CHAP. 373 -proceedings when no person has been elected as mayor. cause the person who shall have been elected mayor, by a majority of votes given in all wards, to be notified in writing of his election; but if it shall appear that no person shall have been elected, or if the person elected shall refuse to accept the office, the said board shall issue their warrants for another election and in case the citizens should fail on the second ballot to elect a mayor, the said board shall again issue their warrants for a third election, to be held not less than three nor more than four days thereafter, at which election the candidate having the greatest number of votes shall be declared elected, and notified as aforesaid; if no one shall then have such number, further elections shall in the same manner be ordered, till a choice shall be made, by some one having the highest number of votes; and in case of a vacancy in the office of mayor by death, resignation or otherwise, it shall be filled for the remainder of the term by a new election, in the manner hereinbefore provided for the choice of said officer; and in the meantime the president, pro tempore, of the board of aldermen shall perform the duties of mayor. The oath prescribed by this act shall be administered to the mayor by the city clerk, or any justice of the peace in said mayor. city. The aldermen and common councilmen elect, shall, on the third Monday of March, at ten of the clock in the forenoon, meet in convention, when the oath required by this act shall be administered to the members of the two boards present, by the mayor or any justice of the peace, and thereupon the two boards president and shall separate, and the board of common council shall be organized by the election of a president and clerk.' -vacancy in office of mayor, how -oath of --oath of aldermen of adem common councilmen. -election of of clerk. City clerk. -duties of. 'Section 34. The city clerk shall be the clerk of the board of aldermen and municipal officers; he shall perform such duties as shall be prescribed by the board of aldermen, or common council; and shall perform all duties and exercise all the powers by law incumbent upon, or vested in, the town clerk of the town of Augusta; he shall give notice in one or two of the papers printed in said city, of the time and place of regular ward meetings; but the place of regular ward meetings, and also the day and hour, when not fixed by law, shall be determined by the board of aldermen. The board of aldermen may choose a president pro tempore, who, in the absence of the president mayor, shall preside at joint meetings of the two boards. Each board shall keep a record of its proceedings, and judge of the election of its own members; and in case of failure of elec tion, or vacancy by death, resignation or otherwise, may order new elections. A quorum for the transaction of business shall, quorum. in each board, consist of a majority of the members thereof; all meetings of the aldermen and common council, and all meetings pro tempore. each board shall keep record of proceedings. CHAP. 373 City council may lay out sidewalks outside public ways. General meetings of citizens for certain purposes. -meetings how warned. Acceptance of certain of the two boards in convention, shall be open and public, and the presiding officer of each of them shall have the power of moderators of town meetings. At either of said meetings, when any two members shall request it, the vote shall be taken by yeas and nays, which shall be recorded by the clerk.' 'Section 35. The city council may lay out and establish sidewalks without the limits, and by the sides of any of the public highways, of such width as they shall judge the public convenience to require, which shall be used exclusively for sidewalks, and any damages arising from said laying out shall be appraised for the easement of a sidewalk, in manner provided by this charter for appraising damages on roads laid out in said city; and the laying out and establishing said sidewalks may be conditional in relation to any portion thereof which may be covered with buildings, that when said buildings are removed therefrom the same shall be used as a sidewalk and the damages appraised shall not be payable until said buildings are removed; provided, however, that said city may at any time remove said buildings, and the damages caused thereby shall be appraised in the manner provided for appraising damages caused by the laying out and widening roads in said city.' 'Section 36. General meetings of the citizens qualified to vote in city affairs, may, from time to time, be held to consult. upon the public good; to instruct their representatives, and to take all lawful measures to obtain redress of any grievances according to the right secured to the people by the constitution of this state; and such meetings may, and shall be duly warned by the mayor and aldermen upon the requisition of thirty qualified voters of said city.' Section 2. Sections eleven and twelve of the revised charter sections to be embodied in section one of this act shall take effect only when by voters of city. -date of election for above purposes. -form of question to be voted on. accepted, as hereinafter provided, by the electors of said city qualified to vote in a municipal election. Said sections shall be submitted to be voted upon by the qualified electors of said city at the election to be especially called and held on Monday, the nineteenth day of June, in the year of our Lord, nineteen hundred and five, for the purpose of voting upon the questions specified in section five of the act of nineteen hundred and five entitled "An Act to abolish the common council of the city of Augusta, and otherwise to amend the charter of said city." In addition to the questions specified in said section five of said last mentioned act, the following question, to be numbered question five, shall be placed upon the same ballot as the four questions therein specified, and voted upon in like manner as provided in that act: "Shall the city have authority to provide for street. sprinkling, the property benefited to pay there for?" The city clerk of said city of Augusta shall prepare the ballots to be used in the form therein provided, and shall likewise post printed copies of said sections eleven and twelve in the manner therein provided. If said sections so submitted shall have more affirmative than negative votes at said election, they shall be deemed to have been accepted. If accepted, said sections shall take effect on June twenty, nineteen hundred and five. CHAP. 374 acts modified. Section 3. All existing acts, public and private, except said Inconsistent act entitled "An Act to abolish the common council of the city of Augusta and otherwise to amend the charter of said city," and all ordinances of the city of Augusta inconsistent herewith, are hereby modified so as to conform to the provisions of this act; but this section shall take effect as to said sections eleven and twelve only in case said sections shall be accepted in manner aforesaid, and when said sections take effect. Section 4. The sections of said revised charter, and all numerical references therein, shall be appropriately re-numbered, if and so far as rendered necessary by the result of said election. Section 5. Except as specified in sections two and three, this act shall take effect when approved. Approved March 23, 1905. Sections of revised charter shall be Chapter 374. An Act to reimburse the town of Chelsea. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Town of Chelsea, for relief furnished certain Section I. The town of Chelsea in the county of Kennebec and state of Maine shall be reimbursed by the state for relief necessarily furnished by it for support of soldiers, who, having been inmates of the National Home at Togus, have left said soldiers. home for violation of its rules or for other causes and have taken up their abode and acquired a settlement in the town of Chelsea; and also for relief necessarily furnished for the support of the families of such soldiers to such an amount as the governor and council adjudge to have been necessarily expended therefor. Section 2. This act shall take effect when approved. Approved March 24, 1905. 44 CHAP. 375 Castine, town of, authorized to operate system of water works. Authorized to of eminent --to take sources --may lay pipes, etc., to locate dams. --to lay pipes through public or private lands Damages, liability for. Chapter 375. An Act to authorize the town of Castine to construct for itself and for persons and corporations a system of water works within said town. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. The town of Castine, in the county of Hancock, is hereby authorized and empowered to construct, maintain and operate a system of water works of sufficient capacity to supply to said town, to its inhabitants, to corporations located in said town, to public buildings now erected or which may be hereafter erected in said town, and to owners or masters of shipping making application therefor, pure water for municipal, domestic and other lawful purposes, including the extinguishment of fires, with all the rights and privileges and subject to all the liabilities and obligations conferred and incumbent upon water companies by the general laws of the state. Section 2. Said town is hereby authorized and empowered to acquire by purchase, or by exercise of the right of eminent domain, which right is hereby expressly delegated to said town for said purpose, any real or personal estate necessary and convenient for the purposes aforesaid. Section 3. For the purposes aforesaid said town is hereby authorized to take and use water from any spring, pond or lake in said town of Castine, to conduct and distribute the same into and through the said town, to survey for, locate, lay, erect and maintain suitable dams, reservoirs, machinery, pipes, aqueducts and fixtures; to carry its pipes or aqueducts under or over any water course, bridge, street, highway or other way; and said. town is further authorized to enter upon and excavate any highway or other way in such manner as least to obstruct the same, to enter, pass over and excavate any land and to take and to acquire by purchase or by the exercise of the right of eminent domain, any rights of way or of water, and in general to do any acts necessary, convenient or proper for carrying out any of the purposes hereinbefore specified. And said town is further authorized, for the purpose of making all needed repairs, o1 service connections, to lay its pipes through any public or private lands or ways, with the rights to enter upon the same and dig therein, and said town may establish written regulations for the use of said water. Section 4. Said town shall be held liable to pay all damages that shall be sustained by any persons, by the taking of any land, water, rights of way or other property, or by excavating through any land for the purposes of surveying, locating, laying or building dams, reservoirs, pipes and aqueducts, and for any other injuries resulting from said acts; and if any person sustaining damages aforesaid shall not agree with said town upon the sum to be paid therefor, either party on petition to the county commissioners of Hancock county, within twelve months from the time any damage or injury has been committed by said town, may have said damage or injury assessed by them, and subsequent proceedings and right of appeal thereon, shall be had in the same manner and under the same conditions, restrictions and limitations as are by law prescribed in the case of damages by the laying out of highways. Failure to apply for damages within said twelve months shall be held to be a waiver of the same. CHAP. 375 in streets. Section 5. Said town is hereby authorized to lay down and May lay pipes maintain in and through the streets and ways of said town, all such pipes, aqueducts and fixtures as may be necessary for the purposes hereinbefore specified. May contract for supplying water. Shall not certain lands Section 6. Said town is hereby authorized to contract with the United States, the state of Maine, and all persons and corporations to supply the same with water for all purposes upon such terms and conditions as may be mutually agreed upon. Section 7. The said town shall not take, nor in any manner encroach upon the land known as Fort George in said Castine, encroach of nor the land immediately surrounding it, bounded southwesterly by land occupied by Charles F. Bates, and on the other three sides by town ways, nor upon the observatory lot near the highest point of the peninsula of Castine, bounded northeasterly by the private way which enters High street between land of Mary G. McClintock and the late W. C. Collins, southwesterly by the land formerly known as the Back Point pasture, northwesterly by the private way leading from first named way to the private way adjoining said Back Point pasture, and southeasterly by the land formerly known as Perkins' front pasture and by land occupied by Castine Water Company. Section 8. Said town is hereby authorized to purchase, and the Castine Water Company is hereby authorized to convey, any or all of the stock or bonds of the Castine Water Company and any or all of the rights, property, franchises and privileges of said Castine Water Company. Said town is also hereby authorized to purchase, and the Castine Aqueduct Company is hereby authorized to convey, any or all of the property, franchises and privileges of said Castine Aqueduct Company. Section 9. Said town is hereby authorized and empowered to raise any sums of money, necessary for the carrying of the purposes of this act into effect, by taxation or by loan, issuing May purchase rights, franchises, Castine Water etc., of Company. May raise purposes money for of this act. |