Chap. 0211 An Act to revise the charter of the city of fall river.

Be it enacted, &c, as follows:

Section 1. The inhabitants of the city of Fall River, for all the purposes for which towns and cities are by law incorporated in this Commonwealth, shall continue to be a body politic and corporate, in fact and in name, under the style and denomination of the City of Fall River; and as such shall have, exercise and enjoy all the rights, immunities, powers and privileges, and shall be subject to all the duties and obligations now incumbent upon and appertaining to said city as a municipal corporation.
Section 2. The administration of all the fiscal, prudential and municipal affairs of the said city, with the government thereof, shall be vested in one municipal officer, to be called the mayor; one council of six, to be called the board of aldermen ; one council of eighteen, to be called the common council ; which bodies, in their joint capacity, shall be called the city council; and the members thereof shall be sworn to the faithful performance of the duties of their respective offices.
Section 3. The city council may, in the year eighteen hundred and eighty, and not oftener than once in five years thereafter, revise, and, if needful, make a new division of the city into such number of wards, not less than six nor more than twelve, as said council shall deem the interests of the city may require, and the said wards shall be so constituted as to contain, as nearly as may be consistent with well defined limits to each ward, an equal number of qualified voters in each ward, according to a census of voters which shall be taken in the month of May in said years ; but no such division of wards shall have the effect to change the boundary lines of any representative district previously established; and until such revision be made, the boundary lines of the wards of the said city shall remain as now established : provided, that in case the number of said wards shall be increased, each ward shall be entitled to one alderman and three common council-men.
Section 4. All warrants for meetings of the citizens for municipal purposes, to be held either in wards or in general meetings, shall be issued by the mayor and alder-
men, and shall be in such form, and shall be served, executed and returned in such manner and at such times as the city council may by ordinance direct.
All elections shall be had at meetings of the citizens qualified to vote therein in their respective wards, at the times duly fixed for such elections respectively.
. The mayor and 'aldermen shall, within two days after such elections, examine and compare the returns, and make out certificates of the result of such elections, to be signed by the mayor and a majority of the aldermen, and also by the city clerk, which shall be transmitted or delivered in the same manner as similar returns are by law directed to be made by selectmen of towns.
Section 5. The citizens entitled to vote for state officers, shall on the Tuesday next after the first Monday of December, annually, meet together in their several wards, at such place and hour as the mayor and aldermen may by their warrants appoint, and give in their ballots for mayor, aldermen, common councilmen and ward officers, all of whom shall hold their offices for the municipal year next following said meeting, and until others shall have been chosen and qualified ; and in the case of aldermen and common councilmen, until a majority of both branches shall have been chosen and qualified ; and the municipal year shall begin on the first Monday in January following.
If the choice of aldermen, common councilmen or ward officers shall not be effected on that day in any ward, by reason of two or more persons receiving the same number of ballots for the same office, the mayor and aldermen shall forthwith cause a warrant to be issued to complete such election.
Section 6. The mayor shall be an inhabitant and qualified voter of the city, and shall be elected by the qualified voters of the city at large. One alderman, three common councilmen, and the following ward officers, viz., a warden, clerk and three inspectors of elections, who shall be different persons, shall be elected by the qualified voters of each ward, and shall be inhabitants and qualified voters of the ward where elected.
Section 7. The warden, clerk and inspectors shall respectively make oath or affirmation faithfully and impartially to perform their several duties, which oath or affirmation may be administered by the clerk to the warden, and by the warden to the clerk and inspectors, or to either
of said officers, by any justice of the peace, and a certificate thereof tshall be entered on the records of the ward by the clerk.
It shall be the duty of the warden to preside at all ward meetings, with the power of moderators of town meetings, and to assort, count and declare, in open ward meeting, all ballots given in at such meeting.
It shall be the duty of the clerk to record all proceedings and certify the ballots given in at any election, in a book to be provided by the city for that purpose ; to deliver to each person elected alderman, common councilman or ward officer, within forty-eight hours after his election, a certificate thereof, signed by the warden, clerk and a majority of the inspectors; to enter upon the ward records, in open ward meeting, the names of all persons receiving votes, the number of votes cast for each person, written in words at length, and the title of the office for which he is proposed ; and a transcript of such record, certified by the warden, clerk and a majority of the inspectors, shall forthwith be delivered by such ward clerk to the city clerk. On the expiration of his term of office, the ward clerk shall deliver all books, records, documents, papers and other things held by him in his capacity as said clerk, to the city clerk, by whom, such of them as need be, shall be delivered to the new ward clerk.
It shall be the duty of the inspectors of elections to assist the warden in receiving, assorting and counting the ballots given in at any election.
Section 8. If at any meeting the warden shall not be present, the clerk of said ward shall call the meeting to order, and preside until a warden pro tempore shall be chosen, and if at any meeting the clerk shall not be present, a clerk pro tempore shall be chosen, and if both the warden and clerk shall be absent, the senior in age of the inspectors of elections of said ward present may preside until a warden pro tempore shall be chosen ; and in case of the absence of all said officers, the constable who returns the warrant may call the meeting to order and preside until a warden pro tempore shall be chosen ; and whenever any of the inspectors shall be absent, his office shall be filled pro tempore. All ward officers shall be chosen by ballot.
Section 9. It shall be the duty of the city clerk forthwith to enter the copies of the records of the several wards
received from the ward clerks, certified as aforesaid, or a plain and intelligible abstract of them, upon the journal of the board of aldermen, or a book kept for that purpose.
Section 10. Within two days after any election for mayor, the board of aldermen shall examine the returns of votes from the several wards, and shall cause the person who received the highest number of votes for mayor to be notified in writing of his election. If it shall appear by said returns that no person is elected, or if the person elected omits or declines to accept the office within seven days after the notification aforesaid, the board shall cause the fact to be entered upon the records of the city, and shall issue their warrant for a new election, and the same proceedings shall be had in all respects as are provided with reference to the first election for mayor; and so on, from time to time, until a mayor is chosen who accepts the office.
Section 11. The mayor shall be the chief executive officer of said city. It shall be his duty to be vigilant and active in causing the laws, ordinances and regulations of the city to be duly executed and enforced, to exercise a general supervision over the conduct and acts of all subordinate officers, to examine into all complaints preferred against them for violation or neglect of duty, and as far as is in his power, cause all negligence, carelessness or violation of duty to be duly prosecuted and punished ; and whenever in his judgment the good of the city may require it, he may call meetings of the city council, or either branch thereof, by causing a written notice to be left at the place of residence of each member, or delivered to him in person, although the meeting of said branches, or either of them, may stand adjourned to a more distant day; and he shall perform such other duties as the city council may legally and reasonably require. The mayor from time to time shall communicate to the city council or either branch thereof, all such information, and recommend all such measures, as in his opinion may tend to the improvement of the finances, the police, health, security, cleanliness, comfort, government and ornament of the city. He shall, when present, preside in the board of aldermen and in convention of the two branches of the city council, but shall have no right to vote. In all cases in which appointments are directed to be made by the mayor and aldermen, the mayor shall have exclusive power of nomination, sub-
ject however to confirmation or rejection by the board of aldermen ; but if a person so nominated shall be rejected, it shall be the duty of the mayor to make another nomination within one month from the time of such rejection.
Section 12. The persons returned to serve as aldermen and members of the common council shall, on the first Monday of January, at ten o'clock in the forenoon, meet in their respective rooms ; the board of aldermen shall be called to order by the mayor elect, or in his absence, by the senior member; the common councilmen shall be called to order by the senior member, and on the appearance of a quorum of each branch, notice shall be communicated to the other of that fact, and the two branches shall then forthwith meet in convention. If no mayor who accepts the office has been chosen prior to said first Monday in January, the city clerk shall read the record of that fact in presence of the persons assembled ; otherwise the oath of office shall be administered to the mayor elect by the city clerk or by any justice of the peace. The oath of office shall be administered to the members present by the mayor or by any justice of the peace ; and a certificate thereof shall be entered in the journals of the board of aldermen and of the common council by their respective clerks.
Section 13. After the organization of the city government as aforesaid, the two branches shall separate, and the persons chosen and qualified as aldermen shall meet, and when a quorum shall be present, said board shall proceed to choose one of their number as permanent chairman, who shall, in the absence of the mayor, preside at all meetings of said board, and in convention of the two branches, and in case of any vacancy in the office of mayor for any cause, he shall exercise all the powers and perform all the duties of said office as long as such vacancy shall continue ; and he shall always have a vote in said board, and in convention of the two branches, but shall not in addition have a casting vote. In the absence of the mayor and chairman of the board of aldermen, said board may choose a chairman pro tempore.
Section 14. The persons chosen and qualified as common councilmen shall meet and act together as a separate body, distinct from the board of aldermen, except in those cases in which the two bodies meet in convention : and the
common council shall have power from time to time to choose by ballot one of their number as president, who shall preside over their deliberations and preserve order and decorum therein. The city auditor shall be clerk of the common council, and shall be sworn to the faithful discharge of his duties as such. It shall be the duty of the clerk to attend said council when the same is in session, to keep a journal of its acts, votes and proceedings, and to perform such other duties in said capacity as said council may require. In the absence of the clerk, a clerk pro tempore may be chosen and shall be duly qualified.
Section 15. In case of the decease or resignation of the mayor, or of his inability to perform the duties of his office, the board of aldermen and common council shall respectively by vote declare that a vacancy exists in said office, and the cause thereof, whereupon the board of aldermen shall issue their warrants in due form for the election of mayor, and the same proceedings shall be had as are hereinbefore provided for the choice of mayor, and the mayor thus elected shall hold his office during the remainder of the municipal year, and until another is chosen and qualified in his stead.
Section 16. Whenever it shall appear to the board of aldermen that there is a vacancy, by removal from the city, 'or by death, resignation or any other cause, in the board of aldermen or common council, it shall be the duty of the board of aldermen to issue their warrants to fill such vacancy, and the same proceedings shall be had as are hereinbefore prescribed for the election of aldermen and common councilmen. And the person elected to fill such vacancy shall be sworn to the faithful discharge of the duties of his office, and may serve for the unexpired term.
But in case of a vacancy in the common council, such warrant shall not be issued until the board of aldermen receive notice thereof from said council.
Section 17. Any person chosen a member of the board of aldermen or of the common council, who shall not be qualified at the organization of the city council on the first Monday in January, or who, after said organization, shall be elected to fill a vacancy in either of said boards, may be qualified at any time by the mayor in presence of the board of aldermen.
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Section 18. Each board shall keep a record of its proceedings, and judge of the returns, elections and qualifications of its own members.
Section 19. A majority of each branch of the city council shall constitute a quorum for doing business.
Section 20. The city council shall fix the compensation of all officers, and shall define their duties, so far as the same are not determined by the laws of the Commonwealth, and all sums of money received by any officer in his official capacity from any source, shall be duly accounted for and paid over to the city treasurer monthly: provided, that no compensation shall be paid to members of the common council; and provided, further, that the salary of the mayor shall not be changed after the last Monday in November.
Section 21. No member of the board of aldermen or common council, shall at the same time hold any office of emolument, the salary of which is paid from the treasury of the city; and the acceptance of any such office by any alderman or common .councilman shall be deemed and taken to be a resignation of his seat, and the place so vacated shall be filled as hereinbefore provided.
Section 22. The city council shall take care that money shall not be paid from the treasury unless granted or appropriated; shall secure a just and prompt accountability, by requiring bonds with sufficient penalties and sureties from'all persons intrusted with the receipt, custody or disbursement of money ; shall have the care and superintendence of all city buildings, and the custody and management of all city property, with power to let or sell what may be legally let or sold ; and to purchase property, real or personal, in the name and for the use of the city, whenever its interests or convenience may in their judgment require it; and the city council shall, as often as once a year, cause to be published, for the use of the inhabitants of the city, a particular account of receipts and expenditures, and a schedule of city property and the city debts.
Section 23. The executive power of said city generally, together with the administration of the police, and all the powers vested in the selectmen of towns by the laws of the Commonwealth, shall be, and hereby are, vested in the mayor and aldermen as fully as if the same were herein specially enumerated, and the mayor and
aldermen shall have full and exclusive power and authority to appoint a city marshal, and such number of assistant marshals, constables and police officers as they shall deem expedient; and the same may be removed by the mayor, or board of aldermen, when such officers do not faithfully and efficiently perform their duties. The mayor and aldermen may require any person who may be elected or appointed marshal or constable of the city, to give bonds for the faithful discharge of the duties of his office, with such surety and to such an amount as they may deem reasonable and proper, upon which bonds the like proceedings and remedies may be had as are by law provided in the case of constables' bonds taken by the selectmen of towns.
Section 24. All other powers vested in the inhabitants of towns in this Commonwealth, and all powers granted by this act, shall be vested in the mayor, aldermen and common councilmen of said city, to be exercised by concurrent vote, each board to have a negative upon the other; but the city council shall annually, as soon after their organization as may be convenient, elect by joint ballot, in convention, a city clerk, a city treasurer, collector of taxes, auditor, city solicitor, city physician, and one or more surveyors of highways, and shall, in such maimer as the city council may determine, by ordinance made for that purpose, elect all other officers necessary for the good government, peace and health of the city, not herein otherwise directed, who shall hold their offices for the term of one year from the first Monday of March of each }rear, and until their successors shall be chosen and qualified : provided, however, that any officer elected by the city council, may be removed at any time by said council for sufficient cause ; and in case of the death, resignation or removal of any officer elected by the city council, his place may be filled in the manner provided in this section for the election of city officers, and any person so elected shall hold office only for the unexpired term.
Section 25. The city clerk shall be sworn to the faithful discharge of the duties of his office. He shall have charge of all journals, records, papers and documents of the city, sign all warrants issued by the mayor and aldermen, and do such other acts in his said capacity as the city council may lawfully and reasonably require of him, and shall deliver all journals, records, papers and documents, and other things intrusted to him as city clerk, to his sue-
cesser in office. He shall also perform all the duties and exercise all the powers by law incumbent upon, or vested in, clerks of towns of this Commonwealth. He shall be clerk of the board of aldermen, shall attend said board when the same is in session, and keep a journal of its acts, votes and proceedings; also of the city council when in convention. He shall engross all the ordinances passed by the city council in a book provided for that purpose, and shall add proper indexes, which book shall be deemed a public record of such ordinances; and he shall perform such other duties as shall be prescribed by the board of aldermen. In case of the temporary absence of the city clerk, the mayor, by and with the advice and consent of the board of aldermen, may appoint a clerk j)ro tempore, who shall be duly qualified.
Section 26. The city council shall elect, by joint ballot, in convention, three persons to be assessors of taxes, one to serve one year, one to serve two years, and one to serve three years from the first Monday of March next following and until their successors are respectively chosen and qualified. In each succeeding year, as soon after the organization of the city council as may be convenient, said council shall elect by joint ballot in convention, one assessor of taxes, who shall hold his office for the term of three years from the first Monday of March in said year, and until his successor is chosen and qualified.
The assessors thus chosen shall constitute the board of assessors for the city, and shall exercise the powers and be subject to the duties and liabilities of assessors of towns in this Commonwealth, and shall be sworn to the faithful performance of the duties of their office.
All taxes shall be assessed, apportioned and collected in the manner prescribed by the laws of the Commonwealth : provided, however, that the city council may establish additional provisions not inconsistent therewith.
Section 27. The members of the school committee shall be elected by the qualified voters of the city, at meetings held in the several wards, on the Tuesday next after the first Monday of December annually, and shall serve for the term of three years, from the first Monday in January next ensuing. The board of school committee shall consist of the mayor ex oljicio, who shall be chairman of the board, and twelve other members, six of whom shall be selected at large, and one of whom shall be selected
from each of the six wards of the city, one-third of whom shall be elected annually in such manner as the city council by ordinance may determine : provided, that at the first election held after this act takes effect the whole number shall be elected, and shall be divided into classes to serve for one, two and three years, as may be prescribed by such ordinance. In case the number of wards shall be increased, the city council may by ordinance increase the number of the school committee so that each additional ward shall be entitled to one member thereof.
Section 28. The overseers of the poor shall consist of the mayor, the chairman of the board of aldermen, the president of the common council and four other persons, neither of whom shall hold any other office in the city government and who shall be elected by concurrent vote of the city council, and shall be sworn to the faithful discharge of their duties. In the month of January next after the date when this act takes effect, two of said last named persons shall be elected to serve for one year, and two to serve for two years, and thereafter, in January of each year, two of said persons shall be elected to serve for two fears. In case of a vacancy in the board of overseers of the poor, from any cause, the city council shall fill such vacancy by electing a person to serve for the remainder of the term ; and all overseers of the poor shall serve until their successors are chosen and qualified. The overseers of the poor may appoint a secretary, and define his duties ; and the compensation of such secretary shall be fixed by the city council. Said overseers shall have all the powers heretofore conferred upon the overseers of the poor of the city of Fall River, and all the powers of overseers of the poor in towns, but shall receive no compensation for their services except by vote of the city council.
Section 29. All powers and authority now vested by law in the board of health for towns or in the selectmen thereof, shall be vested in the city council, to be by them exercised in such manner as they may deem expedient; and the city council may constitute either branch, or any committee of their number, either joint or separate, the board of health for all or for particular purposes.
Section 30. The city council may by ordinance establish a tire department, to consist of a chief engineer, a superintendent of fire alarm telegraph, and so many assistant engineers, enginemen, hosemen and hook-and-laddei
men, as the city council shall from time to time determine to be necessary for the interests of the city ; and said council shall have authority to make such provisions in relation to the time and mode of appointment and the occasion and mode of removal of any officer or member of said department, to make such regulations in respect to their qualifications and periods of service, to define their offices and duties, to fix and pay such compensation for their services, and in general to make such regulations in regard to their conduct and government as they shall deem expedient: provided, that the appointment of superintendent of fire alarm telegraph, cnginemen, hosemen and hook-and-laddcr men, shall be made by the mayor and aldermen exclusively.
The engineers of the department shall have the powers and authority in regard to the prevention and extinguishment of fires, and the performance of the other offices and duties incumbent upon firewards, as are vested in and conferred upon firewards and engineers of fire departments by the statutes of this Commonwealth. The city council may, by ordinance, make regulations concerning the management of fires, and the conduct ofAall persons attending or present thereat, the removal and protection of property, for the examination of any buildings and places where combustible materials are supposed to be kept or deposited, and to require and enforce the removal of such materials or substances at the expense of the person or persons on whose premises the same shall be found, and the adoption of suitable safeguards against fires, and the loss or destruction of property thereat. Said cit}' council may construct reservoirs for water, procure land, buildings, furniture, engines, and such other apparatus as ma\r bo necessary for the purposes of the lire department, and provide for the use, control and preservation thereof. The city council may appropriate and expend such sums of money for the relief of firemen disabled in the service of tho city, and for the relief of the families of firemen killed in the performance of their duty, as they may deem just and proper.
Section 31. The city council shall have exclusive authority and power to lay out any new street or town way, and to estimate the damages any individual may sustain thereby ; but all questions relating to the subject of laying out, accepting, altering or discontinuing any
street or way, shall first be acted upon by the mayor and aldermen, and any person dissatisfied Avith the decision of the city council in the estimate of damages may make complaint to the superior court or the county commissioners of the county of Bristol in term time or vacation, within one year after such decision, whereupon the same proceedings shall be had as are now provided by law in cases where persons are aggrieved by the assessment of damages by selectmen, in the forty-third chapter of the General Statutes, and acts in amendment thereof.
Section 32. The mayor and aldermen may cause the streets, lanes and avenues of the city to be lighted, and for that purpose may erect posts, and construct lamps, lay gas-pipes or other apparatus in said streets, lanes and avenues, and do such other things as may be necessary to carry into effect said purposes.
Section 33. The city council shall have power within said city to make and establish such ordinances and bylaws not inconsistent with the laws of the Commonwealth, as towns have power by law to make and establish ; such ordinances and by-laws to have force and effect within such city, without revision or approval by the superior court or any justice thereof; and to modify, amend or repeal the same; and to annex penalties, not exceeding twenty dollars, for the breach thereof.
Section 34. All fines, forfeitures and penalties accruing for the breach of any by-law or ordinance of the city council, may bo prosecuted for and recovered before the second district court of Bristol, holden in said city of Fall River, by complaint or information, in the same manner in which other criminal offences are now prosecuted before the district courts within this Commonwealth, reserving, however, in all cases to the party complained of and prosecuted, the right of appeal to the superior court then next to be held in the county of Bristol, and the appeal shall be allowed in the same terms, and the proceedings shall be conducted therein in the same manner as provided in the statutes of this Commonwealth; and it shall be sufficient in all such prosecutions, to set forth in the complaint the offence, fully, plainly, substantially and formally, and it shall not be necessary to set forth such by-law or ordinance, or any part thereof. All fines, forfeitures and penalties so recovered and paid, shall be paid to the treasurer of the city of Fall River, and shall inure to such uses
as the city council shall direct. When any person, upon any conviction before the second district court of Bristol, for the breach of any by-law or ordinance of the city council, shall be sentenced to pay a fine, or ordered to pay any penalty or forfeiture provided by any such by-law or ordinance, or upon claiming an appeal, shall fail to recognize for his appearance at the court appealed to, and there to prosecute his appeal, and to abide the sentence or order of the court thereon, and in the meantime to keep the peace and be of good behavior, and upon not paying the fine, penalty or forfeiture and costs so assessed upon him, he shall be committed to prison, there to remain until he shall pay such fine, forfeiture or penalty and costs, or be otherwise discharged according to law.
Section 35. Chapter two hundred and fifty-seven of the acts of the year eighteen hundred and fifty-four, entitled "An Act to establish the city of Fall River," and sundry acts in amendment of the same, are hereby repealed : provided, that such repeal shall not revive any law heretofore repealed or superseded, nor any office heretofore abolished ; it shall not affect any act done, or any right accruing, accrued or established, or any proceedings, doings or acts, ratified or confirmed, or any suit or proceeding had or commenced before the repeal takes effect, but the proceedings therein shall, when necessary, conform.to the provisions of this act; it shall not affect any penalty or forfeiture incurred before it takes effect, under any of the laws repealed, except that where a punishment, penalty or forfeiture is mitigated by the provisions of this act, such provisions may be extended and applied to any judgment pronounced after said repeal; it shall not affect any suit or prosecution pending at the time of the repeal for an offence committed, or for the recovery of a penalty or forfeiture incurred under any of the acts repealed, except that the proceeding therein shall, when necessary, conform to the provisions of this act; and when a limitation or period of time prescribed in any of the acts repealed, for acquiring a right or barring a remedy, or any other purpose, has begun to run, and the. same or similar limitation is prescribed in this act, the time of limitation shall continue to run, and shall have like effect as if the wholo period had begun and ended under the operation of this act. All persons who at the time when said repeal takes effect hold any office under any of the acts repealed, shall
continue to hold the same according to the tenure thereof, except thoso offices which have been abolished and those as to which a different provision has been lawfully made. The provisions of this act, so far as they are the same as those of the existing charter, shall be construed as a continuation thereof and not as new enactments, and references in laws not repealed to provisions of laws incorporated into this act shall be construed as applying to the same provisions so incorporated; and provided, also, that all the ordinances and by-laws of the city of Fall River which shall be in force at the time when the said repeal shall take effect, shall continue in force until the same are repealed by the city council, and all persons holding office under such ordinances and by-laws shall continue to hold such offices according to the tenure thereof. The legislature may at any time alter, amend or repeal this act.
Section 36. This act shall take effect on its passage, but be void unless accepted by the qualified voters of the city of Fall River present and voting by ballot "yes" or "no," at meetings warned for the purpose in the several wards by the board of aldermen, to be held on or before the seventh day of November next; and it shall be the duty of the board of aldermen, within thirty days of the passage of this act, to cause a sufficient number of copies hereof to be printed and distributed among the voters of said city, and to warn meetings in the several wards to be held on some day within sixty days after such passage, and to furnish at such meetings a sufficient number of ballots printed separately with the word "yes" and the word " no"; and at such meetings the same proceedings shall be had respecting the receiving, sorting, counting, declaring, recording and making returns of votes as is provided by law for elections in cities; and the board of aldermen within two days after such meetings shall examine the returns from the several wards ; and if the act appears not to have been accepted by a majority of the qualified voters present and voting in the several wards, the board of aldermen may if they see fit warn other meetings in the several wards for the same purpose, to be held on some day not sooner than sixty days after those previously held, and again meetings for a third time ; and whenever it shall appear that a majority of the qualified voters present and voting in the several wards at meetings thus duly warned, have voted to accept this act, the mayor
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shall immediately make proclamation of the fact and the city clerk shall transmit notice thereof to the secretary of the Commonwealth, and thereupon this act shall have full force and effect. Approved April 28, 1876.