[This chapter contains the text of certain Special Acts relating
to the Town of Wakefield.]
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CHAPTER 48
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AN ACT AUTHORIZING THE TOWN OF WAKEFIELDTO
ESTABLISH A DEPARTMENT OF PUBLIC WORKS AND A
BOARD OF PUBLIC WORKS EXERCISING THE POWERS
OF CERTAIN OTHER BOARDS, DEPARTMENT AND TOWN OFFICERS
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Be it enacted, etc., as follows:
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Section 1. There shall be established in the town of Wakefield a department
of public works which shall be under the jurisdiction of an unpaid board of
public works, hereinafter called the board, to consist of three members. The
initial members thereof shall be elected as provided in section four, one
to serve for one year, one for two years, and one for three years from the
date of the next annual town meeting following the date of their initial election,
and thereafter when the term of any member expires his successor shall be
elected to serve for three years. In all cases the members shall serve until
their successors are elected and qualified. The members of the Board shall,
after each election, elect one of their number to act as chairman until the
next election. If a vacancy occurs in the board, the remaining members, together
with the board of selectmen, shall fill such vacancy until the next annual
town meeting, when a new member shall be elected to fill the unexpired term.
No person shall serve on the Board who holds another elective or appointive
office in the town.
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Section 2. The board shall have all the rights, powers and liabilities
vested in the selectmen in respect to the laying out, construction, maintenance
and repair of streets, ways, bridges, sidewalks, monuments at the termini
and angles of roads and guideposts, and in laying out, construction, maintenance
and repair of drains, and the granting of pole locations, including the authority
vested in them as a board of survey under the provisions of chapter forty-one
of the General laws, and the rights, powers and liabilities of the selectmen
as they pertain to the moth and tree department, including the appointment
of a tree warden and the collecting and disposal of rubbish. The board shall
also have all the rights, powers and liabilities vested in the water and sewerage
board, including all the rights and privileges, powers and obligations conferred
upon the water and sewerage board by chapter three hundred and seventy-seven
of the acts of nineteen hundred and chapter four hundred and eighty-eight
of the acts of nineteen hundred and two, and any amendments thereto, and in
addition, all the rights, powers and liabilities now vested in the park and
cemetery board. The board shall also have the rights, powers and liabilities
with respect to the collection and disposal of garbage and the physical care
of dumps, all of which is now vested in the board of health, and also the
care of public buildings, excepting school buildings, library, the town infirmary
and those of the municipal light department. Upon the date when this act becomes
fully effective, as provided in section four, the board shall succeed to the
rights, privileges, duties and liabilities as herein set forth, and thereupon
the water and sewerage board and the park and cemetery board in said town
of Wakefield shall cease to exist, and the board of selectmen of said town
shall cease to have any authority relative to streets and drains, the moth
and tree department and the collection and disposal of rubbish, nor shall
the board of health, except as provided by law, have any authority relative
to the collection of garbage and the physical care of dumps. No contracts
or liabilities in force on the date when this act becomes fully effective
shall be affected, but the board shall in all respects be the lawful successor
relative to such contracts or liabilities of such boards or officers whose
duties and responsibilities shall have been assumed by the board, and it shall
be the duty of such various boards or officers to turn over to the board all
contracts, papers, documents, plans and other property then in their custody
relative to the operation of the board.
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Section 3. The board shall appoint a director of public works, responsible
to the board, who shall have full authority for carrying out the policies
of the board and over the operations of the department. The director shall
be appointed for a term of three years, subject to removal by the board for
cause, and his compensation shall be fixed by the board. He shall be specially
fitted by education, training and experience to perform the duties of said
office, and may or may not be a resident of the town. During his tenure he
shall hold no other elective or appointive office nor shall he be engaged
in any other business or occupation. He shall give bond to the town for the
faithful performance of his duties in such sum, upon such conditions and with
such sureties as the board may require and approve. The expenses of procuring
such bond shall be paid by the town. The director shall appoint such staff
of assistants and employees as he deems necessary, and shall have the authority
to remove them; such staff shall include a supervisor for each division of
activities. He shall also establish a division of engineering, the supervisor
of which shall be known as the town engineer, and through which division the
director may, as the board directs, undertake such engineering services as
the town may need in departments other than those under the jurisdiction of
the board. He shall keep full and complete records of the doings of his office,
and shall render to the board reports as often and of such nature as it may
require. All work involving the opening of the streets by any town department,
including the municipal light department, shall be approved by the director
of public works or by some one designated by him, before such opening is undertaken,
except in the case of emergency. The municipal light department shall also
confer with and inform the director of any contemplated future work under
consideration which will involve the opening of streets or ways.
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Section 4. This act shall be submitted for acceptance to the legal voters
of said town at the annual town election in the year nineteen hundred and
fifty, in the form of the following question, which shall be placed on the
official ballot to be used for the election of town officers at said election:-
"Shall an Act passed by the General Court in the year nineteen hundred and
fifty, entitled 'An Act authorizing the Town of Wakefield to establish
a Department of Public Works and a Board of Public Works exercising the powers
of certain other boards, departments and town officers' be accepted?"
If a majority of votes cast in answer to such question is in the affirmative,
this act shall become fully effective on the first day of July, nineteen hundred
and fifty, except that the initial election of the board and their appointment
of a director or public works shall take place as provided by this section.
If, at the annual town election hold in the year nineteen hundred and fifty,
a majority of votes cast in answer to such question is not in the affirmative,
then, upon the receipt of a petition duly signed by not less than one hundred
registered voters of the town requesting its submission to the voters in a
subsequent year, but not later than nineteen hundred and fifty-two, the board
of selectmen shall thereupon cause to be placed on the official ballot at
the next annual town election following the timely receipt of said petition,
the question pertaining to the acceptance of this act as provided in this
section, and if a majority of the votes cast in answer to such question is
in the affirmative, this act shall become effective on the first day of July
following. If this act is not accepted as provided in this section, it shall
thereupon become null and void. If a majority of votes cast in answer to the
above question is in the affirmative, then the board of selectmen shall call
a special town meeting on the fifth Monday after the date of the acceptance
vote, at which meeting the initial election of a board of public works shall
take place by secret ballot in the same manner in every respect as town officers
are elected at annual town elections. Nominations of candidates for such election
shall be nominated in writing and placed on the official ballot in the same
manner in every respect as candidates for town offices at the annual town
elections. The Board so elected shall thereupon appoint a director of public
works who, together with the board, shall assume their full duties and responsibilities
on the date on which this act becomes fully effective. During the interim
between the date of their election and the date of the full effectiveness
of the act, the board and the director, after his appointment, shall have
the full co-operation and assistance of the various town boards and officers
whose duties they will assume in becoming familiar with the operations of
the various departments involved.
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Approved February 3, 1950
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Chapter 508
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THE COMMONWEALTH OF MASSACHUSETTS
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In the Year One Thousand Nine Hundred and Eighty-seven
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AN ACT AUTHORIZING THE TOWN OF WAKEFIELD TO
APPROPRIATE MONEY FOR THE REMOVAL OF SNOW AND
ICE ON CERTAIN PRIVATE WAYS
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Be it enacted by the Senate and House of Representatives in General
Court assembled, and by the authority of the same, as follows:
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Notwithstanding the provisions of sections six C and six D of chapter
forty of the General Laws, the town of Wakefield is hereby authorized to appropriate
money for the removal of snow and ice on private ways as may be designated
by the board of public works of said town, notwithstanding the fact that such
ways are not open to the public use.
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House of Representatives, November 16, 1987
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Senate, November 16, 1987
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Approved by the Governor November 23, 1987
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Chapter 52
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THE COMMONWEALTH OF MASSACHUSETTS
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In the Year One Thousand Nine Hundred and Ninety-two
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AN ACT RELATIVE TO THE BOARD OF PUBLIC WORKS
IN THE TOWN OF WAKEFIELD
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Be it enacted by the Senate and House of Representatives in General
Court assembled, and by the authority of the same, as follows:
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Section 1 of chapter 48 of the acts of 1950 is hereby amended by striking
out the last sentence and inserting in place thereof the following sentence:
No person shall serve on the board who holds another elective office in said
town.
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House of Representatives, May 21, 1992
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Senate, May 26, 1992
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Approved by the Governor June 1, 1992
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