§ 11. Transitional provisions.

11.1 Continuation of Existing Laws.

All ordinances, rules, regulations and resolutions of the city which are in force at the time the charter is adopted, not inconsistent with the charter, shall remain in effect and shall continue in force until amended, revised or repealed in the manner provided by law or the charter.

11.2 Continuation of Government.

All city agencies shall continue to perform their duties until reappointed, re-elected, or until the successors to their respective duties are duly appointed, elected or their duties have been transferred and assumed by another city agency.

11.3 Continuation of Administrative Personnel.

Any person holding a city office, or a position in the administrative service of the city, or any person holding full time employment of the city, shall retain such office or position, or employment and shall continue to perform his duties until provisions shall have been made for the performance of those duties by another person or agency, provided however, that no person in the permanent full time service of the city shall forfeit his pay grade, or time in service. All such persons shall be retained in a capacity as similar to their former capacity as is practicable and any reductions in the personnel needs of the city shall be accomplished through attrition, unless specific provision is otherwise made in this article.

11.4 Transfer of Records and Property.

All records, property and equipment whatsoever, of any city agency or part thereof, the powers and duties of which are transferred or assigned to another city agency shall be transferred forthwith to the city agency to which such powers and duties are transferred and assigned.

11.5 Effect on Obligations, Taxes, etc.

All official bonds, recognizances, obligations, contracts, and other instruments entered into or executed by or to the city before the adoption of the charter, and all taxes, assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the city, shall be enforced and collected, and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue without statement and remain unaffected by the charter; and no legal act done by or in favor of the city shall be rendered invalid by the adoption of the charter.

11.6 Disposition of Special Laws.

(a)

Certain Acts Repealed. The following special laws which established and amended the existing charter of the City of Lawrence are hereby repealed:

Chapter 621	Acts of 1911
Chapter 363	Acts of 1914
Chapter 82	Acts of 1918
Chapter 138	Acts of 1945
Chapter 158	Acts of 1947
Chapter 72	Acts of 1948
Chapter 335	Acts of 1953
Chapter 170	Acts of 1954
Chapter 98	Acts of 1955
Chapter 82	Acts of 1956
Chapter 103	Acts of 1960
Chapter 431	Acts of 1971

 

(b)

Certain Acts Specifically Recognized. The following special laws relating to the status under the state civil service law of certain officers and employees of the city are specifically recognized and retained:

Chapter 312	Acts of 1917
Chapter 244	Acts of 1950
Chapter 40	Acts of 1959
Chapter 134	Acts of 1964
Chapter 163	Acts of 1965
Chapter 351	Acts of 1967

 

(c)

Certain Acts Recognized as Obsolete. The following special laws, which were enacted for special purposes and were limited in time by their own terms, are hereby recognized as being obsolete and no longer relevant to any portion of the existing charter of the city of Lawrence:

Chapter 130	Acts of 1918
Chapter 59	Acts of 1919
Chapter 338	Acts of 1920
Chapter 43	Acts of 1921
Chapter 274	Acts of 1934
Chapter 212	Acts of 1935
Chapter 373	Acts of 1936
Chapter 206	Acts of 1943
Chapter 283	Acts of 1943
Chapter 286	Acts of 1945
Chapter 380	Acts of 1945
Chapter 636	Acts of 1945
Chapter 72	Acts of 1946
Chapter 569	Acts of 1946
	and Chapter 117.

 

Acts of 1954 but specifically recognizing and retaining the reversionary interest included therein:

Chapter 325	Acts of 1948
Chapter 609	Acts of 1948
Chapter 44	Acts of 1949
Chapter 437	Acts of 1950
Chapter 644	Acts of 1950
Chapter 661	Acts of 1950
Chapter 689	Acts of 1950
Chapter 378	Acts of 1951
Chapter 711	Acts of 1951
Chapter 58	Acts of 1952
Chapter 231	Acts of 1952
Chapter 306	Acts of 1952
Chapter 374	Acts of 1952
Chapter 466	Acts of 1955
Chapter 64	Acts of 1956
Chapter 574	Acts of 1957
Chapter 603	Acts of 1957
Chapter 259	Acts of 1958
Chapter 260	Acts of 1958
Chapter 671	Acts of 1964
Chapter 693	Acts of 1965
Chapter 487	Acts of 1966
Chapter 297	Acts of 1969
Chapter 509	Acts of 1969
Chapter 649	Acts of 1971
Chapter 868	Acts of 1971
Chapter 981	Acts of 1971
Chapter 102	Acts of 1973
Chapter 103	Acts of 1973
Chapter 1080	Acts of 1973
Chapter 45	Acts of 1975
Chapter 594	Acts of 1975

 

(d)

Certain Obsolete Borrowing Acts. The following special laws which authorized the city to borrow certain sums of money, for certain purposes. within specific time periods, are hereby recognized as no longer relevant to the city:

Chapter 56	Acts of 1912
Chapter 749	Acts of 1914
Chapter 231	Acts of 1915
Chapter 323	Acts of 1916
Chapter 187	Acts of 1917
Chapter 191	Acts of 1917
Chapter 457	Acts of 1921
Chapter 159	Acts of 1923
Chapter 175	Acts of 1923
Chapter 25	Acts of 1925
Chapter 127	Acts of 1931
Chapter 191	Acts of 1932

 

(e)

Certain Acts Repealed in Part, Retained in Part. The following special laws, which were enacted for the purpose of authorizing the city to exercise certain powers or functions which, prior to the adoption of Article 89 of the amendments to the state constitution may not have otherwise been available to the city, are hereby recognized, provided that so much of such acts as are inconsistent with the powers available to cities under the said Article 89 or inconsistent with the way in which powers are to be exercised under the charter are repealed, but, insofar as any provision of such acts may grant a power to the city which would not otherwise be available to it, so much of such acts are specifically retained:

Chapter 212	Acts of 1912
Chapter 362	Acts of 1917
Chapter 181	Acts of 1919
Chapter 110	Acts of 1926
Chapter 334	Acts of 1926
Chapter 33	Acts of 1936
Chapter 68	Acts of 1948
Chapter 101	Acts of 1949
Chapter 293	Acts of 1952
Chapter 233	Acts of 1954
Chapter 117	Acts of 1954
Chapter 236	Acts of 1971
Chapter 617	Acts of 1973
Chapter 923	Acts of 1973
Chapter 583	Acts of 1974
Chapter 389	Acts of 1975

 

(f)

Certain Acts Relating to Parking Authority Retained. The following special laws relating to the establishment and financing authority of a parking authority for the city of Lawrence are hereby recognized and retained:

Chapter 34	Acts of 1955
Chapter 177	Acts of 1956
Chapter 482	Acts of 1958
Chapter 576	Acts of 1963
Chapter 823	Acts of 1963
Chapter 518	Acts of 1968
Chapter 699	Acts of 1969

 

(g)

Certain Acts Passed Since 1977:

Chapter 703	Acts of 1977
Chapter 746	Acts of 1977
Chapter 760	Acts of 1978
Chapter 239	Acts of 1978
Chapter 334	Acts of 1979
Chapter 353	Acts of 1979
Chapter 652	Acts of 1979
Chapter 340	Acts of 1980
Chapter 356	Acts of 1980
Chapter 457	Acts of 1981.

 

11.7 Time of Taking Effect.

This charter shall become fully effective on the first secular day in January of 1986 except to the extent that another provision is made in the following schedule:

(a)

Temporary Districts. For the purpose of electing the first city council and school committee the following districts are hereby established:

District A. District A shall consist of the following precincts, as they presently exist for the purpose of electing certain state officers: Ward 1, Precincts 1, 2, 3, 4, 5 and 6.

District B. District B shall consist of the following precincts, as they presently exist for the purpose of electing certain state officers: Ward 2, Precincts 1, 2, 3, 4, and 5; Ward 3, Precincts 1, 2, 3, and 4.

District C. District C shall consist of the following precincts as they presently exist for the purpose of electing certain state officers: Ward 4, Precincts 1, 2, 3, and 4; Ward 5, Precincts 1 and 6.

District D. District D shall consist of the following precincts, as they presently exist for the purpose of electing certain state officers: Ward 5, Precincts 2, 3, 4, 5, 7, and 8.

District E. District E shall consist of the following precincts, as they presently exist for the purpose of electing certain state officers: Ward 6, Precincts 7, 8, 9, and 10.

District F. District F shall consist of the following precincts. as they presently exist for the purpose of electing certain state officers: Ward 6, Precincts 1, 2, 3, 4, 5, and 6.

The above districts may, from time to time, be changed by the city council in accordance with the authority contained in Section 8.6 and by general law.

(b)

A city election for the purpose of electing a mayor, a city council and a school committee shall be held on the first Tuesday following the first Monday in November of the year 1985.

(i)

The term of the first mayor elected under this charter at said election shall be from 10 o'clock in the morning on the first secular day in January in the year 1986 until 10 o'clock in the morning on the first secular day in January of 1990.

(ii)

The terms of the first city council elected under this charter at said election shall be from 7 o'clock in the evening on the first secular day of January in the year 1986 until 7 o'clock in the evening on the first secular day in January of 1988.

(iii)

For the purposes of providing an election of three members of the school committee at each biennial municipal election, three members of the first school committee elected under this charter at said election shall serve a term of office from 7:00 o'clock in the evening on the first secular day of January 1986 until 7:00 o'clock in the evening of the first secular day in January 1988. Three members of the first school committee elected under this charter at said election shall serve a term of office from 7:00 o'clock in the evening on the first secular day of January 1986 until 7:00 o'clock in the evening of the first secular day in January 1990.

(c)

A preliminary election, for the purpose of nominating candidates, shall be held on the fourth Tuesday preceding the November 1985 city election. These elections shall be held in accordance with the provisions of the charter.

(d)

Until such time as another provision is made for the salary to be paid to the mayor in accordance with the charter, the initial salary to be paid to the mayor shall be forty thousand dollars ($40,000.00) per year.

(e)

Until such time as another provision is made for the salary to be paid to the members of the city council in accordance with the charter, the initial salary to be paid to each members of the city council shall be five thousand two hundred dollars ($5,200.00) per year. The president of the city council, however, shall be paid a salary of six thousand ($6,000.00) per year.

(f)

Forthwith following their qualification and organization in January of the year 1986. the city council shall provide for a review of the city ordinances to be undertaken for the purpose of bringing them into conformity with the provisions of the charter. Such review shall be under the direction of the city attorney, or if the city council so directs, by special counsel retained for that purpose. A report, with recommendations, shall be submitted to the city council for enactment within twelve months following the date of the city council has so organized.

(g)

Notwithstanding the provisions of Section 10.4, all rules and regulations which are in force on the date the charter becomes fully effective shall remain in effect and be valid, provided copies of such rules and regulations are placed on file in the office of the city clerk within thirty days following the date the charter becomes fully effective.

(h)

The provisions of Section 10.8 shall not apply to any person who is in the employ of the city on the date the Charter is adopted by the voters.