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OSBORN PLANTATION-CUMBERLAND CO. POWER AND LIGHT CO.

CHAP. 102

for each person, one dollar for each team and driver and one dollar and a half for each automobile and driver.

Sec. 2. Keeper subject to provisions R. S., c. 27, sec. 3. Every keeper of this ferry is subject to the requirements of section three of chapter twenty-seven of the revised statutes.

Approved April 4, 1923.

Chapter 102.

An Act to Change the Name of Number Twenty-one Plantation, in Hancock County to Osborn Plantation.

Be it enacted by the People of the State of Maine, as follows:

The name of number

Name of Plant. No. 21, changed to Osborn. twenty-one plantation, in the county of Hancock, is hereby changed to Osborn Plantation.

Approved April 4, 1923.

Chapter 103.

An Act to Repeal Section Three of Chapter Two Hundred and Fifty-six of the Private and Special Laws of Nineteen Hundred and Seven, as Amended by Chapter Two Hundred and Twenty-six of the Private and Special Laws of Nineteen Hundred and Thirteen, Relating to Cumberland County Power and Light Company.

Be it enacted by the People of the State of Maine, as follows:

P. & S. L., 1907, c. 256, sec. 3; relating to capital stock, amended. Section three of chapter two hundred and fifty-six of the private and special laws of nineteen hundred and seven, as amended by chapter two hundred and twenty-six of the private and special laws of nineteen hundred and thirteen, is hereby repealed and the following is hereby substituted therefor:

'Sec. 3. Capital stock increased to $10,000,000, divided into 100,000 shares, non par value; provision for exchange of stock. The capital stock of said corporation shall be not less than two hundred and fifty thousand dollars nor more than ten million dollars of preferred stock divided into shares of one hundred dollars each and not exceeding one hundred thousand shares of non par value common stock as the stockholders shall from time to time determine. The holders of the outstanding common stock of the corporation shall have the option subject to the approval of the public utilities commission of Maine, to exchange their present stock share for share for such non par value common stock. Until all of said outstanding common stock is so exchanged any unexchanged shares shall continue as common stock with all their present rights and in addition to

CHAP. 104

the one hundred thousand shares of non par value common stock hereinbefore mentioned.'

Approved April 4, 1923.

Chapter 104.

An Act to Grant a New Charter to the City of Portland.

Be it enacted by the People of the State of Maine, as follows:

Sec. 1. Corporate existence retained. The inhabitants of Portland shall continue to be a body politic and corporate by the name of the city of Portland, and as such, shall have, exercise and enjoy all the rights, immunities, powers, privileges and franchises, and shall be subject to all the duties and obligations now appertaining to or incumbent upon said city, or the inhabitants or municipal authorities thereof; and may ordain reasonable by-laws and regulations for municipal purposes, and impose penalties for the breach thereof, not exceeding one hundred dollars, to be recovered for such uses as the municipal authorities may appoint.

Sec. 2. Administration of affairs vested in mayor and city council; powers and duties. The administration of all the fiscal, prudential, and municipal affairs of said city, with the government thereof, except as otherwise in this charter specifically provided, shall be vested in one principal magistrate to be styled the mayor, and in one body consisting of one councilor from each ward, and five councilors at large, which body shall constitute and be called the city council, all of whom shall be and remain during their term of office, inhabitants of said city, and shall be chosen in the manner hereinafter provided, and shall be sworn or affirmed in the form prescribed by the constitution of the state for state officers. The mayor and members of the city council shall be and constitute the municipal officers of the city of Portland for all purposes required by statute, and (except as otherwise specifically provided) shall have all powers and authority given to, and perform all duties required of municipal officers and aldermen of cities under the laws of this state.

The city council is hereby constituted the overseers of the poor of the city of Portland and shall perform all duties required of overseers of the poor for cities, by statute or otherwise. As such overseers of the poor, they may authorize the superintendent of poor department, or a clerk or agent to act for them as they may direct, to sign in their name and send written notices and the written answers referred to or required in sections thirty-five and thirty-six of chapter twenty-nine of the revised statutes, and such written notices and written answers, so signed, shall have the same effect as if signed by one or more of said overseers and sent by a member or members of said overseers personally.

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The city council shall keep a record of its proceedings and judge of the election of its own members.

Sec. 3. The mayor; duties; compensation. The mayor of said city shall be the chief executive magistrate thereof. It shall be his duty to be vigilant and active in causing the laws of the state, and ordinances and regulations of the city to be executed and enforced, to exercise a general supervision over the conduct of all administrative and subordinate officers who shall be directly answerable to him for the conduct of their respective offices, and he shall cause violation or neglect of duty on their part to be punished. He shall from time to time communicate to the city council such information, and recommend such measures, as the interests of the city may require. He shall preside at all meetings of the city council, but shall have only a casting vote. He shall be compensated for his services by a salary to be fixed by the city council, payable at stated periods, and shall receive therefor no other compensation, which salary, however, shall not be increased or diminished during his term of office.

Sec. 4. Laws, ordinances, orders, etc., must be presented to mayor for approval; procedure if mayor does not approve. Every law, act, ordinance, resolve or order, excepting rules and orders of a parliamentary character, shall be presented to the mayor, and if he approve, he shall sign it; if not, he shall return it with his objections at the next stated session of the city council, provided said stated session is held at least one week after the aforesaid law, act, ordinance, resolve or order is presented to the mayor for his approval. The city council shall enter the objections at large on its journal and proceed to reconsider the same. If upon such reconsideration it shall be passed by a vote of two-thirds of all the members of the city council it shall have the same effect as if signed by the mayor. The mayor shall have the right to approve as a whole any resolve or order involving the appropriation and expenditure of money, or to approve or disapprove specific items thereof, and the portions approved shall thereby be in force in like manner as if no part thereof had been disapproved, and the portion or portions disapproved shall thereupon take the same course as herein provided as though said resolve or order had been disapproved as a whole.

Sec. 5. Establishment of watch and ward vested in city council; other powers. All the powers of establishing a watch and ward now vested by the laws of the state in the justices of the peace and municipal officers or inhabitants of towns, are vested in the city council, so far as relates to said city; and they are authorized to unite the watch and police departments into one department and establish suitable regulations for the government of same. All other powers now or hereafter vested in the inhab

CHAP. 104

itants of said city, and all powers granted by this act, except as otherwise provided, as well as all powers relating to the fire department, shall be vested in said city council.

Sec. 6. Appointment of subordinate officers provided for; vacancies, how filled; compensation. The following administrative officers shall be appointed by the mayor, subject to confirmation by the city council, and shall hold office for the term of two years (unless otherwise provided in this charter), unless sooner removed by the mayor with the consent of the city council, to wit:

(a) City clerk

Treasurer and collector

Auditor

Purchasing agent

Corporation counsel

Commissioner of public works.

Chief of the fire department

Chief of the police department

City messenger

Superintendent of public and school buildings

Superintendent of the poor department

Health officer

Three assessors of taxes for the term of three years, one to be appointed annually

Sealer of weights and measures

Inspector of buildings

(b) The following officers shall be appointed in manner following:

Gas agent by the city council

City physician by the health officer

Deputy sealer of weights and measures, city weigher and gauger, and city weigher of hay, by the sealer of weights and measures

Superintendent of clocks and keeper of the public baths, by the superintendent of public and school buildings

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Assistant assessors, one from each ward, by the city assessors, with the approval of the mayor, for the term of one year, unless sooner removed by the city assessors with the approval of the mayor

Superintendent of parks and superintendent of recreation by park and recreation commission

Secretary to the commissioner of public works by the commissioner of public works

Janitors and engineers of public and school buildings by the superintendent of public and school buildings.

All of the foregoing officers shall be appointed for the term of one year, and except as herein otherwise provided may be removed during their term of office by the appointing authority, or by the mayor.

(c) Whenever any vacancy, by death, resignation or removal from office shall hereafter exist in the office of city electrician, deputy chief or district chief of the fire department, a successor in office shall be appointed by the mayor, subject to confirmation by the city council.

(d) Except as herein otherwise provided, and except in police and fire departments all other minor officers and employees shall be appointed by the administrative heads of their respective departments.

(e) The city council may by ordinance authorize appointment by the mayor, with the approval of the city council, of such other administrative officers as may be deemed advisable or are required by statute and define their duties, and may also provide by ordinance for the appointment and define the duties, of such assistants, deputies or other subordinate officers as it may deem necessary or as are required by statute.

(e) The compensation of all city officials and employees whatsoever, shall be fixed and determined by the city council.

(f) Vacancies in any of the offices mentioned in this section, however arising, shall be filled in the manner provided for the original appointment. Sec. 7. Disbursements of city funds; bonds required of officials; care and custody of city buildings and property. No money shall be paid out of the city treasury except on orders drawn and signed by the mayor, designating the fund or appropriation from which said orders are to be paid, nor unless the same shall be first granted or appropriated therefor, by the city council; and the city council shall secure a prompt and just accountability by requiring bonds with sufficient penalty and surety or sureties, from all persons entrusted with the receipt, custody or disburse

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