thomas Parsons, it was -
Voted, That the Treasurer be authorized to borrow, under the direction of the Selectmen, the sum of twenty-four thou- sand dollars, for the purpose of laying new water mains, and for the construction and extension of said works, and to issue the bonds or certificate of indebtedness of the town therefor, to be denominated Brookline Water Scrip, bearing interest at a rate not exceeding four and one-half per cent. per annum ; said scrip to run for a period of time at the discretion of the Selectmen, to be signed by the Treasurer and countersigned by a majority at least of the Selectmen, and to be issued in conformity with the form of certificate of debt adopted by the town for that purpose.
600
Brookline Town Records.
On motion of Mr. Charles H. Drew, it was -
Voted, That the sum of one thousand and two hundred dol- lars be added to the sinking fund, to provide for the increase of water scrip.
Voted, That the sum of five hundred dollars be added to the appropriation for interest, to provide for the interest on the increase of water scrip.
The Sixth Article taken up :
To hear and act upon the reports of town officers and committees.
On motion of Mr. Charles H. Drew, it was -
Voted, That the reports of the town officers and commit- tees, which had been printed and distributed among the in- habitants before the town meeting, be accepted.
Voted, That the Selectmen be authorized to lay lateral sew- ers in the streets of the town, and pay for the same from the money in the town treasury received from sewer assessments within the current year, provided that no such work be under- taken unless there is sufficient money in the treasury received. from sewer assessments, at the time of beginning the work, to defray the cost of the same, and that the Selectmen notify the abutters on the streets where said sewers are proposed to. be laid, and give a hearing on the same.
The report of the Selectmen upon the public grounds was. taken up, and so much of the report as relates to the Library lot on Cypress street and the estate on Heath street, pur- chased for school purposes, were considered and discussed.
On motion of Mr. Alfred D. Chandler, it was -
Voted, That the Selectmen are authorized and instructed to sell at public auction, on the premises or at the Town Hall, on or about May 1, 1881, the town lot of land at the corner of Cypress street and Cypress place, containing 32,- 638₺ square feet, for a sum exceeding $10,000 in cash ; but. if no such bid is then offered, the sale to be postponed in the discretion of the Selectmen, until a bid exceeding $10,000 shall be made. The proceeds of such sale, after deducting the necessary expenses thereof, shall be paid into the town treasury and be estimated as a portion of the receipts of the town for the current year, and that it may be sold in not more
601
Adjourned Annual Meeting, April 4, 1881.
than three lots, and under such restrictions as the Selectmen may see fit to impose.
Voted, That the Selectmen be authorized and instructed to sell at public auction, on the premises or at the Town Hall, on or about May 1, 1881, the estate on Heath street pur- chased in 1873 for school purposes, for a sum exceeding three thousand dollars in cash ; but if no such bid is then offered, the sale to be postponed in the discretion of the Selectmen, until a bid exceeding three thousand dollars shall be made. The proceeds of such sale, after deducting the necessary ex- penses thereof, shall be paid into the town treasury, and be estimated as a portion of the receipts of the town for the current year.
The Seventh Article taken up :
To see if the town will accept any or all of the proposed by-laws re- ported to the town by the Committee on By-Laws at the last annual town meeting, and to see if the town will repeal all existing by-laws and sub- stitute therefor the by-laws reported by said committee, with such alter- ations and amendments as may be made by the town.
Mr. Charles H. Drew, chairman of the committee to whom was referred the subject of rearranging and codifying the by- laws of the town, presented the report of the committee on the same and the code of by-laws which they had prepared, which had been printed and distributed among the inhabitants of the town, and moved their adoption.
The by-laws as reported were then taken up and examined section by section, altered, and amended, and accepted from section 1 to 98, inclusive, and the Town Clerk was author- ized to correct any clerical errors.
Voted, That the Moderator present the by-laws to the Su- perior Court for approval.
Sixth Article taken up :
To hear and act upon the reports of town officers and committees.
Mr. John J. McCormack, for the committee appointed at the adjourned annual meeting April 6, 1880, to investigate the matter of the fraud in the construction of the filtering gal- lery of the water works when they were first built, reported that the committee on investigation could not find out who were the parties guilty of the fraud.
602
Brookline Town Records.
Voted, That the committee be discharged.
Voted, That the money appropriated by the town for the various purposes, including the appropriation for the purpose of making and repairing highways and town ways, be assessed, after deducting the balance in the treasury and the probable receipts for the ensuing year, amounting to the sum of dollars, upon the polls and estates, real and personal, of the inhabitants, resident and non-resident, of the town, and col- lected as the town charges are usually charged and collected.
Voted, That the thanks of the town be presented to the Moderator for the able manner in which he has presided over the meetings.
BY-LAWS OF THE TOWN OF BROOKLINE.
Article I. - The calling of town meetings.
SECTION 1. The Selectmen, whenever it is possible, shall, before call- ing any town meeting, post notices of their intention so to do, in at least ten places in the town, at least fifteen days before the time of such meet- ing. Printed notifications of all annual town meetings shall be left at the place of residence of every legal voter in the town, at least four days be- fore the day upon which the meeting is to be held; all other town meet- ings may be notified by printed notices, posted in at least twenty public places in the town, and by publication in any newspaper published in the town, or in the city of Boston, and that said publication be at least twenty-four hours before the time of said meeting. The notifications shall, in all cases, contain an enumeration of all subjects specified in the warrant.
Article II. - Taxes.
SEC. 2. All taxes shall be assessed according to law, and the tax-bills shall be delivered as soon as the assessment is completed.
SEC. 3. All taxes shall be paid on or before the tenth day of October in each year, unless otherwise ordered by the town, except bills for poll taxes only, which shall be paid within ten days after presentation thereof.
SEC. 4. The Assessors shall keep a record of all abatements of taxes, the names of the parties taxed, and the reasons for, and amounts of, abate- ment.
SEC. 5. In all cases where tax-bills are not paid at the time specified in the third section, it shall be the duty of the Collector forthwith to issue a summons to each delinquent ; and, if such delinquent do not pay the amount of his tax within ten days after the issuing of the summons, with twenty cents more for the summons, the Collector shall issue his warrant to an officer, who shall forthwith proceed to collect the amount due in manner provided by law. Six per cent. interest shall be charged on all tax-bills from the time they respectively become due until paid, unless otherwise determined by the town.
603
Adjourned Annual Meeting, April 4, 1881.
Article III. - Conveyances of Town Property.
SEC. 6. The Town Clerk shall have the custody of the town seal.
SEC. 7. All conveyances under seal which may hereafter be executed on behalf of the town, pursuant to a vote of the town or otherwise, shall be sealed with such seal, and subscribed by a majority of the Board of Selectmen for the time being.
SEC. 8. The Town Clerk shall keep a true copy (in a book to be kept for such purpose alone) of all deeds or other instruments executed by the Selectmen, in accordance with the provisions of this by-law.
Article IV. - Contracts by Town Officers.
SEC. 9. No member of the Board of Selectmen, or any officer ap- pointed by the legal voters of the town, authorized to make any contract or agreement in behalf of the town for labor, materials, goods, wares, or merchandise furnished to the town, or for a loan of money, shall be in- terested in a private capacity, either directly or indirectly, in such con- tract, agreement, or loan; nor shall either directly or indirectly for him- self or for any other person, receive any commission, discount, bonus, present, or reward from the persons making such sale, loan, contract, or agreement for furnishing such materials, goods, wares, or merchandise.
SEC. 10. All calls for contracts shall be advertised in not less than two Boston daily newspapers, and shall have not less than three inser- tions in each, at intervals of two days, the last publication to be at least two days before the day of opening the bids.
SEC. 11. The advertisement shall require each proposal to be sealed, the name of the bidder to be in a separate envelope, properly designated, and shall announce the place, day, and hour at which they will be opened. The bids as received shall be deposited in a box securely locked, and at the time and place named shall be publicly opened in the presence of a majority of the Board of Selectmen or committee authorized by the town to make the contract. No bids shall be deposited after the time adver- tised for opening.
Article V. - Construction of Town Ways.
SEC. 12. Whenever any way shall have been laid out or altered by the Selectmen, and accepted and allowed by the town, no entry for the pur- pose of constructing any part of such laying out or alterations shall be made until all claims for damages by reason thereof shall have been finally adjusted or determined, unless such entry shall be authorized by special vote of the town.
Article VI. - Appropriations.
SEC. 13. It shall be the duty of the Selectmen to prepare and print in the annual town report a table of estimates of all the regular appro- priations proposed to be made at the annual meeting. In order that they may make such a table, each board or standing committee shall make out an estimate for each respective regular appropriation needed, and cause the same to be handed to the Selectmen, in writing, in season for such publication, with the reasons therefor.
604
Brookline Town Records.
SEC. 14. Any board or standing committee, or officer of the town, or any person or persons intending to ask an appropriation at any meeting of the town, other than the regular annual appropriations before named, shall file a written notice in the office of the Town Clerk of such inten- tion, at least ten days before such meeting, stating the object and sum of the appropriation intended to be asked. The Town Clerk shall thereupon record such notice, and inform the Selectmen thereof. It shall thereupon be the duty of the Selectmen to examine into the subject and be prepared to inform the town thereon.
SEC. 15. If the sum of the appropriation so proposed to be asked shall exceed one thousand dollars, a statement of the proposition shall be printed aad circulated with the warrant for the meeting, or at least four days before such meeting. Provided, that an appropriation may be asked without such notice, at any meeting of the town, but in the absence of such previous notice, the subject shall not be acted upon except at an ad- journment of said meeting, or at another meeting, in either case not less than one week from the date thereof ; and during said interim the Select- men shall cause a printed notice of the sum and object of said proposed appropriation to be distributed among the voters, at least three days be- fore such adjourned or other meeting, and shall also fully inform them- selves upon the subject, and report thereon when it comes before the town for action.
Article VII. - Reports.
SEC. 16. . The Town Clerk shall make an annual report upon the vital statistics of the town.
SEC. 17. The Selectmen shall report such statistics, recommendations, and suggestions as they shall deem suitable, in order to give to the town full information upon the subject of the public health and sanitary wel- fare of the inhabitants of the town.
SEC. 18. The Selectmen shall, in their annual report, state in detail what action they have taken in the year preceding, whether as Select- men, Overseers of the Poor, Surveyors of Highways, or Board of Health. In regard to town ways, county ways, and sewers, they shall state specifi- cally what have been laid out and constructed, what have been altered, what damages have been assessed and paid, what claims are outstanding, and what claims are in suit against the town. They shall also state what ways or sewers that have been ordered, laid out, or accepted, remain to be constructed. They shall especially give full reports in regard to all suits against the town, with all the circumstances relating thereto.
SEC. 19. The Selectmen shall, on the first day of each month, cause an exhibit to be prepared of the sum and object of each appropriation made by the town, the amount of the warrants drawn against the same, and the balance unexpended. Said exhibit shall be recorded in a book kept for the purpose, subject to the inspection of the citizens.
SEC. 20. In his annual report the Treasurer shall state specifically the objects for which the debt of the town was increased during the year pre- ceding, and recite the votes under which the money was borrowed; and shall render a classified statement of all expenditures and receipts of the town in such detail as to give a fair aud full exhibit of the objects and
605
Adjourned Annual Meeting, April 4, 1881.
methods of all expenditures. He shall also state the amount of money received from other sources than taxation by the town, and the expendi- tures and town debt for each year since the year 1847, including the year last ended.
SEC. 21. The Assessors shall append to their annual report a table of the valuation, real, personal, and total, the rate of taxation, and the amount of money raised.
SEC. 22. The School Committee shall append to their annual report a statement of the total number of children who have attended the pub- lic schools during the year.
SEC. 23. The Trustees of the Public Library shall append to their an- nual report an account of the amounts received, and of the sum and ob- ject of their expenditures for the support of the town library during the year preceding.
SEC. 24. All boards, standing committees, and officers of the town shall cause records of their doings and accounts to be kept in suitable books. Said books shall be kept in their respective places in the Town Hall, and shall not be removed therefrom. Said record books shall be open to the inspection of the citizens of the town during business hours on every day, but shall remain during such inspection under the super- vision of the board, committee, or officer designated to keep charge thereof.
SEC. 25. 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 manner as to give the citizens a fair and full understanding of the objects and methods of such expendi- tures, referring, however, to the report of the Treasurer for specific de- tails.
SEC. 26. All reports intended to be presented or proposed to be acted upon at the annual meeting of the town shall be made on or before Feb- ruary 7th in each year, and shall thereupon be printed, and shall be dis- tributed at least four days before said meeting.
SEC. 27. The Town Clerk shall have charge of printing, and make a full index of the reports, but the contracts for printing the reports shall be made by the Selectmen.
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