CUMBERLAND                                       2173

shall faithfully perform their contract, and in event of their failure so to do it shall
be his duty to report the same to the Mayor. He shall also have and exercise
general supervision over the construction of all railways which may at any time be
constructed through the streets of said City, requiring them to conform to the
established grade so as not to impede the use and passage of said streets. It shall
be his duty, when it shall be decided necessary by the Mayor and City Council for
the proper execution of any engineering work, to employ such professional or
technical advisers and experts as he may deem requisite, subject to the approval of
said Mayor and City Council, and he shall perform such other duties as may be
prescribed by the Mayor and City Council,]

be and the same is hereby repealed.

SECTION 3: AND BE IT FURTHER RESOLVED, That Section 34 of the
Charter of the City of Cumberland is hereby re-enacted to read as follows:

"SEC. 34. (A) EFFECTIVE SEPTEMBER 1, 1972, THERE IS HEREBY
CREATED THE POSITION OF DIRECTOR OF PUBLIC WORKS. THE
PERSON DESIGNATED TO FILL SUCH POSITION SHALL BE A
PROFESSIONAL CIVIL. ENGINEER.

"(B) IT SHALL BE HIS DUTY TO ASCERTAIN THE ESTABLISHED
MONUMENTS OF SAID CITY, AND FROM THEM TO EXTEND
SURVEYS THEREOF, AND ESTABLISH OTHERS, AND TO LOCATE,
ESTABLISH AND SURVEY ALL STREETS AND ALLEYS WITHIN THE
TERRITORIAL LIMITS OF SAID CITY WHEN SO CALLED ON OR
REQUIRED TO DO SO. HE SHALL MAINTAIN THE GRADE OF ALL
STREETS AND ALLEYS IN SAID CITY AND EXERCISE GENERAL
SUPERVISION AND SUPERINTENDENCE OVER ALL WORK
UNDERTAKEN ON THE STREETS, ALLEYS AND PUBLIC SQUARES
THEREOF, MAKE ESTIMATES AND PLANS AND GIVE INSTRUCTIONS
AS TO GRADING OR OTHERWISE IMPROVING THE SAME, AND
WITH RESPECT TO THE CONSTRUCTION OF SIDEWALKS, SO AS TO
SECURE AND PRESERVE PROPER PROPORTIONS AND UNIFORMITY
IN THE HEIGHT AND WIDTH THEREOF; AND ALSO TO
SUPERINTEND THE CONSTRUCTION OF ALL CULVERTS, BRIDGES,
DRAINS, WATER WORKS AND OTHER IMPROVEMENTS PROJECTED
BY THE SAID MAYOR AND CITY COUNCIL; AND HE SHALL SEE
THAT ALL PARTIES CONTRACTING WITH THE SAID MAYOR AND
CITY COUNCIL TO DO ANY WORK AS AFORESAID SHALL
FAITHFULLY PERFORM THEIR CONTRACT, AND IN EVENT OF
THEIR FAILURE SO TO DO IT SHALL BE HIS DUTY TO REPORT THE
SAME TO THE MAYOR. HE SHALL ALSO HAVE AND EXERCISE
GENERAL SUPERVISION OVER THE CONSTRUCTION OF ALL
RAILWAYS WHICH MAY AT ANY TIME BE CONSTRUCTED
THROUGH THE STREETS OF SAID CITY, REQUIRING THEM TO
CONFORM TO THE ESTABLISHED GRADE SO AS NOT TO IMPEDE
THE USE AND PASSAGE OF SAID STREETS.

"(C) IT SHALL BE HIS DUTY, WHEN IT SHALL BE DECIDED
NECESSARY BY THE MAYOR AND CITY COUNCIL FOR THE PROPER
EXECUTION OF ANY ENGINEERING WORK, TO EMPLOY SUCH
PROFESSIONAL OR TECHNICAL ADVISERS AND EXPERTS AS HE
MAY DEEM REQUISITE, SUBJECT TO THE APPROVAL OF SAID
MAYOR AND CITY COUNCIL, AND HE SHALL PERFORM SUCH
OTHER DUTIES AS MAY BE PRESCRIBED BY THE MAYOR AND CITY
COUNCIL.