The Vermont Statutes Online

Title 24 Appendix: Municipal Charters

Chapter 109: Town of Cavendish

• Subchapter 001: Transitional Provisions

• § 1. Merger of the Village and Town

  At midnight at the end of July 9, 1986, the Village of Proctorsville shall merge into the Town of Cavendish, and the Village of Proctorsville shall, except as hereinafter provided, cease to exist as a political entity or body corporate, and the merged shall hereinafter be known as the Town of Cavendish.

• § 2. Properties transferred and liabilities assumed

  (a) Upon the merger specified in section one of this charter, all the lands, buildings, easements, funds, uncollected taxes, monies, street lights, and other property of the Village of Proctorsville, of any description, except as hereinafter provided, shall become vested in and become the property of the Town of Cavendish, and all indebtedness, bonded and otherwise, of the Village of Proctorsville shall be assumed by the Town of Cavendish, without any further act, deed, or instrument being necessary.

  (b) Upon the merger specified in section one of this charter, the lands described as Greven Field, five acres, more or less, and the Main Street Fire Hall, so-called in the Village of Proctorsville and no other land, shall be retained and vested in the independent Proctorsville Fire District, to be established simultaneously with this merger by petition pursuant to the dictates of 20 V.S.A. chapter 171.

• § 3. Properties held in trust

  Any and all properties held in trust by the trustees of the Village of Proctorsville, or any officer thereof, shall become vested in the Selectboard of the Town of Cavendish and its successors, or in the respective officer of the Town and the officer’s successor, as the case may be, and shall continue to be held in trust for the same uses as before the merger, all without any further act, deed, or instrument being necessary.

• § 4. Settling the affairs of the Village of Proctorsville

  Prior to the merger, the officers of the Village of Proctorsville shall settle so far as possible their financial affairs and shall except as hereinafter provided, on said date, turn over and deliver to the Clerk of the Town of Cavendish all records, books, and documents of the Village of Proctorsville, and to the proper officers of the Town all property of the Village of Proctorsville, except the heretofore noted property of the independent Proctorsville Fire District.

• § 5. Finances

  With the exception of special service funds as provided in section 29 of this charter, the funds of the Village of Proctorsville shall be added to the General Fund of the Town of Cavendish.

• § 6. Water rates

  (a) All water rates of the Village of Proctorsville in effect at the time of merger shall continue in effect until changed by the Selectboard of the Town of Cavendish. All costs of the Water Department shall be paid by the users.

  (b) Annual water charges shall be at a rate sufficient to cover annual expenditures, adequate reserves, temporary indebtedness, and the amortizing of bonded indebtedness and interest.

• § 7. Existing ordinances; municipal maps; regulations

  (a) The Town Plan, zoning regulations, subdivision regulations, and official maps of the Town of Cavendish and the Village of Proctorsville, as they exist or may exist, all as contemplated by the Vermont Planning and Development Act, shall become and be the Town Plan, zoning regulations, subdivision regulations, and official maps of the Town of Cavendish, as merged.

  (b) All rules, ordinances, regulations, and bylaws for the Village of Proctorsville, if any, in effect on the day before the merger shall become and continue in full force and effect as rules, ordinances, regulations, and bylaws of the Town of Cavendish, for the respective area presently involved, unless in conflict with rules, ordinances, regulations, and bylaws of the Town of Cavendish already existing, until lawfully amended or repealed.

  (c) Whenever a power is granted by any such rule, ordinance, regulation, or bylaw to an officer of the Village of Proctorsville, such power is conferred hereby upon the appropriate officer of the Town of Cavendish.

• § 8. Election of Selectboard

  Town Selectboard members in office at the date of adoption of the merger shall continue in office until the end of their respective terms. Village trustees in office at the date of adoption of the merger shall cease to serve as trustees. No further trustees shall be elected.

• § 9. Votes required for effect

  All sections of this plan of merger shall take effect if this plan is approved as follows:

  (1) by majority vote of the Town of Cavendish, which includes all qualified voters of the Town; and

  (2) by majority vote of the Village of Proctorsville, which includes all qualified voters of the Village; and

  (3) by compliance with the terms of 24 V.S.A. chapter 49.

• Subchapter 002: Powers, Structure, and Authority of the Town

• § 21. Applicability of general law

  (a) All provisions of the Constitution and general laws of the State of Vermont relating to towns and their officers shall apply to the Town of Cavendish.

  (b) The Town of Cavendish shall have all the powers now or hereafter conferred upon towns and villages by the Constitution and general laws of the State of Vermont.

  (c) The form, function, powers, and administration of the Town government of the Town of Cavendish shall not and will not be altered, changed, or amended under the terms of this plan of merger.

• § 22. Officers

  (a) The Town of Cavendish shall have the officers as provided for towns by general laws except as provided by this section. Such officers shall have all the powers and duties necessary to carry out the provisions of this merger as well as those provided by law.

  (b) Those Town officers that are elected in the Town of Cavendish shall continue to be elected and no provision of this merger will alter or amend their status, standing, or term of office.

  (c) The Town of Cavendish shall continue to have five Selectboard members who shall be elected for the following terms: three for three years and two for one year terms. Such Selectboard members shall have all the power and authority given to and perform all duties required of Town legislative bodies or Selectboards under the Constitution and laws of the State of Vermont. The Selectboard members as presently constituted in the Town of Cavendish will continue in office for their respective terms as the Selectboard under the provisions of this merger.

  (d) The Selectboard shall determine its own rules and procedures but in compliance with pertinent laws of the State of Vermont. The Selectboard may elect its own Chair.

  (e) Without limiting any of its duly vested powers and authority, the Selectboard shall continue to have those powers and duties as conferred by law.

• § 23. Town Manager system

  Until and unless the Town of Cavendish shall reject the same by a majority vote of the legal voters, present and voting at an annual meeting, the Town of Cavendish shall take advantage of the provisions of 24 V.S.A. chapter 37, and the Selectboard shall continue with the appointed Town Manager system of government.

• § 24. Powers and functions

  (a) The Town shall have the authority to exercise all powers relating to municipal affairs conferred and granted by law, including those implied powers necessary to effectuate and execute granted powers.

  (b) Without limiting any of its duly vested powers and authority, the Town of Cavendish may exercise those powers conferred by law.

• § 25. Ordinances

  Any rule, ordinance, regulation, or bylaw of the Town of Cavendish may apply to a limited area and not the whole Town, notwithstanding that the ordinance, rule, or regulation might also have been applied to another area or areas within the Town.

• § 26. Fire prevention

  For the prevention and control of fires, the Town of Cavendish may function with volunteer firefighter districts. At present there are two: one in the Proctorsville Village area, to be established by petition as an independent fire district as prescribed by 20 V.S.A. chapter 171, and one in Cavendish known as Fire District No. 2. Each group shall choose its own Chief and other officers and hold its own meetings, as well as service its own geographic district. Each district shall propose and ratify its own budget and duly administer and collect the same through a fire district tax pursuant to statute.

• § 27. Water and Sewer Departments

  Control and management of the Village water system and Town water and sewer systems shall be vested in the Town, subject to all indebtedness and liabilities relating thereto; provided, however, that administration of the systems and payment of existing liabilities relating thereto shall be as specifically provided for in this merger.

• § 28. Street lights

  The cost for power for all public street lighting shall be paid from the General Fund of the Town of Cavendish.

• § 29. Special districts

  (a) According to law, the Selectboard may designate areas apart from the rest of the Town as a special service district and may provide that the area of the voters therein shall be provided with special services not common to all the voters of the Town, provided that the majority of the voters residing in the respective designated areas are present and voting at a special district meeting on the subject shall have approved of such resolution.

  (b) Such areas shall be reasonable geographically, taking into account the areas and persons actually benefited, the types of services to be provided, and the fact that the efficiency of providing multiple services in a single, special service district might outweigh the fact that the areas and voters benefiting from the respective services might not coincide exactly. All costs required to support a given special service shall be paid for by the taxpayers receiving the service, by a tax on the grand list in the special service district involved, to be assessed annually by the Selectboard, or in such other manner as the Selectboard determines. If the costs are to be paid by a tax, the tax shall be paid and collected in the same manner as other taxes, and the tax assessed on any part of the grand list shall be in lien thereon. All funds of any special service shall be kept in a special fund, no part of which may be used for any other purpose.

  (c) The warning for each annual or special district meeting may contain appropriate articles under which the legal voters residing at any special service district may separately vote.

• § 30. Voting procedures for annual water and sewer expenses and extensions

  (a) The Selectboard shall propose and adopt annual budgets for water and sewer to defray necessary expenses and thereafter set rates for users to pay the same.

  (b) In case of future extension of water or sewer lines and to presently unserved areas where bonding or temporary costs are to be assumed by the Town, all legal Town voters shall be eligible to vote on the project.

  (c) In all cases where bonding is required, all legal voters of the Town may vote on the bond issue.

• § 31. Special funds

  (a) The Town Treasurer shall keep all money in a special fund in an account or accounts separate from that of any other special fund and from those of the other Town funds, and shall honor no warrant upon it except for the purpose thereof as heretofore enumerated.

  (b) Any person who shall pay or cause to be paid any portion of any special fund for any purpose other than as herein specified shall forfeit to the Town for the benefit of such special fund twice the amount so paid to be recovered in a civil action of this section. It shall be the duty of the Town Agent to defend and prosecute suits and to bring an action to collect the forfeiture. In case such person is bonded, the bondsman shall be joined with the person in such action, provided such bondsman is within the jurisdiction of the State of Vermont.

• Subchapter 003: Amendment and Severability

• § 32. Amendment of plan

  This merger plan may be amended as set forth by the general laws of this State.

• § 33. Severability

  If any provision of this plan shall for any reason be held invalid, such invalidity shall not effect the remaining provisions, which can be given effect without the invalid provision. To this end, the provisions of this merger are severable.

• § 34. [Transitional provision relative to approval and ratification.]