Title 24APPENDIX, Municipal Charters

§ 421. Issuance of bonds authorized In case of any purchase that the City Council may approve and determine to make of any existing electric or gas plant and distribution system and any gas or electric business and the goodwill thereof and any franchises and rights-of-way in conn…

§ 422. Rates sufficient to pay for services and bonds to be charged (a) Whenever bonds are issued pursuant to this article, said City shall charge and collect adequate rates and charges for electric energy and for gas and all other services, facilities, and commodities sold, furn…

§ 423. Bond issuance to be approved by voters The City Council shall not issue any bonds under the provisions of this article for any of the purposes thereof unless previously authorized so to do by a majority of the legal voters of said City voting on the question at any annual …

§ 43. Composition; Board for Registration of Voters; duties; appointments; offices (a)(1) The City Council with Mayor presiding shall constitute the Board of Civil Authority for the City, except that all duties with respect to preparing checklists of voters and making additions t…

§ 431. Definitions The following terms when used in this article shall have the following meaning: (1) The term “City” shall mean the City of Burlington. (2) The term “electric plant” shall mean the complete municipal electric generating, transmission, and distribution system now…

§ 432. Electric plant; improvement of The City is hereby authorized and empowered to improve its electric plant for the purpose of lighting the streets, walks, public grounds, and buildings of the City, for the furnishing of electric or gas services within or without the corporat…

§ 433. Bonds; issuance of (a) The City is hereby authorized and empowered to issue negotiable bonds, from time to time, for the purpose of financing the cost of any improvement to the electric plant. Said bonds and the interest thereon shall be payable solely and exclusively from…

§ 434. Same—payment of In order to secure the payment of any of the bonds, issued pursuant to this article, the interest thereon, or in connection with such bonds, the City shall have power as to such bonds, to the extent not inconsistent with the mandatory provisions of this art…

§ 435. Same—pledge of revenues (a) Any pledge hereunder shall be valid and binding and shall be deemed continuously perfected for the purposes of the Uniform Commercial Code from the time when the pledge is made; unless otherwise provided in the resolution making the pledge, the …

§ 436. Same—refunding The City may issue refunding bonds for the purpose of paying any of its bonds issued hereunder at maturity or upon acceleration or redemption. The refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the Cit…

§ 437. Same—Anticipation notes Unless otherwise provided in the authorizing proceedings, if bonds are authorized under this article, temporary notes may be issued in anticipation thereof. The Board of Light Commissioners may delegate the sale of temporary notes to an officer or o…

§ 438. Same—regulation (a) The Public Utility Commission shall exercise its regulatory powers in such a manner as to permit the City to fulfill all of its obligations, including its obligations to the holders of the bonds issued hereunder. (b) The Public Utility Commission shall …

§ 439. Same—rights of holders Any holder or holders of bonds, including a trustee or trustees for holders of such bonds, shall have the right in addition to all other rights: (1) by mandamus or other suit, action, or proceedings in any court of competent jurisdiction to enforce h…

§ 44. Authorized At all meetings of the Board of Civil Authority, the Board for the Abatement of Taxes, and also of the City Council for the appointment of officers or for the removal of such officers, except for the meeting for the appointment of those officers identified in Art…

§ 440. Same—right of City (a) The City shall have power by resolution of its Board of Light Commissioners to confer upon any holder or holders of a specified amount or percentage of bonds, including a trustee or trustees for such holders, the right in the event of an “event of de…

§ 441. Rates; payment by municipal agencies The City Council or other board or agency of the City operating the electric plant may charge the City and all departments, agencies, instrumentalities, officers, or employers thereof for any electric service furnished to them, at the r…

§ 442. Bonds; proceeds All monies received from the issue of bonds (other than refunding bonds) shall be used solely to defray the cost of improving the electric plant of the City. The cost of improving the electric plant shall include all cost of acquisition, or improvement, inc…

§ 443. Energy conservation facilities The City is hereby authorized and empowered to provide or finance energy conservation facilities within the customer service area of its electric plant. The term “energy conservation facilities” includes facilities or improvements to faciliti…

§ 444. Construction of article The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law. Bonds may be issued hereunder for the improvement of the electric plant of the City notwithstanding that any other law may provide f…

§ 445. Same This article is remedial in nature and the powers hereby granted shall be liberally construed to effectuate the purposes hereof, and to this end the City shall have power to do all things necessary or convenient to carry out the purposes hereof in addition to the powe…

§ 446. Same; invalidity It is hereby declared that the sections, clauses, sentences, and parts of this article are severable, are not matters of mutual essential inducement, and any of them shall be exscinded if this article would otherwise be unconstitutional or ineffective; it …

§ 447. Ratification (a) Notwithstanding the foregoing provisions of this article, and except as provided in subsection (b) of this section, no bonds shall be issued under this article unless and until more than 50 percent of the legal voters of the City present and voting thereon…

§ 448. Powers exercised through City Council The powers granted to the City hereunder shall be exercised by its City Council, notwithstanding the provisions of section 228 of this charter. No provisions hereof or of said section 228 of this charter shall be deemed to permit the e…

§ 449. Authority for joint venture for telecommunications In addition to the authority granted under otherwise applicable law, the City has the power and is authorized to establish a joint venture or any other business relationship with one or more third parties to provide teleco…

§ 45. Mayor not to participate in enactment of ordinances; approval by Mayor of Council actions required For the enactment of all ordinances and bylaws and the transaction of any other business by the City Council, except such as is designated in section 44 of this charter, the M…

§ 46. Approval or veto of ordinances by Mayor; reconsideration; item veto on appropriations If the Mayor shall approve any ordinance, or bylaw, or any resolution or vote of the City Council in respect to the business above referred to, the Mayor shall sign the same. If the Mayor …

§ 47. Ordinances to become valid at expiration of certain period if not returned If any such ordinance, bylaw, resolution, or vote shall not be returned by the Mayor of the City Council at the next meeting of said City Council after the expiration of two weeks from the time the M…

§ 48. Enumerated The City Council shall have power: (1) To establish and regulate a market and to regulate, license, tax, or prohibit the selling or peddling of meat, fish, or other provisions on foot or from vehicles about the City, except that the City Council shall not have po…

§ 49. Authority to enact The City Council may make, alter, amend, or repeal any resolutions, bylaws, regulations, and ordinances that it may deem necessary and proper for carrying into execution the foregoing powers or for the well-being of said City, and which shall not be repug…

§ 5. Election to be by ballot; method of election; runoff elections All elections of the Mayor, City Councilors, school commissioners, and ward election officers shall be by ballot, using a system of ranked choice voting without a separate runoff election. The Chief Administrativ…

§ 50. City Council to establish penalty The City Council may provide a penalty for the violation of any ordinance, regulation, or bylaw not to exceed $500.00. Each day the violation continues shall constitute a separate and distinct offense. If no penalty shall be fixed for the v…

§ 501. City of Burlington utility facilities; taxation of 32 V.S.A. § 3659 shall not apply to land, buildings, and other facilities of the City of Burlington used for the generation of electric energy. Such land, buildings, and facilities owned by the City of Burlington and situa…

§ 506. Definitions The following terms when used in this article shall, unless the context otherwise requires, have the following meanings: (1) “Bonds” means any bonds, notes, or other obligations of the City issued pursuant to this article. (2) “City” means the City of Burlingto…

§ 507. Bonds; issuance of The City is hereby authorized and empowered to issue bonds, from time to time, for the purpose of financing the cost of any improvement to the waterworks or wastewater system. The bonds and the interest thereon shall be payable solely and exclusively fro…

§ 508. Refunding The City, upon the approval of the Board of Public Works Commissioners and the City Council, may issue refunding bonds for the purpose of paying any of its bonds issued hereunder at maturity or upon acceleration or redemption. No affirmative vote of the registere…

§ 51. Ordinance enforcement (a) The violation of an ordinance, regulation, or bylaw adopted by the City, including zoning and subdivision bylaws adopted pursuant to 24 V.S.A. chapter 117, as the same may be amended from time to time, may be prosecuted as a criminal or civil actio…

§ 52. Court authorized to order abatement In any prosecution for a nuisance arising under this charter or under any lawful ordinance, regulation, or bylaw resulting in a judgment or conviction, the court before which said judgment or conviction shall be had shall order the nuisan…

§ 54. Offenders may be liable in damages A person violating any ordinance, regulation, or bylaw of said City shall be liable in damages to said City or to the person who shall sustain damage as the direct result of said violation; such damages may be recovered in an action declar…

§ 55. City Council may authorize sale or lease The City Council shall have the exclusive power to authorize sale or lease of any real or personal estate belonging to said City, and all conveyances, grants, or leases of any such real estate shall be signed by the Mayor and sealed …

§ 56. Council to have powers conferred by statute regarding public burial grounds In establishing or enlarging public burial grounds within said City, the City Council shall have the same power as is conferred by the general laws of the State upon selectboards, and shall proceed …

§ 57. Manner of taking land for reservoirs, aqueducts, water pipes, etc In taking lands for the purpose of establishing and maintaining reservoirs, aqueducts, water pipes, hydrants, or any other apparatus necessary for such purposes, the City Council shall proceed in the same man…

§ 58. Council to issue citation that land is to be taken; service In giving notice to all persons owning or interested in any lands to be taken for such purposes, the City Council shall issue its citation, signed by the Mayor or its Chief Administrative Officer; said citation sha…

§ 59. Refunding bonds; Council may authorize issuance of bonds The City Council may authorize the issuance by said City of refunding bonds for the purpose of paying any of its bonds issued hereunder at maturity or upon acceleration or redemption.

§ 6. Requirements generally (a) All warnings for meetings for the election of City or ward officers, and for general meetings of all the legal voters of said City, for any purpose, shall be issued by the Mayor and published in the manner and for the length of time designated in 1…

§ 60. Same-issuance prior to maturity or redemption; amounts; issuance, maturities, security, rights of owners, and rights, duties, and obligations of City; general laws relating to refunding of municipal bonds and indebtedness inapplicable Any refunding bonds or notes may be iss…

§ 61. Bonds to be signed and contain statement that they conform to applicable provisions Such notes or bonds so authorized shall be signed by the Mayor and countersigned by the Treasurer of said City, and if interest coupons are attached thereto, they shall be signed by the Trea…