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Searching 2017-2018 Session

The Vermont Statutes Online

Title 24 Appendix : Municipal Charters

Chapter 703 : CHAMPLAIN WATER DISTRICT

(Cite as: 24 App. V.S.A. ch. 703, § 5)
  • § 703-5. Powers of the District

    The District shall have power:

    (1) To sue and be sued;

    (2) To have a seal and alter the same at pleasure;

    (3) To acquire, in the name of the District lease, hold, and dispose of real estate and personal property or any interest therein for its corporate purposes, including the power to purchase prospective or tentative awards in connection with the exercise of the power of condemnation hereinafter granted;

    (4) To purchase, design, or build in the name of the District, any water supply system, water distribution system, including plants, works, instrumentalities, or parts thereof and appurtenances thereto, lands, easements, rights in land and water rights, rights of-way, contract rights, franchises, approaches, connections, dams, reservoirs, water mains and pipe lines, pumping stations and equipment, or any other property incidental to and included in such system or part thereof, and any improvements, extensions and betterments; the District may purchase or accept by deed of gift any source of supply, or water supply system or any part thereof situated wholly or partly without the territorial limits of the District;

    (5) To assume any obligations of the owner of any water system or any part thereof and, to the extent required by the terms of any indentures or other instruments under which such obligations were issued, the District may assume and agree to perform covenants and observe the restrictions contained in such instruments; and furthermore, the owner of any properties, which the District is authorized to acquire, is hereby authorized to sell or otherwise transfer the same to the District, whereupon the District may as it may agree become charged with the performance of any or all public duties with respect to such properties with which such owner was charged and such owner may become discharged from the performance thereof to the extent agreed upon by the District, and in the case of a sale or other transfer of properties of a public utility corporation pursuant to this provision, it shall be lawful to dissolve such corporation;

    (6) To purchase all of the stock of any existing privately owned water corporation or company, and thereafter, within a reasonable time, such water corporation or company shall be dissolved;

    (7) To condemn in the name of the District, within the territorial limits of the District any property interest in the manner and as provided by 24 V.S.A. §§ 3301-3304;

    (8) To sell water to any or all municipalities or privately owned public water supply and distribution systems. To sell any surplus water to any duly established water district, municipality, or privately owned water supply and distribution system outside the District in which created. The District may also develop and provide a sufficient amount of water so as to supply water outside of the District to any municipality, duly established water district, or privately owned public water supply and distribution system; provided, that in exercising the powers granted by this chapter, the District shall not sell water in any area which is served by a water system owned or operated by a municipality unless the legislative branch of such municipality shall adopt a resolution requesting the District to sell water in such served area whereupon such request may not be revoked without the express written consent of the District;

    (9) To purchase water from any person, private corporation, or municipality when necessary or convenient for the operation of such water supply and distribution system;

    (10) By majority vote of the commissioners, to lease, sell, transfer, and dispose of any property, real, personal, or mixed, or interest therein, for its corporate purposes, including the right to sell, lease, convey, or otherwise dispose of any distribution system or improvements thereto which the District may acquire or construct to any municipal corporation or town water district, town water supply district, or to the County;

    (11) To make bylaws for the management and regulation of its affairs and rules for the sale of water and the collection of rents and charges therefor. A copy of such rules and bylaws, and all amendments thereto, duly certified by the Clerk of the District shall be filed in the office of the Clerk;

    (12) To execute all necessary or convenient contracts and other instruments, including evidences of indebtedness, negotiable or nonnegotiable;

    (13) To enter on any lands, waterways, and premises for the purpose of making surveys, soundings, and examinations;

    (14) To borrow money and to issue negotiable bonds or notes or other obligations and to fund or refund the same, and to provide for the rights of the holders of its obligations;

    (15) To fix rates and collect charges for the use of the ties of, or services rendered by, or any commodities furnished by the District such as to provide revenues sufficient at all times to pay, as the same shall become due, the principal and interest on the bonds, notes, or other obligations of the District together with the maintenance of proper reserves therefor, in addition to paying as the same shall become due the expense of operating and maintaining the District together with proper reserves for depreciation, maintenance, and contingencies and all other obligations and indebtedness of the District;

    (16) To enter into cooperative agreements with other water districts, municipalities, counties, towns, villages, utility companies, individuals, firms, or corporations, within or without the territorial limits of the District for the interconnection of facilities, the exchange or interchange of services and commodities, or for any other lawful purposes necessary or desirable to effect the purposes of this chapter;

    (17) To accept grants, loans, or contributions from the United States, the State of Vermont, or any agency or instrumentality of either of them or the County, or an individual, by bequest or otherwise, and to expend the proceeds for any purposes of the District; and

    (18) To do all things necessary or convenient to carry out the powers expressly given in this chapter. (Added 1971, No. 135, § 5; amended 1971, No. 266 (Adj. Sess.), § 1.)