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Title 24 Appendix: Municipal Charters

Chapter 601: RUTLAND COUNTY RECREATIONAL DISTRICT

  • § 601-1. Creation

    Pursuant to 24 V.S.A. chapter 121, subchapter 3, there is created a union municipal district which shall be known as the Rutland County Recreation District and which shall be a body politic and corporate. (Added 2005, No. M-8, § 2.)

  • § 601-2. Purpose

    The District is created and shall exist for the purpose of strengthening local governments by promoting more efficient and economical operation of recreation services within the participating municipalities by developing a regional recreation community center and other facilities, which center and facilities will permit and encourage quality recreation and leisure opportunities that will promote positive lifestyle habits, contribute to the health and wellness of residents of, and visitors to, the District, and in so doing, will foster a new level of regionalism through cooperation and partnering, and will contribute to the economic health of the region by creating jobs, by purchasing local goods and services, and by encouraging tourism. (Added 2005, No. M-8, § 2.)

  • § 601-3. Composition

    The District is composed of and includes all of the lands and residents within those municipalities in the State of Vermont which vote to approve and enter into this District at the time of its creation and other municipalities as are subsequently admitted to the District as provided by this chapter, except for those municipalities which may withdraw as provided by this chapter. The municipalities composing the District shall constitute its members and are designated as member municipalities. (Added 2005, No. M-8, § 2.)

  • § 601-4. Duration

    The District shall continue as a body politic and corporate unless and until dissolved according to the procedures set forth in this chapter. (Added 2005, No. M-8, § 2.)

  • § 601-5. Powers

    Except as otherwise provided or limited by this chapter, the District shall have the following powers:

    (1) To operate, cause to be operated, or contract for the operation of any and all facilities to fulfill the purposes set forth in Article 1, section 2 of this chapter;

    (2) To purchase, sell, lease, own, acquire, convey, mortgage, improve, and use real and personal property in connection with the purposes of the District;

    (3) To hire and fix compensation of employees;

    (4) To sue and be sued;

    (5) To enter into contracts for any term or duration;

    (6) To contract with architects, engineers, financial and legal consultants, and other experts for services;

    (7) To contract with individuals, corporations, associations, authorities, and agencies for services, including contracts to operate all or a portion of facilities;

    (8) To contract with the State of Vermont or the United States of America, or any agency, department, or subdivision thereof for services;

    (9) To contract with any member or municipality for the services of any officer or employee of that municipality useful to it;

    (10) To promote cooperative arrangements and coordinated action among its member municipalities;

    (11) To make recommendations for review and action by its member municipalities and other public agencies which perform functions within the municipalities or where their facilities exist;

    (12) To exercise any other powers which are exercised or are capable of exercise by any of its member municipalities and which are necessary or desirable;

    (13) To exercise the power of eminent domain;

    (14) To borrow money and issue evidence of indebtedness as provided by 24 V.S.A. chapter 53 or other provisions of law authorizing general obligations or revenue debt;

    (15) To establish a budget and assess member municipalities for the expenses of the District;

    (16) To appropriate and expend money;

    (17) To establish sinking funds for the retirement of bonded or other indebtedness;

    (18) To establish capital reserve funds for public improvements in furtherance of its purpose;

    (19) To enact and enforce any and all necessary or desirable regulations for the orderly conduct of the District and for carrying out the purposes of the District;

    (20) To accept and administer gifts, grants, and bequests in trust or otherwise for the purpose of the District;

    (21) To exercise all powers incident to a public corporation;

    (22) To develop a clear operational philosophy and a definite policy of priority for the use of the facilities;

    (23) To prepare, evaluate, and change, as need and time require:

    (A) Business plans or other operational plans for the operation of the facilities; and

    (B) Accurate estimates and measurements of cost for providing services and fee structures that relate to actual program cost;

    (24) To address service delivery and methods for the timely correction of service quality. (Added 2005, No. M-8, § 2.)

  • § 601-6. Authority

    The legislative power and authority of the Rutland County Recreation District and the administration and general supervision of all fiscal, prudential, and governmental affairs of the District shall be vested in a governing body known as the Board of Supervisors, except as specifically provided otherwise in this chapter. (Added 2005, No. M-8, § 2.)

  • § 601-7. Composition

    The Board of Supervisors shall be composed of one representative from each of the member municipalities. (Added 2005, No. M-8, § 2.)

  • § 601-8. Appointment

    Annually, on or before the last Monday in March commencing in 2005, each member municipality shall appoint its representative and an alternate to the Board of Supervisors according to each municipality's method of making appointments. (Added 2005, No. M-8, § 2.)

  • § 601-9. Organizational meeting

    Annually, on the second Monday in April commencing in 2005, the Board of Supervisors shall hold its organizational meeting. At the meeting, the Board shall elect from among its membership a Chair and Vice Chair, each of whom shall hold office for one year and until a successor is duly elected and qualified. A Chair or Vice Chair may be reelected to successive terms without limit. (Added 2005, No. M-8, § 2.)

  • § 601-10. Regular meetings

    Regular meetings of the Board of Supervisors shall be held periodically with the time and place to be determined by the Board of Supervisors. (Added 2005, No. M-8, § 2.)

  • § 601-11. Special meetings

    Special meetings of the Board of Supervisors may be called at any time by the Chair or shall be called by the Clerk upon written request of a majority of the members of the Board. Except in case of an emergency, each member of the Board shall be given at least 24 hours' notice of any special meeting of the Board by notice in person, by telephone, or by written notice delivered personally, mailed, e-mailed, or left at the member's usual place of residence. (Added 2005, No. M-8, § 2.)

  • § 601-12. Quorum

    For the purposes of transacting business, the presence of more than 50 percent of the members shall constitute a quorum. However, a smaller number may postpone a meeting to another date. Any action adopted by a majority of the votes of the Board of Supervisors at which a quorum is present shall be the action of the Board, except as otherwise provided in this chapter. (Added 2005, No. M-8, § 2.)

  • § 601-13. Voting

    Each member of the Board of Supervisors shall be entitled to cast one vote for the municipality. (Added 2005, No. M-8, § 2.)

  • § 601-14. Term

    All representatives to the Board of Supervisors shall hold office for one year and until their successors are duly appointed and qualified. Any representative may be reappointed to successive terms without limit. Any member may be removed at any time by a majority vote of the legislative body of the municipality which appointed that representative. (Added 2005, No. M-8, § 2.)

  • § 601-15. Vacancy

    Any vacancy on the Board of Supervisors shall be filled within 30 days after the vacancy occurs by appointment of the authority which appointed the representative whose position has become vacant. An appointee to a vacancy shall serve until the expiration of the term of the representative to whose position the appointment was made and may thereafter be reappointed. (Added 2005, No. M-8, § 2.)

  • § 601-16. Rules of procedure

    The Board of Supervisors may adopt rules which shall govern at all meetings. (Added 2005, No. M-8, § 2.)

  • § 601-17. Compensation of members of Board of Supervisors

    Each member municipality shall pay to its representative to the Board of Supervisors compensation as it shall determine reasonable, if any. (Added 2005, No. M-8, § 2.)

  • § 601-18. Absence rule

    Any supervisor who fails to attend three consecutive Board meetings without notice to the alternate of the municipality may result in the Board of Supervisors requesting the municipality to replace that supervisor. (Added 2005, No. M-8, § 2.)

  • § 601-19. Telephone participation

    If approved by the Board of Supervisors, any member of the Board may participate in any meeting of the Board by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation at a meeting in such manner shall constitute the presence of the person at the meeting. (Added 2005, No. M-8, § 2.)

  • § 601-20. Officers

    The officers of the District shall be the Chair and the Vice Chair of the Board of Supervisors, the Clerk of the District, and the Treasurer of the District. No person may hold more than one office at one time. (Added 2005, No. M-8, § 2.)

  • § 601-21. Bond

    Prior to assuming their offices, all officers shall post bond in amounts as shall be determined by resolution of the Board of Supervisors. The cost of the bonds shall be borne by the District. The Board of Supervisors shall determine when this requirement becomes effective after formation of the District. (Added 2005, No. M-8, § 2.)

  • § 601-22. Chair

    The Chair of the Board of Supervisors shall be the chief executive officer of the District. The Chair shall preside at all meetings of the Board of Supervisors and shall make and sign all contracts on behalf of the District upon approval by the Board of Supervisors of the District. The Chair shall perform all of the duties incident to the position and office. (Added 2005, No. M-8, § 2.)

  • § 601-23. Vice Chair

    During the absence or inability of the Chair to render or perform his or her duties or exercise his or her powers, the same shall be performed and exercised by the Vice Chair and, when so acting, the Vice Chair shall have all the powers and be subject to all the responsibilities given to or imposed upon the Chair. (Added 2005, No. M-8, § 2.)

  • § 601-24. Vacancy

    During the absence or inability of either the Chair or Vice Chair to render or perform his or her duties or exercise his or her powers, the Board of Supervisors shall elect from among its membership an acting Chair or Vice Chair who shall have all the powers and be subject to all the responsibilities given to or imposed upon the Chair or Vice Chair. (Added 2005, No. M-8, § 2.)

  • § 601-25. Clerk

    The Clerk of the District shall be appointed by the Board of Supervisors, shall not be a member of the Board, and shall serve at its pleasure. The Clerk shall have the exclusive charge and custody of the public records of the District. The Clerk shall record all votes and proceedings of the District, including meetings of the District and meetings of the Board of Supervisors, and shall cause to be posted and published all warnings of meetings of the District. The Clerk shall prepare an annual report of the activities of the District and cause it to be distributed to its member municipalities and shall prepare and distribute any other reports required by the laws of the State of Vermont and resolutions or regulations of the Board of Supervisors. The Clerk shall perform all of the duties and functions incident to the office of secretary or clerk of a body corporate. (Added 2005, No. M-8, § 2.)

  • § 601-26. Treasurer

    The Treasurer of the District shall be appointed by the Board of Supervisors, shall not be a member of the Board, and shall serve at its pleasure. The Treasurer shall have the exclusive charge and custody of the funds of the District and shall be the receiving and the disbursing officer of the District. When authorized by the Board of Supervisors, the Treasurer may sign, make, or endorse in the name of the District all checks and orders for the payment of the money and pay out and disburse the same and receipt therefor. The Treasurer shall keep a record of every note or bond issued by the District and of every payment thereon of principal and interest and, if coupons are taken up, shall cancel and preserve them. The Treasurer shall keep correct books of account of all the business and transactions for the District and other books and accounts as the Board of Supervisors may require. The Treasurer shall render a statement of the condition of the finances of the District at each regular meeting of the Board of Supervisors and at other times as shall be required of the Treasurer. The Treasurer shall prepare an annual financial statement of the District and distribute it to the member municipalities. The Treasurer shall do and perform all of the duties appertaining to the office of treasurer of a body politic and corporate. The Treasurer shall settle with the auditors within 30 days of the end of the fiscal year and at other times as the Board of Supervisors may require and upon retirement from office. Upon retirement from office, the Treasurer shall immediately pay over to his or her successor all of the funds belonging to the District and, at the same time, deliver to his or her successor all official books and papers. (Added 2005, No. M-8, § 2.)

  • § 601-27. Records

    All records, books, and accounts of the District shall be open to inspection by persons interested during reasonable office hours. (Added 2005, No. M-8, § 2.)

  • § 601-28. Audit

    The Board of Supervisors shall cause an audit to be performed annually by an independent professional accounting firm. (Added 2005, No. M-8, § 2.)

  • § 601-29. Executive Board

    The Board of Supervisors shall have the authority to establish an Executive Board and grant it powers as the Board of Supervisors may deem necessary. (Added 2005, No. M-8, § 2.)

  • § 601-30. Committees

    The Board of Supervisors shall have the authority to establish any and all committees as it may deem necessary. Membership of committees may include persons not on the Board of Supervisors. (Added 2005, No. M-8, § 2.)

  • § 601-31. Compensation of officers

    Officers of the District shall be paid compensation as shall be determined by the Board of Supervisors. (Added 2005, No. M-8, § 2.)

  • § 601-32. Fiscal year

    The fiscal year of the District shall commence on January 1 and end on December 31 of each year. (Added 2005, No. M-8, § 2.)

  • § 601-33. Budget, appropriation, and assessment

    (a)(1) Proposed budget. Annually, on or before the first day of December, the Board of Supervisors shall prepare and distribute to the legislative body of each member municipality for review and comment an annual report of its activities during the previous 12 months, including a proposed budget of the District for the next fiscal year. This proposed budget shall include reasonably detailed estimates of:

    (A) Deficits and surpluses from prior fiscal years;

    (B) Anticipated expenditures for the administration of the District;

    (C) Anticipated expenditures for the operation and maintenance of any District facilities;

    (D) Costs of debt service;

    (E) Payments due on long-term contracts;

    (F) Payments due to any sinking funds for the retirement of debts;

    (G) Payments due to any capital reserve funds;

    (H) Anticipated revenues from sources other than assessments to member municipalities;

    (I) The necessary appropriations to operate and carry out the District's functions for the next fiscal year;

    (J) The proposed assessment to each member municipality;

    (K) Other estimates as the Board of Supervisors shall deem necessary to propose; and

    (L) Any threatened or reasonably anticipated lawsuits or other contingent expenses.

    (2) The Board of Supervisors shall hold a public hearing on or before January 1 of each year to receive comments from the legislative bodies of member municipalities and hear all other interested persons regarding the proposed budget. Notice of the hearing shall be given at least seven days prior to the hearing by publication in a newspaper of general circulation in the District, by posting in at least three public places in each member municipality, and by filing with the town or city clerk of each member municipality. The Board of Supervisors shall give consideration to all comments received and make such changes to the proposed budget as it deems advisable.

    (b) Budget adoption, appropriations, and assessment. Annually, on or before January 15, the Board of Supervisors shall adopt the budget, appropriate the sums which it deems necessary to operate and carry out the District's functions for the fiscal year, assess a tax upon each member municipality for its proportionate share of the sums so appropriated, and adopt a schedule designating when taxes are due and payable by the member municipalities.

    (c) Apportionment of taxes. For the purposes of assessing taxes to the member municipalities for payment of bonded indebtedness or long term indebtedness approved by the voters, the respective population of each municipality within the District shall be combined to form a total population for the District. Each municipality shall be assessed a pro rata share of the costs of bonded indebtedness or long term indebtedness as determined by obtaining the percentage of the population which that municipality represents in the District. Assessments for all other expenses of the District shall be as determined by the Board of Supervisors.

    (d) Initial budget and appropriation. Within 30 days after the initial organizational meeting, the Board of Supervisors shall prepare and adopt an operating budget for the remainder of the then fiscal year and shall appropriate monies and assess a tax upon each member municipality to obtain the monies thus appropriated. The initial appropriation shall not exceed $50,000.00 and shall be apportioned among the member municipalities in proportion to their pro rata share by obtaining the percentage of the population which that municipality represents in the District and as further adjusted by the good faith estimate by the Board of Supervisors of other factors as the Board deems relevant. Within 15 days after the initial budget and appropriations are adopted by the Board of Supervisors, the District Treasurer shall issue and present a warrant to the legislative body of each member municipality requiring that the amount of the tax be paid to him or her within 30 days. The legislative body of each member municipality shall draw an order on the municipal treasury for the amount of the tax, and the municipal treasurer shall pay to the District Treasurer the amount of the order within the time specified. (Added 2005, No. M-8, § 2.)

  • § 601-34. Collection

    Annually on or before the first day of February, the Treasurer of the District shall issue and present a warrant to the legislative body of each member of municipality, requiring that the amount of the tax be paid to him or her in accordance with the schedule for payments adopted by the Board of Supervisors. The legislative body of each member municipality shall draw an order on the municipal treasury for the amount of the tax, and the municipal treasurer shall pay to the District Treasurer the amount of the order in accordance with the schedule for payments adopted by the Board of Supervisors. If any member municipality shall fail to pay when due any tax assessed against it by the District, it shall incur a penalty of eight percent of the amount due plus interest at the rate of one percent per month. The penalty and interest, together with the amount due, court costs, and reasonable attorney's fees of the District, may be recovered by the District in a civil action under this section. (Added 2005, No. M-8, § 2.)

  • § 601-35. Limitations of appropriations

    Actions or resolutions of the Board of Supervisors for the annual appropriations in any year shall not cease to be operative at the end of the fiscal year for which they were adopted, except as otherwise provided by the laws of the State of Vermont. Appropriations made by the Board of Supervisors for the various estimates of the budget as defined in subsection 33(a) of this chapter shall be expended only for those estimates, but by majority vote of the Board the budget may be amended from time to time to transfer funds between or among those estimates, except as otherwise limited by this chapter. Any balance left or unexpended in any budget estimate shall be returned at the end of the fiscal year to the General Fund of the District. The amount of any deficit at the end of the fiscal year shall be included in and paid out of the operating budget and appropriations in the next fiscal year. (Added 2005, No. M-8, § 2.)

  • § 601-36. Indebtedness

    (a) Short-term borrowing. The Board of Supervisors may borrow money through the issuance of notes of the District for the purpose of paying current expenses of the District. These notes, however, must mature within the fiscal year in which they were issued. The Board of Supervisors may also borrow money in anticipation of taxes in an amount not to exceed 90 percent of the amount of taxes assessed for each such year and may issue notes of the District which must mature within the fiscal year in which they were issued. The Board of Supervisors may also borrow money in anticipation of any revenues other than taxes through the issuance of notes of the District. These notes, however, must mature within the fiscal year in which they were issued.

    (b) Long-term indebtedness and long-term contracts.

    (1) Submission to voters. On a petition signed by at least 10 percent of the voters of the District, the proposition of incurring a bonded debt or other indebtedness to pay for public improvements or of authorizing a long-term contract shall be submitted to the qualified voters of the District at any special meeting to be held for that purpose, or, when the Board of Supervisors at a regular or special meeting called for the purpose shall determine by resolution passed by a vote of a majority of votes, present and voting, that the public interest or necessity demands improvements or a long-term contract, and that the cost of the same will be too great to be paid out of the ordinary annual income and revenue, it may order the submission of the proposition of incurring a bonded debt or other indebtedness or of authorizing a long-term contract to the qualified voters of the District at a meeting to be held for that purpose. A "long-term contract" means a contract wherein the District incurs obligations for which the costs are too great to be paid out of the ordinary annual income and revenues of the District in the judgment of the Board of Supervisors. Bonded debt or other indebtedness or long-term contracts may be authorized for any purpose permitted by 24 V.S.A chapter 53 or any other applicable sections of the Vermont Statutes Annotated for any purpose for which the District is organized. The warning calling the meeting shall state the object and purpose for which the indebtedness or long-term contract is proposed to be incurred or authorized, the estimated cost of the improvements or service, the amount of bonds or other evidence of indebtedness proposed to be issued, a summary of the terms of any contract proposed to be authorized, and the means of raising or apportioning all costs entailed thereby for debt service for payments under a long-term contract. The warning shall fix the places where and the date on which the meeting shall be held and the hours of opening and closing the polls. The District may not submit to the voters more than twice in the same calendar year or any 12 month period the proposition of incurring bonded or other indebtedness to pay for the same or substantially similar public improvement or the same or substantially similar long-term contract.

    (2) Notice of meeting, authorization. The Clerk of the District shall cause notice of a special meeting to be published in a newspaper of general circulation in the District once a week for three consecutive weeks on the same day of the week, the last publication to be not less than five nor more than 10 days before the meeting. Notice of the meeting shall also be posted in at least five public places within each member municipality for two weeks immediately preceding the meeting and be filed with the town or city clerk of each member municipality. Each municipality will have its voters vote in locations and in the manner it votes on similar questions for the municipality. When a majority of all the voters in the District present and voting on the question at the meeting votes to authorize the issuance of bonds or other evidence of indebtedness or to authorize a long-term contract, the District shall be authorized to issue bonds or other evidence of indebtedness as provided in 24 V.S.A. chapter 53 or other applicable sections of the Vermont Statutes Annotated, or to enter into the long-term contract. The ballots cast in all the member municipalities shall be counted as ballots are counted in each municipality. The results shall then be combined. Blank and defective ballots shall not be counted in determining the question. Obligations incurred by the District shall be joint and several obligations of the District and of each member municipality but shall not affect any limitation on indebtedness of a member municipality. The cost of debt service or of payments under a long-term contract shall be included in the annual budget of the District, and shall be allocated among the member municipalities as provided in subsection 33(c) of this chapter, unless otherwise provided by applicable law and in the vote authorizing the same. The applicable provision of 24 V.S.A. chapter 53 or other enabling law under which debt is incurred or long-term contracts are authorized shall apply to the issuance of bonds or other evidence of indebtedness by the District and for that purpose the Rutland County Recreation District shall be deemed a "municipal corporation," the Board of Supervisors shall be deemed a "legislative branch," and the District Treasurer shall be deemed a "municipal treasurer" within the purview of that chapter. Bonds or other evidence of indebtedness and long-term contracts shall be signed by the Treasurer and Chair of the Board of Supervisors of the District. (Added 2005, No. M-8, § 2.)

  • § 601-37. Sinking fund

    The Board of Supervisors, with the approval of a majority of the voters present and voting at a special District meeting called and warned for the purpose, may establish and provide for a sinking fund which shall serve and be used exclusively as a debt service reserve fund for the retirement of bond issue or other service reserve fund for the retirement of bond issue or other debt. When established, the sinking fund shall be kept intact and separate from other monies at the disposal of the District, shall be accounted for as a pledged asset for the purpose of retiring those obligations, and shall not be appropriated or used for the current expenses of the District. The cost of payments to any sinking fund shall be included in the annual budget of the District provided in subsection 33(c) of this chapter, unless otherwise provided by applicable law and in the vote authorizing the same. (Added 2005, No. M-8, § 2.)

  • § 601-38. Capital reserve fund

    The Board of Supervisors, with the approval of a majority of the voters present and voting at a special District meeting called and warned for the purpose, may establish and provide for a capital reserve fund to pay for public improvements in furtherance of the purpose for which the District was created. Any capital reserve fund shall be kept in a separate account and invested as are other public funds and may be expended for the purposes for which established, or other purpose when authorized by a majority of the voters present and voting at a special District meeting duly called and warned for the purpose. The cost of payments to any capital reserve fund shall be allocated among the member municipalities as provided in subsection 33(c) of this chapter. (Added 2005, No. M-8, § 2.)

  • § 601-39. Fees

    The Board of Supervisors may from time to time establish and adjust a fee structure for the purpose of generating revenues from sources other than assessments to member municipalities, particularly concerning the operation and maintenance of any facility. (Added 2005, No. M-8, § 2.)

  • § 601-40. Special meetings

    The Board of Supervisors may call a special meeting of the District when it deems it necessary or prudent to do so and shall call a special meeting of the District when action by the voters of the District is necessary under this chapter or under any applicable law. In addition, the Board of Supervisors shall call a special meeting of the District if petitioned to do so by not less than five percent of the legal voters of the District but only for any legal purpose beyond the power and jurisdiction of the Board of Supervisors. The Board of Supervisors may rescind the call of a special meeting called by it but not a special meeting called by application of five percent of the legal voters of the District. The Board shall endeavor to have the times of a special meeting coincide with the times of annual municipal meetings, primary elections, general elections, or a similar meeting when the electorate of the member municipalities will be voting on other matters. (Added 2005, No. M-8, § 2.)

  • § 601-41. Places of meetings

    At any special meeting of the District, voters of each municipality within the District shall cast their ballots at polling places within the municipality of their residence as shall be determined by each member municipality. (Added 2005, No. M-8, § 2.)

  • § 601-42. Warnings

    The original warning for any District meeting shall be signed by a majority of the Board of Supervisors and shall be filed with the District Clerk before being posted. (Added 2005, No. M-8, § 2.)

  • § 601-43. Warnings required

    The Board of Supervisors of the District shall warn a District meeting by filing a notice with the town or city clerk of each member municipality and by posting a notice in at least three public places, and additional public places as may be required by law, in each municipality in the District not less than 30 nor more than 40 days before the meeting. In addition, the warning shall be published in a newspaper of general circulation in the District once a week on the same day of the week for two successive weeks before the meeting, the last publication to be not less than five nor more than 10 days before the meeting. This section shall not apply to District informational meetings at which no voting is to take place. (Added 2005, No. M-8, § 2.)

  • § 601-44. Warning contents

    The posted notification shall include the date, time, place, and nature of the meeting. It shall, by separate articles, specifically indicate the business to be transacted and the questions to be voted upon. (Added 2005, No. M-8, § 2.)

  • § 601-45. Australian ballot

    The Australian ballot system shall be used at all special meetings of the District when voting is to take place. (Added 2005, No. M-8, § 2.)

  • § 601-46. Qualifications and registration of voters

    All legal voters of the municipalities within the District shall be legal voters of the District. The municipalities within the District shall post and revise checklists in the same manner as for municipal meetings prior to any District meeting at which there will be voting. (Added 2005, No. M-8, § 2.)

  • § 601-47. Conduct of meetings

    At all special meetings of the District, the provisions of 17 V.S.A. chapter 55 regarding election officials, voting machines, polling places, absent voters, process of voting, count and return of votes, recounts and contest of elections, and jurisdiction of courts shall apply except where clearly inapplicable. The District Clerk shall perform the functions assigned to the Secretary of State under 17 V.S.A. chapter 55. Rutland Superior Court shall have jurisdiction over petitions for recounts. Election expenses shall be borne by the District. (Added 2005, No. M-8, § 2.)

  • § 601-48. Reconsideration or rescission of vote

    (a) A question considered or voted on at any special meeting of the District shall not be submitted to the voters for reconsideration or rescission except at a subsequent special meeting duly warned for the purpose and called by the Board of Supervisors on its own motion or pursuant to a petition requesting reconsideration or rescission signed and submitted in accordance with subsection (b) of this section.

    (b) Where a petition signed by not less than five percent of the qualified voters of the District requesting reconsideration or rescission of a question considered or voted on at a previous special meeting is submitted to the Board of Supervisors of the District within 30 days following the date of that meeting, the Board of Supervisors shall provide for a vote by the District in accordance with the petition within 60 days of the submission at a special meeting duly warned for that purpose.

    (c) A vote taken at a special meeting shall remain in effect unless rescinded at a special meeting called and warned in accordance with this section.

    (d) A question voted on or considered shall not be presented for reconsideration or rescission at more than one subsequent meeting except with the approval of the Board of Supervisors. (Added 2005, No. M-8, § 2.)

  • § 601-49. Validation of District meetings

    When any of the requirements as to notice or warning of a special meeting of the District have been omitted or not complied with and the meeting and the business transacted at the meeting are otherwise legal and within the scope of the District powers, the omission or noncompliance may be corrected and legalized by a vote at a special meeting of the District called and duly warned for that purpose. The question to be voted upon shall substantially be:  "Shall the action taken at the meeting of this District held on (state date) in spite of the fact that (state the error or omission), and any act or action of the District officers or agents pursuant thereto be readopted, ratified, and confirmed?"  Errors or omissions in the conduct of an original meeting which are not the result of an unlawful notice or warning or noncompliance within the scope of the warning may be cured by a resolution of the Board of Supervisors of the District by a vote of two thirds of all the votes entitled to be cast at a regular meeting or a special meeting called for that purpose stating that the defect was the result of oversight, inadvertence, or a mistake. When an error or omission of this nature has been corrected by resolution, all business within the terms of the action of the qualified voters shall be as valid as if the requirements had been initially complied with, upon condition, however, that the original action thereby corrected by the Board of Supervisors was in compliance with the legal exercise of its corporate powers. (Added 2005, No. M-8, § 2.)

  • § 601-50. Priority

    When a special meeting of the District is called to act upon a proposition to incur bonded or other indebtedness or a long-term contract, the special meeting procedures outlined in Article 4 of this chapter shall control over the meeting procedures outlined in this article in the event of conflict. (Added 2005, No. M-8, § 2.)

  • § 601-51. Withdrawal of member municipality

    A member municipality may vote to withdraw from the District if one year has elapsed since the District became a body politic and corporate, and if the District has not voted to bond for construction and improvements or to authorize a long-term contract pursuant to this chapter. If a majority of the voters of a member municipality present and voting at a meeting of the municipality duly warned for the purpose vote to withdraw from the District, the vote shall be certified by the clerk of that municipality to the Board of Supervisors of the District. Thereafter, the Board of Supervisors shall give notice to the remaining member municipalities of the vote to withdraw and shall hold a meeting to determine if it is in the best interest of the District to continue to exist. Representatives of the member municipalities shall be given an opportunity to be heard at the meeting together with any other interested persons. After the meeting, the Board of Supervisors may declare the District dissolved immediately or as soon thereafter as the financial obligations of the District and of each member municipality on account thereof have been satisfied, or it may declare that the District shall continue to exist despite the withdrawal of the member municipality. The membership of the withdrawing municipality shall terminate as of one year following the vote to withdraw or as soon after the one year period as the financial obligations of the withdrawing municipality have been paid to the District. A vote of withdrawal taken after the District becomes a body politic and corporate but less than one year after that date shall be null and void. A vote of withdrawal taken after the District has voted to bond itself for construction and improvements or to authorize a long term contract shall likewise be null and void. (Added 2005, No. M-8, § 2.)

  • § 601-52. Approval to bond

    No proposal to the voters of the District for the approval of a bond or bonds to raise money for the District or to authorize a long-term contract as provided in Article 4 of this chapter shall be made until the District has been in existence for at least one year unless the proposal has been approved by a unanimous vote of the Board of Supervisors. Any proposal for bonding or a long term contract or contracts, regardless of when made, shall not be scheduled for public vote until at least 120 days following the submission of the proposal unless by a unanimous vote of the Board of Supervisors. During that 120 day period, any municipality may request, and the District shall furnish within 30 days following the request, a statement of the indebtedness then owed by the municipality to the District. A municipality may vote within the 120 day period to withdraw from the District effective as of one year following the vote to withdraw or as soon after such one year period as the financial obligations in existence prior to the approval by the Board of the bond or long-term indebtedness then under consideration of the withdrawing municipality have been paid to the District, without obligation for the bond, bonds, or long-term indebtedness then under consideration. (Added 2005, No. M-8, § 2.)

  • § 601-53. Admission of new member municipalities

    The Board of Supervisors may authorize the inclusion of additional member municipalities in the District upon terms and conditions as it in its sole discretion shall deem to be fair, reasonable, and in the best interest of the District. The legislative body of any nonmember municipality which desires to be admitted to the District shall make application for admission to the Board of Supervisors of the District. The Board shall determine the effects and impacts which are likely to occur if the municipality is admitted and shall thereafter either grant or deny authority for admission of the petitioning municipality. If the Board grants authority for admission, it shall also specify any terms and conditions, including financial obligations upon which admission is predicated. The petitioning municipality shall thereafter comply with the approval procedures specified in 24 V.S.A. § 4863. If a majority of the voters of the petitioning municipality present and voting at a meeting of the municipality duly warned for the purpose votes to approve this chapter and the terms and conditions for admission, the vote shall be certified by the clerk of that municipality to the Board of Supervisors. Thereafter, upon satisfactory performance of the terms and conditions for admission, the municipality shall by resolution of the Board of Supervisors become and thereafter be a member municipality of the District. (Added 2005, No. M-8, § 2.)

  • § 601-54. Dissolution of District; procedure

    If the Board of Supervisors by resolution approved by two-thirds of all the votes entitled to be cast determines that it is in the best interest of the public, the member municipalities, and the District that the District be dissolved, and if the District then has no outstanding debt or obligations under long term contracts, or will have no debt or obligations upon completion of the plan of dissolution, it shall prepare a plan of dissolution and thereafter adopt a resolution directing that the question of dissolution and the plan of dissolution be submitted to the voters of the District at a special meeting of the District duly warned for the purpose. If two-thirds of the voters of the District present and voting at a special meeting of the District shall vote to dissolve the District and approve the plan of dissolution, the District shall cease to conduct its affairs except insofar as may be necessary for the winding up thereof. The Board of Supervisors shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the District and shall proceed to collect the assets of the District and apply and distribute them in accordance with the plan of dissolution. (Added 2005, No. M-8, § 2.)