Loading...
1910 CharterREVISED CHARTER CITY OF BEVERLY Chapter 542, Acts of 1910 Be it enacted, etc., as follows: Section 1. The inhabitants of the City of Beverly shall continue to be a municipal corporation under the name of the City of Beverly, and as such shall have, exercise and enjoy all the rights, powers and privileges, and shall be subject to all the duties and obligations now pertaining to and incumbent upon the said city as a municipal corporation. Section 2. The territory of the city shall be divided into six wards with their boundaries as at present constituted, until the same are changed under the provisions of law. Section 3. The administration of. all the fiscal, prudential and municipal· affairs of said city, and the government thereof, - except the affairs of the public schools, the administration, management and control of which shall be vested in a school committee of. seven members, - shall be vested in an executive department which shall consist of one officer to be called the mayor, and in a legislative department, which shall consist of a single body of nine to be called the board of aldermen, the members whereof shall be called aldermen. The legislative department shall never exercise any executive power, and the executive department shall never exercise any legislative power, except as my otherwise be provided herein. Section 4. All meetings of the qualified voters of the city for the purpose of voting at elections and for other special municipal or legal purposes shall be called by warrants issued by order of the board of aldermen, and, so far as may be, in the manner provided for calling elections in cities by chapter five hundred and sixty of the acts of the year nineteen hundred and seven, and acts in amendment thereof and in addition thereto. When no convenient ward room for holding meetings of. the qualified voters of. the ward can be had within the territorial limits of such ward, the board of. aldermen may in the warrant calling for a meeting of the voters of the ward, direct that the meeting be held in some convenient place which they shall designate within the limits of an adjacent ward of the city; and, for that purpose, the place so designated shall be deemed to be a part of the ward in which the election is held. Section 5. All meetings for the election of national, state, county and district oficers shall be called by order of the board of aldermen in the manner in which meetings for municipal elections are called. Section 6. General meetings of tho citizens qualified to vote may, from time to time, be held according to rights secured by the constitution of the Commonwealth, and all such meetings may, and upon the request in writing of fifty qualified voters setting forth the purposes thereof, shall duly be called by the board of aldermen. Any diseuesion or action taken at such a meeting shall be confined to the purposes set forth in the petition. Section 7. The annual city election shall be held on the Tuesday after the second Monday in December, and the municipal year shall begin on the first Monday in January next following, at twelve o'clock noon, and 4 REVISED CHARTER contlnue until the first Monday in January next following, at twelve o'clock noon. Section 8. At the annual city election the qualified voters of the city shall give in their votes by ballot for mayor and members of the board of aldermen and of the school committee, or for such of them as are to be elected, and the person receiving the highest number of votes for any office shell be deemed and declared to be elected to such offco, and.whenever two or more persons are to be elected to the same office the several persons up to the number required to he chosen receiving the highest number of votes shall be deemed and declared to be elected. If it shall appear that there ia no choice for mayor, or if the person elected to that office shall refuse to accept, or shall die before qualifying, or if a vacancy in the office shall occur more than four months previous to the expiration of service of a mayor, the board of aldermen shall forthwith cause warrants to be issued for a new election and the same proceedings shall be had in all respects as are hereinbefore provided for the election of mayor, and shall be repeated until the election of a mayor is completed. If the full number of the members of the board of aldermen has not been elected or if a vacancy in the office of aldermen shall occur more than three months previous to the expiration of the term of office, the board of aldermen shall forthwith elect from among the qualified voters of the city or ward, as the case may be, some person or persons to fill the vacancy or vacancies for the remainder of the unexpired term. In case a vacancy in the office of mayor shall occur within four months previous to the expiration of the unexpired term, the board of aldermen may in its discretion order a new election for mayor to be held as aforesaid to fill the vacancy; and may, likewise, should a vacancy occur in the office of any member of the board of aldermen within said period of three months, fill said office in the manner aforesaid. Section 9. At the first municipal election held under this act the qualified voters of the whole city voting at large shall elect from their number by ballot a mayor to serve for the term of two years beginning with the first Monday in January next following, and every second year thereafter shall elect in like manner a mayor to serve for the term of two years; and in like manner shall elect three members of the board of aldermen to serve for the term of one year beginning with said first Monday in January then next ensuing. And there shall be elected by and from the qualified voters of each ward at said first municipal election held under this act, one member of the board of aldermen to serve for the term of one year beginning with the first Monday in January next ensuing; and at each annual municipal election thereafter there shall be elected by and from the voters at large three members of the board of aldermen, and by and from the voters of each ward one member of said board, to serve for the term of one year beginning with the first Monday in January then next ensuing. The member elected at large receiving the highest number of votes at any annual municipal election, including the first municipal election under this act, shall be president of the board of aldermen. At said first municipal election there shall be elected by and from the qualified voters of the entire city, voting at large, one member of the school committee who shall serve for the term of three years, beginning with the first Monday in January next following. At said first municipal election there shall also be elected from the qualified voters of each ward by the qualified voters of the whole city, voting at large, one member of the school committee, the two candidates receiving the highest number of votes to serve for the term of three years, the two candidates REVISED CHARTER receiving the next highest number of votes to serve, for the term of two years, and the two candidates receiving the next highest number of votes to serve for the term of one year, beginning in each case with the said first Monday in January. Thereafter, as the term of each member of the school committee expires, the successor of such member shall be chosen for the term of three years in the manner hereinbefore provided. The mayor, members of the board of aldermen, and members of the school committee shall hold office for their respective terms and until their successors are elected and qualified. Section 10. The board of aldermen shall be the judge of the election and qualification of its members, and shall from time to time establish rules for its proceedings. In the case of the death, inability, absence or resignation of the mayor, and whenever there is a vacancy in the office for any cause, the president of the board of aldermen, while such cause continues, shall perform the duties of mayor. If the president of the board of aldermen is also absent or unavailable for any cause, the said duties shall be performed until the mayor or president of the board of aldermen returns or is. able to attend to said duties, by such member of the board of aldermen as that body may elect, and until such election, by the city clerk. The person upon whom the said duties shall devolve shall be called acting mayor, and he shall possess the power of mayor only in mattars not admitting of delay, and shall have no power to make permanent appointments except upon the death or resignation of the mayor, and then only for the period intervening until a new election of mayor is had, or except in a ease arising under section eight of this act where the discretion of the board is not exercised by sailing a new election to fill a vacancy in the office of mayor occurring within four months of the expiration of the term. In each case, said acting mayor shall perform all the duties, and be clothed with all the authority of the office of mayor for the remainder of the term. Section 11. Any male qualified and registered voter in said city may be nominated for any municipal elective office, and the procedure for procuring such nominations, obtaining signatures, filing and certification of the same, shall be according to the method laid down in chapter five hundred and sixty of the acts of the year nineteen hundred and seven, and in all other provisions of law thereto pertaining. Women who are qualified to vote for members of the school committee, may be nominated as and sign nomination papers for candidates for that office in the same manner and under the same provisions of law as men. The names of candidates appearing on nomination papers shall, when filed and certified, be subject to public inspection. The certification required by law shall not preclude any voter from filing objections to the validity of the nominations. The order of precedence in which the names of all candidates to be voted for at any municipal election shall appear on the official ballot shall be determined by the registrars of voters of said city by drawing lots for the same, separate drawings to be made for each group of candidates for each office to be elected. Section 12. The mayor-elect and the aldermen-elect shall, on the first Monday in January at twelve o'clock noon, meet and be sworn to the faithful discharge of their duties. The oath may be administered to the mayor by the city clerk, or by a judge of a court of record, or by a justice of the peace. The oath may be administered to the members of the board of aldermen by the mayor, he having been duly sworn, or by any of the above named officials. A certificate that said oath or oaths have been taken shall 6 REVISED CHAPTER be entered in the journal of the board of aldermen. In case of the absence of the mayer-elect on said day, or if a mayor shall subsequently be elected, the oath of offce may at any time thereafter he administered to him, and at any time thereafter in like manner the oath of offce may be administered to any member of the board of aldermen, who for similar reasons shall not have taken the oath on the day named. All such oaths subsequently taken shall be entered in the journal aforesaid. After the oath has been administered to the aldermen present they shall organize, with the member elected at large receiving the highest number of votes at the preceding municipal election, as president, as provided in section nine. The president shall be sworn by the city clerk, or in case of the absence of the clerk, by any justice of the peace. Nothing in the duties of his office shall be held to deprive him of the right to vote and act as a member of the board. Section 13. The hoard of aldermen shall, so far as is consistent with this act, have and exercise ali the legislative power of towns and of the inhabitants thereof, and shall have and exercise all the powers now vested by law in the city of Beverly and in the inhabitants thereof as a municipal corporation, and shall have all the powers and be subject to all the liabilities of city councils and of either branch thereof, and it may by ordinance prescribe the manner in which such powers shall he exercised. Its members shall receive no compensation for their services as members of the board of aldermen or of any committee thereof. Sessions of the board whether as a board of aldermen or as a committee of the whole shall he open to the public, and a journal of its proceedinge shall be kept, which journal shall be subject to public inspection. The vote of the board upon any question shall he taken by roll call when the same is requested by at least three members. Nothing herein shall prevent the board, by special vote, from holding private sittings for the consideration of nominations by the mayor. Section 14. The board of aldermen shall annually in the month of January, as soon after its organization as may be, elect a city clerk, a city collector of taxes, a city messenger, a city treasurer, a city physician, and a clerk of committees, all for the term of one year beginning with the first Monday in January and continuing until thelr successors are elected and qualified. The terms of offce of all officers and members of boards not annually elected under the present city charter, except the school committee, whose term or terms do not expire on the first Monday in January, nineteen hundred and eleven, under the provisions of law, shall continue and be in force for the full term or terms to which they were elected under the present law, and upon the expiration of such term or terms the vacancies shall be filled as hereinafter provided. The board of aldermen shall elect as said terms expire, a city auditor for the term of three years, a member of the board of assessors for three years, a member of the Board of health for three years, a member of the park commissioners for three years, a member of the overseers of the poor for three years, and a member of the water board for three years, each of which boards shall consist of three members as at present constituted. Thereafter there shall annually be elected by the board of aldermen a member of every such board or office to serve for the term of three years, as the term or terms of such members or officer shall expire. Any term or terms of such office or members or boards expiring the first Monday in January, nineteen hundred and eleven, shall then and subsequently be filled in the manner now provided by law. Any officers thus elected by the board of aldermen may be removed by the said board for sufficient cause by a two-thirds vote. Vacancies in any city offices, where no other provision is made for filling the same in this act. shall be filled by the election or appointment of a successor in the manner in which the previous incumbent was elected or appointed, and the person elected or appointed to fill the vacancy shall hold his office for the remainder of the term during which his predecessor would have been entitled to hold the same. Section 15. The board of aldermen shall by ordinance determine the salary of the mayor and of all the officers and employees of the city, including the firemen, policemen and city laborers, except as otherwise provided herein, and may in like manner change the said salaries from time to time, any such change to take effect immediately upon the passage of the ordinance, but no increase of salary shall be made after July first of any municipal year. Section 16. The board of aldermen shall have power to make and establish ordinances to be effective within the city, and to affix penalties for the violation thereof, as herein or by general law provided, without the sanction of any court or any justice thereof. All such ordinances shall forthwith be published in one or more newspapers designated by the mayor and shall take effect at the time of their approval by the mayor unless it is otherwise expressly stated in the ordinance, or if a penalty for the violation is provided, at the expiration of thirty days from the day of approval. Under their general power to make and establish ordinances the board of aldermen may provide By ordinance for the establishment of additional boards or offices to insure the general welfare of the inhabitants of the city and to promote economy and efficiency in the municipal administration, and for other municipal purposes. The board shall therein determine the number, duties, powers and salaries of the incumbents of such boards or offices, and may delegate for such purpose to any board or office thus created the appropriate administrative powers given by general law to city councils and boards of aldermen. The board of aldermen may also by ordinance reorganize, consolidate or abolish departments or offices of the city in whole or in part; and may transfer the duties, powers and appropriations of one department to another in whole or in part. Said board shall have all the powers of existing law, in this behalf delegated to city councils, and inhabitants of towns, to establish ordinances as aforesaid, and in all other respects to make valid, and reasonable by-laws for said city. Section 17. The board of aldermen shall, with the approval of the mayor, have exclusive authority and power to order the laying out, locating anew, widening, discontinuing, or changing the grade of, and the making of specific repairs in all streets, and, except as is otherwise provided herein, it shall act in all matters relating to such laying out, locating anew, widening, changing of grade, or discontinuing. The board shall assess the damages, if any, sustained thereby by any persons. Any such person aggrieved by the action of the board of aldermen in relation to damage, or in other respects hereunder, shall have all the rights and privileges now allowed by law in such cases in appeals from decisions of the selectmen of towns. Nothing herein shall be held to deprive the county commissioners of Essex county of any power or authority in relation to highways conferred upon them law. Section 18. All ordinances, orders, resolutions or votes of the board of aldermen, except such as relate to its own internal affairs, shall be presented to the mayer. If he approve thereof he shall signify his approval by signing the same, but if not he shall return the same with his objections to the board of aldermen which shall enter the objections of the mayor at length upon its records and preceed to reconsider such ordinance, order, resolution or vote, and if, after reconsideration, two-thirds of the board of aldermen, notwithstanding the said objections, vote to pass the same, it shall be in force. In all cases the vote shall be taken by yeas or nays. If such ordinance, order, resolution or vote shall not be returned within ten days after it has been presented to the mayor the same shall be in force. He may except from his approval of any ordinance, order, resolution or vote over which he has the power of veto, any part involving a distinct item of expenditure; and in such a case instead of returning the original he shall transmit a copy of the part not approved, which part shall be reconsidered in the manner and with the effect above provided. The veto power of the mayor shall not extend to elections of administrative officers by the board. Section 19. The board of aldermen may at any time request from the mayor special information on any municipal matter coming before it for action, and may request his presence to answer written questions relating thereto. The information sought shall be limited to the subject-matter of the written questions. Section 20. The method and time of appointment or election, and the constitution of the fire and police departments, commissioners of sinking funds, board of managers of public cemeteries, registrars of voters, trustees of the public library, and all other boards, officers or departments of the city, shall be made, held and maintained as now provided by law, except as herein modified, and all ordinances in respect to the said departments, boards or officers now in force in said city, and all other ordinances now in force, shall continue as valid by-laws of the city until changed under the provisions of this act. The head of the police department shall be known as the chief of police. The power of appointment of the subordinate officers and members of the police force shall be vested in the mayor, subject to confirmation by the board of aldermen. The chief of police shall annually be appointed by the mayor without confirmation by the board of aldermen, and may be removed at any time by the mayor. The board of aldermen shall have power to prescribe and make regulations for the government of the police department and of all other departments of the city except as it otherwise provided by existing law. Section 21. Every ordinance, order, resolution or vote involving the appropriation or expenditure of money to an amount exceeding three hundred dollars, and every such ordinance, order, resolution or vote ordering any street improvement or sewer, or making or authorizing the making of any contract in excess of said amount of three hundred dollars, or granting any franchise or right to occupy or use the streets, highways, bridges or public places in the city for any purpose, shall remain on file with the city clerk for public inspection for at least one week before the final passage or adoption thereof: provided, however that in the ease of any such ordinance, order, resolution or vote appropriating an amount or authorising the making of a contract in excess of three hundred dollars, and not relating to any street improvement or sewer, or to the granting of a franchise, the board of aldermen may in its discretion upon receiving the written recommendation of the mayor with his reasons therein stated, pass such ordinance, order, resolution or vote on the same day when the first reading is had by a two- thirds yea and nay vote. On the final passage of all such ordinances, orders, resolutions or votes, the vote shall be taken by roll call. All orders carrying appropriations and expenditures, or authorizing the borrowing of money, shall be in itemized form. REVISED CHARTER 9 Section 22. No contract made in behalf of the city involving an amount in excess of three hundred dollars shall be valid unless it receives the signature of the mayor. This provision shall not apply to any exercise of the police power or other power of the Commonwealth by any public officer or board so authorized by law. Section 23. The board of aldermen shall secure a just and proper accountability for the performance of all contracts or obligations entered into by the city by requiring bonds with sufficient penalties and sureties from all persons entrusted in behalf of the city with the receipt, custody or disbursement of money. The board shall have the care and superintendence of all public property of the city together with its custody and management, except as herein or by general law otherwise provided, with power to rent or sell what may legally be rented or sold, and to purchase property, real or personal, in the name and for the use of the city whenever such purchase is deemed by the board to be necessary. Section 24. The board of aldermen shall have power to establish fire· limits within the city, and from time to time to change or to enlarge the same, and to regulate by ordinance the construction of buildings erected within said fire limits, with lawful stipulations as to their situation, size, and the material of which they shall be constructed, and may make other lawful rules and regulations to prevent damage by fire, Section 25. Special meetings of the board of aldermen may be called at any time by the mayor upon mailing written notifications of the same with a statement of the subject-matter to be considered, to each member thereof, or by leaving such notice at the usual place of residence of each member at least twenty-four hours before the time appointed for the meeting. Section 26. No member of the board of aldermen shall, during the term for which he is elected, hold any other office or position the salary or compensation for which is payable out of the city treasury, nor shall he appear as council or act as attorney before the board of aldermen or any committee thereof. Section 27. All elections by the board of aldermen under any provision of law shall be made by a viva voce vote, each member who is present answering to his name when it is called by the clerk or other proper officer, stating the name of the person for whom he votes or declining to vote as the case may be; and the clerk or other proper officer shall record every such vote. No such election shall be valid unless it is made as aforesaid. Section 28. The executive powers of the city shall be vested exclusively in the mayor, who shall enforce the laws and regulations of the city either personally or through the administrative officers and members of boards provided in this act, and shall be vigilant at all times regarding such enforcement; and he may, except as herein or by general laws otherwise provided suspend from office by written order any officer appointed by him, whether or not such appointment was made by confirmation of the board of aldermen, for any cause which he shall in his official discretion deem sufficient, which cause he shall assign in the order of suspension. Such suspension shall take effect upon the filing of the order therefor with the city clerk, and the serving of a copy thereof upon the officer thus suspended either personally or by leaving the same at his last or usual place of business, or residence. The suspension of any such officer shall, unless previously revoked by the mayor, create a vacancy in such office at the REVISED CHAR'FER expiration of fifteen days after said order is filed with the city clerk, unless within that time the officer asks for a hearing before the board of aldermen, in which ease a hearing shall forthwith be held. [f, within one week after the conclusion of said hearing, the board by a two-thirds vote shall set aside the suspension, the of~eer shall be reinstated, otherwise he shall be held to be finally discharged from office, and the vacancy therein shall be filled forthwith. Section 29. The mayor may preside at all meetings ~f the board of aldermen, and in his absence and in all cases where nominations of the mayor are to BO acted upon by the board of aldermen, the president of the board of aldermen shall preside. The mayor shall appoint the committees of the board of aldermen. Section 30. The mayor.shall communicate to the board of aldermen such information and shall recommend Rush measures as in his judgment the interests of the city require. He shall cause to bo kept a record of all his official acts, and for this purpose and to assist him in his official duties he may, without the confirmation of the board of aldermen, appoint a sec- retary, define his duties and, subject to the approval of the boerd of alder- men, fix hie salary. Section 81. The n~ayor shall require from all administrative officers and boards of the city having the expenditure of money, and it shall be the duty of such officers and boerds to furnish forthwith in detail when so re- quired, estimates fer the next municipal year of the expenditures of the department or office under their charge. Said estimates shall be requested annually on or before October first, and within th~,L; days from that date in each year the annual budget of the estimated expenses of the city for the ensuing municipal year shall BO submitted to the board of aldermen by the mayor. The board of aldermen shs~l! forthwith consider said budget and may reduce, pass or reject any item thereof by majority vote, but shall vote no increase in any item except by a two-thirds vote of all the members of the board. The mayor may submit thereafter supplementary budgets until such time as the fAT rate for the year shall have been fixed. The board of aldermen shall, on or before the first day of December in each year in the manner aforesaid, appropriate such amount as may be necessary to meet the expenditure of the following year, and such appre- priation shall not thereafter bo increased, nor any subsequent appropriation made, except by a vote of two-thirds of all the members taken by yea and · nay. lqo expenditure of public mone3~ to be ta]~en from the annual appro- priation order shall be authorized except by a two-thirds vote taken by yea and nay and approved by the mayor. The making of the annual budget for · the year nineteen hundred and eleven, the estimates for the same, and proprlations therefor, and for all other municipal purposes in Said year, shall be carried out under the provisions of law in force at the time when this charter takes effect. But all annual budgets and appropriations for subsequent yeers shall be made under the pro~sions of this section. Section 32. The mayor shall have the sole power to sign, seal, execute · and deliver in behalf' of the city deeds and leased of land sold or leased by the city, and any other evidences in writing of transfers requiring the written assent of the city. Section 33. Except as herein otherwise provided, the mayor shall ap- point subject to the confirmation of the board of aldermen, all the admin- istrative officers and members of boards of the city. No appointment so aK¥]SED CHARTEK I ] made by the mayor shall be acted ul~en by the board of aldermen until the expirat'ton of one week. from the time when the appointment was trans- mitted to the board. The city solicitor shall annually be appointed by the mayor, in the manner provided in this section. Section 34. The administrative officers of the city shall perform the duties by law and herein prescribed for them respectively, and such further duties not inconsistent with the nature of their respective offices as the board of aldermen may from time to time prescribe. All such officers shall keep a record of their official transactions, which records shall be open to public inspection. All officers or members of boards appointed by the mayor or elected by the board of aldermen shall be held to be administrative of- ricers within the meaning of this act. Such officers and boards whether now existing or hereafter established by the board of aldermen, may appoint, employ, discharge or remove all subordinate officers, employees, clerks or assistants in their respective departments, making record of such action for public inspection, and in case of discharge or removal the grounds therefor shall be a matter of record, and shall be subject, where the person removed or discharged is lawfully classified under the civil service rules, to the jurisdiction of the civil service commissioners. Administrative officers shall appear before the board of aldermen at the request of that body and give such information as may be required in relation to any official act done by them. All administrative officers shall be sworn to. the faithful discharge of their respective duties, and certificates of their oaths shall be kept in the office of the city clerk. Section 85. The street and sewer departments of the city, and all mat~ ters coming within their jurisdiction, shall be under the charge of u superin- tendent of highways and sewers, who s]~all be appointed in January by the mayor for the term of two years and until his successor is appointed and qualified, subject to confirmation by the bos~d of aldermen. The superin- tendent of highways and sewers shall have all the powers .and be subject to all the duties of the present street commissioner, and in all mutters whatso- ever pertaining to sewers or the sewer department of said city shall be subject to the direction of the board of aldermen. He.may be removed for cause by the mayor under the provisions of section twenty-eight. He shall also have all the powers and duties of a surveyor of highways under the Section 86. Whenever it shall become nsessenry to ~rect any building, to make additions to or alterations or repairs in any building for the city, the estimated cost of which exceeds the sum of five thousand dollars, the same shall be erected or done under the supetwision and control of a com- mission of three persons appointed for the purpose as foll'ows:~The mayor shall name three citizens of Beverly not members of the heard of alder- men to act as such commis;,ion, who shall be confirmed by the board of aldermen. This commission shall serve without compensation and shall have full power to secure plans, approve the same except as lteretuafter provided in the case of buildings for school purposes, and to make con- tracts after having submitted the plans to .the board of ald~ru~en together with estimates of the cost of construction, provided that the beard of alder- men have made appropriations to cover the said cost. But no site for a school building shall be acquired by the city unless the approval of such site by the school committee or a majority thereof is first obtained in writing. lqo plans for the construction or alteration of a school building shall 12 R£VI SF.D CHARTER be accepted, and no work shah be begun on the construction or alteration of a school building, unless the approval of the school committee or a ma- jority thereof ls first obtained in writing. Nothing herein shall require such approval for the reaL-lng of ordinary repairs. Section 87. The school committee of said city shall consist of seven members who shall be elected as provided by section nine. Said committee shall have the entire manitgement and contrOl of the schools of the city, may elect a superintendent of schools, and may appoint such other sub- ordinate offieers and assistants as it ma5' deem necessary for the proper discharge of its duties and the conduct of its business; shall define the terms of service, duties and compensation of such officers, and may remove and discharge them at its pleasure. The school committee shall be the judge of the election and qualifications of its members, and shall determine the rules of its preeeedin~s. A majority of the committee shall constitute a quorum for the transaction of business, but a smaller number may nd- jouru from time to time. Should a vacancy occur in the office of a member of the school committee for any cause, t.he mayor shall, ns soon as may be, call a joint convention of the board of aldermen and the school eemmittee, at which the president of the board of aldermen shall preside, and the cancy shall, by vote of a majority 'of such Joint committee,.be filled by the election of a member acoordin~ to the vacancy existing, to serve until the end of the municipal year in which the vacancy occurred; and at the annual municipal election next ensuing, the further vacancy, i~ any, shall be filled' for the remainder of the unexpired term in the manner provided by this act. Section 88. The school committee shall meet on the first Monday in January in each municipal year, and shall, at such meeting or ns soon there- e;fter ms may be, urgunize and elect.one of its members by hailer sa clerk and any other officers herein provided for. Section 39. The school committee shall exercise all the powers and be subject to all the duties imposed by law upon school eemmittees. The eom- mittee shall in the month of October in each year submit to the mayor an estimate in detail of the amount deemed by it necessary to expend for its purpe~es during the ensuing financial Fear, which estimate sba11 be trans- mitted by the mayor in the manner provided in this oct with such recom- mendations in regard thereto ab he may deem neeeBeerF. Except as required or empowered by law, the school committee shall cause no liability to be in- curred and no expenditure to be made for any purpose beyond the specific Spproprhtion made therefor by the beard of aldermen. Section 40. Whenever, in the opinion of the school committee, a school- house is required or material alterations are needed, they shall send a com- munication to th~ mayor end board of aldermen stating their reasons Section 41. All sessions of the committee cheil be open to the public, and a journal of its proceedings shall be kept which shall be subject to public inspection. The vote of the committee upon any question shall be taken by roll call when the same ls requested by at least two members. Section 49.. No of~ciai of said city, except in a case of emergency involving the health and safct~' of the people or their property, shall ex- pend in any municipal year any sum for any purpose in excess of the propriation du~y made therefor in accordance with this act, nor involve the city in any contract for the future payment of money in excess of such xp- proprlatien, unless so permitted or required by law. Any official violating REYISF. n CHARTE~ the' provisions of this section shall be punished by a fine not exceeding three hundred dollere, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Section 48. The eonvietion of the incumbent of any ofllee established under this act of a crime punishable by imprisonment shall operete to create a. vaeaney in the office held by him. Every bill and every veueher for an expenditure of money shall be approved by the signatures upon such bill, or voucher of a majority of the' members of the committee, or of the officer, having control of or incurring such expenditure. No sum appropri- ated for a specific purpose shall be expended for any other purpose except upon the written recommendntJon of the mayer and the affirmative vote of at least seven of the members of the bee~d of aldermen with a lapse of at least one week between the two readings of such an order; and no expendi- ture shall be made nor liability incurred by or in behalf of the city until an appropriation has duly been voted by the board of aldermen sufficient to meet such expenditure er liability together with all prior unpaid linbilities growing out of the item for which enid approprietion is mede. Section 44. No franchise or right to occupy or use the highwayst bridges or public places in said city, shall be granted, renewed or extended except by ordinance and under the provisions of law, and every such fran- chise or grant relating to street railways, gas or electric light, or power plants, telegraph or telephone systems, or other public service utilities with- in said city having first been granted or renewed, as provided in this act, by the mayor and board of aldermen, shall not be valid until approved by a majority of the electors voting thereen at a general or special election called under the provisions of this act. In all eases, however, where extensions of existing franchises or rights are sought, the same may be l,-aoted to the holders thereof in the manner provided in section twenty-one of this act, and in such cusos approval by the voters shall not' be required to render the same valid, unless within ~hirty days after the final passage of the order granting the extension, a petition objecting thereto, signed by at least three hundred' qunlified voters of the city shall be filed with the city clerk. Section 45. No contract for the purehaes of materials or supplies, er for labor to be furnished, except labor to be rendered in person, involving the expenditure of more than three hundred, doll--s for any one specific purpose, shall be valid unless the same' be in writing and signed in behlf of the city by the mayor and the o~esr, ar a majority of 'the board or committee, authorized to incur the liability. No such enntract shall be made until proposals shall have been invited by an edvertinsment printed t~ree, times in one or more newspapers for at least tan days before the time designated therefn for the closing of bids, unless, in the case of any par- ticnlar ccutract, the mayor shall in writing rsoommend that the same be not adv~tised. In such writing, the mayor shall fully sot forth the necessity for such rsoommendation, and'his reasons for the same, and in Stleh ease the previsions herein for edvertislng shall be suspended if the board of aldermen by a two-thirds vote approve the recommendation.' At the time and 'piece appointed in said advertisement all bids received shall be opened publicly, and the contract shall be awarded to the lowest responsible hid- der complying with the regulations, who, in the judgment of the officer, member or committee authorized to incur the liability, is competent and can procure the means to perform the ennt~act satisfactorily, but any and all proposals' may be rejected ff such n enuree is deemed to be for the in- tereste of the city. No proposals shall be considered unless received within 14 REVISED CHARTER the time designated in the advertisement, nor unless properly sealed and ac- eompanied by a dul~ certified ebeck for the amount, i~ any, specified in such advertisement, to be drawn on some national bank in the Commonwmdth and payable to the order of the city treasurer. The check shall be returned to the depositors as soon as the eentract is awarded, except that ff the suc- cessful bidder does not duly execute the contract upon request and sign any bend which may be required by its terms, the check accompanying his pro- poeal shall be delivered to the city treasurer for eellection. No bond shall be furnished of less .than one-quarter nor shall it exceed one-half the total amount of the contract. A duly executed copy of every such contrast shall be filed with the city clerk forthwith upon the signing of the same. Every such contract requiring the employment of mechanics and laborers in the construction cf public works shall contain the provisions required by law to the e~ect ~h,~ preference be ~iven to cltize2s of the Commonwealth, or if they cannot be had in eu~clent numbers, to citizens of the United States. Section 46. In January following the aeceptanoe of this act the mayor shall appoint, subject.to confirmation by the board of aldermen, four per- sons, inhabitants cf the city, who, with the city trea_m2ror, shall be mem- bers cf a board to be known as the board of commissioners of trust funds. One such commissioner shall be appointed to serve for one year, one for two years, and two for three years, and until their successors are appointed and qualified; and thereafter at the expiration of the ~erm of service cf every such commissioner, a successor Shall be appointed in the manner aforesaid to serve for the term of three years. The city treasurer shall, ex-officio, always, be a member of the said board of commlfsionors. In case a vacancy occurs in the board, it shall be filled by appointment us aforesaid for the unexpired term. Any eemmissioner may be removed by the mayor at any time, such removal to be confirmed by the board of aldermen. The mem- bers of the board of commissioners shall serve without eempensatien. The board shall, so far us is consistent with the terms- of the trusts under wkick trust funds are held by the city invest, manage, control and have the cus- tody of all such i~2nds, and as a part of ouch management shall distribute, subject to the written approval of the mayor, the income of said funds in accordance with the terms of the respective trusts: pro~Mfd, however, that the income of any funds now or hereafter held in trust for cemetery pur- poses shall continue to be distributed by the ])curd of managers of public cemeteries as heretofore. The board of commissioners hereby eenstituted shall keep a record'cf its doings and at the close of each municipal year shall make a report thereof to the mayor and board of aldermen. Section 47. Chapter one hundred and cixty-one of the acts of the year eighteen hundred and ninety-four, us amended by chapter three hundred and nineteen of the' acts of the year eighteen hundred and ninety-eight' is hereby repealed, pr~L~'d~f, bou~vf~, that the repeal of said acts shall not affect any uct done or any right accruing or accrued or established, or any suit or proceeding had or begun in any civil case before the time when such repeal shall take effect; and that no cifenee committed and no penalty or for~citure incurred under the acts hereby repealed, and, before the time when such repeal shall take effect' shall be affected by the repeal, and that no suit or prosecution pending at the time of said repeal, or for any offense committed, or for the recovery of any penalty or forfeiture, incurred under the acts hereby repealed, shall be affected by such repeal; and provided also that except as herein .otherwise provided all persons who, at the time when said repeal takes effect, shall hold of Rce under said acts shall continue to aEVISIg) C~ART~R 15 hold the same according to the tenure thereof. No act or part of an act which has heretofore been repealed shall he revived By the repeal of the acts mentioned in this section. Section 48. This act shall be submitted to the qualified voters of the City of Beverly for acceptance at the annual state election in November, nineteen hundred and ten; and the city clerk shall, not less than one month before said election, transmit by mail or otherwise to every registered voter of the city a copy of this act. The vote shall be taken by ballot in answer to the following question: UShall an act passed By the general court in the year nineteen hundred and ten, entitled 'An Act to revise the charter of the City of Beverly' be accepted?" All general laws covering and applisahle to a special election of a city officer, so far as consistent with the provisions of this section, shall cover and apply to the election at which this act shall be submitted ns aforesaid. Section 49. Upon the taking effect of this act the common council of said city, and the present school committee shall be abolished and the term of office of all members thereof terminate. All the powers, duties and liabili- ties of said common council shall devolve upon, and thereafter be exercised by, the mayor and board of aldermen created By this act; and all the powers, duties and liabilities of said school committee shall thereafter be exercised and performed by the school committee provided for by this act. Section 50. So much of this act as authorizes and directs its submis- sion to the qualified voters of said city, shall take effect upon its passage; es mueh hereof as reiates to elections hereunder shall apply to the annual mnnielpal election to be held on the Tuesday after the second Monday in December, nineteen hundred and ten, should said act be accepted as afore- said; and, if aceepted at said election, this' act shall take full effect on the first Monday in'January next ensuing. (Approved May g~, lglO.) CHAPTER 44 GENERAL LAWS i Section 32. Within sixty days after the m~ual er~anisation of the : city government, in cities ~)ther than Boston not havin~ the commi~~' [ form of government the mayor, .and in ouch citise h~vin~ said commL form, the commissioner or director Of finance, shall submit to tho city co. cil the annual ]red,et of the current expenses of the city, and tho mayo. or commissioner or director, ns the case may be, may submit thereafter sup- plementary buc~ete. The budget slmll consist of-an itemized and detailed statement of the money required, and the city council, by a majority vote, shall make such.appropriations in detail, clearly epecifyin~ the amount to be expended for each particular purpose; hat the budget shall not be in such detail as to fix specife salaries of employees under the direction of boards elected by the people, other than. the city council. ' The city council · may rednce or reject any item, but without the approval of the mayor or ~oz~m~-sioner or director of finance, as the case may be, shall not incresee any item in or the total of a had~et, nor add any item thereto. · .In slzch cities not having the commission form of government, the city ci~ciais, when so requested by the mayor, droll submit to him forthwith in ench detail as he may require estimates for the next fseal year of the eexpenditures of their departments or o/~ess under their charge, which shall be transmitted to the city council. In such citiec having the commission form of govern- ment each commissioner or director shall, within thirty days after the an- nual organization of the city govornment, submit I;o the eommiesioner or director of fnance estimates in such detail as he. may require of the amounts deemed necessary for the current e~penses of their respective departments. In ail cities other than Boston, if the council fails to approve or disapprove any item in the budget, as submitted by the mayor or commissioner or director of finance, within sixty days ~fter its r~sipt thereof, such item shall, without any council action, become a p~rt of the budget for tho year, and the sum named shall be uvallable for the purpose designated. Nothing in this section sbaII prevent the mayor or cummiseioner or director of fnance from reeommend/n~, and the city council from making, appropriations prior to the adoption of the annual budget. Section 83. In sase of the failure of the mayor or commissioner or director of finance to transmit to the city council a written recommendation for an appropriation for any purpose deemed necessary by the council, after havin~ been so requested by vote thereof, said council, after the expiration of seven days from such vote, upon its own im~dative may make an appreo prlation for such purpose by a vote of at least two-thirds of its members, and shall in all cases make eneh appropriations in detail, clearly specifying the amount to be expended for each particular purpose, but not in such de- . tail as to fix specific salaries of employees under the direction of boards elected by the people, other than the city council. Section .q4. In the period ~fter tho expiration of any fiscal year and before the reKular appropriations have been made by the city council, the 16 SEV I $1~1~ CHASTER 17 city officere who are authorized to make expenditures may incur liabilities in carrying on the work of the several departments ~ntrusted to them, and payments ~herefor shall be made from the treasury from any available funds therein, and charl~d al~inst the next annual appropriation; that the liabilities ineurred during said interval do not exceed in any month the sums spent for similar purposes during any one month of the preceding year; ami provided, ]artber, that said officers may expend in any one month for any new officer or beard lawfully created an amount not exceeding one- ,-,~£th of the estimated cost for the current year. All interest and debt '~s~ due in said interval shall be paid.