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1894 Charter w/ 1898 AmendmentsCHARTER OF THE CITY OF BEVERLY. Chapter 161, Acts of 1894. Amended by Chapter 319, Acts of 1898. AN ACT TO INCORPORATE THE CITY OF BEVERLY. Be it enacted, etc., as follows: SECTION 1. The inhabitants of the town of Beverly, in case of the acceptence of this act by the voters of said town as hereinafter provided, shall continue to be a body politic and corporate, under the name of the City of Beverly, and such shall have, exercise and enjoyment of ll the rights, powers, privileges and immunities, and shall be subject to all the duties and obligations pertaining to and incumbent upon the said town as a municipal corporation. SECTION 2. The government of the city and the general management and control of all the fiscal, prudential and municipal affairs thereof shall be vested in a single officer, to be called the mayor, and in a legislative body, to be called the city council, except however that the general management and control of all the public schools of the city and of the buildings and property pertaining to such schools shall be vested in a school committee. SECTION 3. The territory of the city shall first be divided into six wards, in the manner hereinafter provided: The number of wards CHARTER may, in any year, fixed by law for a new division of wards in cities, be changed, by vote of the city council passed with the assent of the mayor at or prior to the making of such division; but the number of wards shall never be less than six. SECTION 4. All meetings of the qualified voters of the city for the purpose of voting at elections, and for other municipal or legal purposes, shall be called by warrants issued by order of the board of aldermen, which shall be in such form and shall be served and returned in such manner and at such time as the city council may by ordinance direct. SECTION 5. The municipal election shall take place annually on the second Tuesday of December, and the municipal year; shall begin at twelve o'clock, noon, on the first Monday of January, and continue until twelve o'clock, noon, on the first Monday of the following January. SECTION 6. At the municipal election the qualified voters shall, in the several wards, give in their votes by ballot for mayor and for members of the city council 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 shall be deemed and declared to be elected to such office; and whenever two or more persons are to be elected to the same office, the several persons, up to the number required to be chosen, receiving the highest number of votes shall be deemed and declared to to be elected. CHARTER SECTION 7. If it shall appear that there is no choice of mayor, or if the person elected to that office shall refuse to accept the office or shall die before qualifying, or if a vacancy in the office shall occur more than four months previous to the expiration of the term 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 such proceedings shall be repeated until the election of a mayor is completed. If the full number of members of the city council then required to be chosen shall not be elected at the annual municipal election, or if a vacancy in the office of a member thereof shall occur more than four months previous to the expiration of his term of office, the board of aldermen shall forthwith cause a new election to be held as aforesaid to fill the vacancy. In case a vacancy in the office of mayor or of a member of the city council shall occur within the four months previous to the expiration of his term of office, the city council may, in its discretion, order a new election to be held as aforesaid to fill the vacancy. SECTION 8. When no convenient ward room for holding the meetings of the qualified voters of a ward can be had within the territorial limits of such ward, the board of aldermen may, in the warrant for calling a meeting of the qualified voters of such ward, appoint and direct that the meeting be held in some convenient place, within the limits of an adjacent ward of the city; and for such purpose the place so assigned shall be deemed and taken to be a part of the ward for which the election is held. SECTION 9. General meetings of the qualified voters of the city may from time to time be held according to the right secured to the people by the constitution of the Commonwealth, and such meetings may and upon the request in writing of fifty qualified voters setting forth the purposes thereof shall be called. SECTION 10. The mayor shall be elected from the qualified voters of the city, and shall hold office for the municipal year next succeeding his election and until his successor is elected and qualified, except that when elected to fill a vacancy he shall hold office only for the unexpired term and until his successor is elected and qualified. He shall preside in the board of aldermen and in joint meetings of the two boards. The city council shall be composed of two branches, one of which shall be called the board of aldermen and the other the common council. The board of aldermen shall be composed of seven members, one of whom shall be elected annually by and from the qualified voters of the city at large. One.member of the board of aldermen and three members of the common council shall be elected annually by and from the qualified voters of each ward; they shall be residents in the wards where elected. CHARTER and shall hold office for the munidpal year next succeeding their election. SECTION 11 The mayor-elect and the members-elect of the city council shall, on the first Monday in January succeeding their election, at twelve o'clock, noon, assemble together 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, and the oath may be administered to the members of the city council by the mayor, or by the city cierk, or by a justice of the peace. In case of the absence of the mayor-elect on the first Monday in January, or if a mayor shall be subsequently elected, the oath of office may at any time thereafter be administered to him in the presence of the city council and at any time after the first Monday in January the oath of office may be administered in the presence of either branch of the city council to a member of such branch who was absent on the first Monday in January, or who shall be subsequently elected. A certificate that such oath has been taken by the mayor shall be entered in the journal of both branches of the city council, and in the journal of each branch shall be entered a certificate that the oath has been so taken by the members of that branch. SECTION 12. Directly after the oaths of office have been administered each branch of the council shall meet and organize, by the election by ballot of a president, and no other business CHARTER shall be in order until a president has been chosen. The eldest senior member present of the common council shall preside in the common council until a president has been chosen. The president of the board of aldermen shall preside in the board of aldermen, in the absence of the mayor, and in the absence of the mayor and of the president of the board the board shall elect by ballot one of their number president pro tempore. In the absence of the president of the common council it shall elect by ballot one of its members president, pro tempore. The city council shall, annually, as soon after its organization as may be, elect by joint ballot, in convention of the two branches, a city clerk, a city treasurer, a city auditor, a city solicitor, a city collector, a city physician, and a street commissioner who shall have the power of a surveyor of highways, and who shall hold their respective offices for the municipal year and until their successors are elected and qualified. The first city council elected under this act shall, as soon after its organization as may be, elect by joint ballot, in convention of the two branches, a board of assessors, consisting of three persons, a board of overseers of the poor, consisting of three persons, a board of health, consisting of three persons, a water board, consisting of three persons, and a board of park commissioners, consisting of three persons, one of each respective board to serve for the term of three years, one for the term of two years and one for the term of one year; and thereafter one member of each respective board CHARTER. shall be elected in like manner annually by joint ballot, in convention of the two branches, to serve for the term of three years beginning with the first Monday in January next ensuing, in place of the members whose respective terms then expire. The city clerk shall also be the clerk of the board of aldermen, but in case of delay in the election of a city clerk, or in case of a vacancy in the office, the board of aldermen may elect a temporary clerk, who shall act as clerk of the board until a ciry clerk is chosen and qualified. The city clerk shall be sworn to the faithful discharge of his duties, in the presence of the board of aldermen, by the president of the board or by a justice of the peace. The common council shall elect its own clerk, who shall be sworn to the faithful discharge of his duties, in the presence of the council, by the president or by a justice of the peace. Each clerk shall attend the sessions of the branch for which he is elected and shall keep a record of its proceedings and shall perform such further service as such branch may require. The president of the board of aldermen may be removed from office by the affirmative votes of two thirds of all the members of the said board. The city clerk may be removed by the affirmative votes of two thirds of all the members of each branch of the city council. The president and clerk of the common council may each be removed by the affirmative votes of two thirds of all the members of the common council. In case of the temporary absence or disability of the city clerk the mayor may, with the consent CHARTER of the board of aldermen, appoint a city clerk pro tempore, who shall be duly sworn. In case of a vacancy in .the office the same shall be filled by joint ballot, in convention of the two branches. The two branches may likewise by ordinance provide for the election by joint ballot, in convention, of a city messenger. SECTION 13. Each branch of the city council shall be the judge of the election and qualifications of its own members, shall determine the rules for its own proceedings, and may appoint such assistant clerks and other officers as may be necessary for the. proper conduct of its own business. SECTION 14. The mayor may at any time call a special meeting of the city council or of either branch thereof, by causing a written notice of such meeting, containing a statement of the subjects to be considered thereat, to be left at the usual place of residence of each member at least twenty-four hours previous to the time appointed for the meeting, and no other business shall be transacted at such special meeting. SECTION 15. In each branch of the city council a majority of the whole number of members provided to be elected shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. The two branches shall sit separately for the transaction of all business, and subsequent to the day of organization they shall not both act on the same CHARTIER day upon a matter involving the appropriation or expenditure of money. SECTION 16. The city council shall by ordinance determine the salary of the mayor, and may in like manner change such salary from time to time, but no ordinance changing the salary shall take effect until the municipal year succeeding that in which the ordinance is passed. SECTION 17. All votes of the city council making appropriations or loans of money shall be in itemized form, and when brought before the city council on recommendation of the mayor no item of the appropriation or loan in excess of the amount recommended by the mayor shall be passed except by the affirmative votes of two thirds of the members of each branch present and voting thereon. All contracts made in behalf of the city in which the amount involved exceeds three hundred dollars shall, in order to be valid, require the signature of the mayor, and except as herein otherwise provided or by law required no expenditure shall be made or liability incurred for any purpose beyond the appropriations previously made therefor. SECTION 18. Either branch of the city council may by special vote hold private sittings for the consideration of candidates for election, and the board of aldermen may likewise hold private sittings for the consideration of nominations by the mayor, but all other sittings shall be public and all votes on election and on confirmation of CHARTER appointments by the mayor shall be taken in public. SECTION 19 No member of the city council shall during the term for which he is elected hold any other offce or position the salary or compensation for which is payable from the city treasury, nor shall he act as counsel or attorney before the city council or before either branch or any committee thereof. SECTION 20. The city council shall have power within said city to make and establish ordinances and to affix thereto penalties for the violation thereof, as herein or by general law provided, without the sanction of any court or of any justice thereof. All ordinances so made and established shall be forthwith published in one or more newspapers designated by the mayor, and they shall, unless they contain an express provision for a later date, take effect at the time of their approval by the mayor, or, if a penalty for their violation is provided, at the expiration of thirty days from the day of such approval. SECTION 21. The city council shall, subject always to the approval of the mayor, have authority and power to order the laying out, locating anew and discontinuing of, and the making of specific repairs in, all streets, ways, and highways within, the limits of the city, to assess the damages sustained thereby by any person, and, except as herein otherwise provided, to act in matters relating to such laying out, locating anew, altering, discontinuing or repairing; but CHARTER in all such matters action shall first be taken by the board of aldermen. Any person aggrieved by the action of the city council hereunder shall have all the rights and privileges now by law in similar cases allowed in appeals from decisions of selectmen. Nothing herein shall be construed to depnve the county commissioners for the county of Essex of any power or authority, which they would be entitled to exercise under the provisions of chapter forty-nine of the Public Statutes in respect to the laying out, widening, discontinuing, laying out anew, or ordering specific repairs in, any highway within the limits of said city; and all orders and decrees of the county commissioners for said county of Essex, issued by them since the passage of said chapter one hundred and sixty-one, in laying out, widening, discontinuing, laying out anew, or ordering specifiic repairs in, any highway in said city are hereby ratified and confirmed. SECTION 22. Except as herein otherwise provided the city council shall, in general have and exercise the legislative powers of towns and of the inhabitants thereof, and shall have all powers and authority given to city councils under the general laws of the Commonwealth, and be subject to the duties imposed on city councils and the board of aldermen shall have and exercise all the powers, other than executive, given to the selectmen of towns, and shall have all the powers and authority given to boards of aldermen of cities, and shall be subject to the duties imposed upon such boards. CHARTER SECTION 23. The mayor shall be the chief . executive officer of the city, and the executive powers of thc city shall be vested in him and be exercised by him either personally or through the several officers and boards in their respective departments, under his general supervision and control. SECTION 24. The mayor shall communicate city council such information and shall recommend such measures as in his judgment the interests of the city shall require; shall cause the laws, ordinances and orders for the government of the city to be enforced, and shall secure an honest, efficient and economical conduct of the executive and administrative business of the city and the harmonious and concerted action. of the different administrative and executive departments. SECTION 25. In case of vacancy in the office of mayor, or in case of his death, resignation or absence from the Commonwealth, or of his inability from any cause to perform the duties of his office, the president of' the board of aldermen shall, under the style, of acting mayor, exercise the powers and perform the duties of mayor, except that he shall not, unless authorized thereto in a special instance by the city council, make any permanent appointment or removal from office; nor shall he, unless such disability of the mayor has continued at least ten days, or unless the office of mayor has become vacant, have power to approve or approve any ordinance, order, resolution or vote of the city council. SECTION 26. The mayor shall appoint, subject to the confirmatxon or rejection of the board of aldermen, all the officers of the city, unless their election or appointment is herein otherwise provided for. No such appointment made by the mayor shall be acted upon by the board of aldermen until the expiration of one week from the time when the appointment is transmitted to the board. Any officer so appointed may be removed by the mayor and board of aldermen, for such cause as they shall deem sufficient and shall assign in their order of removal, and the removal shall take effect upon the filing of the order therefor in the office of the city clerk and the service of a copy of such order upon the officer removed, either personally or at his last or usual place of residence. The city clerk shall keep such order on tile and subject to public inspection. SECTION 27. The mayor shall cause to be kept a record of all his official acts, and for that purpose and to aid him in his official duties he may, without the confirmation of the board of aldermen, appoint one or more clerks, whose number and compensation shall be fixed by the city council. SECTION 8. The mayor shall, as often as once in each month, call together for consultation upon.the affairs of the city the heads of departments, who shall whenever called upon furnish such information relative to their respective departments as he may request. SECTION 29. The mayor shall, in the month of January of each year, cause to be made to him by the heads of departments and by all other officers and boards having authority to expend money, detailed estimates of the amounts deemed by them to be necessary for their respective departments for the financial year, which shall begin on the first day of January; and he shall, not later than the first week in February, transmit such estimates to the city council, recommending appropriations for each department or purpose as he shall deem necessary therefor. SECTION 30. No sum appropriated for a specific purpose shall be expended for any other purpose and no exepnditure shall be made and no liability incurrred by or in behalf of the city unilt the city council has duly voted an appropiration sufficeint to meet such expenditure or liabilty, together with all prior unpaid liabilities which are payable therefrom, except that after the expriation of the financial year and before the making of the regular annual appropriation may be incurred to an amount not exceeding one- sixth of the total of th appropriation made for similar purposes in the preceding year. SECTION 31. The mayor shall annually require all boards and officers intrusted with the receipt and expenditure of public money, and with the care and custody of public property, to make particular and detailed statements thereof, and shall cause such statements to be published for the information of the citizens. SECTION 32. The city council may from time to time, subject to the provisions of this act and in accordance with the general laws, if they exist in any particular case, provide by ordinance for the establishment of additional boards and other offices for the construction and care of the various public works and buildings, for the direction and custody of public parks, for the management and control of a public library and a public hospital, and for other municipal purposes; may determine the number and duties of the incumbents of such boards and offices, and for such purposes may delegate to such boards and offices the administrative powers given by general laws to the city councils and boards of aldermen. The council may likewise from time to time consolidate boards and offices, and may separate and divide the. powers and diities of such as have already been established, may increase the number of persons constituting either of the boards above specified; and when such increase has been made may subsequently diminish the number, may increase or diminish the number of persons who shall, perform the duties of an office or board hereafter established as above provided, and may abolish an office or board so hereafter SECTION 33. All administrative officers be sworn to the faithful discharge of their respective duties, and certiticates of their oaths shall be made and kept in the office of the mayor. All such boards and other officers shall keep a record of their official transactions, and such CHARTER record shall be open to public inspection. By "officer," "administrative officer," and "administrative board," are meant the city treasurer, city collector, city auditor, city solicitor, board of assessors, board of health, board of overseers of the poor, board of park commissioners, water board, and street commissioner. SECTION 34. The city council may require the city treasurer, the city collector, the city auditor, and such other officers as are intrusted with the receipt, care or disbursement of money, to give bonds, with such security as it shall deem proper, for the faithful discharge of their respective duties. SECTION 35. The administrative boards and officers, and every administrative board and officer, hereafter established by the city council having the charge of a department, shall have the power, except as herein otherwise provided, to appoint and employ and to discharge and remove all subordinate officers, employees, clerks and assistants in their respective departments; and they shall keep a record, subject to inspection, of all so appointed and employed and of all discharged and removed, and, in case of discharge and removal, of the grounds therefor. SECTION 36. The city council may establish a police department and provide for the appointment of a chief of police and of other members of the police force by the mayor, subject to the confirmation or rejection of the board of aldermen. CHARTER SECTION 37. The city council may establish a fire department and provide for the appointment of a chief engineer and of other members of the department by the mayor, subject to the confirmation or rejection of the board of aldermen. SECTION 38. Every administrative board, through its chairman, and every officer having charge of a department shall, at the request of either branch of the city council, appear before it and give such information as it may require in relation to any matter, act or thing connected with the discharge of the duties of such board or office; and when so requested to appear the officer who appears shall have the right to speak upon all matters, under consideration relating to his department. SECTION. 39. The city council shall establish by ordinance the salary or compensation of every officer, clerk and assistants, and all other employees of the city; but after the first municipal year no ordinance changing any such salary or compensation shall take effect until the municipal year succeeding that in which the ordinance is passed. SECTION 40. The management and control of the schools of the city shall be vested in a school committee, consisting of members-at- large and members from wards. At the first municipal election held under this act three members at large, of the school committee, who shall be inhabitants of the city, shall be elected by the qualified voters of the entire city, one to serve CHARTER for the term of three years, one for the term of two years and one for the term of one year, beginning with the first Monday in January then next ensuing; and thereafter one member at large of the school committee shall be elected in like manner at each annual municipal election, to serve for the term of three years beginning with the first Monday in the January next ensuing, in place of the member at large whose term then expires. At the first election so held six members of the school committee from wards, one being an inhabitant of each ward, shall be elected by the qualified voters of the entire city. Two of such members shall serve for terms of three years, two for terms of two years and two for terms of one year, beginning with the first Monday in the January next ensuing; and their respective terms shall .be assigned to them by lot directly after their election, by the selectmen of thi town. At each subsequent animal municipal election the qualified voters of the city shall elect two members of the school committee from wards, which members shall be inhabitants of the same wards from which the members whose terms of office then expired were elected, to serve for terms of three years as aforesaid. If however in any year there shall be a new division of the city into wards, the terms of office of all the members of the School committee from wards shall expire, at the end of the municipal year in which such division is made; and at the municipal election occurring in such year, members from wards, as many in number as CHARTER there are new wards, and one member being an inhabitant of each ward, shall be elected by the qualified voters of the city; and the mayor shall by lot make such arrangement of the terms of the respective members of the school committee from wards that the terms of one-third of the members of the school committee, as near as may be, shall expire each year. SECTION. 41. In case of a vacancy in the office of a member of the school committee the mayor shall call a joint convention of the board of aldermen and of the school committee, at which the president of the board of aldermen shall preside, and such vacancy shall, by a vote of a majority of all the members of the two bodies, be filled by the election of a member at large or of a member from a certain ward, according as the vacancy exists, to serve until the end of the municipal year in which the warrant for the next armual municipal election shall be issued; and at such election the further vacancy, if say, shall · be filled for the remainder of the unexpired term, in the same manner as the member whose office is vacant was elected. SECTION 42. The school committee shall meet on the first Monday in January in each year and organize by the election by ballot of one of its members as chairman and by the election of a clerk. The committee shall be the judge of the election and qualification of its members and shall determine the rules for its proceedings A majority of the whole number CHARTER provided to be elected shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. SECTION 43. The school committee may elect a superintendent of schools, and may appoint such other subordinate officers and assistants as it may deem necessary for the proper discharge of its duties and the conduct of its business; shall define their terms of service and duties and fix their compensation, and may remove and discharge them at their pleasure. SECTION 44. The school committee shall in the month of January in each year submit to the mayor an estimate in detail of the amount deemed by it necessary to expend for its purposes during the succeeding financial year, and the mayor shall transmit the same, with the estimates of the departments, to the city council, and shall recommend such appropriation as he shall deem necessary. SECTION 45;. Unless thereto required by law the school committee shall cause no liability to be incurred and no expenditure to be made .for any purpose beyond the specific appropriation which may.be made therefor by the city council, except that after the expiration of the financial year and before the making of the regular annual appropriations liabilities payable out of a regular. appropriation may be incurred to an amount not exceeding one-sixth of the total of the appropriation made for similar purposes in the preceding year. SECTION 46. The city council may determine that salaries shall be paid to the members of the · school committee, may fix the amount thereof, and may change the same from time to time. SECTION 47. The removal of a member of the school committee from the ward for which he was elected, to another ward of the city, shall not disqualify him from discharging the duties of his office for the remainder of the term for which he was elected. SECTION 48. The general laws relating to municipal indebtedness of cities, the general laws. requiring the approval of the mayor to the doings of a city council or of either branch thereof, and relative to the exercise of the veto power by the mayor of a city, and the provisions of chapter three hundred and twenty of the acts of the year eighteen hundred and eighty-four and all acts in amendment thereof, shall have full force, application and effect in said city. SECTION 49. All persons holding office in said town at the time when this act takes effect and becomes of force therein, as herein provided, shall continue to hold such offices until the organization of the city government hereby authorized shall be erected, and until their respective successors shall be chosen and qualified. SECTION 50. No suits, prosecutions or other legal proceedings in which said town is a party, pending at the time when this act takes effect in said town, and no rights then already accrued or penaIties or forfeitures incurred under any such proceedings shall be affected or impaired by the taking effect of this act, and all by-laws of said town shall continue in force until repealed or supersed by ordinance. SECTION 51. Trust funds given to or held by said town shall continue to be held and administered by the city council of the city, and trust funds given to or held by the selectmen or other designated, officers of the town shall continue to be held and administered by the mayor or by other officers of the said city having powers corresponding to those of the officers who formerly held and administered such funds. SECTION 52. Upon the taking effect of this act as herein provided the selectmen of said town shall forthwith divide the territory of the town into six wards, so that the wards shall contain, as nearly as may be consistent with well defined limits to each, equal numbers of voters, and they shall designate the wards by numbers. They shall for the purpose of the first municipal election to be held hereunder, which shall take place on the second Tuesday in December next succeeding such taking effect, provide suitable polling places in the several wards, and shall give notice thereof ; and shall, at least ten days previous to such second Tuesday in December, appoint all proper election officers for such election ; and they shall in general have the powers and peform the duties of the mayor and the board of aldermen of cities under the general laws relating to elections in cities, the provisions of which shall so far as applicable apply to such election; and the town clerk shall perform the duties therein assigned to a city clerk. The registrars of voters shall cause to be prepared and published, according to law, lists of the qualifeded voters in each of the wards established by the selectmen. SECTION 53. The selectmen shall notify of their election the persons elected at the first election under, this act, and shall provide and appoint a place for the first assembling of the mayor and city council, and for the meeting of the city council, on the first Monday in January next ensuing; and shall by written notices left at their respective places of residence at least twenty-four hours prior to such assembling, notify thereof the mayor-elect and the members-elect of the city council, who shall proceed to organize and carry into effect the provisions of this act which shall then have full force and effect. The selectmen shall in like manner provide and appoint a place and hour for the first meeting of the school committee on the day aforesaid, and shall notify the members-elect thereof. Nothing herein shall affect the annual meeting in said town which may be held next after the taking effect of this act for the election of national, state, district and county officers. SECTION 54. All general laws in force in the town of Beverly when this act shall be accepted as herein provided, and all special laws heretofore passed with reference to said town of Beverly CHARTER which shall then have been duly accepted by said. town and which shall be then in force therein, shall, until altered, amended or repealed, continue in force in the city of Beverly, so far as the same are not inconsistent herewith. SECTION 55. A meeting shall be called by the selectmen for the purpose of submitting the question .of the acceptance of this act to the legal voters of said town at any time after the passage thereof, except in the months of November and December. At such meeting the polls shall be open not less than eight hours, and the vote shall be taken by ballot, in accordance with the provisions of chapter four hundred and seventeen of the acts of the year eighteen hundred and ninety-three and of all other acts relating to town elections, so far as the same shall be applicable, in answer to the question: "Shall an act passed. by the general court in the year eighteen hundred and ninety-four, entitled, ' An act to incorporate the city of Beverly,' be accepted?"; and the affirmative votes of a majority of the voters. present and voting thereon shaII be required for its acceptance. If at any meeting so called this act shall fail to be thus accepted, it may at the expiration of one year from any such previous meeting be again thus submitted for acceptance, but not after the period of three years, from the passage thereof. SECTION 56. So much of this act as authorizes the submission of the question of its acceptance to the legal voters of said town shall take, CHARTER effect upon its passage, but it shall not take further effect unless accepted by the legal voters of said town as herein prescribed.