USA > Maine > Kennebec County > Waterville > The centennial history of Waterville, Kennebec County, Maine, including the oration, the historical address and the poem presented at the celebration of the centennial anniversary of the incorporation of the town, June 23d, 1902 > Part 50
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SECT. 3. The mayor of said city shall be the chief executive magistrate thereof. It shall be his duty to be vigilant and active in causing the laws and regulations of the city to be executed and enforced, to exercise a general supervision over the conduct of all subordinate officers, and to cause their violations or neglect of duty to be punished. He may call special meetings of the board of aldermen and common council, when, in his opinion, the interest of the city requires it, by a notice in one or more of the papers printed in the city, or by causing a summons or notification to be given in hand, or left at the usual dwelling place of each member of the board to be convened. He shall, from time to time, communicate to the city council, such informa- tion and recommend such measures as the business and interests of the city may, in his opinion, require. He shall preside in the board of aldermen and joint meetings of the two boards, but shall have only a casting vote. The salary and compensation of the mayor shall be two hundred dollars per year, which shall not be increased or diminished during his continuance in office, unless by the vote of the qualified electors in ward meetings called for that purpose, nor shall he receive from the city any other compensation for any services by him rendered in any other capacity or agency; provided, however, that the city council may elect the mayor to any city office, and allow him a reasonable compensation for services rendered in such office.
SECT. 4. Every law, act, ordinance, resolve or order, requiring the consent of both branches of the city council, excepting rules and orders of a parliamentary character, shall
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be presented to the mayor for approval. If not approved by him, he shall return it with his objections, at the next session of the city council, to that branch in which it originated, which shall enter the objections at large on its journal and proceed to reconsider the same. If, upon such reconsideration, it shall be passed by a vote of two-thirds of all the members of that branch, it shall be sent together with the objections to the other branch, by which it shall be reconsidered, and if passed by a two- thirds vote of that branch, it shall have the same effect as if signed by the mayor. In case of vacancy in the office of mayor, when said law, act, ordinance, resolve or order be finally passed, the same shall be voted without approval.
SECT. 5. The executive powers of said city generally, and the administration of police and health departments, with all the powers of selectmen and overseers of the poor, except as modified by this act, shall be vested in the mayor and aldermen. All the powers of establishing watch and ward, now vested by the laws of the state in the justices of the peace and municipal officers or inhabitants of towns, are vested in the mayor and aldermen, so far as relates to said city, and they are authorized to unite the watch and police departments into one department, and establish suitable regulations for the government of the same. The officers of police shall be one chief, to be styled the city marshal, so many deputy marshals as the city council may by ordinance prescribe, and so many watchmen and police as the mayor and aldermen may, from time to time, appoint. All other powers now or hereafter vested in the inhabitants of said city, and all powers granted by this act, as well as all powers relating to the fire department, shall be vested in the mayor and aldermen and common council of said city, to be exercised by concurrent vote, each board to have a negative upon the other. Each board shall keep a record of its proceedings, and judge of the election of its own members, and in case of vacancies, new elections shall be ordered by the mayor and aldermen.
SECT. 6. The compensation of all subordinate city officers whatsoever shall be fixed by the city council. All officers of the policeand health departments shall be appointed by nomination by the mayor and confirmation by the aldermen, and may be removed by them for good cause. All other subordinate officers shall be
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elected by joint convention of the city council, and such officers may be removed for good cause, by concurrent vote passed in each branch by the assent of two thirds of all the members thereof. Except as otherwise specially provided in this act, all subordinate officers shall be elected annually on the second Mon- day in March, or as soon thereafter as may be, and their term of office shall be for one year, and until others are qualified in their place. All vacancies may be filled by the board having authority to elect.
SECT. 7. No money shall be paid out of the city treasury except on orders drawn and signed by the mayor, designating the fund or appropriation from which said orders are to be paid, nor unless the same shall be first granted or appropriated therefor by the city council, and the city council shall secure a prompt and just accountability by requiring bonds with sufficient penalty and surety or sureties, from all persons trusted with the receipt, custody or disbursement of money ; they shall have the care and superintendence of the city buildings and the custody and man- agement of all city property, with power to let or sell what may be legally let or sold, and to purchase and take, in the name of the city, real and personal property for municipal purposes to an amount not exceeding one hundred thousand dollars in addition to that now held by the town, and shall, as often as once a year, cause to be published for the information of the inhabitants, a particular account of receipts and expenditures, and a schedule of city property.
SECT. 8. The assessors shall be elected on the second Mon- day in March. At the first election thereof under this act, three persons shall be elected assessors, one of whom shall be elected for one year, one for two years, and one for three years, and at each subsequent election, one assessor shall be elected for three years, each of whom shall continue in office until some other per- son shall have been elected and qualified in his place. The city council shall elect an assistant assessor in each ward, whose duty it shall be to furnish the assessors with all the necessary informa- tion relative to persons and property taxable in his ward ; he shall be sworn or affirmed to the faithful performance of his duty. All taxes shall be assessed, apportioned and collected in the man- ner prescribed by the laws of this state relative to town taxes,
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except as herein modified, and the city council may establish further or additional provisions for the collection thereof, and of interest thereon.
SECT. 9. The city council shall have exclusive authority to lay out, widen or otherwise alter, or discontinue any and all streets or public ways in the city of Waterville, without petition therefor, and to estimate all damage sustained by the owners of land taken for that purpose. A joint standing committee of the two boards shall be appointed, whose duty it shall be to lay out, alter, widen or discontinue any street or way in said city, first giving notice of the time and place of their proceedings to all parties interested, as now required by law in case of town ways. The committee shall first hear all parties interested, and then determine and adjudge whether the public convenience requires such street or way to be laid out, altered or discontinued, and shall make a written return of their proccedlings, signed by a majority of them, containing the bounds and descriptions of the street or way, if laid out or altered, and the names of the owners of the land taken, when known, and the damages allowed therefor; the return shall be filed in the city clerk's office, at least seven days previous to its acceptance by the city council. The street or way shall not be altered or established until the report is accepted by the city council, and the report shall not be altered or amended before its acceptance. A street or way shall not be discontinued by the city council, excepting upon the report of said committee. The committee shall estimate and report the damages sustained by the owners of the lands adjoining that portion of the street or way which is so discontinued; their report shall be filed with the city clerk, seven days at least before its acceptance. Any person aggrieved by the decision or judgment of the city council in establishing, altering or discontinuing streets, may, so far as relates to damages, appeal therefrom as in case of town ways. If a street or way is discontinued before the damages are paid or recovered for the land taken, the land owner shall not be entitled to recover such damages, but the committee in their report dis- continuing the same, shall estimate and include all the damages sustained by the land owner, including those caused by the original location of the streets, and in such case, if an appeal has been regularly taken, the appellant shall recover his costs. The
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city shall not be compelled to construct or open any street or way thus hereafter established, until in the opinion of the city council, the public good requires it to be done ; nor shall the city interfere with possession of the land so taken, by removing there- from materials, or otherwise, until they decide to open and con- struct said street. The city council may regulate the height and width of sidewalks in any public square, places, streets, lanes or alleys in said city, and may authorize posts and trees to be placed along the edge of said sidewalks. Nor shall the city be answer- able for damages occasioned by telegraph poles and wires erected in its streets.
Whenever said city council shall determine to lay out, widen or otherwise alter any public street or road, said city council is authorized to levy an assessment upon the real estate fronting upon the line of said street and upon other land near said street and benefited thereby in proportion to the valuation and the bene- fits to be derived. The amount of said assessment shall be fixed by the committee of the city council authorized to lay out, widen or alter said road, and in their report to the city council said com- mittee shall state definitely what amount they have assessed on each parcel of land or real estate, giving a description of the same. In proceeding to lay out, widen or alter such streets, such com- mittee shall proceed in the same manner and give the same notices as are required by law in laying out other roads. The report of such committee shall be filed with the city clerk at least seven days before action thereon by the city council. The action of such committee shall be subject to revision and change by the city council. The city clerk shall give to the person owning or in possession of said real estate, at least five days' notice that such assessment has been made, stating the amount of the same, before the action of the city council upon the same, and a fair oppor- tunity shall be given to all the parties interested to be heard on said assessment before the city council, before action shall be taken thereon, and any person aggrieved by the action of the city council shall have the right to appeal and be heard in court in the same manner as provided by law for appeals and hearings in cases of damages for land taken for highways; said assess- ment shall constitute a lien on said real estate, which shall con- tinue in force for one year after final action on said assessment,
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either by said city council or by way of proceedings on appeal. The assessment so made shall, within three months after said final action thereon, be committed to the collector of taxes, and he shall proceed to collect the same in the same manner, and by the same means, as now provided by law for collection of taxes on real estate.
SECT. 10. The mayor may, on such terms and conditions as he may think proper, authorize and empower any person or cor- poration to place in any street, for such time as may be necessary, any materials for making or repairing any street, sidewalk, cross- walk, bridge, watercourse or drain, or for erecting, repairing or finishing any building or fences, or for laying or repairing gas or water pipes, provided, that not more than one-half of the width of the street shall be so occupied. And such materials so placed by virtue of any license obtained as aforesaid, shall not be considered an incumbrance or nuisance in suchi street, and the city shall not be liable to any person for any damages occasioned by such materials.
SECT. II. For the purpose of holding elections, said city shall, after the first election, be divided into seven wards, to con- tain as near as conveniently may be, an equal number of legal voters, and it shall be the duty of the city council, once in ten years and not oftener than five years, to review, and if it be need- ful to alter said wards, in such manner as to preserve, as nearly as may be, an equal number of legal voters in each ward. The wardens shall preside at all the ward meetings, with the powers of moderator of town meetings, and if at any meeting the warden shall not be present, the clerk of the ward shall call the meeting to order and preside till a warden, pro tempore, shall be chosen. If neither the warden or the clerk shall be present, any legal voter in the ward may preside till a clerk, pro tempore, shall be chosen and qualified. The clerk shall record all the proceedings and certify the votes given and deliver over to his successor in office all such records and journals, together with all other documents and papers held by him in said capacity. The inhabitants of each ward may choose two persons to assist the warden in receiving, sorting and counting the votes. All regular ward meetings shall be notified and called by the board of mayor and aldermen in the
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manner provided in the laws of this state, for notifying and call- ing town meetings by the selectmen of the several towns, except- ing that ward meetings for the election of mayor, after the first trial, may be called within the time provided in such cases in this act.
SECT. 12. The mayor shall be elected by the inhabitants of the city, voting in their respective wards. One alderman, two common councilmen, a warden, a clerk, one member of the board of education and one constable, shall be elected by each ward, being residents in the ward where elected. All said officers shall be elected by ballot by a plurality of the votes given, and shall hold their offices one year from the second Monday in March, and until others shall be elected and qualified in their places. All city and ward officers shall be held to discharge the duties of the offices to which they have been respectively elected, notwithstand- ing their removal after their election out of their respective wards into any other wards in the city, but they shall not be so held after they have taken up their permanent residence out of the city.
SECT. 13. On the first Monday in March, annually, the quali- fied electors of each ward shall ballot for mayor, one alderman, two common councilmen, a warden and a clerk, a member of the board of education and one constable, on one ballot. The ward clerk, within twenty-four hours after such election, shall deliver to the persons elected, certificates of their election, and shall forthwith deliver to the city clerk a certified copy of the record of such election, a plain and intelligent abstract of which shall be entered by the city clerk on the city records. If the choice of any ward officer is not effected on that day, the meeting shall be adjourned to another day, not more than two days thereafter, to complete such election, and may so adjourn, from time to time, until the election is complete. The board of aldermen shall, as soon as conveniently may be, examine the copies of the records of the several wards, certified as aforesaid, and shall cause the person who shall have been elected mayor by a plurality of the votes given in all the wards, to be notified in writing of his elec- tion. But if it shall appear that no person shall have been so elected, or if the person elected shall refuse to accept the office, the said board shall issue their warrants for another election ; and in case the citizens shall fail on a second ballot to elect a
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mayor, the city council in convention shall, from the four highest candidates voted for at the second election and returned, elect a mayor for the ensuing year ; and in case of a vacancy in the office of mayor by death, resignation or otherwise, it shall be filled for the remainder of the term by a new election in the manner herein- before provided for the choice of said officer. The oath or affirmation prescribed by this act shall be administered to the mayor by the city clerk or any justice of the peace in said city, and a certificate thereof filed with the clerk and recorded. The aldermen and common councilmen elect, shall, on the second Monday in March, at ten o'clock in the forenoon, meet in con- vention. when the oath or affirmation required by the second section of this act, shall be administered to the members of the two boards present, by the mayor or any justice of the peace, after which the board of common council shall be organized by the election of a president and clerk. The city council shall, by ordinance, determine the time of holding stated or regular meet- ings of the boards and shall also, in like manner, determine the manner of calling special meetings and the persons by whom the same shall be called, but until otherwise provided by ordinance, special meetings shall be called by the mayor, by causing a noti- fication to be left at the usual residence or place of business of each member of the board or boards to be convened.
SECT. 14. After the organization of a city government and the qualification of a mayor, and when a quorum of the board of aldermen shall be present, said board, the mayor presiding, shall proceed to choose a permanent chairman, who, in the absence of the mayor, shall preside at all meetings of the board, or at conventions of the two boards, and in case of any vacancy in the office of mayor, he shall exercise all the powers and per- form all the duties of the office so long as such vacancy shall remain ; he shall continue to have a vote in the board, but shall not have the veto power. The board of aldermen, in the absence of the mayor and permanent chairman, shall choose a president, pro tempore, who shall exercise the powers of a per- manent chairman.
SEC. 15. The city clerk shall be clerk of the board of alder- men. He shall perform such duties as shall be prescribed by the mayor and aldermen or the city council, and shall also per-
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form all the duties and exercise all the powers now incumbent on him by law. He shall give notice in one or more of the papers printed in said city, of the time and place of regular ward meet- ings ; the time of such meetings, when not fixed by law, shall be determined by the board of aldermen. In case of the tem- porary absence of the city clerk, the mayor and aldermen may appoint a city clerk pro tempore.
SECT. 16. The board of education, elected as hereinbefore provided, shall take the place of the superintending school com- mittee, and perform all its duties and be invested with all its rights and powers. The board shall elect a chairman annually, and appoint some suitable person, not a member of the board, superintendent of schools, and may adopt such rules and regu- lations for the management of the schools as are not inconsistent with the laws of the state. The superintendent shall be the sec- retary and executive agent of the board, which shall fix his salary, to be paid from the city treasury as salaries of teachers are paid, and may remove him for good cause and appoint a successor. The members of the board shall receive no compen- sation for their services as such.
SEC. 17. The aldermen and common councilmen shall not be entitled to receive any salary or other compensation during the year for which they are elected, nor be eligible to any office of profit or emolument, the salary of which is payable by the city, and all departments, boards, officers and committees, acting under the authority of the city, and entrusted with the expenditure of public money, shall expend the same for no other purpose than that for which it is appropriated, and shall be accountable there- for to the city in such manner as the city council may direct.
SEC. 18. All the laws and regulations now in force in said town shall, notwithstanding this act, be and remain in force until they expire by their own limitations, or be revised or repealed by the city council, and prosecutions and suits may be commenced and proceeded thereon in the name of the city, by officers or other persons thereby empowered or directed to prosecute and sue, and the fines and penalties shall go to the uses in such laws or regulations named according to law.
SECT. 19. General meetings of the citizens qualified to vote in city affairs, may from time to time be held to consult upon
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the public good, to instruct their representatives, and to take all lawful measures to obtain redress of any grievance according to the right secured to the people by the constitution of this state, and such meetings shall be duly warned by the mayor and alder- men, upon requisition of sixty qualified voters. The city clerk shall act as clerk of such meetings, and record the proceedings upon the city records.
SECT. 20. For the purpose of organizing the system of gov- ernment hereby established and putting the same in operation in the first instance, the selectmen of the town for the time being, shall seasonably before the third Monday of March, after the acceptance of this charter, issue their warrant for calling a meet- ing of the legal voters at such place and hour of the day as they shall choose, for the purpose of choosing a mayor, seven alder- men, fourteen councilmen, one city clerk and seven members of a board of education, and seven constables, to be taken from the city at large; said officers shall be elected by a plurality vote. The town clerk shall notify the several officers elect of their elec- tion, in writing, within twenty-four hours. Their powers and duties shall be as hereinbefore provided. It shall be the duty of the city council, as soon as may be after their election, to cause a division of the city into seven wards in such manner as to include as nearly as may be, consistently with well defined limits, an equal number of legal voters in each ward. At said first meet- ing after such division into wards, the ward meetings shall be called to order and presided over by some person appointed by the board of mayor and aldermen, and the records of said first meetings in the several wards shall be made by some person designated by the board of mayor and aldermen, and at said first meeting, lists of voters corrected by the aldermen, shall be delivered to the persons designated to act as recording officers in the several wards, to be used as provided by law in town meet- ings. Said recording officers shall perform the duties of ward clerks as before herein provided, relative to making a record of the election and returning a copy of the records to the city council.
SECT. 21. This act shall take effect and be in full force when the same shall have been accepted by the inhabitants of said town qualified to vote in town affairs, at a legal meeting called for
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that purpose, provided it shall be accepted before March twenty, in the year of our Lord one thousand eight hundred and ninety- two; and at such meeting the inhabitants of said town shall vote by a written ballot, those in favor of accepting this act having on the ballot the word "yes," and those opposed having on the ballot the word "no;" and if a majority of all the ballots received are in favor of accepting the same, it shall then become a law and take effect; and it shall be the duty of the clerk of said town to file a copy of the record of the vote of said town accepting the same, with the clerk of the city of Waterville, when elected, who shall transcribe such copy into he records of the city ; and such record shall be conclusive evidence that this act has been accepted. For the purpose of calling and conducting a meeting of the inhabitants to vote upon the acceptance of this act, it takes effect when approved.
SECT. 22. All acts and parts of acts inconsistent with this act and amendments hereof, are hereby repealed from and after the time when the act shall have been accepted as aforesaid, and the government shall have been organized as herein provided.
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