Funds required to be reported annual appro and included in priation bill. R. O. p. 37. Application of funds when debt falls due. R. O. p. 37. Treasurer and the said board shall invest the amounts so received, with their accumulations, in such manner as is authorized by law; but the said board may, at any time when they deem that the appropriation above specified is more than will be required in order to provide for the payment of a debt at its maturity, make such reductions in the amount of the appropriation as may be consistent with the requirements of the statutes of the commonwealth. SECT. 4. The said board shall annually, on or before the tenth day of February, report to the city council and to the city auditor a detailed statement of the amounts required by statute and by the preceding section to be raised by taxation on account of the sinking-funds during the next financial year, and such amounts shall be included in the general appropriation bill for that year. SECT. 5. When a debt of the city becomes due the said board shall pay over and transfer to the city treasurer all funds which they may hold as a sinking-fund for said debt, or so much of such funds as may be required for the payment of such debt; and the balance of such funds, if any, shall be transferred by them to such other sinking-fund as they may deem advisable. SECT. 6. The city treasurer and the city auditor may serve as treasurer and secretary respectively of said board; and, if so chosen, shall receive a reasonable compensation for such service. NOTES. The statute provisions limiting municipal indebtedness and requiring the establishment of " sinking-funds" are to be found in St. 1875, c. 209; P. S. c. 29, St. 1882, c. 133; St. 1885, c. 178, § 2 ; St. 1885, c. 312, § 4. See also Agawam Nat. Bank v. South Hadley, 128 Mass. 503. P. S. c. 29, § 10, determines the number of commissioners of sinkingfunds and their term of office, and § 11 prescribes their duties; St. 1885, c. 266, § 1, determines the manner of their appointment and removal. They can receive no compensation for their services. P. S. c. 29, § 11. SECT. 6. The treasurer and secretary of the board are entitled to compensation, and it shall be fixed by the city council. P. S. c. 29, § 11. SECTION 1. All boards and officers in charge of a depart- Purchases regu. ment, except the city treasurer, shall be governed in their lated. purchases by the provisions of this chapter. mated to exceed $1,000 to be ad SECT. 2. In case the amount of the estimated expen- Contracts esti diture under a contract exceeds one thousand dollars, reasonable notice shall be given by advertisements therefor, vertised. published in one or more daily papers of the city not exceeding four, and elsewhere if necessary, and a copy of such advertisement shall be sent to the mayor's office for preservation. Every contract in which the amount involved $1,000 to be apexceeds one thousand dollars shall require the written ap- proved by proval of the mayor before going into effect; and no ex- appropriations penditure shall be made, nor liability incurred, for any ot purpose, beyond the appropriation duly made therefor. exceeding mayor. not to be exceed. ed. tions and sched SECT. 3. Whenever advertisements for proposals for any Plans, specifica work to be done for the city, or for any materials or supplies ules to be made to be furnished, are made, the board or officer in charge of and shown. the work to be done shall cause suitable plans and specifications, and schedules of materials or supplies, to be prepared and shown to parties proposing to bid. tion of con be received SECT. 4. Every contract exceeding one thousand Bonds for execu. dollars shall be accompanied by a suitable bond for the per- tracts. formance of the same, or by the deposit of money or security Proposals not to to the amount of such bond. No proposal shall be accepted from certain from or for any person who shall have broken a contract parties. with the city during the three years preceding. All written Contracts to be contracts shall be executed in triplicate, and one of said copies shall be deposited with the city auditor. in triplicate. SECT. 5. No proposal shall be received from any person Proposals, reoffering to contract for such work, unless the same is sealed. ceiving and Such proposals shall be at once placed in a sealed box in the opening of A warding of contract. department calling for the proposals, and the mayor shall hold the only key to such box. All proposals shall be publicly opened, read and recorded at the hour and place in City Hall designated in the advertisement, in the presence of the mayor or such person as he may designate. The contract shall be awarded to the lowest bidder complying with the terms; provided, however, if any such proposals shall be offered by persons who, in the judgment of the officer or board issuing the advertisement and of the mayor, shall be incompetent to perform their contracts in a workman-like manner, or irresponsible in respect to their means of faithfully executing the same, such proposal may be rejected, notwithstanding the same be at a lower rate than other proposals offered for the same work, and the next higher bidder shall be substituted. And provided, also, in all cases, that the officer or board may reject all bids, with bids to be open the consent of the mayor, and issue new advertisements. All bids shall be preserved by the officer or board issuing the advertisement on the records of his department, and shall be open to public inspection after the contract has been awarded and accepted by the bidder. to inspection. Contracts ex ceeding $1,000 alterations. SECT. 6. In all cases where the amount of any contract to be in writing, shall exceed the sum of one thousand dollars the contract shall be in writing; and after being signed by the parties, no such contract shall be altered in any particular, without the consent of the contractor, the officer or board making the contract, and of the mayor, indorsed thereon. And all payments for extra work shall be made at the time of the final payment on such contract. extra work. in case of alteration portion be in force. SECT. 7. Every contract shall provide that, in case of not affected to any alteration, so much of such contract as is not necessarily affected by the change shall remain in force upon all parties thereto. It shall also provide that no payment for work done under such alterations shall be made until the completion of the whole contract, and also that the adjustfinal payments. ment and payment of the bill then rendered for such work shall release and discharge the city from any and all claims or liability on account of any work performed under such contract or any alteration thereof. not to extend beyond one year, unless, etc. involving em. ployment of laborers, etc., to SECT. 8. No officer or board shall make any contract in behalf of the city the execution of which shall necessarily extend beyond one year from the date thereof, unless special permission so to do has been given by vote of the city council or of the branch having authority therein, or by the statutes of the commonwealth. SECT. 9. In every contract entered into on behalf of the city, and involving the employment of mechanics or laborers contain certain by the contractor, a provision shall be inserted to the effect that the board, or other authority making such contract, may, if it deems it expedient to do so, retain out of any amounts provisions. R. O. p. 38. due to such contractor sums sufficient to cover any unpaid claims of mechanics or laborers for work or labor performed under such contract, provided that notice in writing of such claims, signed by the claimants, has been previously filed in the office of the city clerk. assiguments of SECT. 10. Officers at the head of departments of the city Prevention of government shall use such measures as they may deem ex- wages. pedient to prevent the assignment of wages by persons R. O. p. 38. employed in such departments. NOTES. St. 1885, c. 266, §§ 6, 12, vests the power to make contracts in the several executive officers and boards without participation therein by the city council, but does not interfere with the latter's power to regulate by ordinance the manner of awarding, executing, altering and preserving records of the same. The statute (§ 6) requires the mayor's written approval for all contracts involving more than two thousand dollars, but does not interfere with or restrict the power of the city council by ordinance to require the mayor's approval for those involving a less sum. The provisions of this chapter are, in the main, based upon those of the joint rules of the city council which formerly governed the committees in awarding contracts. SECTION 1. Special provision is made in c. 15, § 5, for the only contracts that are made in the treasurer's department, the awarding of public loans. Appointment and term of office. R. O. p. 39. General duties. To be engineer of the Boston water board. R. O. p. 39. To examine bridges an nually, etc. R. O. p. 39. SECTION 1. There shall be annually appointed by the mayor, subject to confirmation by the board of aldermen, a city engineer, who shall be a citizen of Boston. SECT. 2. Said engineer shall perform all such services for the city as properly come under the direction of a civil engineer, and shall be consulted on all important matters relating to public improvements of every kind, where the advice of an engineer would be of service. He shall take charge of the construction of all such public works of the city as the city council may direct, and shall prepare, or cause to be prepared, all plans, specifications, and contracts therefor. He shall also, when required by any officer or board in charge of a department, or by the mayor, the city council, or either branch thereof, measure or cause to be measured all work done by contract for the city, and shall certify the results of such measurements, and he shall be the custodian of all city plans belonging to his department. SECT. 3. He shall be the engineer of the Boston water board, and shall, under the direction of said board, have the general superintendence of all works in the water-department; shall take such charge as the said board may direct of the sources for the supply of water, and of the several reservoirs and other structures and property connected with the water-works; and shall perform all other services in relation to said works that may be required of him by the said board or by the city council. He shall also cause accurate observations of the height of the water at the several sources, at the pipe-chambers, and at the several reservoirs, to be made daily, or oftener, at his discretion. SECT. 4. He shall annually, or oftener if he deem it judicious, make a careful examination of all bridges within the city limits, and shall make such reports respecting their condition, as to safety or need of renewal or repairs, as the exigency of the case may require, to the mayor and to the board, officer, corporation, or person whose duty it is to attend to the matter. |