City of Berlin, NH - CITY CHARTER

The City Charter is being provided here for information purposes only. It should not be relied upon for legal use. Official copies of the Charter and Ordinances are available at the City Clerk's office and should be consulted to be certain of accuracy and being current.

Section 1. Body politic; name.

The inhabitants of the Town of Berlin in the County of Coos shall continue to be a body corporate and politic, under the name of the City of Berlin.

Section 2. Wards.

The ward boundaries are amended as per the following boundary description in order to establish equal ward populations and, therefore, equal representation. Said ward boundaries shall be adjusted according to the new descriptions set forth below:

Ward One shall include all that part of said City of Berlin lying westerly of the Androscoggin River and southerly and westerly of the following described line: Beginning at the intersection of the centerline of the Dead River and Androscoggin River, thence northerly along the centerline of the natural course of the Dead River to a point at the intersection of said river and the centerline of Hillside Avenue Bridge, thence easterly along the centerline of Hillside Avenue to the centerline of Blanchard Street, thence northerly along the centerline of Blanchard Street to the centerline of Pine Street, thence westerly along the centerline of Pine Street to the Centerline of Willow Street, thence northerly along the centerline of Willow Street to the centerline of Portland Street, thence westerly along an extended centerline of Portland Street to the Canadian National Railroad, thence northwesterly along the centerline of said railroad tracks to their intersection with the corporate boundary between said City of Berlin and the township of Milan. (Ch. 300, Laws of 1913; referendum vote, March 9, 1982; referendum vote, February 18, 1992, effective April 1, 1992)

*EDITOR’S NOTE-Printed herein is the charter of the City of Berlin, New Hampshire, Laws of 1897, Ch 121 as amended, as compiled by the City of Berlin under the direction of Jack P. Crisp, Jr., City Attorney, and presented for printing herein. Style and capitalization have been made uniform. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets []. Amendments have been included and are indicated by a history note immediately following the amended section.

Ward Two shall include all that part of said City of Berlin lying northwesterly of the Androscoggin River and lying between the above described line and the following [described] line: Beginning at the intersection of the centerline of the Androscoggin River and easterly extension of the centerline of Third Street, thence northwesterly along the centerline of Thirds Street to the centerline of School Street, thence southwesterly along the centerline of School street to the centerline of Spring Street, thence northerly along the centerline of Spring street to the centerline of Hillside Avenue, thence northerly along the centerline of Hillside Avenue to the centerline of Ramsey Street, thence northerly along the centerline of Ramsey Street to the extended centerline of Flint Street, thence northerly along the centerline of Flint Street to the centerline of Oxford Street, thence westerly along the centerline of Oxford Street to the centerline of Ridgeview Avenue, thence easterly along the centerline of Ridgeview Avenue to the centerline of Adams Street, thence northwesterly along the centerline of Adams Street to the centerline of Presidential Avenue, thence westerly along the centerline of Presidential Avenue to the centerline of Hillside Avenue, thence northerly

along the centerline of Hillside Avenue to the range line between ranges four and five of lots and ranges of the City of Berlin, thence westerly along said range line to the intersection of the range line and the aforementioned Canadian National Railroad tracks. (Ch. 300, Laws of 1913; Ch. 355, Laws of 1953; referendum vote, March14, 1972 adopting the provisions of Ch. 570, Laws of 1971; referendum vote, March 9, 1982;referendum vote, February 18, 1992, effective April 1, 1992)

Ward Three shall include all that part of said City of Berlin not embraced in Wards One and Two as herein constituted and lying northerly and westerly of the following described line: Beginning at the intersection of an easterly extension of the centerline of Third Street and the centerline of the Androscoggin River, thence northerly along the centerline of the natural course of said river, to the intersection of the river and the Berlin Mills Bridge, thence easterly along the centerline of Bridge Street to the centerline of Maynesboro Street, thence northerly along the centerline of Maynesboro Street to the centerline of Wood Street, thence easterly along the centerline of Wood Street to the centerline of Verdun Street, thence northerly along the centerline of Verdun Street to a point two hundred ten (210) feet from the centerline of Wood Street, thence easterly parallel to the centerline of Wood Street, to the Berlin Success corporate boundary. (Ch. 300, Laws of 1913; Ch. 330 Laws of 1951; referendum vote, March 14, 1972 adopting provisions of Ch.570, Laws of 1971; referendum vote, March 9, 1982; referendum vote, February 18, 1992, effective April 1,1992)

Ward four shall include all that part of said Berlin lying southeasterly of the Androscoggin River and southerly and easterly of the above described line. (Ch. 300, Laws of 1913; Ch. 330, Laws of 1951; referendum vote, March 9, 1982; referendum vote, February 18, 1992 effective April 1, 1992)

Section 3. [Governing body ; composition.]

The government of the fiscal, prudential and municipal affairs of said city shall be vested in a body called the city council to consist of nine (9) members, two (2) councilmen elected from each of the four (4) wards and a mayor elected at large. The mayor and council shall sit and act together and compose one (1) body. (Ch. 300, Laws of 1913; referendum vote, March 10, 1970; referendum vote, March 12, 1974)

Section 4. [General authority of council.]

The city council created by this act shall have all powers, and shall do and perform all the duties which boards of aldermen and common councils of cities are by law authorized or required to do or perform, except insofar as said powers and duties are superseded or abolished under the provisions of sections 14a through 14j herein, or unless a contrary intention otherwise appears. (Referendum vote, March 10,1970)

Section 5. [School district.]

Said city shall constitute one (1) school district, and the administration of all fiscal, prudential, and district affairs of said district shall be vested in the city council, except such as shall herein after be vested in the school board.

Section 6. [Property, debts of city generally.]

All property of said City of Berlin, or of the school district of said town, shall be vested in said city, and all debts of said town and said school district shall be considered for all purposes as the debts of said city.

Section 7. [Representatives to general court.]

Until a new census shall be taken by authority of this state or the United States, the City of Berlin and the Town of Milan shall be entitled to six (6) representatives to the general court; all of the representatives shall be elected at large from Wards 1, 2, 3, 4 and the Town of Milan under District 8. (Ch. 300, Laws of 1913; /amended by: Changes in population and re-apportionment as per the Constitution of New Hampshire, Part 2, Article 9. Enacted in accordance with Article 44, Part II of the N.H. Constitution, without signature of governor, June 30, 1982; effective June 30, 1982.)

Section 8. [Election of ward officers; terms.]

Each ward shall a each state biennial election choose by ballot a moderator and a ward clerk who shall hold office for two (2) years; and three (3) supervisors of check lists from each ward whose terms of office shall be as follows: One (1) for two (2) years; one (1) for four (4) years; and one (1) for six (6) years and until their successors are elected and qualified they shall receive for their services only such compensation as the city council may vote. Said supervisors shall perform all the duties required by law of selectman of wards in cities and supervisors of check lists in towns; and for all purposes requiring such officers shall be considered selectmen of said wards. (Referendum vote, March 11, 1947 adopting the provisions of Ch. 340, Laws of 1947; referendum vote, February 26, 1980, effective on January 1, 1981)

Section 9. [Supervisors subject to law.]

Said supervisors in regulating and posting check lists shall be governed by the law applying to the supervisors of towns, their respective wards being considered as a town for such purposes.

Section 10. [Biennial meeting; date, check-lists; modification of terms pursuant to amendment.]

The biennial meeting of each ward, hereinafter known as the regular municipal election, shall be held on the first Tuesday following the first Monday in November of every odd-numbered year, at such place in said city as may be fixed by said city council The supervisors of the checklists shall prepare a checklist for each ward for use at such meetings. All elected officials whose term of office shall be affected by this amendment shall have their term adjusted appropriately so as to comply with the new municipal election date. The citizens of the City of Berlin hereby ratify, confirm, and approve all actions of the city council and city manager with respect to the terms of the proposed charter amendment and the manner in which it was adopted. This charter amendment shall take effect on January 1, 1987. (Ch. 340, Laws of 1947; referendum vote March 14, 1972; referendum vote, November 6, 1984, effective July 1, 1985; referendum vote, December 9, 1986, effective January 1, 1987)

Section 10a. [changes in party affiliation; acceptance by city clerk.]

In accordance with the provisions of RSA 654:34-a, the city clerk is authorized to accept changes in party affiliation. (Referendum vote, February 26, 1980, effective on January 1, 1981)

Section 11. [Election of councilmen.]

At each biennial municipal election, one (1) councilman shall be elected from each ward for a four-year term of office. Election of councilmen shall be a non-partisan ballot. Vacancies occurring in the office of councilman from any cause shall be filled until the next municipal election with the election of some qualified person from the ward where the vacancy occurs by the recorded votes of at least a majority of all members of the council at the next regular meeting or at a special meeting called for the express purpose of filling the vacancy within thirty days following the creation of the vacancy. (Amended by: Ch. 340, Laws of 1947; referendum votes, March 12, 1974 and November 26, 1984, effective July 1, 1985)

Section 12. [Election of mayor; compensation.]

The mayor of said city shall be chosen by non-partisan ballot biennially at the regular municipal election. The mayor shall receive a monthly salary of two hundred fifty dollars ($250.00). Such salary shall be in full for services of every kind rendered and shall be paid monthly. (Amended by: Ch. 225, Laws of 1903; Ch. 327, Laws of 1911; Ch. 268, Laws of 1943; Ch. 340 Laws of 1947; Ch. 327, Laws of 1953; Ch. 371 Laws of 1959, referendum vote, March 10, 1970; referendum vote, March 12, 1974)

Section 12a. [Vacancy in office of mayor.]

In case of the temporary absence of the mayor or in the event of a vacancy in the office of mayor due to death, resignation or removal from the city occurring within six (6) months of the next city biennial election, the council may elect one (1) of their number chairman, who shall have all the powers and perform all the duties of mayor during his temporary absence or disability, or during such vacancy. If a vacancy in the office of mayor shall occur at a time more than six (6) months prior to the next city biennial election, the council may order a special election to fill such vacancy for the unexpired term. (Ch. 371, Laws of 1959)

Section 13. [Meetings of council; terms of members.]

The mayor and council shall biennially on the third Monday in January meet for the purpose of taking their respective oaths. Council shall meet in regular session on the first and third Mondays of each month. The mayor or a majority of council may call for special meetings in addition to the regular meetings when needed.

The term of each incumbent councilperson and mayor shall be extended as necessary to accomplish this revision and all acts of said council and mayor shall otherwise be deemed lawful and duly authorized actions. (Referendum vote, March 12, 1974; amended by: Ch. 225, Laws if 1903; Ch. 300, Laws of 1913; Ch. 340, Laws of 1947; referendum vote, March 10, 1970; referendum vote, November 6, 1984, effective July 1, 1985)

Section 14. [Salary of council members.]

Members of council shall receive a maximum annual salary of seven hundred dollars ($700.00) based upon their attendance at the regular and duly called special meetings of council. (Referendum vote, March 12,1974)

Section 14a. [Powers, duties of mayor generally.]

The mayor shall be the official head of the city for all ceremonial purposes. He shall preside at all meetings of the council and may speak and vote at such meetings. The mayor shall appoint all members of all boards and commissions subject to the approval of council. All other duties of mayors prescribed by law shall be exercised by the manager provided for herein. (Referendum vote, March 10, 1970; referendum vote, November 26, 1984, effective July 1, 1985)

Section 14b. [Manager-Generally.]

The chief administrative officer of the city shall be called the manager. The council shall appoint as manager for an indefinite term, and fix the salary of, a qualified person who receives the votes of at least a majority of the council. (Referendum vote, March 10,1970)

Section 14c. [Same-Qualifications.]

The manager shall be chosen solely on the basis of his executive and administrative qualifications, but he need not be a resident of the city or the state at the time of his appointment. (Referendum vote, March 10, 1970)

Section 14d. [Same-Removal; suspension.]

The manager may be removed by a majority vote of the members of the council as herein provided. At least thirty (30) days before the proposed removal of the manager, the council shall adopt a resolution stating its intention to remove him and the reasons therefor, a copy of which shall be served forthwith on the manager, who may, within ten (10) days, demand a public hearing, in which event the manager shall not be removed until such public hearing has been held. Upon or after passage of such a resolution the council may suspend him from duty, but his pay shall continue until his removal. In case of such a suspension the council may appoint an acting manager to serve at the pleasure of the council for not more than ninety (90) days. The action of the council in removing the manager shall be final. (Referendum vote, March 10, 1970)

Section 14e. [Same-Powers, duties generally.]

The manager shall supervise the administrative affairs of the city and shall carry out the policies enacted by the council. He shall be charged with the health and safety of persons and property, and shall see to the enforcement of the ordinances of the city, this charter, and the laws of the state. He shall keep the council informed of the condition and needs of the city and shall make such reports and recommendations as he may deem advisable, and perform such other duties as may be prescribed by this charter, or required of him by ordinance of resolution of the council, not inconsistent with this charter. He shall have and perform such other powers and duties not inconsistent with the provisions of this charter as now are or hereafter may be conferred or imposed upon him by municipal ordinance or upon mayors of cities by general law. He shall have the right to take part in the discussion of all matters coming before the council, but not the right to vote. (Referendum vote March 10, 1970)

Section 14f. [Appointment of personnel.]

The manager shall have the power to appoint and remove, subject to the provisions of this charter, all officers and employees in the administrative service of the city; buy the manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department of office. All such appointments shall be without definite term. (Referendum vote, March 10, 1970.)

Section 14g. [Interference with appointments by council members.]

Neither the council nor any of its members shall direct or request, except in writing, the appointment of any person to office or employment, or his removal therefrom, by the manager or any of the administrative officers. Neither the council nor any member thereof shall give orders to any of the administrative officers either publicly or privately, but they may make suggestions and recommendations. Any violation of the provisions of this section by a councilman shall be a misdemeanor, a conviction of which shall constitute immediate forfeiture of his office. (Referendum vote, March 10, 1970)

Section 14h. [Appointment of officers.]

There shall be appointed by the manager, [~~three (3) assessors~~,] a city clerk, treasurer, finance officer, fire chief, ~~overseer~~ administrator of public welfare, health officer, director of public works, city auditor, city attorney, city collector, [chief assessor, city engineer, development director, librarian] and such officers as are needed to administer to departments which the council shall establish, which departments shall replace all existing departments, boards and commissions, except police and water commissions shall be appointed by the mayor with the approval of council annually for three-year terms. The powers and duties of these officers and heads of departments so appointed shall be those prescribed by state law, by this charter or by ordinance. (Referendum vote, March 10, 1970; referendum vote, November 6, 1984; see section 14a)

Section 14I. [Administrative code.]

The first manager under this charter shall draft and submit to the council within nine (9) months after assuming office an ordinance dividing the administrative service of the city into departments, divisions, and bureaus and defining the functions and duties of each. After the adoption of that ordinance upon recommendation of the manager, the council by ordinance may create, consolidate, or abolish departments, divisions and bureaus of the city and define or alter their functions and duties. Such ordinances shall be known as the administrative code. Each officer shall have supervision and control of his department and the employees therein and shall have power to prescribe rules and regulations not inconsistent with general law, this charter, and the administrative code. Pending passage of such code the manager may establish temporary regulations. (Referendum vote, March 10, 1970.)

Section 14j. [Purchases generally.]

The administrative code shall establish purchasing and contract procedure including the assignment of all responsibility for purchases to a single person, the combination of purchasing of similar articles by different departments, and purchasing by competitive bids wherever practical. (Referendum vote, March 10, 1970)

Section 15. [Election of school board-Appointment; vacancies, compensation, elections at-large; terms.]

The general management and control of the public schools and of the buildings and property pertaining thereto shall be vested in a school board, to consist of five members who shall ordinarily be chosen by the city’s registered voters in the same regularly scheduled municipal elections in which members of the council are chosen. Except as provided elsewhere in this section, two of such members shall hold office for four years; and three of such members shall hold office for two years. All members shall serve also until their successors are elected and qualified. Ballots shall identify which candidate seek two and four year terms respectively.

Vacancies on the school board which may occur during unexpired terms of members, or which may occur because of failure to choose a member by election, shall be filled by the council or as directed by the council. In filing a vacancy, the council may choose a qualified citizen for the remainder of the term, or until an election is held, or may schedule a special election., or may direct that the vacancy be filled at a municipal or other election already scheduled during the unexpired term, or may choose more than one of these methods as in its judgment it deems fit.

Members of the board shall receive only such compensation as may be fixed by the council. Members’ terms shall begin on the third Monday in January, except as provided in this section. No member shall be a member of the council. All members shall be registered voters of the city.

Elections shall be at-large. Order of candidates’ names on ballots shall be by random selection by the city clerk and shall appear without party designation. No candidate’s name shall appear on the ballot unless on the date that qualification of candidates’ names are made, the candidate is eligible to serve, except that the name of a council member, whose term will expire on or before the date the board term to be filled commences, may appear on the ballot.

At first election for the board, one member shall be elected for a term of four years; and four members shall be elected for a term of two years. The school board appointed by the council as it exists at the time of adoption of this section shall continue to serve until such time as the term of the members elected pursuant to this section commence. If an election for members of the board, contingent upon adoption of this section, is held on the date the voters adopt this section, the school board appointed by the council shall be deemed dissolved, and shall be replaced by a board composed of those members elected by the voters, which members shall serve until the commencement of their regular terms. (Amended by referendum vote, March 14, 1972; referendum vote, November 2, 1993)

Section 16. [Same-Appropriations.]

The appropriations for schools shall be vested in the city council and the school board shall be accountable to the city council for its expenditures.

Section 17. [Same-Filling vacancies.]

All vacancies in all ward offices shall be filled by the city council. (Amended by referendum vote, November 2, 1993)

Section 18. [Application of election law.]

The general provisions of the statutes relating to state biennial elections shall apply to all elections for city and ward offices, except as provided otherwise herein, or unless a contrary intention otherwise appears. (Amended by: Implication of special legislative acts and referenda)

Section 19. [Budget estimates.]

At such time as may be requested by the city manager, each officer or director of a department shall submit an itemized estimate of the expenditures and capital projects for the next fiscal year. Thereafter, the city manager shall prepare a budget for submission to the city council. (Referendum vote, March 12, 1968; amended by referendum vote, March 10, 1970; referendum vote, November 6, 1984, effective July 1, 1985)

Section 20. [Submission of proposed budget.]

The city manager shall submit the proposed budget to the city council at least ninety (90) days before the start of the fiscal year of the budget. The council may reduce any item or items in the proposed budget by a vote of the majority, but an increase in or addition of any item or items therein shall become effective only upon affirmative vote of two-thirds of the members of the city council voting at a regular meeting or at an otherwise properly and legally called public meeting of the said council. (Referendum vote, March 12, 1968; referendum vote, November 6, 1984, effective July 1, 1985)

Section 21. [Budget hearing; final action.]

A public hearing of the budget shall be held before its final adoption by the city council at such time and place as the city council shall direct, and notice of the public hearing, together with a summary of the budget as voted by the council, shall be published at least one (1) week in advance by the city clerk. In the event the city council fails to vote on a budget for submission to the public hearing, the budget submitted by the city manager shall be published for the public hearing. The budget shall be finally adopted not later than ten (10) days before the beginning of the fiscal year. Should the city council take no final action on or prior to such day, the budget as submitted at the public hearing shall be deemed to have been adopted by the city council. (Referendum, March12, 1978; referendum, November 6, 1984, effective July 1, 1985)

Sec. 21a. [Accountability of appropriations for capital expenditures.]

Appropriations for capital expenditures shall be used for the purpose for which the appropriations were made unless otherwise approved by the city council. Accountability (to the city council) for such expenditures shall be required of all city departments, including the police department and the school department. (Referendum vote, November 5, 1991)

Section 22. [Application, conflict of laws, ordinances.]

All general laws relative to the government of cities shall remain in force in the city so far as the same can be applied consistently with the intents and purposes of this charter, but shall be deemed superseded as to this city so far as inconsistent herewith. Existing ordinances and other municipal regulations shall remain in force so far as the same can be applied consistently with the intents and purposes of this charter, but are hereby annulled so far as inconsistent herewith. In all existing laws, ordinances, and regulations hereby saved, references to the city councils, board of mayor and councilmen, board of public works, or other bodies or officers hereby abolished or superseded, or to bodies of officers whose constitution or functions are hereby altered, shall be taken to mean the body or officer upon whom jurisdiction of the matter in question Is conferred by this charter or by the administrative code. (Referendum, March 10, 1970)

SUBPART B. RELATED LAWS

DIVISION 1. HOME RULE CHARTER AMENDING PROCESS*

Section 1. Procedure for adoption.

A city desiring to adopt a charter under this act may do so by either of the following methods:

The governing body of the city may be [by] a two-thirds vote of its members

a commission for the purpose of drafting a charter hereunder . It may also

in the alternative authorize the mayor to appoint, subject to the approval

of a majority of the governing body, a charter commission of five (5)

Upon petition of the registered voters of the city filed with the city clerk a

Charter commission may be chosen to draft a charter hereunder. Such petition shall be signed by the following percent of registered voters as appearing on the check lists of the preceding regular election.

10% in cities not over 20,000.00 inhabitants 5% in cities of more than 20,000.00 inhabitants

*EDITOR’S NOTE-Printed herein is the procedure for amending the Home Rule Charter adopted as Laws of 1963, Ch. 275:1 and approved by referendum on March 8, 1966 and amended by Laws of 1973, Ch. 476, Style and capitalization have been made uniform. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets []. Amendments have been included and are indicated by a history note immediately following the amended section.

Upon the filing of such petition of the voters, the city clerk shall provide for

the submission of the question: “Shall a charter commission be elected to draft a new charter under the Enabling Act for Local Option City Charters” and for the election of a charter commission at the next regular city election occurring not less than seventy-five (75) days after the filing of the petition with said clerk. A charter commission of five (5) members shall be elected by the qualified voters at the same time as public question is submitted. Candidates shall be listed on the ballot in the same manner as is provided for by law for candidates for other office, except that they shall be listed without any party designation or slogan. The ballot shall instruct each voter to vote on the question and regardless of the manner of his vote on the question and regardless of the manner of his vote on the question, to vote for five (5) members of a charter commission who shall serve if the question is voted in the affirmative. Candidates for the charter commission shall be registered voters of the city and may be nominated by filing for the office and paying a filing fee of ten dollars ($10.00) or by petition signed by at least three (3) Percent of the registered voters of the city and filed with the city clerk not less than sixty (60) days prior to the date of the election. No voter shall sign a petition or petitions for more than five (5) candidates.

Section 2. Organization of charter commission.

Not less than fifteen (15) days after the election of a commission or the adopting of a vote by the governing body choosing such commission, the charter commission shall meet, adopt appropriate rules and elect appropriate officers for the conduct of its business of drafting a charter hereunder. Members shall serve without pay but within the appropriation made for the purpose shall be reimbursed by the city for expenses, including expenses incurred for consultants and clerical and professional assistance. The commission shall hold public hearings and provide for the widest possible public information and discussion of its work. It may also hold private hearings. Within nine (9) months from the date of its selection, the commission shall report its findings and recommendations to the governing body of the city by filing with the city clerk an original signed copy of its report. If the report recommends the adoption of a charter hereunder, the clerk shall cause to be reproduced sufficient copies of said charter to inform the voters not less than thirty (30) days prior to the referendum herein provided for.

Section 3. Referendum.

The city clerk shall cause the question of adoption or rejection of any charter recommended by the commission to be placed upon the ballot at the next general or regular city election occurring not less than sixty (60) days following the filing of the commission’s report with the clerk, or at a special election which may be ordered by the governing body of the city not less than sixty (60) days nor more than one hundred twenty (120) days after such filing. The commission shall frame the question to be placed upon the ballot and if it deems appropriate shall add an interpretive statement to accompany the question.

Section 4. Adoption.

Whenever the voters of any city by a majority of those voting on the question vote in favor of adopting a charter proposed hereunder, said charter shall take effect according to its terms. In any event, the election of officers provided for by said charter shall occur not later than the next regular biennial municipal election to be held on the first Tuesday following the first Monday in November of every even numbered year.

Section 5. Amendments and later referenda.

Amendments to any charter adopted hereunder may be made by the same procedure here in above outlined in the preceding four (4) sections at any regular city election held after the adoption of the charter. At any regular city election held not less than five (5) years after the adoption of one optional form of charter herein provided for, a different optional form may be adopted by any city by the procedure herein above established by this chapter. Any city wishing to adopt the amending process here in above provided for without adopting either of the two (2) charters provided for by this chapter may do so under the procedure set forth in section 1 above by submitting the following question to the voters at any regular municipal election: Shall the City of Berlin adopt the home rule amending process provided for in RSA 49-A which will permit the city to adopt amendments to its charter by popular referendum without the necessity of legislative act? If a majority of those voting on the question answer “Yes”, the city shall thereafter be empowered to adopt as an amendment to its own charter any provisions which are not specifically prohibited by the provisions of the New Hampshire Revised Statutes Annotated. Upon the adoption of any amendment to an existing corporate charter or upon the adoption of either of the charters provided for by this chapter, the city clerk of the adopting city shall not later than ten (10) days thereafter file with the secretary of state a certified copy of the amendment or of the charter adopted.

DIVISION 2. BERLIN AIRPORT AUTHORITY*

Section 1. Incorporation.

The Berlin Airport Authority, hereinafter referred to as the “Authority”, is hereby incorporated as a body politic with the powers and privileges herein provided.

Section 2. Membership of the authority.

The mayor of the City of Berlin, the chairman of the commissioners of Coos County, the chairman of the board of selectmen of the Town of Milan, [~~ex-officios~~] together with a member of the city council of the City of Berlin from each of the four (4) wards shall constitute the authority, and shall be vested with all the powers and charged with all the duties here in after granted to and imposed upon said authority.

Section 3. Appointive agency and term.

The city council shall elect four (4) members of said authority by electing one from each ward of said City of Berlin who shall serve for the balance of their term in said city council.

Section 4. Compensation.

No member of the authority shall receive from it any compensation for services or reimbursement for expenses.

Section 5. Vacancies.

Any vacancy which may occur in the membership of the authority which is not made up exofficio shall be filled by the city council of the City of Berlin.

Section 6. Officers; action by majority.

The mayor of said Berlin shall be the chairman of the authority. The authority shall elect from its membership a vice chairman, clerk, and treasurer, and prescribe their duties. The treasurer shall be the financial agent of the authority and shall furnish such bond as the authority shall determine. The concurrence of a majority of the membership of the authority shall be necessary to constitute action by the authority.

Section 7. Acquisition and operation of airport.

The authority is hereby authorized to acquire by eminent domain , purchase, lease, gift or otherwise the Berlin Municipal Airport in the Town of Milan and maintain the said airport and in connection therewith and as a part thereof to establish in the same manner and maintain auxiliary landing places and facilities in the County of Coos.

Section 8. Declaration of purpose.

The establishment, ownership, operation and maintenance of said airport and all auxiliary facilities are declared to be for public purposes as an aid to national and state defense and for the convenience of the public, and the authority shall be regarded as performing a governmental function in carrying out the provisions of this act. The authority, the County of Coos, the City of Berlin and the Town of Milan shall enjoy immunity from all tort liability in connection with said facilities and activities and the said immunity shall not be affected or lost by reason of the receipt of profit, fees, revenue, income, rentals, or any particular or specific return whatsoever.

Editor’s note-Printed herein is the Berlin Airport Authority Act adopted as Laws of 1957, Ch. 433. Style and capitalization have been made uniform. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets []. Amendments have been included and are indicated by a history note immediately following the amended section.

Section 9. Powers.

The authority shall have the power:

To select and have a seal.

To adopt by-laws, not inconsistent with this act, for the conduct of its business.

To acquire, hold and dispose of , in any manner, real and personal property deemed necessary of desirable for its purposes.

To construct, maintain, reconstruct, improve, enlarge, operate and manage said airport.

To accept grants and the cooperation of the United States of America, the state of New Hampshire, or any agencies thereof, in the construction, maintenance, reconstruction, improvement and operation of said airport, and to do any and all things necessary in order to avail itself of such aid and cooperation, and the authority is specifically authorized to enter into agreements with the federal government and the State of New Hampshire through its various agencies relative to the acquisition of said airport and its extension, improvement and operation.

To prescribe and publish rules and regulations governing the use of said airport.

To levy and collect reasonable fees, not prohibited by law, for use of said airport and its facilities.

To grant leases of the facilities of the airport for reasonable periods of time.

To employ such assistants, agents and servants, professional, technical, or otherwise as it shall deem necessary of desirable for its purposes, and fix their compensation.

To do all other lawful acts necessary and incidental to the foregoing powers.

Section 10. Limitation of powers.

The authority shall have no power to commit the State of New Hampshire or any of its political subdivisions to any obligation or liability whatsoever, nor shall it have the power to encumber any of its real estate except in pursuance of the authority contained in section 9 (I) without the sanction of the City of Berlin.

Section 11. Exemption from taxes, levies and executions.

All property and rights acquired by the authority in the Town of Milan shall be exempt from all taxation. All property of the authority shall be exempt from attachment, and all of its real property shall be exempt from levy and sale by virtue of any execution.

Section 12. Revenue.

The net revenue of the authority shall be held and invested by it for the purpose of the future maintenance, operation and improvement of said airport.

Section 13. Financial aid.

The County of Coos and the cities and towns of said county are authorized to make conveyances and appropriations for the use of the authority.

Section 14. Audits and reports.

All financial transactions of the authority shall be audited annually and at such other times and in such manner as the City of Berlin shall determine. The authority shall make an annual report of its financial and other transactions for the preceding calendar year on or before the first day of February. This report and the report of such audits as shall be made as herein provided shall be filed with the clerk of the superior court for said Coos County and city clerk of Berlin after completion, and shall be open for public inspection.

Section 15. Penalties.

Any violation of the published rules and regulations of the authority relating to said airport, and any refusal or neglect to pay lawfully prescribed fees for use of said airport, and any refusal or neglect to pay lawfully prescribed fees for use of said airport or its facilities, shall be deemed a [~~misdemeanor~~ violation] and shall be punishable [~~by a fine of not exceeding ten dollars ($10.00)~~ subject to a fine as provided], provided, however, that nothing contained herein shall be construed as a limitation upon the civil rights of the authority.

Section 16. Separabillity clause.

If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and application of such provision to other persons or circumstances shall net be affected therby.

DIVISION 3. POLICE COMMISSION*

Section 1. [Members generally.]

The mayor and council of the City of Berlin shall appoint on a non-partisan basis a police commission consisting of three (3) members. The term of office of each such commissioner shall be for three (3) years and until his successor is duly appointed and qualified. Said commissioners shall have been residents of the city where appointed at least five (5) years immediately preceding the date of their appointment. Any vacancy in said board shall be filled for the unexpired term. The mayor and council shall have full power to remove any commissioner at any time.

Section 2. [Powers, duties generally.]

It shall be the duty of said police commission to appoint such police officers, constables and superior officers as they may in their judgment deem necessary; and to fix their compensation. The police commissioners shall have authority to remove any officer at any time for just cause and after due hearing, which cause shall be specified in the order of removal. Said commissioners shall have authority to make and enforce all rules and regulations for the government of the police force. The responsibility for fiscal authority will rest with the city council in accordance with the city charter.

Section 3. [Compensation.]

The compensation of the police commissioners shall be fixed by the city council.

*Editor’s note-Printed herein is the Act creating the police commission, Laws of 1963, Ch. 275 approved in referendum on March 10, 1964 and amended by referendum of March 9, 1982. The police commission of the City of Berlin was originally established by Ch. 160, Laws of 1905, amended by Ch. 289, Laws of 1907, and Ch. 148, Laws of 1913. Style and capitalization have been made uniform. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets []. Amendments have been included and are indicated by a history note immediately following the amended section.

DIVISION 4. BERLIN WATER WORKS*

Section 1. [General authority.]

The City of Berlin in the County of Coos is hereby authorized to supply itself and its inhabitants and the inhabitants of neighboring territory with water for the extinguishment of fires and for domestic, manufacturing and other purposes, and for such purposes may purchase by the action of the city council the franchises, corporate property, rights and privileges of the Berlin Water Company, Incorporated, or any other water supply systems now supplying water to it and to said inhabitants; may construct, improve, extend and maintain suitable water works, and may lease or take by eminent domain or acquire by purchase or otherwise and hold, any real or personal estate, and any right, therein, and sources of supply , as provided for towns and precincts by section 2, chapter 126, Laws of 1907, within or outside the limits of said city, and also may take by eminent domain by vote of the city council in the manner provided by section 2 of said chapter 126 or acquire by purchase or otherwise and hold all lands, rights of way and easements necessary for collecting, storing, purifying and preserving such water and for conveying the same through and to any part of said city and the surrounding territory; provided, that no source of water supply and no lands necessary for preserving the quality of the water shall be acquired or taken without first obtaining the approval of the state [~~board~~ agency] of health, and that the location of all dams, reservoirs, wells of filter galleries to be used as sources of supply under this act shall be subject to the approval of said board.

Editor’s note-The correction in brackets has been editorially made at the direction of the city.

Editor’s note-Printed herein is the act creating the Berlin waterworks, Laws of 1925, Ch. 294. Style and capitalization have been made uniform. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets []. Amendments have been included and are indicated by a history note immediately following the amended section.

Section 2. [Contracts authorized; board of water commissioners; use of income; liability for damages; sale of property.]

Said city is authorized and empowered to contract with individuals and corporations for supplying them with water for any of the purposes herein named or contemplated and to make such contracts and to establish such regulations and tolls for the use of water for said purposes as may from time to time be deemed proper; and for more convenient management of said water works the city shall either before or after the acquisition or construction of the same, place them under the direction of a board of water commissioners of four (4), appointed by the mayor, subject to the confirmation of the council, one (1) from each ward, to be appointed to a four-year term on a non-partisan basis, the mayor to act ex-officio. Said commissioners shall qualify, organize, and receive compensation as provided in section 5 of said chapter 126, shall fix just and equitable prices and rates for the use of water, and shall prescribe the time and manner of payment. Vacancies on the board shall be filled by the mayor and council. Each commissioner shall hold office until his successor is appointed and qualified. The income of the water works shall be applied to defraying all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes issued under the authority of this act. If there should be a net surplus remaining after providing for the aforesaid charges it shall be used for such new construction as the water commissioners may determine upon, and in case a surplus should remain after payment for such new construction the water rates shall be reduced proportionately. No money shall be expended in new construction by the water commissioners except from the net surplus aforesaid unless the city appropriates and provides money therefor. Land acquired by the city for its water system shall be managed, improved and controlled by said water commissioners in such manner as they deem for the best interests of the city. All authority granted to the city by this act and not otherwise specially provided for shall be vested in said board of water commissioners, who shall be subject however to such instructions, rules and regulations, not inconsistent with this act, as said city may impose by ordinance.

Any person injured in his property by any action of the city or of said board under this act may recover damages from said city in the method provided in section 2 of said chapter 126; provided that the right to damages for taking any water or water right, or any injury thereto, shall not vest until the water is actually withdrawn or diverted by said city under authority of this act.

Should any portion of the real estate or other property acquired by the city for said water supply purposes be found unnecessary for the maintenance and use of the water works by the city, and it may be desirable to sell the same, the water commissioners, with the approval and consent of the city council, are hereby authorized and empowered to make sale of the same and a deed executed by the mayor under said authority shall pass title to the purchaser of such real estate. The funds derived from such sale shall be applied to the payment of extensions or improvements or to the bonds hereby authorized first maturing subsequent to such sale.

Section 3. [Bonds, notes authorized.]

Said city may for the purpose of paying the expenses and liabilities already incurred for a water supply system under any provisions of law, or to be incurred under the provisions of this act, levy taxes, or borrow money and issue from time to time bonds or notes to an amount not exceeding in the aggregate eight hundred thousand dollars ($800,000.00) outside the city’s debt limit, bearing on face the words City of Berlin, Water Loan, Act of 1925. Each authorized issue shall constitute a separate loan and shall be payable in not more than thirty-five (35) years from its date, in annual payments, in equal or increasing or decreasing amounts. Said bonds may be issued in coupon form or in coupon form registerable as to principal only. Except as otherwise provided in this act, the provisions of “Municipal Bonds Act, 1895” and of Laws of 1917, chapter 129 and amendments and additions thereto shall apply to said bonds and notes.

If the city council votes to issue bonds or notes under this or any other provision of law for water supply purposes, the city treasurer with the approval of the mayor may make a temporary loan for a period of not more than one (1) year in anticipation of the money to be derived from the sale of such bonds or notes and may issue notes therefor; but the time within which such securities shall be due and payable shall not be extended by reason of the making of such temporary loan beyond the time fixed in the vote authorizing the issue of bonds or notes; and notes issued under this section for a shorter period than one (1) year may be refunded without further vote by the issue of notes maturing within said year.

All notes or bonds purporting to be issued by virtue or in pursuance of this act, and signed and sealed as hereinbefore provided, shall in favor of bona fide holders be conclusively presumed to have been duly and regularly authorized and issued in accordance with the provisions herein contained, and no holder thereof shall be obliged to see to the existence of the purpose of the issue, or to the regularity of any of the proceedings, or to the application of the proceeds. All such notes or bonds shall be negotiable in all respects and to the same extent as securities negotiable by the law merchant.

Section 4. [Assessments.]

A sum which with the income derived from the water rates will be sufficient to pay the annual expenses of operating the water works or the purchasing of water and the maintenance of its pipe lines as the case may be, and the interest as it accrues on the bonds or notes issued as aforesaid, and to make such payments on the principal as may be required under the provision of this act, shall without further vote be assessed by the assessors of the city annually thereafter, in the same manner as other taxes, until the debt incurred by the said loan or loans is extinguished.

Section 5. [Acquisition of water company.]

The authority to acquire a system of water supply under the provisions of this act is granted upon the condition that said city shall first exercise its right to acquire by purchase or otherwise the property and all rights and privileges of the Berlin Water Company, Incorporated, at a price which may be agreed upon between said corporation and said city by its city council, and said corporation is authorized to make such sale to said city. Said city, on acquiring the property of any water company may assume its outstanding bonds and the amount thus assumed shall be deducted from the total amount to be paid by the city to said corporation.

The agreement of November 12, 1924, between said Berlin Water Company, Incorporated, by its treasurer, and said city by its mayor, for the purchase of said company’s water works situated in Berlin and in the township of Success, is hereby ratified, confirmed and approved.

Section 6. [Bylaws authorized.]

Said city is hereby authorized and empowered through its city council to establish all needful bylaws to prevent injury to its water works and to any of the appurtenances thereof, and to prevent any pollution of the water or of any springs and ponds from which it may take water for the use of said water works and of the water that enters its works, and may annex penalties for any single violation thereof as provided in public statutes.

Section 7. [Property tax exempt.]

Said city is hereby exempt from paying any tax on any 0property owned, used and held by it exclusively for its water works wherever the same is situated.

Section 8. [Supply of water to customers.]

Said city may supply water for any of the purposes mentioned herein to such persons or corporations outside the geographical limits of the city as in the judgment of the water commissioners are reasonably accessible to its mains, and can be profitably and economically served without detriment to the interest of the city.

Fluorides in public water system.

Upon the written application of five (5) percent, or three hundred (300) or more of the voters in any city, whichever is the lesser, presented to the city clerk prior to the municipal election the city clerk shall insert on the ballot to be used at said election the following question: “Shall permission be granted to introduce fluorides into the public water system?” Beside this question shall be printed the word “yes” and the word “no” with proper boxes for the voter to indicate his choice. If a majority of the voters at said election do not approve the use of fluorides in the public water system for said city no fluorides shall be introduced into the public water system. If fluorides have prior to said vote been so introduced such use shall be discontinued until such time as the voters of the city shall by majority vote approve the use of such fluorides. Notwithstanding the foregoing, if fluorides are currently being introduced into the public water system of said city, pursuant to a popular referendum previously conducted, the city clerk shall not insert the aforementioned question on the ballot to be used at the municipal election except upon written application of not less than ten (10) percent of the registered voters of said city. (Ch. 273, Laws of 1959, approved by referendum, March 10, 1964)

DIVISION 5. MUNICIPAL POWER DEPARTMENT AUTHORITY*

[Section 1. Acquisition of electrical plant.]

The members of the city council of the City of Berlin, deem it expedient for the city to acquire or establish a plant or plants for the manufacture and distribution of electricity for the use of the city, of its inhabitants and others and for such other purposes as may be permitted, authorized or directed by the public utilities commission of the State of New Hampshire, such acquisition or establishment to be accomplished in accordance with the provisions of chapter 38 of the Revised Statutes of New Hampshire, as amended.

Editor’s note-Printed herein is the resolution of the City Council of the City of Berlin adopted by referendum on June 9, 1970 regarding the establishment of a municipal power department authority. Style and capitalization have been made uniform. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets []. Amendments have been included and are indicated by a history note immediately following the amended section.

DIVISION 6. BONDED INDUSTRIAL PARKS AND INDUSTRIAL FACILITIES *

Section 1. Declaration of need and purpose.

It is hereby declared that there is a need for the development of industrial facilities within the cities of Berlin and Keene in order to alleviate and prevent unemployment and underemployment in each such city and the region in which each such city is located, to insure the continued growth and prosperity of said cities and regions and to promote the general welfare of the citizens thereof and of the state. It is the purpose of this act to authorize the cities of Berlin and Keene and the Berlin and Keene Industrial Development Authorities to foster and encourage the development of industrial facilities by acquiring, developing and operating industrial parks within the respective by aiding the construction and expansion of industrial facilities within each city, without the use of city funds, through the issue of industrial development revenue bonds. The two (2) industrial assistance programs authorized for each city by this act are intended to be mutually independent, although such independence shall not preclude the financing of industrial facilities within an industrial park by the issue of revenue bonds; and all the powers herein conferred are intended to be in addition to and not dependent upon any powers conferred on said cities or authorities by any other law. It is further declared that the actions authorized by this act serve a public purpose and that in carrying out the provisions of this act each city and authority shall be regarded as performing essential governmental functions.

*Editor’s note-Printed herein is the act authorizing the bonds for industrial parks and facilities enacted as Laws of 1974, Ch. 26. Style and capitalization have been made uniform. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets []. Amendments have been included and are indicated by history note immediately following the amended section.

Section 2. Definitions.

As used in this act the following words and terms shall have the following meanings.

(a) “Authority”- the industrial development authority or industrial park authority created by action of the council.

“Board”- the board of directors of the authority.

“City”- in reference to the City of Berlin shall mean the City of Berlin and in reference to the City of Keene shall mean the City Council of the City of Keene.

“Council – in reference to the City of Berlin shall mean the City Council of the City of Berlin and in reference to the City of Keene shall mean the City Council of the City of Keene.

“Rent” – the payments which a tenant is obligated to make under an industrial park lease or an industrial development lease.

“Tenant” – the person primarily liable for the payment of rent under an industrial park lease or an industrial development lease.

As used in this section, sections 1 through 7 and sections 19 and 20 of this act the following words and terms shall have the following meanings:

“Industrial park project” – any project for the acquisition by gift or purchase and the development of land within the city as the site for an industrial park, and for the purposes of this definition the term “development of land” includes the provision of water, sewage, drainage, or similar facilities, or of transportation, power, or communication facilities which are incidental to use of the site as an industrial park, but, except with respect to such facilities, such term does not include the provision of structures or buildings. The term industrial park project shall also include any project for the expansion or further development of an industrial park.

“Industrial park building project” – any project to be undertaken by the authority for the construction, expansion or improvement of a building or structure, including machinery or equipment, which shall be suitable for use for manufacturing, warehousing, processing wastes or other industrial purposes and which is to be located in an industrial park established under this act.