A N     A C T

REVISING THE CHARTER OF THE CITY OF WARWICK, AND IN AMENDMENT OF CHAPTER 1852 OF THE PUBLIC LAWS, 1931, ENTITLED "AN ACT TO ESTABLISH THE CITY OF WARWICK," AS AMENDED

Introduced By: Senators Revens, McCaffrey, Walaska and Donelan

Date Introduced : June 24, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 1852 of the Public Laws, 1931, entitled, "An Act to Establish the City of Warwick," as amended by chapter 968 of the public laws, 1940, and by chapter 2326 of the public laws, 1949, {ADD and chapter 150 of the public laws, 1960 ADD} is hereby amended in its entirety to read as follows:

{ADD Article I. Powers of the City ADD}

{ADD 1-1. Name. ADD}

{ADD 1-2. Body politic. ADD}

{ADD 1-3. Exercise of powers. ADD}

{ADD 1-4. Inclusive nature of powers. ADD}

{ADD Article II. City Council ADD}

{ADD 2-1. Structure and powers. ADD}

{ADD 2-2. Qualifications of members. ADD}

{ADD 2-3. Salary. ADD}

{ADD 2-4. Vacancies. ADD}

{ADD 2-5. Council president. ADD}

{ADD 2-6. Rules and proceedings. ADD}

{ADD 2-7. Time and place of meetings. ADD}

{ADD 2-8. Public meetings. ADD}

{ADD 2-9. Special meetings. ADD}

{ADD 2-10. Notice of special meetings. ADD}

{ADD 2-11. Purpose of special meetings. ADD}

{ADD 2-12. Quorum. ADD}

{ADD 2-13. Notice of adjourned meetings. ADD}

{ADD 2-14. Power of inquiry. ADD}

{ADD 2-15. Consultants. ADD}

{ADD 2-16. Restrictions. ADD}

{ADD 2-17. Powers of committees. ADD}

{ADD 2-18. Ordinances. ADD}

{ADD 2-19. Actions by ordinance. ADD}

{ADD 2-20. Passage of ordinances. ADD}

{ADD 2-21. Passage of amended ordinances. ADD}

{ADD 2-22. Effective date of ordinance. ADD}

{ADD 2-23. Exceptions as to publication. ADD}

{ADD 2-24. Copies of ordinances and resolutions. ADD}

{ADD 2-25. Publication. ADD}

{ADD Article III. Mayor ADD}

{ADD 3-1. Election and term. ADD}

{ADD 3-2. Chief executive and administrative officer. ADD}

{ADD 3-3. Powers and duties. ADD}

{ADD 3-4. Temporary absence. ADD}

{ADD 3-5. Vacancy. ADD}

{ADD 3-6. Salary. ADD}

{ADD 3-7. Veto of ordinances. ADD}

{ADD 3-8. Passage of ordinances over veto. ADD}

{ADD 3-9. Item veto. ADD}

{ADD 3-10. Privileges. ADD}

{ADD Article IV. Nominations and Elections ADD}

{ADD 4-1. Number of wards. ADD}

{ADD 4-2 -- 4-10. Reserved ADD}

{ADD 4-11. Alteration of ward lines. ADD}

{ADD 4-12. City elections. ADD}

{ADD 4-13. Manner of holding elections. ADD}

{ADD 4-14. Qualifications. ADD}

{ADD 4-15. Term of office. ADD}

{ADD 4-16. Primary elections. ADD}

{ADD Article V. Budget ADD}

{ADD 5-1. Fiscal year. ADD}

{ADD 5-2. Submission of budget. ADD}

{ADD 5-3. Public record. ADD}

{ADD 5-4. Public hearing. ADD}

{ADD 5-5. Budgetary powers of the council. ADD}

{ADD 5-6. Adoption of budget. ADD}

{ADD 5-7. Final date for adoption. ADD}

{ADD 5-8. Certified copy of budget. ADD}

{ADD 5-9. Minimum tax levy. ADD}

{ADD 5-10. Budget message. ADD}

{ADD 5-11. Capital projects. ADD}

{ADD 5-12. Budget contents. ADD}

{ADD 5-13. Classification of revenue. ADD}

{ADD 5-14. Revenue schedules. ADD}

{ADD 5-15. Classification of surplus. ADD}

{ADD 5-16. Miscellaneous revenues. ADD}

{ADD 5-17. Utility receipts and expenditures. ADD}

{ADD 5-18. Restrictions: Miscellaneous revenues. ADD}

{ADD 5-19. Special assessment revenue. ADD}

{ADD 5-20. Anticipated new revenue. ADD}

{ADD 5-21. Expenditure classification. ADD}

{ADD 5-22. Expenditure schedules. ADD}

{ADD 5-23. Emergency appropriations. ADD}

{ADD 5-24. Expenditure limitations. ADD}

{ADD 5-25. Lapse of appropriations. ADD}

{ADD 5-26. Fees property of city. ADD}

{ADD Article VI. Department of Finance ADD}

{ADD 6-1. Department of finance. ADD}

{ADD 6-2. Qualifications, director of finance. ADD}

{ADD 6-3. Duties and responsibilities. ADD}

{ADD 6-4. Annual work program. ADD}

{ADD 6-5. Authorization of expenditures. ADD}

{ADD 6-6. Transfers. ADD}

{ADD 6-7. Powers. ADD}

{ADD 6-8. Division of assessment. ADD}

{ADD 6-9. Division of purchases. ADD}

{ADD 6-10. Division of treasury. ADD}

{ADD 6-11. Competitive bidding. ADD}

{ADD 6-12. Purchases in excess of $1,000. ADD}

{ADD 6-13. Requisitions. ADD}

{ADD 6-14. Execution of contracts. ADD}

{ADD 6-15. Division of personnel. ADD}

{ADD 6-16. Division of collections. ADD}

{ADD Article VII. Borrowing ADD}

{ADD 7-1. Emergency notes. ADD}

{ADD 7-2. Tax anticipation notes. ADD}

{ADD 7-3. Special revenue notes. ADD}

{ADD 7-4. Demand notes prohibited. ADD}

{ADD 7-5. Notes to be sold at not less than par. ADD}

{ADD 7-6. Borrowing in anticipation of bonds. ADD}

{ADD 7-7. Bond ordinances. ADD}

{ADD 7-8. Referendum. ADD}

{ADD 7-9. Bond anticipation notes. ADD}

{ADD 7-10. Debt statement. ADD}

{ADD 7-11. Payment of bonds. ADD}

{ADD 7-12. Period of usefulness. ADD}

{ADD 7-13. Method of sale of bonds. ADD}

{ADD 7-14. Validity of bond ordinances. ADD}

{ADD 7-15. Remaining balances from sale of bonds. ADD}

{ADD 7-16. Obligations of the city. ADD}

{ADD Article VIII. Departments, Boards and Commissions ADD}

{ADD 8-1. Directors. ADD}

{ADD 8-2. Divisions. ADD}

{ADD 8-3. Transfer of functions. ADD}

{ADD 8-4. Law department. ADD}

{ADD 8-5. Department of public works. ADD}

{ADD 8-6. Board of public safety. ADD}

{ADD 8-7. Department of building inspection. ADD}

{ADD 8-8. Department of human services. ADD}

{ADD 8-9. Water department. ADD}

{ADD 8-10. Department of recreation. ADD}

{ADD 8-11. Planning department. ADD}

{ADD 8-12. Planning board. ADD}

{ADD 8-13. City clerk. ADD}

{ADD 8-14. Probate court. ADD}

{ADD 8-15. Board of canvassers. ADD}

{ADD 8-16. Zoning board of review. ADD}

{ADD 8-17. Board of assessment review. ADD}

{ADD 8-18. City sergeant. ADD}

{ADD 8-19. Additional boards. ADD}

{ADD 8-20. Additional. departments. ADD}

{ADD 8-21. Filing of vacancies. ADD}

{ADD 8-22. Warwick Public Library. ADD}

{ADD Article IX. Public Education ADD}

{ADD 9-1. School committee. ADD}

{ADD 9-2. School committee nominations. ADD}

{ADD 9-3. Filling of vacancies. ADD}

{ADD 9-4. Chairman. ADD}

{ADD 9-5. Powers and duties. ADD}

{ADD 9-6. Superintendent of schools. ADD}

{ADD 9-7. Appointments and removals. ADD}

{ADD 9-8. Budget estimates. ADD}

{ADD 9-9. Purchases. ADD}

{ADD 9-10. Restrictions. ADD}

{ADD 9-11. Maintenance. ADD}

{ADD 9-12. Financial report. ADD}

{ADD 9-13. Compensation. ADD}

{ADD 9-14. Meetings. ADD}

{ADD 9-15. Alteration of school committee election districts. ADD}

{ADD Article X. General Provisions: Succession in Government ADD}

{ADD 10-1. Public records. ADD}

{ADD 10-2. Financial interest. ADD}

{ADD 10-3. Penalties. ADD}

{ADD 10-4. Limitations on employment. ADD}

{ADD 10-5. Bond. ADD}

{ADD 10-6. Assignment of functions. ADD}

{ADD 10-7. Existing ordinances. ADD}

{ADD 10-8. Rights and obligations of the city. ADD}

{ADD 10-9. Pending actions. ADD}

{ADD 10-10. Previous offices, departments and agencies. ADD}

{ADD 10-11. Legislative powers. ADD}

{ADD 10-12. Fiscal year. ADD}

{ADD 10-13. Rights of officers and employees. ADD}

{ADD 10-14. Continuance of present officers. ADD}

{ADD 10-15. Transfer of records and property. ADD}

{ADD 10-16. Continuance of officers, departments, or agencies. ADD}

{ADD 10-17. Continuance of contracts. ADD}

{ADD 10-18. Continuance of actions and proceedings. ADD}

{ADD 10-19. Effective date of charter. ADD}

{ADD 10-20. Transfer of appropriations. ADD}

{ADD 10-21. Definitions. ADD}

{ADD 10-22. Conflicting provisions. ADD}

{ADD 10-23. Digest on ballot. ADD}

{ADD 10-24. Minority representation. ADD}

{ADD 10-25. Separability. ADD}

{ADD 10-26. Titles and sub-titles. ADD}

{ADD 10-27. Amendments. ADD}

{ADD 10-28. Gender neutral. ADD}

{ADD 10-29 Codifying the charter. ADD}

ARTICLE I. POWERS OF THE CITY

1-1. Name.

The name of the city shall be "City of Warwick."

1-2. Body politic.

The inhabitants of the city shall continue to be a body corporate and politic and such shall have, exercise, and enjoy all of the rights, immunities, powers, and privileges, and shall be subject to all the duties and obligations pertaining to and incumbent upon the city as a municipal corporation.

1-3. Exercise of powers.

All powers of the city shall be exercised in the manner prescribed by this charter, or, if not so prescribed, in such manner as shall be provided by ordinance or resolution of the council.

1-4. Inclusive nature of powers.

The enumeration of any particular power in this charter shall be in no case held to be exclusive. All such powers shall be construed as in addition and supplementary to the powers conferred in general terms.

ARTICLE II. CITY COUNCIL

2-1. Structure and powers.

The legislative powers of the city shall be vested in the City Council. The City Council shall consist of nine members who shall be elected at the general election in each even year for a term of two (2) years. One member of the council shall be elected from each of the nine wards, and members shall be residents of the wards they represent.

2-2. Qualifications of members.

The council shall be the judge of the qualifications and election of its own members subject to review by the courts on questions of fact and law.

2-3. Salary.

Members of the council to serve first under this charter shall receive an annual salary of eight hundred dollars ($800.00) or such other salary as may be prescribed by ordinance. The salary of any member shall not be changed during the term of office for which he was elected.

2-4. Vacancies.

If a vacancy occurs in the office of councilman more than one hundred eighty (180) days before the time of holding the next succeeding general election, the canvassing authority shall forthwith call a special election for the purpose of filling such vacancy for the remainder of the term. If any such vacancy occurs one hundred eighty (180) days, or less, before the time of holding the next succeeding regular city election, the council may in its discretion direct the canvassing authority to call a special election for said purpose, to be held according to law.

2-5. Council president.

{ADD At the first meeting of the term, ADD} {DEL T DEL} {ADD t ADD}he council shall elect one of its members as president of the council {ADD to serve for the entire term ADD}. The president shall have the right to vote {DEL . He DEL} {ADD and ADD} shall preside at all meetings of the council {DEL and, in his absence, the council. shall elect an acting president for the time being. DEL} {ADD . At the first meeting of the term, the council shall also elect one of its members as president pro-tem, to serve for the entire term. The president pro-tem shall act as president when the president is temporarily absent. If there is a permanent vacancy in the office of president due to resignation, death, disability or other cause, then the council shall elect another of its members to serve as president for the remainder of the term, with said election to take place at the same meeting at which council finds their permanent vacancy to exist by either accepting the resignation or acknowledging the death, disability or other cause. ADD} The president of the council shall receive an annual salary {DEL of $150.00 DEL} {ADD to be established by ordinance ADD} in addition to such other compensation prescribed for members of the council.

2-6. Rules and proceedings.

The council by resolution shall determine its own rules and order of business and shall keep a journal of its proceedings which shall be open to public inspection in the office of the city clerk.

2-7. Time and place of meetings.

The council shall determine the time and place of its regular meetings. The first meeting of a newly elected council shall be held on the first day of the new term of office and the mayor shall preside until a council president shall be elected. {ADD All meetings shall be held within the City of Warwick, unless prohibited from doing so by an emergency situation. ADD}

2-8. Public meetings.

All meetings of the council shall be open to the public, and citizens shall have a reasonable opportunity to be heard on such matters as the council determines require public hearings, in such manner and subject to such restrictions as the rules of the council may provide.

2-9. Special meetings.

A special meeting of the council shall be called by the city clerk at the request of the mayor, the council president, or a majority of the members of the council.

2-10. Notice of special meetings.

Notice of a special meeting shall be served in person upon or left at the usual place of residence of each member of the council and the mayor at least {DEL twenty-four (24) DEL} {ADD forty-eight (48) ADD} hours previous to the time of such meeting. The council may meet upon shorter notice {DEL by unanimous consent of all of its members which shall be entered in the record of proceedings DEL} {ADD at times of emergency ADD}.

2-11. Purpose of special meetings.

The purpose of a special meeting shall be stated in the notice of the meeting. No business shall be considered at any special meeting other than that stated in the notice except by unanimous consent and unless all members of the council are present.

2-12. Quorum.

A majority of the total number of members of the council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time.

2-13. Notice of adjourned meetings.

At least twenty-four (24) hours notice, as defined in 2-10, of the holding of an adjourned meeting shall be given to all members who were not present at the meeting from which adjournment was taken.

2-14. Power of inquiry.

The council shall have power by resolution to inquire into the conduct of any officer, department or agency of the city and to make an investigation relating to city affairs and for such purpose may subpoena witnesses, administer oaths, and compel the production of books, records, papers and other evidence.

2-15. Consultants.

The council may authorize by resolution employment of any professional or technical consultants within the limits of appropriations provided for such purpose.

2-16. Restrictions.

No member of the council shall vote in the matter of any contract, franchise, job, work or service or the purchase, sale or lease of any property by or for the city in which he is interested directly or indirectly, nor shall he take any official action relating thereto. All such transactions shall be by the authority of the council with the interested member not voting.

2-17. Powers of committees.

Any committee of the council may investigate and report on any matter referred to it and make a recommendation thereon but no committee shall have any executive or legislative powers and all matters shall be determined by the council as a whole.

2-18. Ordinances.

The council shall have authority to enact ordinances for the preservation of the public peace, morals, health, safety, comfort and welfare of the inhabitants of the city and for the protection of persons and property. The affirmative vote of a majority of all members of the council shall be required to enact ordinances.

2-19. Actions by ordinance.

In addition to such acts of the council as are required by statute or by this charter to be by ordinance, every act of the council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness, shall be by ordinance.

2-20. Passage of ordinances.

An ordinance shall require passage at two council sessions before it shall become effective.

2-21. Passage of amended ordinances.

An amended ordinance shall require passage at two council sessions before it shall become effective. The second passage of any ordinance pursuant to this charter shall be final and no further passage shall be required.

2-22. Effective date of ordinance.

Within ten (10) days after final passage every ordinance shall be published in full at least once in a public newspaper of general circulation in the city of Warwick and unless it shall specify another date, shall become effective at the expiration of twenty (20) days after such publication following final passage, or, if the ordinance be submitted at a referendum election, then upon a favorable vote of a majority of those voting thereon.

2-23. Exceptions as to publication.

Notwithstanding the provisions of 2-22, ordinances establishing regulations for the construction of buildings, the installation of plumbing, the installation of electric wiring, or any similar construction code, need not be published in newspaper after final passage. At least three correct copies of the ordinance as passed shall be made available to public inspection in the office of the city clerk. In lieu of publication of the ordinance, there shall be published a notice, describing the ordinance in brief and general terms and stating that the ordinance is available for public inspection at the office of the city clerk, and that it shall effect twenty (20) days after such publication.

2-24. Copies of ordinances and resolutions.

A copy of all ordinances and resolutions and of all amendments to and revisions of the same shall be kept on file in the office of the city clerk and shall be open to public inspection.

2-25. Publication.

The council shall provide for the printing, publication and distribution of the charter and ordinances of the city and may require that a reasonable charge be made for copies thereof.

ARTICLE III. MAYOR

3-1. Election and term.

There shall be a mayor who shall be elected at the general election in each even year for a term of two (2) years, and until his successor is elected and qualified.

3-2. Chief executive and administrative officer.

The mayor shall be the chief executive and administrative officer of the city and shall be responsible for the administration and management of all offices, departments, and agencies except as otherwise provided by this charter.

3-3. Powers and duties.

It shall be the duty of the mayor and he shall be required to:

(1) Appoint and, when necessary for the good of the service, remove all officers

and employees of the city except as otherwise provided by this charter and

except as he may authorize the head of a department or office to appoint and

remove subordinates in such department or office;

(2) Prepare the budget annually and submit it to council and be responsible for its

administration after adoption;

(3) {DEL Prepare and s DEL} {ADD S ADD}ubmit to the council {DEL as of the end DEL} {ADD within ninety (90) days after the ADD} {ADD close ADD} of the fiscal year {DEL a complete report on the finances and administrative DEL} {DEL activities of the city for the preceding year; DEL} {ADD a projected financial statement and ADD} {ADD ADD} {ADD within six (6) months of the close of the fiscal year, an audited complete financial ADD} {ADD statement on the finances and administrative activities of the city for the preceding ADD}

{ADD year; ADD}

(4) Keep the council advised of the financial condition and future needs of

the city and make such recommendations as may seem to him desirable;

(5 ) Perform such other duties as may be required of him by ordinance or

resolution of the council not inconsistent with this charter;

(6 ) In the event of a disaster, catastrophe or other similar event the mayor shall

have the power and authority to declare a municipal emergency and to take

whatever action he deems necessary to protect the health, safety and

security of the city and its inhabitants.

3-4. Temporary absence.

In the event of the temporary absence or disability of the mayor, the resident [president] of the council shall act as mayor, for the time being until the mayor shall return to his duties or until his disability shall cease.

3-5. Vacancy.

If a vacancy occurs in the office of mayor more than one hundred eighty (180) days before the time of holding the next succeeding regular city election the canvassing authority shall forthwith call a special election for the purpose of filling such vacancy for the remainder of the term. If any such vacancy occurs one hundred and eighty (180) days or less, before the time of holding the next succeeding general election, the council may in its discretion direct the canvassing authority to call a special election for said purpose. The council president shall serve as acting mayor until the mayor is duly elected.

3-6. Salary.

The mayor shall receive an annual salary of $10,000 or such other salary as may be prescribed by ordinance which salary shall not be increased or diminished during the term of office for which he was elected.

3-7. Veto of ordinances.

Every ordinance passed by the council shall be submitted to the mayor who, within ten (10) consecutive days, either shall approve the ordinance by affixing his signature or shall return the ordinance to the council by transmitting it to the city clerk with a statement of his disapproval setting forth his objections.

3-8. Passage of ordinances over veto.

No ordinance shall take effect without the approval of the mayor unless (1) the mayor shall fail to sign the ordinance or to return it to the council within ten (10) consecutive days after its passage; or (2) the council upon immediate reconsideration shall approve the ordinance by the affirmative votes of at least six (6) of its members notwithstanding the disapproval of the mayor.

3-9. Item veto.

The mayor may disapprove any {DEL individual item DEL} {ADD changes made by the city council ADD} in a budget or appropriation ordinance other than school appropriations in the manner provided for disapproval {DEL of an ordinance DEL} {ADD in section 5-6. A separate disapproval shall be necessary for each category of changes voted upon by the Council as set forth in section 5-5. ADD}

3-10. Privileges.

The mayor shall have the right to take part in the discussion coming before the council, school committee, and municipal governing boards. and the department head and other officers may be invited to take part in all discussions of the council relating to their respective offices, departments or agencies.

ARTICLE IV. NOMINATIONS AND ELECTIONS

4-1. Number of wards.

The city shall consist of nine (9) wards.

4-2--4-10. * Inclusive.

[See reapportionment resolutions R66-133 and R66-168.] (Ch. 191, section 7, P.L. 1966)

4-11. Alternation of ward lines.

The city council shall, by resolution, following the 1965 special census, realign the nine wards of the city of Warwick to create nine wards as nearly equal in population as possible. (Ch. 191, section 2, P.L. 1966)

4-12. City elections.

A regular city election shall be held on Tuesday following the first Monday in November of the even numbered years. A special election may be held at any time at the order of the city council, or as otherwise provided in this charter.

4-13. Manner of holding elections.

Regular and special elections shall be held under the supervision of the board of canvassers in the manner provided by statute.

4-14. Qualifications.

Each candidate for elective office in the city shall be a qualified elector for the respective office, and a resident of the city.

4-15. Term of office.

The term of office of all city officers elected by the people at the general election shall date from the first Tuesday, following the first day of January, after the general election. The term of office of all city officers elected by the people at a special election shall date from the twelfth (12th) day following the date of the election.

4-16. Primary elections.

Party primaries for the nomination of candidates for the offices of mayor and members of the city council shall be held in each voting district in accordance with the laws of the state.

ARTICLE V. BUDGET

5-1. Fiscal year.

The fiscal year of the city government shall begin on the first day of February in one calendar year and end on the last day of January in the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year.

5-2. Submission of budget.

At least {DEL thirty (30) DEL} {ADD forty-five (45) ADD} days prior to the beginning of each fiscal year, the mayor shall submit to the council a budget and an explanatory budget message in the form and with the contents provided by this article. The finance department shall assist the mayor in compiling the budget and, for such purpose, at such date as the mayor shall determine, the director of finance shall obtain from the head of each office, department or agency estimates of revenue and expenditure at the office, department or agency, detailed by organization units and character and object of expenditure, and such other supporting data as he may request; together with an estimate of all capital projects pending or which such department head believes should be undertaken (1) within the fiscal year and (2) within the next five succeeding years. In preparing the budget, the mayor shall review the estimates, shall hold departmental hearings thereon and may revise the estimates, as he may deem advisable.

5-3. Public record.

The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk open to public inspection by anyone. The mayor shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons.

5-4. Public hearing.

Before adopting the annual budget, the city shall give the taxpayers public notice seven days in advance of the date, time and place when the public may be heard by the city council on all matters concerning appropriations and the proposed budget. Copies of the budget shall be made available to the public seven days before the public hearing.

5-5. Budgetary powers of the council.

The council may insert new items or may increase or decrease the items of the budget, except items in proposed expenditures fixed by law. {ADD Changes shall be grouped by office, department or agency and voted upon by such category. ADD} The council may not vary the titles, descriptions or conditions of the administration specified in the budget. If the council shall increase the total expenditures, it shall also increase the total tax levy to at least equal such increased proposed expenditures.

5-6. Adoption of budget.

The budget shall be adopted by the favorable votes of at least a majority of all the members of the council, and upon adoption, with approval of the mayor, shall become and have the full force of the annual appropriation ordinance for the ensuing fiscal year. {ADD If any items in the budget originally submitted by the mayor are changed in the budget adopted by the council, the city clerk shall immediately report such changes to the mayor. Within four (4) days after the adoption of the budget, with changes, the mayor shall certify to the city clerk the approval or disapproval of such changes by office, department or agency. Such changed items as are approved by the mayor shall thereupon become part of the adopted budget. If the mayor disapproves any changed items, he shall include in his message of disapproval a statement of the reasons therefore, and the city clerk shall immediately present such message of disapproval to the council. ADD}

{ADD Not later than the fifteenth (15th) day of the last month of the current fiscal year, the council shall reconsider by office, department, or agency, the changed items disapproved by the mayor, and if upon such reconsideration the council shall override the mayor's disapproval by an affirmative roll call vote of at least six (6) members of the council, such changed items, by office, department, or agency, shall thereupon become part of the adopted budget. Otherwise, such items as they appeared in the budget submitted by the mayor shall become part of the adopted budget. ADD}

5-7. Final date for adoption.

The budget for the ensuing fiscal year shall be {DEL finally DEL} adopted not later than the {DEL fifteenth DEL} eighth (8th) day of the last month of the current fiscal year. Should the council take no final action on or prior to such day, the budget, as submitted by the mayor, shall be deemed to have been finally adopted by the council. {ADD However the adoption of the budget on or before the eighth (8th) day of the last month of the current fiscal year, with items changed, shall not be deemed a failure to adopt the budget. ADD}

5-8. Certified copy of budget.

A copy of the budget, as finally adopted, shall be certified by the mayor and city clerk and filed in the office of the city clerk. The budget so certified shall be printed, mimeographed, or otherwise reproduced and sufficient copies thereof shall be made available for the use of all office departments, and agencies and for the use of interested persons.

5-9. Minimum tax levy.

From the effective date of the budget, the amount stated therein as the amount to be raised by property tax shall constitute a determination of the minimum amount of the levy for the purposes of the city, in the corresponding tax year.

5-10. Budget message.

The budget message submitted by the mayor to the council shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the city for the fiscal year and shall describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous year in cost and revenue items and shall explain any major changes in financial policy.

5-11. Capital projects.

As a part of the budget message, with relation to the proposed expenditures for capital projects stated in the budget, the mayor shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts proposed to be raised therefor by the issuance of bonds during the fiscal year. The mayor shall also include in the message, or attach thereto, a capital program of proposed capital projects for the next five fiscal years, prepared by the planning department and any estimates of costs prepared by the department of public works or other office, department, or agency. For the use of the planning department in preparing such capital program, copies of departmental estimates of capital projects, filed with the director of finance pursuant to 5-2 shall be filed with the department.

5-12. Budget contents.

The budget shall provide a complete financial plan for the fiscal year. It shall contain:

(1) A general summary of the principal sources of anticipated revenue with amounts to be raised from each source;

(2) Detailed estimates of all anticipated revenues applicable to proposed expenditures; and

(3) All proposed expenditures. The total of such anticipated revenues shall equal the total of such proposed expenditures.

5-13. Classification of revenue.

Anticipated revenues shall be classified as "surplus," "miscellaneous revenues," and "amount to be raised by property tax"; miscellaneous revenues shall be subclassified by sources and shall be estimated as hereinafter prescribed.

5-14. Revenue schedules.

The budget shall include the amount of each revenue item in the budget of the last completed fiscal year, the amounts of such items actually received during the year, the amount of such item in the budget of the current fiscal year, the amount actually received to the time of preparing the budget, and receipts for the remainder of the current fiscal year estimated as accurately as may be.

5-16. Miscellaneous revenues.

Miscellaneous revenues shall include anticipated revenues from the collection of taxes other than the general property tax; the amount of state aid to be received; the amount by which the city is expected to benefit from taxes collected by the state; the amounts estimated to be received from services and sales, fines and forfeitures, pension assessments, special assessments, and any other special or nonrecurring sources.

5-17. Utility receipts and expenditures.

The anticipated revenues and proposed expenditures of each utility or other public service enterprise owned, or operated, by the city, shall be stated in a separate section of the budget; and as to each such utility, and anticipated surplus, if legally available for general purposes, shall be stated as an item of miscellaneous revenue in the budget.

5-18. Restrictions: Miscellaneous revenues.

No miscellaneous revenue from any source shall be included in an anticipated revenue in the budget in an amount in excess of the average of the amount actually realized in cash from the same source in the next preceding fiscal year, and that actually realized in the first ten months of the current fiscal year plus that to be received in the remaining two months of the year estimated as accurately as may be, unless the mayor and the director of finance shall determine that the facts clearly warrant the expectation that such excess amount will actually be realized in cash during the fiscal year and shall certify such determination in writing to the council.

5-19. Special assessment revenue.

Revenues from the collection of special assessments on property specially benefited shall not be stated in an amount which is in excess of the amount of the receipts so derived which it is estimated will held in cash on the first day of the fiscal year.

5-20. Anticipated new revenue.

No revenue from a new source not previously stated in the budget shall be included unless the mayor and the director of finance shall determine that the facts clearly warrant the expectation that such revenue shall be actually realized in cash during the fiscal year in the amount stated and shall certify such determination in writing to the council.

5-22. Expenditure schedules.

The budget shall include the amount of each expenditure item in the budget of the last completed fiscal year, the amount of such items actually expended during such year, the amount of each item in the budget of the current year, the amount actually expended to the time of preparing the budget and the expenditures for the remainder of the current fiscal year estimated as accurately as may be.

5-23. Emergency appropriations.

At any time in any fiscal year, the council may make emergency appropriations to meet a pressing need for public expenditure, for other than a regular or recurring requirement, to protect the public health, safety, or welfare. Such appropriation shall be by resolution adopted by the favorable votes of at least five (5) members of the council, and shall be made only upon recommendation of the mayor.

5-24. Expenditure limitations.

No office, department, or agency shall expend any money or incur any liability or enter into any agreement which by its terms involves the expenditure of money during the fiscal year in excess of the amounts appropriated, other than for capital improvements to be financed in whole or in part by the issuance of bonds. Any contract, verbal, or written, made in violation of this chapter shall be null and void.

5-25. Lapse of appropriations.

All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered.

5-26. Fees property of city.

All fees received by any officer or employee shall belong to the city government and shall be paid daily to the department of finance.

ARTICLE VI. DEPARTMENT OF FINANCE

6-1. Department of finance.

There shall be a department of finance the head of which shall be the director finance, who shall be appointed by the mayor, and shall serve at the pleasure of the mayor.

6-2. Qualifications, director of finance.

The director of finance shall have had such training and experience in accounting, budgeting, or management, either in public or private business, as will qualify him for the duties which he is required to perform.

6-3. Duties and responsibilities

The director of finance shall have charge of the administration of the financial affairs of the city and to that end he shall have authority and shall be required, acting through the proper division of the department to:

(1) Assist the mayor in the preparation of the annual budget;

(2) Supervise and be responsible for the disbursement of all monies and have control over all expenditures in accordance with the budget appropriations;

(3) Maintain and be responsible for a general accounting system for the city government and each of its offices, departments, and agencies; keep books for, and exercise financial budgetry control over each office, department, and agency; and establish such systems of financial controls as he deems necessary;

(4) Submit to the mayor, {DEL as of the end of each fiscal year, a complete financial statement DEL} {ADD and city council within ninety (90) days after the close of the fiscal year, a projected financial statement and within six (6) months of the close of the fiscal year, an audited complete financial statement ADD};

(5) Supervise and be responsible for the assessment of all property within the corporate limits of the city for taxation, make all special assessments for the city government, prepare tax maps and give such notice of taxes and special assessments as may be required by law;

(6) Bill and collect all taxes, water fees and charges, sewer charges and assessments, special assessments, license fees and all other revenues of the city or for whose collection the city is responsible and receive all money receivable by the city from the state or federal government, or from any court, or from any office, department, or agency of the city;

(7) Have custody of all public funds belonging to or under the control of the city, or any office, department, or agency of the city government, and deposit all funds coming into his hands in such depositories as may be designated by resolution of the council, or, if no such resolution be adopted, by the mayor, subject to the requirements of law as to surety and the payment of interest on deposits, but all such interest shall be the property of the city and shall be accounted for and credited to the proper account;

(8) Make investments subject to {DEL approval of the council, DEL} {ADD rules and regulations that the council may prescribe by ordinance, ADD} have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds and notes of the city and the receipt and delivery of city bonds and notes for transfer, registration, or exchange;

(9) Supervise and be responsible for the purchase, storage, and distribution of all supplies, materials, equipment, and other articles used by any office, department, or agency of the city government;

(10) Approve all proposed expenditures unless there be no unencumbered balance of appropriation and available funds remaining in the budget against which such expenditure may be charged.

6-4. Annual work program.

Before the beginning of the fiscal year, the head of each office, department, or agency shall submit to the mayor, through the director of finance a work program for the year, which program shall show the requested allotments of the appropriations for such office, department, or agency, by monthly periods, for the entire fiscal year. The mayor shall review the requested allotments in the light of the work programs as submitted and may revise, alter, or change such allotments as they pertain to any office, department, or agency before approving the same. The aggregate of such allotments shall not exceed the total appropriation available to said office, department, or agency for the fiscal year.

6-5. Authorization of expenditures.

The mayor shall file a copy of all allotments as approved by him with the director of finance, who shall authorize all expenditures for the offices, departments and agencies in accordance therewith and not otherwise. An approved allotment may be revised during the fiscal year in the same manner as the original allotment was made. If, at any time during the fiscal year, the director of finance shall ascertain that the total available income will be less than the total appropriations he shall, with the approval of the mayor, cause the work programs and allotments of the several offices, departments, and agencies to be reconsidered and revise the allotments so as to forestall the making of expenditures in excess of the said total income.

6-6. Transfers.

The director of finance, subject to approval by the mayor, may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications expenditures within an office, department, or agency. At the request of the mayor and within the last three months of the fiscal year, the council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another.

6-7. Powers.

The director of finance shall have power and shall be required to:

(1) Prescribe the forms of receipts, vouchers, bills, or claims to be used by all offices, departments, and agencies of the city government;

(2) Examine and approve all contracts, orders, and other documents by which the city government incurs financial obligations, having previously ascertained that monies have been appropriated and allotted and will be available when the obligations shall become due and payable;

(3) Audit and approve before payment all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the city government and with the advice of the department of law determine the regularity, legality, and correctness of such claims, demands, or charges;

(4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department, or agency of the city government apart from or subsidiary to the accounts kept in his office.

6-8. Division of assessment.

There shall be in the finance department a division of assessment, the head of which shall be the city assessor, who shall be appointed by the director of finance and shall serve at the pleasure of the finance director.

The city assessor shall:

(1) Be responsible for the fixing of an equitable assessed valuation on all property not expressly exempt by law from taxation;

(2) Prepare an assessment roll and a tax roll for the city, a true copy of which shall be presented to the director of finance who shall make the assessment roll available to public inspection.

6-9. Division of purchases.

There shall be established in the department of finance a division of purchases, the head of which shall be the city purchasing agent who shall be appointed by the director of finance.

The purchasing agent shall:

(1) Pursuant to rules and regulations established by ordinance, contract for, purchase, store and distribute all supplies, materials and equipment required by any office, department, or agency of the city government;

(2) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government;

(3) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipments, and determine their quality, quantity, and conformance with specifications;

(4) Have charge of such general storerooms and warehouses as the council may provide by ordinances;

(5) Transfer to or between offices, departments, or agencies, supplies, materials, and equipment, and, subject to the approval of the council, sell surplus, obsolete, or unused supplies, material and equipment.

6-10. Division of treasury.

There shall be within the department of finance a division of treasury the head of which shall be a city treasurer appointed by the director of finance and shall serve at the pleasure of the finance director.

6-11. Competitive bidding.

Before any purchases of or contract for supplies, services, materials, or equipment or contract for any city improvement, opportunity shall be given for competitive bidding under such rules and regulations, and with such exceptions, as the council may prescribe by ordinance; provided, however, that the council shall not accept individual contracts, purchases, or sales from the requirement of competitive bidding.

6-12. Purchases in excess of $1,000.

All purchases and contracts in excess of one thousand dollars ($1,000) and not exceeding {DEL twenty-five hundred dollars ($2,500) DEL} {ADD five thousand dollars ($5,000) ADD} shall be awarded by the purchasing agent to the lowest responsible bidder after such public notice and competition as may be prescribed by council ordinance. The purchasing agent shall have the right to reject any or all bids and advertise for new bids. A series of orders for the same project shall be construed to be one order or contract and the finance department shall disapprove the same as circumventing the requirements of this charter for competitive bidding. The acceptance of any bid for a contract in excess of {DEL twenty-five hundred dollars ($2,500) DEL} {ADD five thousand dollars ($5,000) ADD} shall be subject to the approval of the city council and shall be awarded to the lowest responsible bidder. Alterations in any contract may be made when authorized by the council upon the recommendation of the mayor.

6-13. Requisitions.

All purchases made and contracts executed by the purchasing agent shall be pursuant to a written requisition from the head of the office, department, or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the director of finance certifies that there is to the credit of such office, department, or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment, or contractual services for which the contract order is to be issued.

6-14. Execution of contracts.

No contract shall be executed for the acquisition of any property or the construction of any improvement or betterment to be financed by the issuance of bonds until the ordinance authorizing the issuance of such bonds shall have taken effect and any contract executed before such day shall be unenforceable in any court of law.

6-15. Division of personnel.

The council shall have the authority by ordinance to establish a personnel and merit system for city employees.

{ADD 6-16. Division of collections. ADD}

{ADD There shall be in the finance department a division of collections, the head of which shall be the city collector, which shall be a classified exempt position. ADD}

{ADD The city collector shall: ADD}

{ADD (1) Be responsible for the collection of all annual property taxes, sewer bills, sewer assessment bills, pretreatment bills, and water bills. ADD}

{ADD (2) Conduct tax sales to assure payment of all taxes. ADD}

{ADD (3) Process all tax lien certificates. ADD}

ARTICLE VII. BORROWING

7-1. Emergency notes.

In the absence of unappropriated available revenues to meet emergency appropriations under the provisions of article V of this charter, the council may by resolution authorize the issuance of notes, each of which shall be designated "emergency note" and may be renewed.

7-2. Tax anticipation notes.

In any fiscal year, in anticipation of the collection of property tax for such year, the council may by resolution authorize the borrowing of money by the issuance of negotiable notes

of the city, each of which shall be designated "tax anticipation note for the year ending January 31, 19_______."

7-3. Special revenue notes.

In any fiscal year, in anticipation of the collection of receipt of revenues other than the property tax of that fiscal year, the council may be resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated "special revenue note for the year ending January 31, 19_______." Such notes may be renewed, but all such notes, together with the renewals, shall mature and be paid not later than the end of the fiscal year immediately following the fiscal year in which the original notes shall have been issued.

7-4. Demand notes prohibited.

No notes shall be made payable on demand, but any note may be made subject to redemption prior to maturity on such notice and at such time as may be stated in the note.

7-5. Notes to be sold at not less than par.

All notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale without previous advertisement by the director of finance.

7-6. Borrowing in anticipation of bonds.

The city may borrow money by issuing its negotiable bonds and notes in anticipation of bonds, pledging the credit and property of the city, to finance any capital project which it may lawfully construct or acquire.

7-7. Bond ordinances.

The city shall authorize the issuance of bonds by a "bond ordinance" passed by the affirmative votes of at least six (6) members of the council as provided by this charter and the constitution and laws of Rhode Island. Except to provide for the issuance of refunding bonds, a bond ordinance shall contain in substance at least the following provisions:

(1) An appropriation of a sum of money for a capital project, described in brief and general terms sufficient for reasonable identification;

(2) An authorization of the incurring of indebtedness by the issuance of bonds in a stated amount, pursuant to this charter;

(3) A statement of the estimated maximum cost of the capital project; including any sums theretofore or thereby appropriated;

(4) A determination of the period of usefulness of the project;

(5) A determination of the net debt of the city after issuance of the bonds thereby authorized, together with declaration that the bonds thereby authorized will be within all debt and other limitations prescribed by the constitution and laws of the state of Rhode Island.

The title of a bond ordinance shall state the amount appropriated for an indicated project and the amount of bonds authorized to finance the appropriation. Bond ordinances shall be cited in bonds and notes by title and date of final passage. A bond ordinance shall not combine two or more projects. The procedure for passage of a bond ordinance shall be the same as that for other ordinances as prescribed by sections 3, 4, and 5 of article III of this charter, except that when published after final passage, each bond ordinance shall be accompanied by a notice in substantially the following form:

NOTICE

The bond ordinance published herewith has been finally passed and the twenty-day period of limitation within which a suit, action or proceeding questioning the validity of such ordinance can be commenced as provided in the city charter has begun to run from the date of the first publication of this notice.

_____________________________

City Clerk

7-8. Referendum.

Each bond ordinance shall be submitted to a vote of the electors in accordance with statute at either a general or special election, and no bonds shall be issued pledging the credit of the city unless approved at such general or special election.

7-9. Bond anticipation notes.

In anticipation of the issuance of bonds approved pursuant to this article, the council may by resolution authorize the issuance of negotiable notes. Each note shall be designated "bond anticipation note" and may be renewed, providing, however, that any notes issued after the completion of the project for which an issuance of bonds was approved, shall be paid in the same manner as provided for the payment of the bond issue in anticipation to which said notes were originally issued.

7-10. Debt statement.

In connection with any bond ordinance and prior to the date of introduction thereof, the director of finance shall prepare and file for public inspection in the office of the city clerk, a special debt statement which shall set forth (1) the aggregate principal amount of all outstanding bonds and notes of the city, (2) deductions permitted by the constitution and general laws, (3) the amount of the existing net indebtedness, (4) the amount of the net indebtedness after the issuance of the bonds authorized by such bond ordinance and (5) the aggregate principal amount of bonds and notes which the city may issue, pursuant to law.

7-11. Payment of bonds.

All bonds issued pursuant to this charter shall be paid in equal or diminishing annual installments. The first annual installment shall be paid not more than one (1) year after the date on which said bonds were issued. The last annual installment of each authorized issue of bonds shall be paid not later than the expiration of the period of usefulness as determined in the bond ordinance authorizing the issuance of the bonds, but in no event for a period exceeding thirty (30) years.

7-12. Period of usefulness.

The period of usefulness of each project financed by an authorized issuance of bonds as prescribed by this charter shall be as determined by certificate of the engineer or architect as approved by the mayor and shall be stated in the bond ordinance. The period of usefulness shall be computed from the date such issuance of bonds shall be approved by the electors as provided in 7-8. The determination of the council, in the bond ordinance, as to the period of usefulness, shall be conclusive in any action or proceeding involving the validity of the bonds.

7-13. Method of sale of bonds.

All bonds issued under this charter shall be sold at public sale upon sealed proposals after at least ten (10) days notice published at least once in a publication carrying municipal bond notices and devoted primarily to financial news or to the subject of state and municipals bonds, distributed in the state of Rhode Island and at least ten (10) days notice published at least once in a public newspaper having a general circulation in the city of Warwick.

7-14. Validity of bond ordinances.

When twenty (20) days shall have elapsed after the publication after final passage of a bond ordinance as provided by this charter, (1) any recitals or statements of fact contained in such bond ordinance, or in the preambles or recitals thereof, shall be deemed to be true for the purpose of determining the validity of the bonds thereby authorized and the city and all others interested shall forever thereafter be stopped from denying the same; (2) such bond ordinance shall be conclusively presumed to have been duly and regularly passed by the city and to comply with the provisions of this charter and of all laws; and (3) the validity of such bond ordinance shall not thereafter be questioned by either a party plaintiff or a party defendant, except in a suit, action or proceeding commenced prior to the expiration of such twenty (20) days.

7-15. Remaining balances from sale of bonds.

Any balance remaining from the sale of bonds issued in accordance with this article after the project as described in the bond ordinance authorizing the issuance of such bonds shall have been completed and full payment shall have been made thereon, shall be held separate from all other funds of the city, and shall be used only toward the final payment of the bonds so issued.

Such amounts shall not be included in any budget receipts as revenue except in the fiscal year in which final payment of said bonds is due. Such funds may be held in approved depositories or may be invested in obligations of the United States or in bonds of the city of Warwick maturing not later than the year in which such funds may be included in budget receipts for a fiscal year. Any income received from such investments shall be added to such funds held for final payment of said issue of bonds in the same manner as prescribed for the amounts originally remaining from such bond issues. No portion of any such funds shall be invested in tax anticipation notes, bond anticipation notes, or special revenue or emergency notes of the city.

7-16. Obligations of the city.

The power and obligation of the city to pay any and all bonds and notes hereafter issued by it pursuant to this charter shall be unlimited and the city shall levy ad valorem taxes subject to statute upon all the taxable property within the city for the payment of such bonds or notes and interest thereon. The faith and credit of the city is hereby pledged for the payment of the principal of and the interest on all bonds and notes of the city hereafter issued pursuant to this charter, whether or not such pledge be stated in the bonds or notes, or in the bond ordinance authorizing their issuance.

ARTICLE VIII. DEPARTMENTS, BOARDS AND COMMISSIONS

8-1. Directors.

At the head of each department shall be director, who shall be an officer of the city and shall have supervision and control of the department subject to the mayor.

8-2. Divisions.

The work of each department may be distributed among such divisions thereof as may be established herein by this charter or ordinance upon the recommendation of the mayor.

8-3. Transfer of functions.

The mayor may transfer by executive order any functions and duties from one department to another except such functions and duties as are assigned by this charter to a particular department or board or where established by ordinance to a particular department or board.

8-4. Law department.

There shall be a law department, the head of which shall be the city solicitor who shall be appointed by the mayor {ADD with the advice and consent of the city council ADD} and shall serve at the pleasure of the mayor. The city solicitor shall be an attorney-at-law in good standing who has been admitted to practice in the state at least five (5) years prior to his appointment.

The city solicitor shall be attorney for the city and legal advisor of the council {ADD if requested, ADD} and of all officers, departments and agencies. The city solicitor shall perform such other duties as may be prescribed by the council. {ADD The city solicitor will have the authority to appoint additional assistant solicitors as needed, or engage a law firm to perform the legal services for the city. ADD}

The city solicitor shall supervise and maintain a codification of the ordinances of the city of a substantive character which are appropriate for continuation as local laws, but the original copies of all ordinances shall remain in the office of the city clerk during such codification. All legal opinions furnished to the council and to all city officers, departments and agencies, shall be in writing and filed with the city clerk, as a public record, together with the resolution letter or other memorandum requesting the opinion.

8-5. Department of public works.

There shall be a department of public works, the head of which shall be the director of public works who shall be appointed by the mayor and shall serve at the pleasure of the mayor.

The department of public works shall be responsible for the functions and services of the city relating to highways, engineering, street lighting, public parking lots, waste disposal, sewers, and such other public works activities as may be defined by ordinance. All public works activities of the city shall be performed by said department unless otherwise provided by this charter.

The department shall have charge of the construction, reconstruction, alteration, repair, maintenance, operation, and engineering relating to the several functions and services within its jurisdiction.

The department shall have charge of the maintenance and operation of all public buildings owned by the city other than those of the school department.

8-6. Board of public safety.

There shall be a board of public safety, composed of three (3) members appointed by the mayor for three year terms. When this charter becomes effective the mayor shall appoint one member of said board of public safety for a term of one year, one for a term of two years and one for term of three years, and thereafter one each year for the term of three years. Vacancies in an unexpired term shall be filled by the mayor by appointment for the remainder of the term. Members shall be appointed from among the qualified electors of the city. The board of public safety shall have and perform all of the powers, duties and functions of the board of police commissioners and bureau of fire, except as otherwise provided in this charter.

8-7. Department of building inspection.

There shall be a department of building inspection the head of which shall be a building inspector appointed by the mayor and [who] shall serve at the pleasure of the mayor, who shall be responsible for building, plumbing and electrical inspection, unless otherwise assigned by the mayor and who shall have general experience in the field of construction of buildings. All other inspection and licensing services of whatever nature, unless otherwise assigned by ordinance or this charter shall be in the department of building inspection.

{DEL 8-8. Department of health. DEL}

{DEL There shall be a department of health, the head of which shall be the director of health, who shall be appointed by the mayor. The director shall be a physician licensed by the state of Rhode Island to practice medicine. The director of health shall have all the powers, privileges and immunities possessed by health officers under the laws of the state. He shall investigate all complaints made concerning conditions in the city endangering public health and shall prosecute violations of the laws and ordinances relating to public health. DEL}

{DEL The department of health shall be responsible for public sanitation, and inspection of food and food handlers, within the city and shall perform such other duties as may be prescribed by statute or ordinance. DEL}

8- {DEL 9 DEL} {ADD 8 ADD}. Department of {DEL public welfare DEL} {ADD human services ADD}.

There shall be a department of {DEL public welfare DEL} {ADD human services ADD}, the head of which shall be the director of {DEL public welfare DEL} {ADD human services ADD} who shall be appointed by the mayor {ADD , and shall serve at the pleasure of the mayor ADD}.

The department of {DEL public welfare DEL} {ADD human services ADD} shall perform the several functions and services of the city relating to {DEL public welfare DEL} {ADD human services ADD} and such other duties as may be required by state and federal regulations.

8- {DEL 10 DEL} {ADD 9 ADD} . Water department.

There shall be a water department, the head of which shall be the director of the water department who shall be appointed by the mayor and shall serve at the pleasure of the mayor.

The water department shall be responsible for the distribution of water within the city of Warwick and the expansion and maintenance of the water supply system within the city. {DEL The water department shall have and perform all of the powers, duties and functions of the board of water commissioners and the Warwick water department, except as otherwise provided in this charter. DEL} {ADD The powers and duties of the water department may be further prescribed by ordinance enacted by the city council or by state law. ADD}

8- {DEL 11 DEL} {ADD 10 ADD}. Department of {ADD Parks & ADD} Recreation.

There shall be a department of {ADD parks and ADD} recreation, the head of which shall be a director of {ADD parks and ADD} recreation who shall be appointed by the mayor and shall serve at the pleasure of the mayor.

The department of {ADD parks and ADD} recreation shall be responsible for all of the recreational activities of the city, and shall service and maintain all recreational facilities in the city.

8- {DEL 12 DEL} {ADD 11 ADD}. Planning Department.

There shall be a planning department, the head of which shall be a city planner who shall have had training and experience in city planning and who shall be appointed by the mayor and shall serve at the pleasure of the mayor.

The city planning department shall consult with and make {ADD written ADD} recommendations to the planning board in the preparation, extension and additions to a comprehensive general plan for the improvement and physical development of the city, said plan being known as the master plan. The planning department shall consult with and make {ADD written ADD} recommendations to the planning board relative to the approval or disapproval of plotting and sub-division of land within the city. Said department shall consult with and make recommendations to the mayor relative to a capital improvements program, and shall be responsible for the administration of such duties as may be assigned by the mayor or prescribed by ordinance.

8- {DEL 13 DEL} {ADD 12 ADD}. Planning board.

There shall be a planning board composed of nine (9) members of the public who shall be appointed by the mayor.

During the month of January, 1961 the mayor shall appoint:

Two members to hold office until the 31st day of Jan., 1962.

Two members to hold office until the 31st day of Jan., 1963.

Two members to hold office until the 31st day of Jan., 1964.

Two members to hold office until the 31st day of Jan., 1965.

One member to hold office until the 31st day of Jan., 1966.

Thereafter, beginning in the month of Jan., 1962, all appointments shall be for five year terms. Vacancies in an unexpired term shall be filled by the mayor by appointment for the remainder of the term. Members shall be appointed from among the qualified electors of the city.

The board shall have power in accordance with the provisions of title 45, chapter 23 of the general laws of Rhode Island, 1956 as amended., within the limits of the city to adopt, modify and amend rules and regulations governing and restricting the plotting or other sub-division of land in the city, and to control the sub-division of land pursuant to such rules and regulations; and shall have all powers and authorities set forth in said title 45, chapter 23, and shall perform such other duties as may be necessary or as may be assigned by the mayor or council.

The board shall establish its own rules of procedure, provided that five (5) members shall constitute a quorum for the transaction of business and five (5) affirmative votes shall be required for final action on any matter acted upon by the board.

8- {DEL 14 DEL} {ADD 13 ADD}. City clerk.

There shall be a city clerk who shall be appointed by the mayor with the approval of the council.

The city clerk shall be the clerk of the council, shall make a permanent record of council proceedings and shall certify by his signature all actions of the council. He shall be the custodian of the city seal and of the official documents and records of the city.

The city clerk shall be the registrar of deeds and shall direct and supervise the recording of deeds, mortgages, and other instruments and perform such other duties as may be prescribed by ordinance.

The city clerk shall be the clerk of the probate court . There may also be a deputy city clerk with the same duties and appointed in the same manner.

8- {DEL 15 DEL} {ADD 14 ADD}. Probate court.

The powers and duties of a probate court for the city shall be exercised and performed by a judge of probate who shall be appointed by the mayor with the approval of the council.

The judge of probate shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state. He shall be qualified elector of the city.

Any person acting in a temporary capacity as judge of probate shall have the qualifications required by the judge or probate. In the absence of the judge of probate, the city solicitor shall serve as acting judge of probate and when so action shall have and exercise all the powers and duties of the judge of probate for the time being.

8- {DEL 16 DEL} {ADD 15 ADD}. Board of canvassers.

The canvassing authority of the city shall be aboard of canvassers and registration. The city council shall elect a bipartisan canvassing authority of three qualified electors so the city not more than two of whom shall belong to the same political party. The mayor shall nominate the members of said canvassing authority from lists submitted by the respective chairman of the city political committee which list shall contain the names of five times the number of persons to be elected. If the city council shall refuse to approve the nomination of any person to said canvassing authority, the mayor shall submit to the city council another person named on one of said lists and so on until a person shall be appointed; provided, however, if the chairman of the city committee of a political party entitled to an appointment shall fail or refuse to submit a list as aforesaid, the mayor shall nominate any person known by him to be a member of the political

party entitled to said appointment. The members first appointed shall serve for terms of one, two, and three years respectively, and until their successors are qualified and thereafter one member shall be appointed each year for a term of three years.

8- {DEL 17 DEL} {ADD 16 ADD}. Zoning board of review.

There shall be a zoning board of review which shall consist of five members appointed by the mayor subject to confirmation by the city council to serve for terms of five years and until successors are appointed and qualified. The members first appointed shall serve for terms of one, two, three, four and five years respectively and thereafter one member shall be appointed each year for the term of five years. There shall be a sixth or auxiliary member of said board appointed by the mayor subject to confirmation by the city council in accordance with state law.

The zoning board of review shall hear and determine appeals from the granting or refusal of building permits and shall have power to allow exception to or variations as specified by ordinance and in accordance with the laws of Rhode Island.

8- {DEL 18 DEL} {ADD 17 ADD}. Board of assessment review.

(1) There shall be a board of assessment review which shall consist of three members appointed by the mayor with the approval of the council. The members first appointed shall serve for terms of one, two and three years respectively, and thereafter one member shall be appointed in each year for a term of three years.

(2) The board of assessment review shall hear and consider the appeal of any property owner concerning the amount of his assessed valuation as determined by the city assessor. The city assessor shall attend all hearings of the board of review in order to explain his valuations, but shall have no vote. The board shall keep an accurate record of its proceedings which shall be available for public inspection. If it shall appear that the valuation of any property has been incorrectly or inequitably assessed, the board shall have power to change the assessment.

(3) The council shall provide by ordinance for the organization and procedure of the board of assessment review and for the manner of receiving, considering, and disposing of appeals.

(4) The taking of an appeal to the board of assessment review, or any action thereon, shall not be construed to limit or restrict the right of any taxpayer to apply to a court of competent jurisdiction for relief from any assessed valuation or tax originally determined by the assessor.

8- {DEL 19 DEL} {ADD 18 ADD}. City sergeant.

There shall be a city sergeant appointed by the mayor who shall perform all of the powers and duties prescribed by state law or ordinance.

8- {DEL 20 DEL} {ADD 19 ADD}. Additional boards.

Additional boards, commissions and authorities may be established by ordinance. Advisory boards may be established by executive order. Members of advisory boards shall serve without compensation and shall have no executive or administrative powers. The mayor shall make all appointments to such boards, commissions, and authorities as may be established in accordance with this section.

8- {DEL 21 DEL} {ADD 20 ADD}. Additional departments.

The council by ordinance may assign functions or programs undertaken by the city to appropriate departments and it may create additional departments. Such additional departments shall be subject to the provisions of this charter.

8- {DEL 22 DEL} {ADD 21 ADD}. Filling of vacancies.

Vacancies occurring on any board, commission, or authority, the filling of which is not specifically provided for by this charter, may be filled for the unexpired term by the appointing authority for such board, commission, or authority.

{ADD 8-22. Warwick Public Library. ADD}

{ADD Sec. 1 -- Public Library -- Established. ADD}

{ADD There is hereby established and founded for the city and for all the inhabitants thereof a free public library to be known as the Warwick Public Library. Such library may include such facilities and branches throughout the city as may be determined by the board of trustees. ADD}

{ADD Sec. 2 -- Board of trustees; Election; Terms; Filling vacancies ADD}

{ADD The board of trustees shall consist of seven members appointed by the city council upon the adoption of the 1998 charter amendments. The trustees shall be divided into three groups. The terms of office of the first group, consisting of three members, shall expire on December 31, 2000; the terms of the second group, consisting of two members, shall expire on December 31, 2001; and the terms of the third group, consisting of two members, shall expire on December 31, 2002. With the expiration of term of office of any member, the vacancy shall be filled by the city council for the term of three years. Vacancies occurring by resignation, removal, death, or otherwise, shall be filled as above for the unexpired term thereof. ADD}

{ADD Sec. 3 -- Board of trustees: Powers & Duties ADD}

{ADD The board of trustees of the Warwick Public Library shall take possession of said library, and shall be legal guardians and custodians of same. They shall provide suitable rooms for the library, arrange for the proper care and maintenance of the same, and make all needful rules and regulations for the government of the library and the use of the books; provided that no fee for the use of the books shall ever be extracted. ADD}

ARTICLE IX. PUBLIC EDUCATION

9-1. School committee.

There shall be a school committee consisting of two members-at-large and one district member from each of the three school committee election districts into which the city of Warwick is divided. Present members of the school committee shall hold their respective offices for the remainder of the term for which they were originally elected and until their successors are elected and qualified. At the biennial election to be held on the first Tuesday after the first Monday of November of the year A.D. 1960, and every four years thereafter, there shall be elected two members-at-large of the school committee to serve for the term of four years and until their successors are elected and qualified. At the biennial election in the year A.D. 1962, and every four years thereafter, there shall be elected three district members of the school committee to serve for a term of four years and until their successors are elected and qualified. The general laws of this state shall apply to the voting for the members of the school committee of said city so far as consistent with the provisions of this act; provided, however, that the voting machines or ballot shall contain in a perpendicular column, in {DEL alphabetical order DEL} {ADD an order drawn by lot ADD} and uniform type the name of all candidates nominated as hereinafter provided and shall contain no specifications of party or political principle.

9-2. School committee nominations.

Nomination papers for candidates at large shall be signed in the aggregate by not less than 200 qualified voters. Nominations of district members shall be made by nomination papers signed in the aggregate for each candidate by not less than 100 voters qualified to vote for each of such candidates. Nomination papers for school committee members shall contain no party designation or political principle. If more than twice the number of candidates to be elected to the office of school committeeman shall be nominated, there shall be a primary election to eliminate all candidates in excess of twice the number to be elected to said office. The primary election shall be held in the manner hereinafter provided on the {DEL first Tuesday following the first Monday in June DEL} {ADD same date as the party primaries in September ADD} before each general election, and not more than fifteen or less than ten days before the date set for a special election to fill a vacancy {DEL ; provided, however, that the primary election for the year 1966 shall be held on the first Tuesday following the last Monday in June. DEL} {ADD . ADD} The canvassing authority shall appoint primary election officials from lists submitted by the candidates, giving representation to all candidates insofar as possible. Candidates shall appear on the ballot in {DEL alphabetical order DEL} {ADD an order, drawn by lot ADD} with no party designation. The number of persons being twice the number to be elected to the particular office receiving individually the highest number of votes cast in the primary election for individual candidates shall be declared to be the candidates to be voted upon at the election. If no more candidates than the number of offices to be filled shall file, then these candidates shall be declared elected by the board of canvassers.

9-3. Filling of vacancies.

If a vacancy occurs in the school committee more than one hundred and eighty (180) days before the time of holding the next succeeding regular city election, the canvassing authority shall forthwith call a special election for the purpose of filling such vacancy for the remainder of the term. If any such vacancy occurs one hundred and eighty (180) days or less, before the time of holding the next succeeding general election, the council may in its discretion direct the canvassing authority to call a special election for said purpose.

9-4. Chairman.

The school committee shall meet for organization on the first Tuesday following the first day of January after the general election, at such hour as may be fixed by the said school committee and elect one of its members as chairman to serve until his successor is elected and shall adopt its own rules and order of business.

9-5. Powers and duties.

The school committee shall determine and control all policies affecting the administration, construction, maintenance and operation of the public schools. The construction of school buildings, shall also be under the direction of the school committee, except that the mayor is hereby authorized to nominate and appoint as many as four taxpayers, who shall be added to the school committee for the purpose of acting jointly with the school committee in the direction of school construction only and for no other purpose and for no longer period of time.

9-6. Superintendent of schools.

The school committee shall appoint a superintendent of schools as its chief administrative agent and such other administrative officers as shall be deemed necessary.

9-7. Appointments and removals.

The appointment and removal of all school employees shall be made by the school committee upon recommendation of the superintendent of schools, except as may be provided otherwise by the laws of the state or provisions of this charter. Except for the purpose of inquiry, the school committee, as far as is consistent with the laws of the state, shall deal with the administration of the public schools solely through the superintendent of schools.

9-8. Budget estimates.

The school committee shall submit budget estimates in the same manner as city departments, but the budget estimates and appropriations shall be considered by the council in total only. The allocation of the amounts appropriated shall be determined by the school committee.

9-9. Purchases.

The finance department of the city shall assume all the purchasing functions of the school committee, in accordance with the requisitions of the school committee, and shall purchase and distribute such supplies and materials as are required by the public schools. The costs for such supplies and materials shall be charged against the appropriation for the public schools.

9-10. Restrictions.

No member of the school committee shall vote in the matter of any contract, job, work or service or the purchase of any property in which he is interested directly or indirectly nor shall he take any official action relating thereto. All such transactions shall be by the authority of the school committee with the interested member not voting.

9-11. Maintenance.

At the request of the school committee, the mayor shall direct the department of public works to maintain and care for school buildings and grounds, provided that the costs are charged against the appropriation for the public schools.

9-12. Financial report.

The school committee shall prepare a financial report of its activities {DEL at the close of each fiscal year DEL} which shall be submitted to the mayor and the city council {DEL . DEL} {ADD within ninety (90) days after the close of the fiscal year, and within six (6) months of the close of the fiscal year, an audited complete financial statement. ADD}

9-13. Compensation.

The members of the school committee shall receive such salary, if any, as may be prescribed by ordinance.

9-14. Meetings.

All meetings of the school committee shall be open to the public and all decisions made by the school committee shall be made publicly; provided, however, nothing herein shall deny to the school committee the right to require a meeting closed to the public when the nature of the meeting involves personalities or would be detrimental to education or the public welfare. A majority of the members present shall be necessary to declare a meeting closed to the public. Any decision made during a closed meeting shall be made and announced publicly.

9-15. Alteration of school committee election districts.

The city council shall, by resolution, prior to the first Tuesday following the first Monday in June before the 1968 general election, realign the school committee election districts to form three districts as nearly equal in population as possible.

ARTICLE X. GENERAL PROVISIONS: SUCCESSION IN GOVERNMENT

10-1. Public records.

All records and accounts of every office, department or agency of the city shall be open to inspection by any citizen, any representative of a citizen's organization or any representative of news media at all reasonable times and under reasonable regulations established by the mayor, except records and documents the disclosure of which would tend to defeat the lawful purpose which they were intended to accomplish.

10-2. Financial interest.

No officer or employee of the city shall be financially interested, directly or indirectly, other than as a minority stockholder not exceeding five percent (5%) ownership or beneficiary of a patent or copyright, in the profits of any contract, job, work or service to be performed for the city or in the sale or lease to or from the city of any land, property, materials, supplies or equipment. Any officer or employee found guilty of a willful violation of this section shall forfeit his office or position.

10-3. Penalties.

Any violation of this article with the knowledge, expressed or implied, of the person or corporation contracting with the city, shall render the contract voidable by either the mayor or the council.

10-4. Limitations on employment.

{DEL No person shall be eligible to hold any office or full time employment in the city government who is a member of the general assembly or who holds any other civil office carrying a salary either in the city or state or federal government except that of notary public or member of the National Guard or military reserve. DEL}

No person, receiving a pension from the city or from any pension fund to which the city contributes, shall be regularly employed in or by any department, board, or commission of the city, with pay or compensation for his work or services payable from the city treasury, unless he first shall waive in writing his right to receive such pension or part thereof accruing for or during the period of such employment and shall file such waiver or a copy thereof in the office of the director of finance; provided, however, that this paragraph shall not apply to any person holding the office of mayor or member of the city council or school committee {DEL . DEL} {ADD or any person appointed to serve on any city board or commission, whether or not compensation is paid for said service; provided further, however, that no person receiving a survivor annuity pension from the city, or from any pension fund to which the city contributes, shall be prohibited from regular employment with the city solely due to such survivor annuity pension. In addition, this paragraph shall not apply to any former police officer, who retired with a regular non-disability pension from the Warwick Police Department and who works details for the police department. No pension contribution shall be deducted from the compensation earned by the retired police officer and no additional pension benefits shall accrue to the individual by virtue of working the details. ADD}

10-5. Bond.

Such officers or employee as the council may be general ordinance require so to do, shall give bond in such amount and with such surety as may be approved by the council. The premiums on such bonds shall be paid by the city.

10-6. Assignment of functions.

Any administrative function of municipal government not specifically enumerated herein shall be performed by such appropriate department or board as the council or the mayor may designate under the provisions of this charter.

10-7. Existing ordinances.

All existing ordinances, resolutions and other acts of the city council which are not inconsistent herewith shall remain in effect until amended or repealed by the city council. If any ordinance which repealed a previous ordinance is itself repealed, the previous ordinance shall not thereby be revived.

10-8. Rights and obligations of the city.

The adoption of this charter shall not be regarded as impairing any right vested in or discharging any liability incurred by the city at the time of its adoption.

10-9. Pending actions.

All pending actions and proceedings shall continue and the appropriate officer of the city under this charter shall be substituted for the officer previously named therein.

10-10. Previous offices, departments and agencies.

Any provision of law or ordinance referring to a previous office, department or agency and which is not inconsistent herewith shall be construed so as to accomplish the purpose of its enactment.

10-11. Legislative powers.

All legislative powers heretofore vested in the city or in any department or agency thereof shall be exercised by the city council.

10-12. Fiscal year.

The first fiscal year as established by 5-1 shall commence on the first day of February 1962.

10-13. Rights of officers and employees.

Nothing in this charter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the city or of any office, department or agency existing at the time when this charter shall take effect, or any provision of law in force at the time when this charter shall take effect and not inconsistent with the provision of this charter, in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, or any other rights or privileges of officers or employees of the city or any office, department or agency thereof.

10-14. Continuance of present officers.

All persons holding elective and appointive office at the time this charter takes effect shall continue in office and in the performance of their duties until provision shall have been made in accordance herewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any office, department or agency of the city by the laws of the state shall, if such office, department or agency, be abolished by this charter, or under its authority, be thereafter exercised and discharged by the office, department or agency designated by the mayor unless otherwise provided herein.

10-15. Transfer of records and property.

All records, property and equipment whatsoever of any office, department or agency or part thereof, all the powers and duties of which are assigned to any office, department or agency by this charter, shall be transferred and delivered to the office, department or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department or agency or part thereof are by this charter assigned to another office, department or agency, all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department or agency to which such powers and duties are so assigned.

10-16. Continuance of officers, departments, or agencies.

Any office, department or agency provided for in this charter with a name or with powers and duties the same or substantially the same as those of an office, department or agency heretofore existing shall be deemed to be a continuation of such office, department or agency and shall exercise its powers and duties in continuation of their exercise by the office, department or agency by which the same were heretofore exercised and shall have power to continue any business, proceeding or other matter within the scope of its regular powers and duties commenced by an office, department or agency by which such powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to such a formerly existing office, department or agency, shall, so far as not inconsistent with the provisions of this charter, apply to such office, department or agency provided for by this charter.

10-17. Continuance of contracts.

All contracts entered into by the city, or for its benefit, prior to taking effect of this charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or charter provisions existing at the time this charter takes effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and charter provisions.

10-18. Continuance of actions and proceedings.

No action or proceeding, civil or criminal, pending at the time when this charter shall take effect, brought by or against the city or any office, department or agency or office thereof, shall be affected or abated by the adoption of this charter or by anything therein contained, but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office, department or agency or officer party thereto may by or under this charter be assigned or transferred to another office, department or agency or officer, but in that event the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this charter.

10-19. Effective date of charter.

For the purpose of nominating and electing the elective officers of the city, this charter shall be in effect from and after its approval by the electors. For all other purposes it shall be in effect from the first day of the term of office of the officers elected at the general election of 1960.

10-20. Transfer of appropriations.

The council shall have authority to make such changes and transfers in existing appropriations as may be required for the proper and orderly operation of the city under the provisions of this charter.

10-21. Definitions.

Reference in this charter in general terms to a department or agency of the city shall include any department, bureau, division, office, board, commission or committee, however entitled or described, as the context and subject matter may require.

10-22. Conflicting provisions.

To the extent that any specific provision contained in this charter conflicts with any provision expressed in general terms, the specific provision shall prevail.

10-23. Digest on ballot.

It shall not be necessary for the full text of a charter or amendments to a charter to be printed upon the ballot. Any digest or description thereof or any question or statement which substantially expresses the purpose or identifies the subject matter to be voted upon shall be sufficient. When any question is to be submitted to the voters, the council shall approve the statement of the question as it shall appear upon the ballot.

10-24. Minority representation.

There shall be minority party representation on all boards and commissions. The minority party shall mean the party other than that of the mayor. The mayor shall make such minority party appointment from a list of five names submitted by the chairman of the city committee of the minority party at least {DEL ten DEL} {ADD five ADD} days before such appointment is to be made; provided, however, if the chairman of such city committee shall fail or refuse to submit a list as aforesaid, the mayor shall appoint any person known by him to be a member of the political party entitled to said appointment. {ADD Unless otherwise established, all terms expire on the fifteenth day of the last month of the term, unless that day falls on a non-business day, then the term shall expire on the first business day after the fifteenth. (CH 205-P.L. 1964) ADD}

10-25. Separability

If any provision of this charter be held invalid or ineffective, such decision shall not affect the validity, force or effect of any other provision.

10-26. Titles and sub-titles.

Titles and sub-titles used in this charter are for identification purposes and are not to be considered as a part of the text.

{ADD 10-27. Gender Neutral. ADD}

{ADD The editor of this charter is authorized and empowered to amend sections for the purpose of making charter language gender neutral. ADD}

{ADD 10-28. Codifying the charter. ADD}

{ADD The editor of this charter is authorized and empowered to amend and codify sections for the purpose of making the charter numerically correct. ADD}

10- {DEL 27 DEL} {ADD 29 ADD}. Amendments.

All amendments to this charter shall be submitted to the voters of the city for approval thereof at a general or special election and said amendments shall not become effective unless a majority of the persons voting upon said question shall approve said amendment or amendments.

SECTION 2. There shall be submitted to the qualified electors of the city of Warwick, at the general election to be held on the Tuesday next after the first Monday of November, 1998, for their approval the following question: "Shall the act passed by the general assembly at its January, 1960, session, entitled, 'An act revising the charter of the city of Warwick, and in amendment of chapter 1852 of the public laws, 1931, entitled, "An act to establish the city of Warwick," as amended,' be amended?"

The amendments proposed to the Warwick city charter in this act shall be submitted to the qualified electors of the city of Warwick as individual ballot questions grouped by topic, with all technical amendments to be presented as one question. And the board of canvassers shall certify the results of said election to the secretary of state.

SECTION 3. Section 2 of this act shall take effect upon the passage of this act, and each amendment shall take effect when the board of canvassers shall certify to the secretary of state that a majority of the qualified electors voting upon the amendment shall have voted to approve the same.