The inhabitants of the City of Beverly, within the territorial
limits established by law, shall continue to be a municipal corporation,
a body corporate and politic, under the name "City of Beverly."
This instrument shall be known, and may be cited, as the "Beverly
Home Rule Charter."
The administration of the fiscal, prudential and municipal affairs
of Beverly, with the government thereof, shall be vested in an executive/administrative
branch headed by a Mayor, and a legislative branch to consist of a
City Council. The legislative branch shall never exercise any executive/administrative
power and the executive/administrative branch shall never exercise
any legislative power.
Subject only to express limitations on the exercise of any power
or function by a municipal government in the Constitution or general
laws of the commonwealth, it is the intention and the purpose of the
voters of Beverly through the adoption of this Charter to secure for
themselves and their government all of the powers it is possible to
secure as fully and as completely as though each such power were specifically
and individually enumerated herein.
The powers of the City of Beverly under this Charter are to be construed liberally in favor of the City, and the specific mention of any particular power is not intended to limit the general powers of the City as stated in Section
1-4.
Subject only to express limitations in the Constitution or general
laws of the Commonwealth, Beverly may exercise any of its powers or
perform any of its functions, and may participate in the financing
thereof, jointly or in cooperation, by contract or otherwise, with
the commonwealth or any agency or political subdivision thereof, or
with the United States government or any agency thereof.
Unless another meaning is clearly apparent from the manner in
which the word or phrase is used, the following words and phrases
as used in this Charter shall have the following meanings:
(a) Charter - The word "Charter" shall mean this Charter and any amendment
to it hereafter adopted.
(b) City - The word "City" shall mean the City of Beverly.
(c) City bulletin board - The words "City bulletin board" shall mean
the bulletin board in the City Hall on which the City Clerk posts
official notices of meetings and upon which other official City notices
are posted, and the bulletin boards at any other locations as may
be designated City bulletin boards by the City Council.
(d) City agency - The words "City agency" shall mean any multiple-member
body, any department, division, or office of the City of Beverly.
(e) City officer - The words "City officer," when used without further
qualification or description, shall mean a person having charge of
an office or department of the City who in the exercise of the powers
or duties of such position exercises some portion of the sovereign
power of the City.
(f) Emergency - The word "emergency" shall mean a sudden, unexpected,
unforeseen happening, occurrence or condition which necessitates immediate
action or response.
(g) Full Council, full multiple-member body - The words "full Council"
or "full multiple-member body" shall mean the entire authorized complement
of the City Council, School Committee or other multiple-member body,
notwithstanding any vacancy, which might exist.
(h) general laws - The words "general laws" (all lowercase letters) shall
mean laws enacted by the State Legislature which apply alike to all
cities and towns, to all cities, or to a class of two or more cities
and/or cities and towns of which Beverly is a member.
(i) General Laws - The words "General Laws" (initial letter of each word
in uppercase letters) shall mean the General Laws of the Commonwealth
of Massachusetts, a codification and revision of statutes enacted
on December 22, 1920, and including all amendments thereto subsequently
adopted.
(j) Initiative measure - The words "initiative measure" shall mean a
measure proposed by the voters through the initiative process provided
under this Charter.
(k) Local newspaper - The words "local newspaper" shall mean a newspaper
of general circulation within Beverly, with either a weekly or daily
circulation.
(l) Majority vote - The words "majority vote," when used in connection
with a meeting of a multiple-member body, shall mean a majority of
those present and voting, unless another provision is made by ordinance,
by law, or by its own rules.
(m) Measure - The word "measure" shall mean any ordinance, order, resolution,
or other vote or proceeding adopted, or which might be adopted by
the City Council or the School Committee.
(n) Multiple-member body - The words "multiple-member body" shall mean
any board, commission, committee, subcommittee or other body consisting
of two or more persons, whether elected, appointed or otherwise constituted,
but not including the City Council or the School Committee.
(o) Referendum measure - The words "referendum measure" shall mean a
measure adopted by the City Council or the School Committee which
is protested under the referendum procedures of this Charter.
(p) Voters - The word "voters" shall mean registered voters of the City
of Beverly.