[HISTORY: Adopted by the Annual Town Meeting
of the Town of Yarmouth 4-7-1981 by Art. 16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was derived from
Sections 3.10, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.08, 4.09, 4.10,
4.11, 4.12, 4.14 and 4.15 of the Town of Yarmouth Bylaws. Section
3.10 was originally adopted 4-10-1980 as Art. 23. Sections 4.01 through
4.04, 4.06 and 4.08 through 4.10 were originally adopted in 1915.
Section 4.05 was originally adopted 2-9-1914 and amended 2-8-1949
and 2-14-1950. Section 4.11 was originally adopted in 1916. Section
4.12 was originally adopted in 1919. Section 4.14 was originally adopted
3-13-1962. Section 4.15 was originally adopted 9-21-1970.
The Selectmen shall prepare and print in the
Annual Town Report a table of estimates of all regular appropriations
proposed to be made at the Annual Meeting. In order that they may
make such a table, each board or committee trusted with the expenditure
of moneys shall make out an estimate for each respective regular appropriation
needed and cause the same to be handed to the Selectmen in writing,
in season for the publication, with the reasons therefor.
The Selectmen shall, as often as once in three
months, cause an exhibit to be prepared of the sum and object of each
appropriation made by the Town, the amount of the warrants drawn against
the same and the balance unexpended. Said exhibit shall be recorded
in a book kept for the purpose, subject to the inspection of the citizens.
The Selectmen shall have full authority as agents
of the Town to employ counsel to institute and prosecute suits in
the name of the Town, except suits on bonds, notes or other securities
given to the Town Treasurer, and to appear and defend suits brought
against it and to appear in proceedings before any tribunal, unless
it is otherwise specially ordered by a vote of the Town.
[Amended 4-8-1997 by Art. 15, approved 7-1-1997]
All deeds, conveyances, leases, discharges of
mortgages, bonds, agreements, contracts or other instruments which
shall be given by the Town shall, unless other provision is made by
law, by vote taken at a Town Meeting, or by vote of the Board of Selectmen,
be executed by not less than a majority of the full Board of Selectmen
on behalf of the Town and shall be sealed with the Common Seal of
the Town. By majority vote, the full Board of Selectmen may authorize
the Town Administrator to execute any such instrument on behalf of
the Town.
The Selectmen shall have the care, custody and
supervision of all Town lands, buildings, commons, squares and enclosures
belonging to the Town, with the exception of Yarmouth Port Pier, the
Town Common in Yarmouth Port, the Colonial Acres Bridge, Colonial
Acres Beach, the Bay View Street Common Landing, the Dennis Pond Bathing
Beach, the Packet Landing at Bass River, the three garden plots and
three portions of land at the entrance to Colonial Acres, which shall
be under the supervision, care, custody and control of the Park Commissioners,
except such as by statutes of the commonwealth are placed in the charge
of other Town officials.
The Selectmen may authorize the Town Treasurer
to borrow money temporarily in anticipation of the collection of taxes
and to give promissory notes therefor in behalf of the Town, the same
to be signed by the Treasurer and countersigned by a majority of the
Selectmen, and all promissory notes shall be executed in like manner.
If an exigency shall arise requiring a larger
expenditure of money than has been appropriated it shall be the duty
of the Selectmen to issue a warrant for a Special Town Meeting for
the purpose of making such further appropriation, if the Town shall
deem it advisable.
The Selectmen shall examine the books and accounts
of all officers and committees entrusted with the receipt, custody
or expenditure of money and all original bills and vouchers on which
moneys have been or may be paid from the treasury. They may, before
approving any demand, require the claimants to certify under oath
that all the articles for which the claims have been made have been
furnished or that the whole service or labor has been performed and
that no commission, discount, bonus, present or reward of any kind
has been received or promised or is expected on account of same.
The Selectmen shall draw warrants on the Treasurer
for all demands for the supply of materials, labor or service to the
Town.
The Selectmen shall keep in a neat, methodical
manner a complete set of books, wherein shall be stated, among other
things, the appropriation for each distinct object of expenditure.
Whenever the appropriations for the specific object have been expended,
they shall withhold further expenditure for such object or objects
or may transfer from some of the unexpended appropriations contained
in the general appropriations as they may deem advisable.
The Board of Selectmen is hereby authorized
to make rules and regulations governing the parking of automobiles
and other vehicles on the highway.
The Selectmen shall annually appoint an Inspector
of Gas Piping and Gas Appliances in buildings, whose duties will be
the enforcement of the rules and regulations adopted by the board
established under MGL c. 25, § 12H.[1]
[1]
Editor's Note: Section 12H of MGL c. 25 was
repealed by St. 1977, c. 843.
[Amended 4-12-1995 by Art. 30, approved 6-5-1995]
The Town Administrator shall have authority
annually to dispose of surplus personal property belonging to the
Town of Yarmouth by public sale or auction.
The Board of Selectmen may, after a duly advertised
public hearing, set and adjust the fees charged by the Wiring Inspector,
Building Inspector and Inspector of Plumbing.
[Added 4-4-2011 ATM by Art. 41, approved 7-21-2011]
A.
The Board
of Selectmen may remove for cause a member of a multi-member board,
committee, or commission for which the Selectmen are the appointing
authority. This vote to remove an appointed committee member shall
require the affirmative vote of four members of the Board of Selectmen,
after a public hearing or a hearing in executive session pursuant
to MGL c. 30A, § 21. This procedure to remove a committee
member will be conducted pursuant to the procedure set forth in the
Selectmen's policy manual.
B.
The members
of any multiple-member board, committee or commission, not appointed
by the Board of Selectmen, may be removed by the Town official or
officials who appointed such members. Removal will be for cause and
following a public hearing on such removal.
[Added 4-2-2012 ATM by Art. 27, approved 7-13-2012]
