The Vermont Statutes Online
- Subchapter 001: VILLAGE BOUNDARIES
§ 235-1. Boundaries
All that part of the Town of Ludlow in the County of Windsor, bounded and described as follows: Commencing at a post on the south side of the highway leading from Ludlow Village to Proctorsville at the northeast corner of land of Freeman H. Fuller, thence running north 22 degrees and 30 minutes east, 84 rods to a stone wall between land of S. L. Valentine and land of William L. Lawrence; thence continuing on the same course 110 rods to a post set for a corner; thence running north, 67 degrees and 30 minutes west, 187 and one-half rods to a post on the east side of North Hill road, opposite the northeast corner of land of Delia C. King; thence running north, 79 degrees west, along a stone wall 96 rods to the west end of said stone wall; thence in the same course 50 rods to a stake on the east side of a road leading to back lots; thence in same course 63 rods to a post on the west side of the Dug-way road; thence in same course across Black River to a post on the west side of the stage road to Plymouth; thence in the same course, 22 rods, to the west line of the Rutland Railroad; thence southerly along the west line of said railroad 224 rods to a post on the north side of the West Hill road; thence south, 22 degrees and 30 minutes west, 26 rods to a post on the north side of the line fence between lands of Richard M. Bates and Wallace E. Hemmenway; thence in the same course 111 rods to a post on the north side of the highway leading to said Richard M. Bates' dwelling house; thence in the same course 29 rods to a post set as a corner near a large yellow birch tree; thence north 86 degrees and 20 minutes east, 394 rods to a post set as a corner near a railroad mile post marked "93" on the south side of the railroad aforesaid; thence north, 22 degrees and 30 minutes east, 63 rods to the place of beginning is hereby incorporated and made a body politic and corporate, and shall hereafter be known by the name of the Village of Ludlow, and by that name may have perpetual succession, and be capable of suing and being sued, may have a common seal and the same alter at pleasure, and shall be capable of purchasing, holding, and conveying personal and real estate for the use of said Village, and at any annual or special meeting, warned for that purpose as herein provided, lay a tax upon the real estate within the same, whether of residents or non-residents, for any of the purposes herein mentioned; and the trustees shall assess all taxes and make out a rate-bill accordingly, and deliver the same to the Collector. And it shall hereafter be the duty of the listers of Ludlow in making the list of the said Town of Ludlow to designate therein such of the ratable estate thereof as shall be within the limits of said Village.
- Subchapter 002: VILLAGE OFFICERS
§ 235-21. Officers and boards
The officers of said Village shall consist of three trustees who shall constitute the Board of Trustees, three water commissioners who shall constitute the Board of Water Commissioners, three electric light commissioners who shall constitute the Board of Electric Light Commissioners, a Chief Engineer, and First and Second Assistant Engineers, a Clerk, Treasurer, Collector, and an Auditor, all of which officers shall be chosen by ballot; except the Assistant Engineers, who shall be appointed by the Chief Engineer. Said officers shall be elected for the term of one year, except the members of the Board of Trustees, the Board of Water Commissioners, and the Board of Electric Light Commissioners, who shall be elected for the term of three years, and until their successors are elected.
§ 235-22. Board of Trustees; duties
The Board of Trustees shall have the general care and management of the prudential interests and affairs of said Village; shall direct the expenditure of all moneys belonging to said Village, draw orders upon the Treasurer, and generally perform all the duties legally enjoined upon them by said corporation, and shall submit their accounts and vouchers to the Auditor at least twenty days before the annual meeting of each year. Said trustees shall have power to abate taxes laid or assessed by virtue of this act; but the power of said trustees to abate taxes shall be subject to the same limitations and may be exercised for the same causes as mentioned in section 2736 of the Revised Laws. The trustees shall have the powers and duties of selectmen specified in sections 3939 through 3946 of the Public Laws of 1906 related to the diversion of streams and the establishment of drains ditches and water courses. The trustees shall fill a vacancy in a Village office, and a person so appointed shall serve for the unexpired time; but the Village may, at any time before the expiration of such term, supersede such an appointment by a new election at a special meeting, for the remainder of the term. All power vested in said trustees may be exercised by a majority of them.
§ 235-23. Clerk
It shall be the duty of the Clerk to keep a record of all proceedings of said corporation, and of the meetings of the trustees, and he or she shall give copies of the same when required, upon payment of reasonable fees. It shall be his or her duty to warn special meetings of said corporation, by the direction of a majority of the trustees, or by the written request of five voters of said corporation, and all annual meetings, by posting notice thereof in three different public places in said Village, at least six days before the time of meeting, together with a statement of the business to be transacted. Any business may be transacted at an adjourned meeting, which under the warning might have been transacted at the original meeting.
§ 235-24. Treasurer and Collector
The Treasurer and Collector shall have similar powers and duties to those of town treasurers and town collectors. They shall each give bonds to the Village, conditional to the faithful performance of the duties of their office, in such sums and with such sureties as the trustees may prescribe. If a Treasurer or Collector does not give such bonds within 10 days after his or her election or appointment, his or her office shall be vacant.
§ 235-25. Auditor
The Auditor shall, previous to each annual Village meeting, examine and adjust the accounts of Village officers, and report the accounts so adjusted, with the items thereof, and also the state of the treasury, to the Village at its annual meeting. The Auditor shall cause his or her report to be printed, at the expense of the Village, and circulated among the taxpayers thereof at least five days before said meeting.
§ 235-26. Engineer
The Engineer, and in his or her absence the Assistant Engineer next in authority, shall have power, at times of fire, to suppress tumults and riots by force, if necessary, to direct the labor of all persons present during the continuance of such fires, remove all effects endangered by such fires, and protect the same from waste and depredation, to pull down or remove any house or store, or other building, where he or she may deem it necessary to prevent the spreading of such fires, for which he or she or those assisting him or her shall not be held responsible; and to require of the inhabitants of said Village their aid and assistance for the several purposes aforesaid; and said engineers may inspect the manner of manufacturing and keeping gunpowder, lime, ashes, matches, lights, fireworks of all kinds, and other combustibles, and the construction and repairs of fire-places, stoves, and chimneys, in said Village, and a majority of said engineers may, if they deem the same dangerous, order in writing the persons manufacturing such gunpowder, lime, ashes, matches, lights, fireworks, or combustibles in what manner to manufacture, and keep the same; and every person neglecting to obey such orders shall be fined not exceeding $20.00.
- Subchapter 003: PUBLIC SAFETY AND ENFORCEMENT OF ORDINANCES
§ 235-31. Fire protection
The engines, hose, hooks and ladders, and buildings for storing and preserving the same, together with the water cisterns, fire pumps, hydrants, engine and hook and ladder companies, shall be under the particular charge, superintendence, and control of the Engineer, who shall at each annual meeting make report in writing of the condition of his or her said department. Provided, however, that the trustees of said Village shall have the special charge and direction of all repairs necessary to be made, and recommended by the Engineer, to any of the buildings, engines, hose, hooks and ladders, fire pumps, hydrants, and water cisterns, and no moneys shall be appropriated or paid by said corporation for any of the purposes aforesaid unless said repairs shall have been made by and with the consent and direction of said trustees, or a majority of them. And in no case shall the engine and fire apparatus be taken from the Village limits for the purpose of attending fireman's parade.
§ 235-32. Police officers; duties; failure to arrest violators
(a) The trustees shall have power to appoint police officers not exceeding five in number, except on public occasions, when they may appoint such number of special police for that occasion as they may think necessary, by writing under their hands, who shall be qualified by taking the oath of office, and causing their said appointments to be recorded by the Clerk of said corporation; but such appointment may be revoked by a majority of said trustees, in their discretion, which revocation shall also be in writing, and be recorded by said Clerk; such police officers shall, by virtue of said appointment be informing officers, constables, and conservators of the peace within said Village, and may serve any criminal process returnable within said Village and they may also commit any person convicted of a violation of this act, or any bylaw thereof, or of any law of the State, upon mittimus, to the house of correction; and they shall be proper officers in justice criminal courts held within said Village, with full power to empanel, draw, and summon jurors before such justice courts; and a justice holding a justice court shall, in his or her discretion, designate some one of said police officers to act as officer of such court, who shall receive the same fees for his or her services as constables. And such police officers, for serving all such criminal processes as aforesaid, shall be entitled to receive therefor, the same fees as constables would be entitled to receive for the same services. Such police officers shall, upon view of any violation of this act, or of any bylaw of said Village or the laws of this State, within the limits of the Village of Ludlow, arrest the offender forthwith, and, without warrant for that purpose, convey such offender before any justice of the peace to answer complaint therefor, and may make complaint, on oath, against such offender; and, upon the trial of such complaint, shall be a competent witness; provided, if any such police officer shall so arrest any offender, he or she may commit him or her to the Village lock-up or otherwise detain him or her in safe custody, not exceeding 24 hours, at the end of which he or she shall be discharged, unless then taken before some justice of the peace to answer to the offense for which he or she was arrested, provided, further, however, that, if such arrest shall be made between sunset of Saturday and nine o'clock of the following morning, such offender shall be kept in safe custody until the next following Monday morning; and, for such arrest, and the services connected therewith, such police officer shall receive the same fees as sheriffs or constables are entitled to for the same or similar services. Said police shall, upon such arrest, forthwith notify some justice of the peace, who shall have said offender brought before him or her at once unless there is some good reason for not doing so; and said officer shall be entitled to 10 cents for every hour he or she shall have had said offender in custody, and the same shall be taxed as costs against said offender. Said police officer shall have the same right to demand assistance from any person or persons which sheriffs and constables now have, and any person refusing to assist such police officer shall be subject to the same fines and penalties as now provided by law for refusing to assist a sheriff or constable in making an arrest.
(b) If the said police officers, or any one of them, neglect or refuse to arrest any person guilty of violating any provisions of this act, or of the bylaws of said Village relating to gaming, public or private nuisances, immoderate riding or driving in the streets, cruelty to animals, playing of ball, firing of rockets, squibs, firecrackers, or disturbing the peace in other ways, shall be fined not less than five dollars or more than $20.
§ 235-33. Waiving of Village bylaws
The trustees may on legal holidays, or on the occurrence of any important event, suspend such rules and regulations contained in the Village bylaws as in their judgment may seem advisable, by posting notice defining the same in at least three public places in said Village.
§ 235-34. Prosecutions
Prosecutions for offences under the provisions of this act and for violation of the provisions of any by-laws of said Village made in pursuance of this act may be commenced on complaint of any police officer of said Village or any grand juror of the Town of Ludlow before any justice of the peace in said County of Windsor, and all fines and costs imposed for the violation of any of the provisions of this act or the violation of any of the bylaws of said Village or the laws of the State within the limits of said Village, shall be paid into the treasury of said Village. And the costs of prosecution shall be paid out of the same treasury to the persons entitled thereto on the order of the justice of the peace before whom the trial was held.
- Subchapter 004: BOARD OF HEALTH
§ 235-41. Establishment of Board
The trustees of the Village of Ludlow shall appoint two competent physicians of said Village, who, with the trustees aforesaid, shall constitute a Board of Health for said Village. Such Board of Health shall make such regulations as they may judge necessary for the suppression, abatement, and removal of sources of filth and causes of sickness, and shall cause such regulations to be published from time to time in some newspaper of the Village.
§ 235-42. Board investigations
Said Board, or a majority thereof, upon application of any citizen shall forthwith examine into nuisances, sources of filth, and causes of sickness in said Village, and make such order to destroy, remove, or prevent the same, as the case may require, and when found on private property shall in writing order the owner or occupant thereof, at his or her own expense, to remove the same, and if such owner or occupant does not remove the same within 24 hours after being ordered, he or she shall be fined not more than $20.00.
§ 235-43. Board compensation
Said Board shall receive such compensation for its services as the Village may vote.
§ 235-44. Enforcement of Board regulations
A person who violates a regulation made by the Board of Health shall be fined not more than $20.00, and a person so violating shall be subject to the same penalty for each day's continued violation.
§ 235-45. Removal of health violations
If said owner or occupant does not comply with the order of said Board, the Board may cause such nuisance, source of filth, or cause of sickness to be removed, and the Village may recover the expense of such removal, with costs, of said owner or occupant causing or permitting the same, in an action of debt.
- Subchapter 005: GRAND LIST AND TAXATION
§ 235-51. Grand list
The grand list of Ludlow, comprised within the limits of the Village, shall constitute the grand list of the Village. All the territory embraced within the limits of said Village is hereby constituted a highway district of the Town of Ludlow, and all the highway taxes assessed upon the ratable estate therein shall be paid in money.
§ 235-52. Highway taxes
(a) The trustees of said Village of Ludlow shall have power to direct the expenditure of three-fifths of all the highway taxes assessed upon the ratable estate within said Village.
(b) Three-fifths of the highway taxes assessed by the selectmen or voted by the Town of Ludlow, upon the grand list of the inhabitants of said Village and upon the ratable estate of non-residents situated within the limits of said Village of Ludlow shall be paid by the Treasurer or the selectmen of the Town to the Treasurer of the said Village, to be expended in the maintenance and repair of highways and sidewalks in said Village.
- Subchapter 006: BUILDINGS
§ 235-61. Buildings
The said Village of Ludlow may erect and keep in repair any buildings necessary or convenient for its purposes.
- Subchapter 007: WATER SUPPLY SYSTEM
§ 235-71. Taking of water for the Village
The Village is authorized under any vote heretofore or hereafter had for that purpose, through its Board of Water Commissioners hereinbefore mentioned, to take the water of any fountains, springs, ponds, or streams for the purpose of supplying the inhabitants of said Village and Town of Ludlow with water for fire, domestic, and other purposes, provided the owner or other person having any interest in the same shall not be deprived of such portion of water as may be necessary for agricultural and domestic purposes.
§ 235-72. Construction of water supply system
Said Village is hereby authorized and empowered under any vote heretofore or hereafter had for that purpose, through said water commissioners to construct and complete an aqueduct with all necessary reservoirs and appurtenances, to conduct said water to and distribute the same through said Village and outside of said Village within the limits of the Town of Ludlow, and for this purpose may enter upon and use any land over or through which it may be necessary or desirable for said aqueduct to pass, and may thereon lay and construct such pipes, reservoirs, and appurtenances as may be necessary for the complete construction and repairing of the same, and it may also, for the purposes aforesaid, dig up or occupy any common, highway, street, or bridge, for the purpose of laying, constructing, or repairing such aqueduct and the appurtenances thereof.
§ 235-73. Bonding for construction of water supply system
Said Village, by a majority vote in a meeting legally warned for that purpose, is authorized to issue bonds, not exceeding $30,000.00 on such terms as said Village shall prescribe for the purpose of paying the debt incurred in constructing said water system and carrying into effect the foregoing provisions. And, in case said Village shall neglect to make reasonable provisions for the payment of the interest and the principal of said bonds, as the same shall become due, it shall be the duty of the Treasurer of the said Village to make out and deliver to the Collector of said Village a tax bill on the grand list of said Village, and he or she shall therewith issue to said Collector his or her warrant, substantially in form as now provided, to be issued for the collection of Town or other taxes, directing the collection and payment of said tax to said Treasurer within 60 days from the time of such delivery, in amount sufficient to promptly pay the interest or principal then past due and unpaid. And such tax shall be paid to said Treasurer within 60 days from the time of such delivery, in amount sufficient to promptly pay the interest or principal then past due and unpaid. And such tax shall be paid to said Treasurer and the money so collected shall be specially held and used for the payment of such interest and principal as is unpaid; and it is hereby made the duty of the Treasurer of said Village to promptly pay the interest and principal of such bonded indebtedness as the same shall become due without any vote thereupon of said Village, and such tax bill shall have all the force in every respect of a tax bill voted therefor by said Village.
§ 235-74. Contracting for construction of water supply system
The said Village of Ludlow is hereby authorized and empowered to contract with any aqueduct or reservoir company from time to time for supplying said Village with water for fire purposes, for watering the streets, and for other public purposes, for such length of time and upon such terms as the Village at its annual meeting or at any special meeting duly called for that purpose shall direct. All contracts made by said Village with said aqueduct or reservoir companies, as provided by the foregoing section shall be legal and binding on said Village, and said Village may vote, levy, and collect taxes for fulfilling such contract or contracts.
§ 235-75. Damages and compensation related to construction of water supply system
In any case where damage or compensation to owners of, and other persons interested in, the water so taken, or land as may be used for laying, extending, constructing, and maintaining the aqueduct, and for the reservoirs and appurtenances, is not adjusted by agreement, or if the owner thereof be a minor, a person who lacks capacity to protect his or her interests due to a mental condition or major psychiatric disability, or out of the State, or otherwise incapacitated to sell and convey, the same shall be fixed by the Board of Water Commissioners after hearing all parties interested, the hearing to be had upon written notice of the time and place thereof, given at least six days before the hearing, and the Water Commissioners shall, within ten days after the hearing, file their award in the Town Clerk's office in the town or towns where the property in question is situated, and cause the same to be recorded in the land records of the town or towns. (Amended 2013, No. 96 (Adj. Sess.), § 170.)
§ 235-76. Appeal of damage and compensation determinations
When any person shall be dissatisfied with the award of the Water Commissioners so made, in any of the cases mentioned in section 75 of this charter, such person may petition the Windsor County Court for a reassessment and award of damages, and such proceeding shall be had in said Court on said petition as are provided by law for the assessment of damages for land taken for highways, except that the Commissioners appointed by said Court shall notify one of said Water Commissioners of said Village, instead of one of the selectmen. Said petition shall be served on the Clerk of said Village within 60 days next after said award shall be filed in the town clerk's office as aforesaid, and at least 12 days before the term of Court to which it is made returnable, but nothing in such proceedings shall prevent the Water Commissioners from entering on such land, and laying and constructing said aqueduct, reservoirs, and appurtenances, and using said water after their award shall have been made and the amount thereof tendered by them.
§ 235-77. Malicious disruption of water supply system
Any person who shall maliciously disturb or injure said aqueduct, reservoirs, springs, streams, pond, or fountains, or any of the connecting appurtenances, enclosures, or works thereof, or pollute the water of said aqueduct, reservoirs, springs, stream, pond or fountains, named or referred to in this act, or swim or bathe in the waters of said reservoir, springs, streams, or fountains, shall be liable to be prosecuted therefor by the grand juror of the town or the State's Attorney of the county wherein the offence shall be committed, by information, complaint, or indictment, and on conviction thereof shall be fined not less than five dollars nor more than $20.00 and costs of prosecution, and also shall be liable to said Village for all damages resulting to it by such disturbance, injury, or pollution, with full costs, and same to be recovered by said Village in an action on the case founded on this statute.
§ 235-78. Adoption of bylaws, regulations, and rates
The Board of Water Commissioners, as aforesaid, may make and adopt such bylaws and regulations concerning the management and use of such aqueduct, reservoirs, and appurtenances, not inconsistent with law, as it may deem expedient, including the fixing and collecting of water rates subject, however to the approval of the Public Service Commission as to the amount of said rates outside the Village; and the said water rates so fixed shall, until paid, be and remain a lien upon the premises of the parties so furnished with water in like manner as real estate is by law held for other Village taxes.
- Subchapter 008: SEWERS
§ 235-81. Construction of sewers
Whenever the public health or convenience shall require the construction of a common sewer or sewers in the Village of Ludlow, the said Village of Ludlow is hereby authorized and empowered to so construct said sewers and to repair the same from time to time when necessary, and for such purpose may take the land of individuals and corporations on making compensation for the lands so taken, and the trustees of said Village shall proceed in the same manner as is prescribed by law for selectmen in taking land for public highways and in awarding damages therefor, and the said trustees shall make a return of their doings to the office of the Clerk of said Village who shall record the same in the records of the Village, and said Village may also lay pipes along and across the streets, alleys, lanes, and highways in said Village and Town.
§ 235-82. Bonding for construction of sewers
The said Village of Ludlow is hereby authorized and empowered to borrow such sum or sums of money to defray the expenses of constructing said sewers and to pay land damages as the said Village may deem best, and to issue bonds with coupons attached bearing a rate of interest not exceeding six percent per annum, said interest to be payable annually or semi-annually as the Village may elect, such bonds to be issued in the following manner: The trustees of said Village on the application of 20 or more legal voters of said Village shall within 10 days after the receipt of said application, warn a meeting of the legal voters of such Village, to be held at the usual place of holding Village meetings in such Village, which notice shall specify the time and place of the meeting, which shall not be more than 20 nor less than 12 days from the time of posting said notice, and the warning shall be sufficient if it states that the business to be done at said meeting is to see if the Village will vote to construct sewers in said Village and will vote to issue bonds to defray the expense of constructing said sewers and paying all other necessary expense, and if the majority of the votes given at said meeting shall be to construct said sewers and to issue said bonds, then the Village shall fix the amount of the bonds to be issued and the terms thereof, which sum shall not exceed $15,000.00, and shall elect three commissioners who shall be resident taxpayers of said Village; said commissioners shall be duly sworn, and shall, as soon as may be, prepare suitable books, in which said vote shall be set forth, in which the taxpayers of said Village may sign their names, assenting to said vote to issue said bonds, and the grand list of each person signing said assent shall be annexed to his or her name, and when a majority of the taxpayers of said Village both in number and amount of grand list shall have signed the same, the same shall be binding on the Village; provided the signatures are procured within six months after the first signature to the paper is made; and all persons or corporations residing or located in said Village and liable to pay taxes at the time the assent is given, shall have a right to assent to said vote.
§ 235-83. Certification and recording of bonding vote
The said vote and assent when so signed as aforesaid, shall be duly certified by the commissioners and recorded by the Village Clerk, in the Village Clerk's office at length, in said records of said Village; and a duly certified copy of the vote of the Village and the certificate of the commissioners to the same that the act has been complied with by a majority of the taxpayers, both in number and amount, who have duly signed the same, with the certificate of the Village Clerk that the same has been duly recorded in his or her office, shall be recorded in the office of the Town Clerk of the Town of Ludlow and certified copies from either office shall be full proof in any court that the law has been complied with.
§ 235-84. Trustees to effectuate construction of sewers
The trustees aforesaid as soon as the assent is given and recorded as aforesaid, shall proceed to carry into effect the vote of said Village according to the terms and conditions thereof, and shall have power to act for said Village on all proper occasions to carry into effect the votes aforesaid and to proceed to construct said sewers and to issue said bonds as herein provided.
§ 235-85. Additional meetings and votes
In case any of the terms and conditions of the above act should fail to be complied with and said vote should thereby become void and of no effect, then upon application as herein specified other meetings may be called and votes taken in accordance with the provisions of this act.
§ 235-86. Home owners to construct connecting sewers
After said sewers have been so constructed as above provided each and every owner of a house in the Village of Ludlow situated upon a street, alley, or lane through which a main sewer shall be constructed, shall cause to be constructed under the direction of the trustees a sewer or drain from his or her house to such main sewer, which said sewer or drain shall be so constructed and connected with said main sewer as to take all of the slop and other filth around said house and all of the filth from any water-closet or privy and empty the same into said main sewer; and in case any person or corporation owning a house in said Village shall fail or neglect to construct or build his or her sewer or drain from his or her house to said main sewer it shall be the duty of the trustees to give such person or corporation notice to build and construct said sewer or drain from his or her premises to the main sewer, and in case such person or corporation does not construct said sewer within 30 days from the time of receiving said notice then it shall be the duty of said trustees to declare said premises a nuisance, and said trustees are hereby authorized and empowered to enter upon said premises and to build and construct a sewer or drain from said premises to the main sewer in such way as to remove said filth, and the person or corporation upon whose premises said sewer or drain has been constructed as aforesaid shall pay to the Treasurer of said Village all of the expense which said Village has been to in constructing said sewer, and in case such person or corporation fail or neglect to pay the same upon demand, then the said trustees shall bring an action to recover such expense in the name of the Village, and said premises shall be holden for the payment of such expense in building said sewer or drain, and no homestead shall be exempt from attachment and execution in a suit brought to recover for such expense. The said main sewer shall discharge into Black River at any point designated by the trustees below the plant of the Black River Woolen Company.
- Subchapter 009: ELECTRIC POWER SYSTEM
§ 235-91. Purchase of electric light plant and contract for power
(a) Said Village is authorized to purchase an electric light plant and to contract for power and service to run the same for such number of years and such number of lights as may be deemed for the best interest of said Village.
(b) Said Village is hereby authorized and empowered under any vote heretofore or hereafter had for that purpose, through said electric light commissioners, to purchase and sell electric current for light, heat, and power purposes in the Town of Ludlow and adjoining towns, to purchase, construct, and complete an electric light plant, with all necessary water powers, reservoirs, and appurtenances to produce and conduct electric light power to, and distribute the same through said Village; and for that purpose may take, enter upon, and use any water-powers and lands upon, over, or through which it may be necessary or desirable for the said electric light plant and the lines thereof to be situate and to pass; and may thereon lay and construct such pipes, reservoirs, lines of wire, and appurtenances as may be necessary for the complete construction and repairing of the same; and it may also for the purpose aforesaid dig up or occupy any common highway, street, or bridge in the Town of Ludlow or towns adjacent thereto for the purpose of laying, constructing, or repairing such electric light plant, reservoirs, lines, and the appurtenances thereof.
(c) In the taking of lands for the construction of transmission and distribution lines said Village shall proceed under Chapter 211 of the General Laws.
§ 235-92. Damages and compensation related to construction of electric power system
In any case where damage or compensation to owners of or other persons interested in the water powers so taken, or such land as may be used for laying, extending, constructing, and maintaining the electric light plant and reservoirs and appurtenances is not adjusted by agreement, or if the owner thereof be a minor, a person who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or out of the State, or otherwise incapacitated to sell and convey, the same shall be fixed by the Board of Electric Light Commissioners after hearing the parties interested; the hearing to be had upon written notice of the time and place thereof, given at least six days before the hearing; and the Electric Light Commissioners shall within ten days after the hearing file its award in the town clerk's office in the town or towns where the property in question is situated and to cause the same to be recorded in the land records in the town or towns. (Amended 2013, No. 96 (Adj. Sess.), § 171.)
§ 235-93. Petition for Court hearing on compensation and damages for land taken
When any person shall be dissatisfied with award of the Electric Light Commissioners so made in any of the cases mentioned in the preceding section, such person may petition the Windsor County Court for a re-assessment of damages, and such proceedings shall be had in said Court on said petition as are provided by law for the assessment of damages for land taken for highways, except that the Commissioners appointed by said Court shall notify one of said Electric Light Commissioners of said instead of one of the selectmen; said petition shall be served on the Clerk of said Village within 60 days next after said award shall be filed in the town clerk's office as aforesaid, and at least 12 days before the term of Court to which it is made returnable; but nothing in such proceedings shall prevent the Electric Light Commission from taking and entering on such water powers and lands, and laying, constructing, and completing said electric light plant, reservoirs, lines, and appurtenances thereof, and using said water powers and lands after their award shall have been made and the amount thereof tendered by them.
§ 235-94. Bonding for constructing electric light system
Said Village by a majority vote at a meeting legally warned for such purpose is authorized to issue bonds not exceeding $40,000.00 on such terms as said Village shall prescribe for the purpose of paying the debt incurred in purchasing and constructing said electric light system and carrying into effect the foregoing provisions. And in case said Village shall neglect to make reasonable provisions for the payment of the interest and principal of said electric light bonds as the same shall become due, it shall be the duty of the Treasurer of said Village to make out and deliver to the Collector of Taxes of said Village a tax bill on the grand list of said Village, and he or she shall therewith issue to said Collector his or her warrant substantially in form as now provided to be issued for the collection of town or other taxes, directing the collection and payment of said tax to said Treasurer within 60 days from the time of such delivery in the amount sufficient to promptly pay the interest or principal then past due and unpaid; and such tax shall be paid to said Treasurer, and the money so collected shall be held and used for the payment of such interest and principal as is unpaid. And it is hereby made the duty of the Treasurer of said Village to promptly pay the interest and principal of such bonded indebtedness as the same shall become due without any vote thereupon of said Village; and such tax bill shall have all of the force in every respect of a tax bill voted therefor by said Village.
§ 235-95. Management of electric power plant
The said Board of Electric Light Commissioners shall have the authority to control, manage, and operate the electric light plant now or hereafter owned by said Village. Said Board shall have the care and management of all property pertaining to the electric light plant, and shall make and adopt such bylaws and regulations concerning the management and use of such electric light plant not inconsistent with law as it may deem expedient, including the fixing and collecting of electric light rates and rentals; and shall for and in the name of said Village make all contracts pertaining to and purchase all material used in the said Electric Light Department; shall examine and settle all bills and claims connected with the said Department, and shall draw its order on the Treasurer of said Village to pay the same. Said Board may in its discretion appoint a superintendent of the electric light department, fix his or her compensation, and remove him or her at pleasure.
§ 235-96. Electric rates; liens
The rates and rents for the use of said electric light plant and the appurtenances thereof established by the said Board of Electric Light Commissioners shall be chargeable to and may be collected of the owners of the property so supplied with electric light power when agreed upon by said electric light commissioners and the owners of said property, and shall be a lien and charge upon the buildings, lots, and other property so supplied, and may be collected in the same manner as any tax assessed by said Village corporation. Said Board of Electric Light Commissioners may order said rates to be paid in advance and make all necessary provisions and orders relating to the supply or stoppage of electric light power as it may think expedient to ensure the payment of such rates.
§ 235-97. Meters
A person supplied with electric light or power may, by a notice in writing, delivered to one of said Board, request the testing of the meter used to measure the electric power used by him or her or another. Said Board, upon receipt of such request, shall cause the meter complained of to be tested, and if found defective or incorrect shall cause the same to be corrected or a correct meter to be installed. After such complaint is received by said Board, and until an incorrect or imperfectly recording meter is corrected, or a new or correct meter is installed by said Board, the Village shall not collect more than the minimum charge per month.
§ 235-98. Electric Department finances
It shall be the duty of the Treasurer of said Village to keep separate accounts of all moneys received from the Electric Light Department and the rates and receipts of said Village for the use of electric light power shall be applied first to pay the interest as it becomes due upon the bonded or other indebtedness of said Village in connection with said electric light plant, and the excess, if any, shall be expended in the necessary repairs, management, and additions to said electric light plant. And if there remains unexpended a balance of the said electric light fund such balance shall be applied to pay the principal of the debt incurred on account of the said electric light plant if due and payable, or shall be set apart as a sinking fund, and shall be invested by the Treasurer of said Village with the approval of the electric light commissioners to be applied in payment of such electric light plant indebtedness when the same shall become due.
- Subchapter 010: STREETS, CULVERTS, PIPES, AND DRAINS
§ 235-101. Establishing and discontinuing streets
The trustees of said corporation shall have the power to lay out, alter, maintain, or discontinue any street or walk and lane in said Village, and appraise and settle the damage therefor, causing their proceedings to be recorded in the Town Clerk's office in said Town; provided that the trustees, in laying out, altering, and maintaining, or discontinuing, any such street, walk, or lane, shall be subject to the same regulations, and in all respects shall proceed in the same manner, as selectmen of towns in like cases; and any party aggrieved shall be entitled to the same redress to which they would be entitled if the same had been done by the selectmen of the Town of Ludlow.
§ 235-102. Laying of water pipes
The trustees, or a majority of them, may lay water pipes, within the limits of said Village, and for that purpose may enter upon the lands of any land owner in said Village, and lay and maintain water pipes through such land, and repair the same when necessary, upon payment or tender of payment of such compensation as damages therefor as the said trustees shall award to such land owner, and to any tenant or occupant of such land to the amount that his or her interests are affected thereby.
§ 235-103. Assessment for benefit
Said trustees in making, altering, or repairing sidewalks, culverts, sewers, and drains, shall have power, subject to the bylaws of said Village, on giving 12 days' notice to the parties interested, of the time and the place of hearing, to assess the owner or owners of land or lands benefited thereby, so much of the expense of making, altering, or repairing the same as said trustees shall judge such lands to be benefited thereby.
§ 235-104. Notice to enter land; trustees' determination of assessments and damages
When said trustees enter upon lands under the authority and for any of the purposes in sections 102 and 103 of this charter named, they shall give 12 days' notice to all persons owning or interested in such lands when they will hear and consider the question of payment of damages or of assessments for benefits, or both. And in all cases when either assessments are made or damages allowed, the said trustees shall forthwith make a report of their doings, which report they shall cause to be filed in the office of the Village Clerk, who shall record the same in the records of said Village.
§ 235-105. Appeal of damage award or assessment for benefit
When any person shall be dissatisfied with the decision of said trustees in the award of damages for laying, making, altering, or repairing any sewer, drain, water pipe, sidewalk, or culvert, or in any assessment for benefits of the same, such persons may petition the Windsor County Court for a reassessment of such damages or benefits. Said petition shall be served on the Clerk of said Village within 60 days next after said award of damages or assessment for benefit shall be filed in said Clerk's office, and at least 12 days before the session of the Court to which it shall be addressed, and such petition shall not delay the making or repairing of such sewer or drain, or sidewalk or culvert, or laying said water pipe.
§ 235-106. Judicial review of damage award
The County Court shall, when petitioned under the provisions of the preceding section, appoint commissioners as in case of an application for laying out a highway. Such commissioners shall notify the petitioners and one of the trustees of said Village of the time and place of hearing, and shall examine the premises and the circumstances of the case, and make a new appraisal; and the Court, on their report, may set aside the former assessment of damages and render judgment for such sum as appears just; and, if the sum is greater than the sum before allowed, the Court may tax cost for the petitioner; otherwise the Village shall recover its cost. But if no proceedings for reassessment are instituted, as approved by the last preceding section, within the time therein limited, then the award of damages or assessment for benefit shall be established as valid, and shall be collectible.
§ 235-107. Assessment as lien
The amount of such assessment or assessments, as fixed by the final decision, either of the County Court or of the said trustees, shall, when the record thereof is duly recorded in the said Village Clerk's office, be a lien upon the land or lands so assessed, and, if the owner or owners of such land or lands shall neglect, for the space of six months after the final decision of said trustees, or of the County Court, to pay to the Treasurer of said Village the amount of such assessment or assessments, the trustees shall make out a rate-bill of the same, giving therein a general description of the lands so assessed, and shall seasonably deliver such rate-bill to the Collector of Taxes for said Village, with a warrant thereto attached, signed by a justice of the peace in and for the County of Windsor, for the collection of said assessment or assessments, which warrant shall be in the same form and shall be enforced in the same manner now prescribed by law for the collection of town and other taxes; and the Collector shall receive like fees as in the collection of taxes.
§ 235-108. Filing of lien
It shall be the duty of the Clerk of said Village in all the foregoing cases, when an encumbrance created upon land by proceedings of said trustees or County Court, forthwith to cause a duly certified transcript of the record thereof to be filed in the Town Clerk's office of the Town of Ludlow and there recorded.
- Subchapter 011: ANNUAL AND SPECIAL VILLAGE MEETING; VILLAGE POWERS
§ 235-111. Date of annual meeting
The annual meeting of said corporation for the choice of officers and for the transaction of any business specified in the warning of such meeting shall be holden in the Village of Ludlow on the fourth Tuesday in March.
§ 235-112. Failure to hold annual meeting
If the annual meeting of said Village fails to be holden, for want of notice hereinbefore provided for, or for any other cause, the corporation shall not thereby be prejudiced; and the said several officers may at any time thereafter be elected at a special meeting called for that purpose, as hereinbefore provided for calling annual meetings; but the term of office of any officers so elected at any special meeting, shall expire at the same time as if they had been regularly chosen at the annual meeting.
§ 235-113. Qualification to vote at Village meetings
Every person who resides within the limits of said Village and is a legal voter in Town meeting of the Town of Ludlow, shall be entitled to vote at any Village meeting.
§ 235-114. Village powers
Said Village shall have power to make, amend, or repeal bylaws not repugnant to the Constitution or laws of this State or of the United States, for the following purposes:
(1) To establish and regulate a market.
(2) To suppress and restrain disorderly and gaming houses, billiard and pool tables, and all descriptions of gaming, and for the destruction of all instruments and devices used for that purpose.
(3) To regulate the exhibition of common showmen, and of shows every kind not interdicted by law.
(4) To abate and remove all public and private nuisances.
(5) To compel the owner or occupant of any unwholesome, noisesome, or offensive house or place, to remove or cleanse the same from time to time, as may be necessary for the health or comfort of the inhabitants of said Village.
(6) To direct the location and management of all slaughter houses, meat markets, steam mills, blacksmith shops, and sewers.
(7) To regulate the manufacture and keeping of gun-powder, ashes, and all combustibles and dangerous materials.
(8) To regulate the making of alterations and repairs of stovepipes, furnaces, fireplaces, and other things from which damage by fire may be apprehended, and also to regulate the use of buildings in crowded localities for hazardous purposes; to provide for the preservation of buildings from fires by precautionary measures and inspections and to establish and regulate a fire department and fire companies.
(9) To prevent immoderate riding or driving in the streets, and cruelty to animals.
(10) To regulate the erection of buildings, and to regulate entrances and exits to public halls and theatres until proper exits are provided, to prevent the encumbering of the streets, sidewalks, and public alleys with fire wood, lumber, carriages, boxes, and other things, and provide for the care, preservation, and improvement of public grounds.
(11) To restrain all cattle, horses, sheep, swine, and fowls from running at large in the streets of said Village.
(12) To provide a supply of water for the protection of the Village against fire, and for other purposes, and to regulate the use of the same.
(13) To compel all persons to remove from the sidewalks and gutters adjacent to the premises owned or occupied by them, all snow, ice, dirt, and garbage, and to keep such sidewalks and gutters clean.
(14) To license inn-keepers, keepers of saloons or victualing houses, peddlers, itinerant venders, and auctioneers, under such regulations and for such sums of money as shall be prescribed therefor.
(15) To regulate or restrain the use of rockets, squibs, firecrackers, or other fire-works in the streets or commons, and to prevent the practicing therein of amusements having a tendency to injure or annoy persons passing thereon, or to endanger the security of property.
(16) To regulate the place and manner of selling and weighing hay; packing, inspecting, and branding beef, pork, and produce, and selling and measuring wood, lime, and coal, and to appoint suitable persons to superintend and conduct the same.
(17) To prescribe the powers and duties of watchmen of said Village.
(18) To regulate the grade of streets, and the grade and width of sidewalks, and the construction thereof, and protect the same.
(19) To provide for lighting the Village.
(20) To prohibit and punish willful injury to trees planted for shade, ornament, convenience, or use, public or private, and to prevent and punish trespasses, or willful injuries to or upon public buildings, squares, commons, cemeteries, or other property.
(21) To restrain and punish vagrants, mendicants, and common prostitutes, and to suppress houses of ill-fame.
(22) To establish and maintain a public library and reading room.
§ 235-115. Bylaws
And said Village may make, amend, or repeal any other bylaws, which it may deem necessary for said Village, and not repugnant to the Constitution or laws of the State or of the United States.
§ 235-116. Recording and certification of bylaws
The bylaws of said Village shall be recorded in the office of the Clerk of said Village, and the Clerk's certificate that such bylaws were adopted at an annual meeting of said Village, or at a special meeting thereof, called for that purpose, shall be prima facie evidence of such fact in any court in this State; and certified copies of said bylaws and Clerk's certificates shall also be received as evidence in all the courts of the State.
§ 235-117. Breach of bylaws
A fine not exceeding $20.00 with costs of prosecution may be imposed by said Village for the breach of any of its bylaws with the alternative sentence to the house of correction in case said fine and costs are not paid as is provided by law in other criminal cases.
§ 235-118. Service in law enforcement or judicial capacity
No person being a resident or taxpayer of said Village shall thereby be deemed incompetent to act as judge, justice, juror, sheriff, deputy sheriff, constable, or police officer, in any matter, cause, or proceeding in which said corporation shall be interested.
- Subchapter 012: TRANSITIONAL PROVISIONS
§ 235-121. [Repeal acts]
§ 235-122. [Effective date]