Title 24APPENDIX, Title 24APPENDIX: Municipal Charters

§ 105. Reservation of powers to the Town Nothing in this charter shall be construed to in any way limit the powers and functions conferred on the Town of Middlebury and the Selectboard of said Town by general or special enactments of State statutes or regulations in force or effe…

§ 106. Ordinances; penalties for breach thereof (a) A Town ordinance may provide: (1) for a fine in an amount not greater than $1,000.00; and (2) that each week a violation continues shall constitute a separate offense. A violation of a Town ordinance shall be classified as a mis…

§ 107. Ordinances; adoption by Selectboard (a) If the Selectboard desires to adopt an ordinance, they shall cause it to be entered in the official record kept of their proceedings, and thereafter, they shall adopt it subject to final approval after the public hearing as hereafter…

§ 108. Referendum (a) All Town ordinances, except as specified in section 110 of this charter, may be repealed by vote of the Town as follows: A petition signed by not less than 10 percent of the registered voters shall be filed with the Town Clerk requesting a vote on the questi…

§ 109. Initiative Any lawful ordinance may be enacted by vote of the Town as follows: A petition signed by not less than five percent of the registered voters shall be filed with the Town Clerk requesting enactment of the ordinance and accompanied by the text thereof. The Selectb…

§ 110. Nonapplicability to zoning and subdivision (a) The provisions of sections 107, 108, and 109 of this charter shall not apply to the enactment, amendment, or repeal of any zoning ordinance or zoning bylaw; any land subdivision ordinance or land subdivision bylaw; nor to the …

§ 1101. Applicability of State law to zoning and planning The Zoning Administrator under any Middlebury zoning ordinance or bylaw shall be appointed annually by the Selectboard after the annual meeting and shall serve for one year or until his or oher successor is appointed and q…

§ 1102. Ratification of present zoning ordinance Except as hereinafter provided, the zoning ordinance of the Town of Middlebury adopted 5 March 1968, as amended, is hereby ratified and approved, subject to provisions of 24 V.S.A. chapter 91.

§ 1103. Ratification of subdivision regulations The subdivision regulations of the Town of Middlebury adopted on 14 June 1966, as amended, are hereby ratified and approved, subject to provisions of 24 V.S.A. chapter 91.

§ 1104. Minutes (a) Copies of the minutes of the Zoning Board of Adjustment or the Middlebury Planning Commission, or portions thereof, shall be made available to any member of the public upon request to the Town Manager and at cost. (b) Copies of the minutes of the Zoning Board …

§ 111. Authority of police officers The police officers of the Town shall have the same powers throughout the State with respect to criminal matters, and the enforcement of the laws relating thereto, as they have within the Town.

§ 1301. Fiscal year This fiscal year shall commence on the first day of January and end on the last day of December, unless the Town, at its annual meeting, shall determine otherwise. If the Town votes another fiscal year, it shall specify the procedure for transition, including …

§ 1302. Preparation and submission (a) The Town Manager, at least 60 days before the date of the regular annual Town meeting, shall submit to the Selectboard a budget that, except as required by law or this charter, shall be in such form as the Manager deems desirable or the Sele…

§ 1303. Saving clause Failure to perform any of the duties specified in section 1302 of this charter, or failure to perform any of such duties within the time limits above specified, shall not invalidate any action taken at a properly warned annual meeting.

§ 1304. Appropriations The Town at the annual meeting shall adopt a budget that shall include the proposed expenditure of each department for the coming fiscal year, and adoption of a budget at the annual meeting shall be deemed an appropriation to each department of the sum allo…

§ 1305. Amount to be raised by taxation (a) Upon passage of the budget by the annual Town meeting, the amounts stated therein as the amount to be raised by property taxes shall constitute a determination of the amount of the levy for the purposes of the Town in the corresponding …

§ 1306. Budget limitations; borrowing (a) The incurring of bonded indebtedness, the issuing of bonds, the making of temporary loans in anticipation of bond sales, and all other matters pertaining to bonded indebtedness shall be controlled by 24 V.S.A. chapter 53 or such State sta…

§ 1307. Transfers of appropriations At any time during the fiscal year, the Manager may transfer part or all of any unused appropriation balance among programs within a department, office, or agency. Upon written request by the Manager, the Selectboard may by resolution transfer …

§ 1308. Taxation (a) Taxes on real and personal property shall be paid in two equal payments unless the majority of voters at the March Town meeting vote to have tax payments in three or more equal payments. (b) Interest and penalties on unpaid taxes shall be levied in accordance…

§ 1308a. Sales, rooms, meals, and alcoholic beverages tax (a) The Town of Middlebury may impose a tax on those transactions in the Town involving sales, rooms, meals, or alcoholic beverages that are subject to taxation by the State of Vermont. Imposition of any tax by the Town un…

§ 1309. Investments (a) With respect to money raised in a current year for that current year’s operating expenses, the Town may only invest such funds in instruments in which the principal is not at risk. (b) For all other monies, investments of Town funds shall be made in: (1) o…

§ 1501. Separability If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstances is held invalid, the application of the charter and …

§ 1502. Continuance of office or employment Except as specifically provided by this charter, if at the time this charter takes full effect a Town administrative officer or employee holds any office or position, he or she shall continue in such office or position until the taking …

§ 1503. Pending matters All rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this charter and in each case shall be maintained, carried on, or dealt with by the Town department, off…

§ 1504. Municipal laws All Town ordinances, resolutions, orders, and regulations that are in force when this charter becomes fully effective shall remain in full force and effect excepting only those ordinances, resolutions, orders, and regulations that are inconsistent with this…

§ 1505. Fire District No. 1 East Middlebury (a) The Fire District of East Middlebury shall continue under the provisions of its charter as established by act of the State Legislature. (b) By majority vote of the Town of Middlebury and of Fire District No. 1 of East Middlebury, th…

§ 1506. Copies of the charter Two copies of this charter with amendments and information sheets, if there are any, shall be kept in all Town libraries. If at any time these copies shall become unreadable or be destroyed, the Town, at Town expense, shall provide the library with s…

§ 1507. Sec. 4 of the Incorporated District No. 4 (a) The officers of said District shall be a Moderator, a Clerk, a Treasurer, a Collector, and an Auditor, who shall be chosen annually, and a Prudential Committee of seven, hereafter to be chosen as follows: (b) At each annual me…

§ 1508. Amendment of charter This charter may be amended as set forth by State law under 17 V.S.A. § 2645.

§ 1509. Reference to State statute If any matter mentioned in this charter is said to be controlled by a specific State statute, the reference to the State statute shall include the statute as amended or renumbered, or any statute substituted therefor and having similar subject m…

§ 1510. [Transitional provision.]

§ 301. Generally The officers of the Town of Middlebury shall be those provided by law for towns, except as otherwise provided by this charter. Such officers shall have all the powers and duties necessary to carry out the provisions of this charter as well as those provided by la…

§ 302. Elective officers (a) The officers elected by the Town at its annual meeting shall be: (1) Five Selectboard members. (2) Town Meeting Moderator. (3) Five trustees of the Ilsley Library. (4) Three listers. (5) Three auditors, unless the Town has voted to eliminate the Offic…

§ 303. Terms of office — Selectboard members (a) Each Selectboard member shall be elected for a three-year term, except in the first election after this charter is adopted, at which two Selectboard members shall be elected for three-year terms, and one Selectboard member shall be…

§ 304. Other elective officers (a) The Board of Listers. (1) The Board of Listers shall consist of three members, to be elected as follows: the first year, one shall be elected for a three-year term; the two incumbent officers shall complete their elected terms. Thereafter, one s…

§ 305. Treasurer (a) The Treasurer shall be appointed by the Selectboard. (b) The Treasurer shall perform the duties required by State statutes or provided by this charter. He or she shall: (1) promptly deposit funds coming into his or her hands in such depositories as may be des…

§ 306. Appointed officers (a) The Selectboard shall appoint any officers required by the Town’s personnel regulations or this charter. (b) The Town Manager shall function as the personnel officer of the Town. (c) Within one year after the adoption of this charter, the Selectboard…

§ 307. Recall (a) Any officer elected under subsection 302(a) of this charter may be removed from office as follows: (1) A petition signed by not less than 15 percent of the registered voters shall be filed with the Selectboard, requesting a vote on whether the elected officer sh…

§ 308. Vacancies and appointments (a) When the term of any member of the Zoning Board of Adjustment, the Planning Commission, or any other Town board or commission expires, or when the term of any officer appointed under subsections 306(d) and (e) of this charter expires, or when…

§ 309. Bonding of officers All officers of the Town required to be bonded by State law shall be bonded.

§ 501. Powers and duties (a) The members of the Selectmen shall constitute the legislative body of the Town of Middlebury for all purposes required by statutes, and except as otherwise herein specifically provided, and shall have all powers and authority given to and perform all …

§ 502. Organization (a) Forthwith after their election and qualification, the Selectboard shall organize and elect a Chair and Vice Chair by a majority vote of the entire Board. (b) The Chair of the Board, or in his or her absence, the Vice Chair, shall preside at all meetings of…

§ 503. Meetings (a) As soon as possible after the election of the Chair and Vice Chair, the Board shall fix the time and place of its regular meetings and such meetings shall be held at least twice a month. (b) The Board shall determine its own rules and order of business. (c) If…

§ 504. Record of proceedings (a) It shall be the duty of the Selectboard to keep an official record of its proceedings that shall be open for public inspection. (b) The minutes of each meeting shall be approved by the Selectboard. The official copy shall be filed in the Town Cler…

§ 505. Appointments (a) The Selectboard may appoint commissions or committees as needed. (b) Jurisdiction over other officers and employees. Neither the Selectboard nor any of its members shall direct or request the appointment, by any officer or employee of the Town, of any pers…

§ 506. Compensation (a) The auditors shall fix the compensation of the members of the Selectboard, unless the Town has voted to eliminate the Office of Auditor pursuant to 17 V.S.A. § 2651b, in which case the Town may fix the compensation of the members of the Selectboard at an a…