Legislative

powers.

Special

powers of council.

To enforce ordinances.

To control finances

erty.

ordinance within ten days after he shall have been duly notified so to do, in case the office be elective the council may declare such office vacant and in case it be appointive may declare such office vacant and the same shall be filled in the manner provided by law in cases of vacancies in office.

TITLE III.

POWERS AND DUTIES OF THE COUNCIL.

§ 19. As provided in the "optional city government law" all the legislative powers of the city shall be and hereby are vested in the council. Said powers may be exercised as provided by ordinance or rule adopted by it.

§ 20. In addition to the exercise by the council and city officers of the powers granted to the city by the general laws of the state the council shall have power and there is hereby imposed upon it the duty:

1. To enforce obedience to the ordinances passed by it by ordaining fines or penalties for every violation thereof, not exceeding a fine or penalty of one hundred dollars for any one offense. Within the limit above prescribed it may ordain a maximum and minimum fine or penalty for the violation of any ordinance. In any ordinance relating to a nuisance or to buildings within the fire limits, the council may provide that each day's continuance of the condition prohibited thereby, after notice, shall constitute a separate and distinct violation thereof, and that the fine or penalty therein prescribed may be imposed for each violation.

2. To control the finances and all the property real and personal and prop belonging to the city, except as otherwise provided by law not inconsistent herewith. It shall have power to determine the amount of expenditures each year to be made, except as herein otherwise provided.

To try officers.

officers to

3. To try any appointive or elective officer of the city, except the mayor, upon written charges preferred and served by its direction upon the officer charged, together with a notice of the time and place for the hearing and trial and it shall have the power to take evidence in relation to the charge and issue a subpoena under the hand of the mayor or councilman presiding at such trial with the same force and effect of a subpoena issued out of the supreme court. The council shall by resolution entered upon the minutes after due hearing either acquit or convict the party charged according to the evidence; but no conviction shall be had except upon the vote of a majority of all the members of the council. Upon conviction the party charged shall be either censured or removed from office as the council may by resolution determine. The votes of the council upon such resolution shall be by yeas and nays and entered upon the minutes.

Power of § 21. The mayor, the councilmen, city manager, city clerk, and certain each deputy of the city clerk, shall have the power to administer administer oaths and take affidavits and acknowledgments within the city, the oaths, etc. same as commissioners of deeds; they shall also have power to ad

minister any oath, or take any affidavit, in respect to any hearing, trial or matter pending before them, or any of them, and to issue subpoenas and compel the attendance of witnesses and the production of papers and documents. Any false testimony upon any False such hearing, or inquiry, is hereby declared to be perjury, and testimony may be punished as provided by law for that crime.

perjury.

may establish

lines.

§ 22. The council shall have power to establish and maintain Council what shall be known as building lines, thereby defining, prescribing t and regulating the distance or number of feet from the sidewalk building or walks located upon either side of any street, public place or square in the city of Watertown, which any person or persons, corporation or corporations owning property abutting upon any such public street, place or square shall be permitted to erect or build any house, block or building.

power to

§ 23. The council shall have power to enact all such ordinances General as may be necessary to carry into effect any general power or enact discharge any duty conferred or imposed by this act or by any provision of law.

ordinances

nances;

§ 24. 1. No ordinance shall be passed by the council on the ordisame day upon which it is introduced except by unanimous consent. passage. 2. The council shall have power to modify, rescind, amend or Modificarepeal any ordinance or ordinances enacted by it.

cation.

3. As soon as may be after its enactment, every ordinance shall Record. be recorded in a book kept for that purpose by the city clerk. Such record shall include the signature of the mayor, attested by the clerk, and such record or copy thereof, certified by the clerk, shall be presumptive evidence of the passage of the ordinance and of the facts certified. There shall be filed in the office of the clerk proof of the publication of such ordinances as are published in the official newspaper of the city.

tion.

4. The city clerk shall upon its enactment cause every ordinance Publicato be either published in the official newspaper of the city once or to be printed in suitable form for distribution, as may be directed by the city manager.

66

may regu

vestigate

§ 25. The council may, by ordinances, subject to the provisions Council of the optional city government law" and subject to the pro- late powers visions of this act and of the laws of the state, regulate the powers and inand duties of any city officer; and it shall have power to investi- officers. gate all city officers and boards and shall have access to all records and papers kept by any city officer or board; and shall have power to compel the attendance of witnesses and the production of books, papers and other evidence at any meeting of the council and for that purpose may issue subpoenas signed by the mayor.

to control

out.

§ 26. All of the funds of the city not expressly placed in the council control of any board shall be under the control of the council, and funds; no moneys shall be paid out of such funds by the city treasurer how paid except upon warrants drawn by the auditor upon the treasurer and approved by the city manager, stating in every instance the name of the person or corporation to whom it is payable, the amount thereof, what the payment is for, and from what fund it

Separate

is to be made. The moneys raised by taxes for the Roswell P. funds; con- Flower Memorial Library, the municipal civil service commission

trol, how

paid out.

City planning commission.

Holidays, entertain

ment, etc.

and the plumbing board shall be paid to the city treasurer and by him placed in separate funds to be known as "the Roswell P. Flower Memorial Library Fund," the "Civil Service Fund" and the "Plumbing Fund," respectively, and the moneys so set apart shall be used only for the purposes of said Roswell P. Flower Memorial Library, municipal civil service commission and plumbing board respectively. The Roswell P. Flower Memorial Library fund shall be under the control of the trustees of the Roswell P. Flower Memorial Library, the civil service fund shall be under the control of the municipal civil service commission, and the plumbing fund shall be under the control of the plumbing board, and no moneys shall be paid out by the city treasurer from any of these funds except upon a warrant or warrants drawn by the trustees of the Roswell P. Flower Memorial Library, the municipal civil service commission and the plumbing board in control of said funds respectively, which warrant or warrants shall in every instance state the name of the person or corporation to whom the warrant is payable, the amount thereof, what the payment is for, the fund upon which it is drawn, and be signed by the president and clerk of the trustees of the Roswell P. Flower Memorial Library, the municipal civil service commission and the plumbing board respectively.

§ 27. The council shall also have the power to provide for a city planning commission, with advisory powers in reference to public improvements, streets, parks and other matters of general welfare, and to provide for the expense thereof.

§ 28. The council may establish and proclaim holidays; appropriate funds for band concerts, public recreations, celebrations of holidays and other events, and for the entertainment and expense of municipal conventions and conferences held in the city, and of visiting delegations, officials, and persons whom it is desired to honor.

TITLE IV.

CITY OFFICERS; THEIR POWERS AND DUTIES.

§ 29. The mayor and councilmen. The mayor and councilmen shall have such powers and shall perform such duties as are conferred and imposed upon them respectively by the optional city government law and by the general laws of the state.

§ 30. City treasurer. The term "city treasurer" as used herein shall mean the person empowered by law or designated pursuant to ordinance to perform and discharge the usual duties of a city treasurer in cities of the third class. Such duties shall be prescribed by and performed pursuant to ordinance or resolution adopted by the council. They shall also be performed by direction. of the city manager.

The city treasurer shall be the fiscal officer of the city; he shall be the collector of all taxes, assessments and water rates; he shall perform the duties, possess the powers and be subject to the

liabilities and obligations prescribed by law for town collectors, subject to the provisions of this act; and all taxes, water rates and assessments within the limits of the city shall be received or collected by him; and he shall receive, keep and disburse all moneys belonging to the city and to every board thereof. It shall be his duty to collect all moneys due the city, including taxes, assessments and water rates, with due diligence and any neglect in so doing shall be cause for his removal from office. He shall pay no moneys from the treasury of the city excepting upon warrants signed as herein provided, specifying from what fund and for what purpose the amount named therein is payable; he shall file all such warrants and keep an accurate account of all receipts and payments in such manner as the council shall direct. The council shall at its first meeting in each year designate some incorporated bank or banks or trust company located in the city of Watertown for the deposit of all moneys belonging to such city and shall notify the treasurer of such designation; a bank once designated shall continue to be the place of deposit until another shall be designated. Every bank designated as a depository of city funds pursuant to this section shall execute a bond to the city with such securities and for such an amount as the council may determine. The city treasurer shall deposit to the credit of the city of Watertown once in each day all moneys in his hands, excepting one hundred dollars or less, in such bank or banks as the council shall have designated, as above provided. All interest allowed by such bank or banks upon any money so deposited shall belong to the city and be credited to the city by said bank or banks.

§ 31. City engineer. The term "city engineer" as used herein shall mean the person empowered by law or designated pursuant to ordinance to perform and discharge the usual duties of a city engineer in cities of the third class. Such duties shall be prescribed by and performed pursuant to ordinance or resolution adopted by the council. They shall also be performed by direction of the city manager.

§ 32. City auditor. The term "city auditor" as used herein shall mean the person empowered by law or designated pursuant to ordinance to perform and discharge the usual duties of a city auditor in cities of the third class. Such duties shall be prescribed by and performed pursuant to ordinance or resolution adopted by the council. They shall also be performed by direction of the city manager.

§ 33. City clerk. The council shall appoint a city clerk who shall have such powers and perform such duties as the council may from time to time prescribe. He shall be the custodian of all papers and records belonging to the city; he shall act as clerk of the council and of the city court and shall keep the minutes of the meetings of the council; he shall keep an accurate record of all moneys received by him as clerk and upon receipt thereof pay the same over to the city treasurer, take a receipt therefor and file the same in his office; he shall have power to appoint as many deputy clerks as the council may by resolution authorize;

and at such compensation as the council may provide; such deputy clerks shall perform such duties as the city clerk may direct and shall hold office during the pleasure of the city clerk. All papers and records kept and filed in the office of the city clerk shall, during office hours, be open to inspection by any citizen or taxpayer of the city.

§ 34. The corporation counsel. The term "corporation counsel" as used herein shall mean the person empowered by law or designated pursuant to ordinance to perform and discharge the usual duties of a city attorney or corporation counsel in cities of the third class. Such duties shall be prescribed by and performed pursuant to ordinance or resolution adopted by the council. They shall also be performed by direction of the city manager. The corporation counsel shall be the official legal adviser of the mayor, the council and any board and officer of the city; he shall prosecute and defend all actions or proceedings brought by or against the city or by or against any of its officers as such; he shall represent the city in all proceedings and prosecutions in the city court for the violation of any ordinance of the city, and shall be the legal adviser of the police in all matters pertaining to the police department; he shall, upon being authorized so to do by the council, have power to appoint an assistant corporation counsel who shall receive such compensation as the council shall provide and who shall perform such duties as the corporation counsel may direct; he shall pay over all moneys received by him for the city without delay to the city treasurer.

§ 35. City assessors. The term "assessors" as used herein shall mean the person or persons empowered by law or appointed or designated pursuant to ordinance to perform and discharge the usual duties and functions of assessors in place of the council and referred to herein either as assessors or assessor. Except as herein otherwise provided, the city assessors shall have as to the city all the powers, and perform all the duties, conferred and imposed upon town assessors by provision of law of the state relating to taxes and assessments.

§ 36. The city judge. The city judge shall have all the powers and perform all the duties conferred and imposed by the provisions of this act.

37. The constables. The constables of the city shall perform such duties as are by law prescribed for constables in the towns and counties of the state and shall be entitled to the same fees therefor; the said constables shall not as such be compelled to serve within the city of Watertown any summons, warrant or other process issued by the city court for the execution of the laws of the state for the prevention of crime and punishment of criminal offenses or of the police laws or regulations of the state or of the said city or of any proceeding collateral to or connected with the execution of such general laws or police laws or regulations, nor shall the county of Jefferson or any of the towns therein or the city of Watertown be liable to pay any such constables any fees for services under such summons, warrant or process.