The Vermont Statutes Online

Title 24 Appendix: Municipal Charters

Chapter 005: City of Montpelier

• Subchapter 001: INCORPORATION AND GRANT OF POWERS

• § 101. City of Montpelier

  The inhabitants of the territory formerly the Town of Montpelier, and that portion of the Town of Berlin annexed to the City of Montpelier, by an act entitled, “An act to annex an adjacent portion of the Town of Berlin to the City of Montpelier,” which act was approved November 29, 1898, are hereby incorporated as a municipal corporation under the name of the City of Montpelier (hereafter the City); and under that name may sue and be sued, prosecute and defend in any court; may have a common seal and alter it at pleasure; may borrow money on the credit of the City, in the mode and under the restrictions hereinafter provided; may elect representatives to the General Assembly of the State, and the number of justices of the peace as provided in Chapter II of the Vermont Constitution for a town of equal population; and generally shall have, exercise, and enjoy all such rights, immunities, powers, and privileges as are conferred upon, or are incident to, towns in this State; and shall be subject to like duties, liabilities, and obligations, except as otherwise provided in this charter. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 102. General powers

  The City shall have all the powers given to towns by the general law; and may purchase, hold, and convey any real estate and erect and keep in repair any buildings necessary or convenient for its purposes; and may acquire, construct, and maintain such infrastructure as it may deem necessary for the benefit of the City. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 103. Form of government

  (a) The municipal government provided by this charter shall be known as council-manager form of government. Pursuant to its provisions and subject only to the limitations imposed by the State Constitution and by this charter, all powers of the City shall be vested in an elective City Council that shall enact ordinances, codes, and regulations; adopt budgets; determine policies; and appoint the City Manager, who shall enforce the laws and ordinances and administer the government of the City. All powers of the City shall be exercised in the manner prescribed by this charter or prescribed by ordinance.

  (b) The Mayor and Council members shall be sworn to the faithful performance of their respective duties. The Mayor and Council members in their joint capacity shall constitute the City Council. The City Council shall have all the powers of selectboards, as well as additional powers granted by this charter. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 104. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 105. Intergovernmental relations

  The City, through its City Council, may enter into agreements with the United States of America or the State of Vermont to accept grants, loans, and assistance to make public improvements, and the City may make appropriations consistent with this charter to accomplish such purposes. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• Subchapter 002: CITY VOTING DISTRICTS

• § 201. City voting districts

  There shall be three voting districts for the City, which shall be defined and filed with the City Clerk. The City Council may make changes from time to time to the boundaries of the districts in order to provide an equal division of population among them in accordance with U.S. Census data. Voting district changes shall not be made more frequently than once in five years. Such changes shall be approved by the voters at an annual or special meeting of the City and shall become effective immediately upon approval unless a later date is established therein. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• Subchapter 003: CITY COUNCIL

• § 301. Powers and duties of city council

  (a) All powers of the City shall be vested in the City Council, except as otherwise provided by law or this charter, and the Council shall perform all duties and obligations imposed on the City by law.

  (b) In addition, the Council shall have general oversight of the affairs and property of the City not committed by law to the care of any particular officer, including the following powers and duties:

  (1) Acquire property, real and personal, within or outside its corporate limits for any lawful purpose and by any lawful means, including condemnation, in fee simple, or any lesser interest of estate, by purchase, gift, devise, lease, or other means of transfer. The Council may also sell, lease, mortgage, hold, manage, and control such property as its interest may require, in accordance with State law.

  (2) Promote and safeguard the public health, safety, comfort, or general welfare by the adoption, amendment, or repeal of ordinances and regulations, including the following subjects:

  (A) Construction of improvements, including curbs, sidewalks, lighting, and storm drains in a manner specified as a condition precedent for, but not limited to, the issuance of a building permit. The City has power to assess part or all of the expenses of such improvements to the property owners benefited thereby in proportion to respective frontage upon highways or respective values of property or by such standard as determined by the Council. The Council has power to provide for violation or nonperformance.

  (B) Regulation or prohibition of any condition, activity, enterprise, public nuisance, or matter concerning promotion of public health, safety, and welfare as permitted by the general law of the State.

  (C) Licensing of any activity or enterprise as permitted by general law of the State.

  (D) Regulation and enforcement of energy efficiency disclosure requirements for existing and new commercial and residential properties at the time a property is listed for sale.

  (3) Adopt and amend personnel policies for City employees in accordance with general laws of the State, including 24 V.S.A. § 1121 as may be amended from time to time.

  (4) Authorize the expenditure of funds raised from taxation, assessments, appropriations, fines, grants applied for and received, and other lawful sources.

  (5) Provide for citizen participation as appropriate on boards, commissions, and committees.

  (6) Fix, demand, impose, and enforce such items, conditions, and regulations for the excavation of any street or highway by any person as shall be just and reasonably related to the City’s reconstruction and maintenance costs, including expenses to be paid to the City for damages resulting from a street excavation or for the purpose of erecting and maintaining poles, wires, or other apparatus in or under the street. The City has the power to prohibit the use of any street by any such person until such conditions have been complied with.

  (7) Permit the nonhighway use, occupancy, or reservation of portions of public streets and thoroughfares, provided that such use, occupancy, or reservation is in the public interest and will not impair or interfere with the free and safe flow of vehicular and pedestrian traffic thereon.

  (8) Establish fees and benefit charges for City services, permits, licenses, hearings, and uses of City property and establish fees for dog licenses. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2019, No. M-7, § 2, eff. May 30, 2019.)

• § 302. City Council composition and term of office

  The City Council shall consist of the Mayor and two Council members from each voting district. Members shall be elected by the voters of each respective district. Council members shall serve for a term of two years, and one Council member shall be elected per year for each district. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 303. Vacancy in office of Council member

  A vacancy on the City Council shall occur upon the death, removal from the district, inability to serve, or resignation of a Council member. A vacancy in the office of Council member with more than 90 days of unexpired term remaining shall be filled by the remaining members of the City Council. At the next annual meeting of the City, the unexpired term of the office shall be filled by election for the balance of the unexpired term. The Council may remove a Council member who has unexcused absences at four or more consecutive Council meetings upon approval of two-thirds of the Council. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 304. Election of President, Vice President, and Parliamentarian

  (a) Following the annual meeting, the City Council shall elect from its members a President, Vice President, and Parliamentarian.

  (b) The President shall assume all the duties of the Mayor in the event of a vacancy in that office. The Vice President shall assume powers and duties of the Mayor in the event of a vacancy in the offices of Mayor and President. The Parliamentarian shall advise the Council on rules of procedure. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 305. Vacancy in the office of the President, Vice President, or Parliamentarian

  In the event of the death, resignation, or disqualification of the President, Vice President, or Parliamentarian, the remaining City Council members shall elect a successor to serve until the next annual meeting. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 306. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 307. Council meetings

  The City Council shall hold meetings monthly on a regular schedule, and more often at the call of the Mayor. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 308. Special Council meetings

  (a) The Mayor may call special meetings of the City Council at any time. Special meetings may also be called by the Clerk on a petition signed by a majority of the City Council and filed with the Clerk.

  (b) Public notice and notice to the Council shall be given in accordance with 1 V.S.A. § 312, as may be amended from time to time. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 309. Council agenda

  The City Manager shall prepare a written agenda for each meeting of the Council. The City Manager shall add to the agenda any items requested by a Council member or by written request of any other person. The agenda shall be posted in accordance with State law. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 310. Council quorum

  A quorum of the City Council, consisting of a majority or four Council members, shall be necessary to conduct business; however, the transaction of business shall be in accordance with 1 V.S.A. § 172 as may be amended from time to time. A number less than a quorum may adjourn from time to time, may compel the attendance of absent members, and enforce such penalties for non-attendance as the City Council may by ordinance prescribe. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 311. Attendance at meetings

  Any City officer or employee may be required to attend a meeting of the City Council.

• § 312. Council meetings generally public

  All meetings of the City Council shall be open to the public and conducted in accordance with the Vermont Open Meeting Law and rules of procedure adopted by the Council, except that a meeting may be closed to the public for deliberations of the Council when acting in a quasi-judicial capacity or in accordance with the executive session provision of the Vermont Open Meeting Law. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 313. Council minutes recorded

  All minutes of the City Council meetings shall be recorded and shall be available to the public as provided in the general access to public records laws of the State. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 314. Executive session

  The Council may enter into executive session by majority vote in accordance with 1 V.S.A. § 313(a) as may be amended from time to time. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 315. Council authority to require information

  The City Council shall have the authority to require the City Clerk and each appointive City officer, excluding school department officers, to furnish information concerning anything connected with, or work planned to be performed in, their respective department. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 316. Compensation

  The Mayor and Council members shall receive as compensation for their services such sums as shall be voted to them at the annual meeting of each year. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 317. Council appointments

  (a)(1) The City Council shall appoint the following officers:

  (A) City Manager;

  (B) City Treasurer; and

  (C) City attorneys.

  (2) The City Council may remove any appointee set forth in subdivision (1) of this subsection and appoint another.

  (b) The City Council shall also appoint and remove members of boards and commissions created by the Council and other officers approved by the Council or required by law.

  (c) Any appointment made by the City Council to fill a vacancy shall be only for the balance of the unexpired term in which the vacancy occurred. (Amended 2011, No. M-6, § 2, eff. May 6, 2011; 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 318. Claims for personal services

  No claim for personal services shall be allowed to the officers elected at the annual meeting, except when compensation for such services is provided for under the provisions of this charter or by the general law. The compensation of all officers and employees of the City shall be fixed by the City Council, except as herein otherwise provided. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 319. Sale of public property

  The City Council may authorize the sale or lease of any real or personal estate belonging to the City. All conveyances, transfers, grants, or leases of any real estate owned by the City shall be signed by the Mayor in accordance with 1 V.S.A. § 313 as may be amended from time to time. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 320. Contracts

  All contracts on behalf of and any purchases for the City shall be authorized by the City Council, except as otherwise provided by ordinances of the City of Montpelier or this charter. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 321. Ex-officio appointments

  The City Council shall have the powers of the board of water and sewer commissioners, the local board of health (when convened with the health officer), and the local board of liquor control as specified by this charter and State statute. (Added 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 322. Prohibitions and conflicts of interest

  (a) Holding other office. Except where authorized by law, no member of the City Council shall hold any other City office or City employment during the term of election to the Council. However, a paid or unpaid volunteer member of the Fire Department, other than an officer or member of the Department appointed directly by the City Manager, may serve as a member of the City Council.

  (b) Appointments and removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the City Manager or any of the Manager’s subordinates are empowered to appoint.

  (c) Interference with administration. Except for the purpose of inquiries and investigations under this charter, the Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.

  (d) Conflict of interest. By ordinance, resolution, or parliamentary rule of prohibition, the Council shall adopt measures relating to the definition, disclosure, and consequences of a conflict of interest or any perception thereof involving elected and appointed City officials. (Added 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• Subchapter 004: MAYOR

• § 401. Election and tenure of Mayor

  The Mayor shall be elected by and from the qualified voters of Montpelier. The Mayor shall hold office for a term of two years or until the Mayor’s successor is elected and qualified. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 402. Powers and duties of Mayor

  (a) The Mayor shall be the chief executive officer of the City subject to provisions in this charter related to the City Manager. The Mayor shall use the Mayor’s best efforts to see that the laws and the City ordinances are enforced, and that the duties of all subordinate officers are faithfully performed. The Mayor shall take care that the finances of the City are properly managed, and shall bring before the City Council public issues relevant to the affairs of the City. The Mayor shall preside at all City Council meetings with the powers of moderator and shall have a voice and vote in City Council meetings in accordance with Council rules and procedures.

  (b) The Mayor may veto any action passed by the City Council, provided it is done before the next regular Council meeting and the Mayor provides a written explanation for the veto. Any veto by the Mayor can be overridden by a vote of five or more Council members at the next regular City Council meeting. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 403. Vacancy in Office of Mayor

  (a) In the case of a vacancy in the Office of Mayor, with more than 120 days of unexpired term remaining, the City Council shall forthwith direct the City Clerk to call a special meeting of the legal voters of the City for the election of an interim mayor to serve for the unexpired term and until the Mayor’s successor is duly elected and qualified.

  (b) Nominations to fill a vacancy in the Office of Mayor shall be by certificate signed by at least 25 voters. The certificate shall be filed with the City Clerk not fewer than 15 and not more than 25 days before the special election.

  (c) In the event 120 days or fewer remain of the unexpired term, the Council President shall assume the duties of the Mayor. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• §§ 404, 405. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• Subchapter 005: CITY MEETINGS; NOMINATION AND ELECTION OF OFFICERS

• § 501. City meetings

  (a)(1) On the first Tuesday of March in each year, a meeting of the voters of the City shall be held as designated on the warning for such meeting, at a place or places to be appointed by the City Council, and a warning shall be posted in accordance with State statute.

  (2) Any business or election required by this charter or general law to be transacted at the annual meeting may also be transacted at a special meeting.

  (b) The warning for annual and special City meetings shall, by separate articles, specifically indicate the business to be transacted, including the offices and the questions to be voted upon. The warning also shall contain any legally binding article or articles requested by 10 percent of the registered voters of the City. The warning shall also include any nonlegally binding articles, including matters of State, national, or international importance requested by five percent of the voters. Petitions requesting that an article be placed on the warning shall be filed with the City Clerk not fewer than 40 days before the day of the meeting.

  (c) All budgets, elections, and public questions shall be considered by Australian ballot at annual and special meetings.

  (d) A vote taken at an annual or special meeting shall remain in effect unless rescinded or amended. (Amended 2011, No. M-15 (Adj. Sess.), § 2, eff. May 7, 2012; 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 502. Publishing and posting of articles

  When questions involving authorization of public improvements and the incurring of debt to pay for the same are to be referred to the voters at an annual or special City meeting, the articles of the warning for the meeting shall be posted as provided by State statute. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 503. Special City meetings; special meetings to authorize improvements and incur debt

  (a)(1) The City Clerk, when directed by the City Council or when requested in writing by 10 percent of the voters to do so, shall call a special meeting of the voters of the City in the same manner provided for calling the annual meeting.

  (2) In case of the failure of the City Clerk to call such special meeting as provided in subdivision (1) of this subsection, that duty shall be performed by the Mayor.

  (b) Special meetings to authorize public improvements and the incurring of debt to pay for the same shall be warned as provided by general laws of the State.

  (c)(1) The City Council shall call the special meeting within 60 days of the application being received by the City Clerk.

  (2) The City Council may rescind the call of a special meeting that it initiated itself, but not a special meeting called upon the petition of 10 percent of the voters. (Amended 2011, No. M-15 (Adj. Sess.), § 2, eff. May 7, 2012; 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 504. Election of officers

  (a) All officers shall be elected by Australian ballot, according to general laws of the State, except when otherwise provided in this charter.

  (b) Candidates’ names shall appear in order on the ballot as shall be drawn by lot under the direction of the Board of Civil Authority.

  (c) Provisions for write-in votes shall be available for voters. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 505. Conduct of elections

  The City Clerk and Board of Civil Authority shall conduct elections in accordance with general laws of the State. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 506. Voter checklists

  The City Clerk and Board of Civil Authority shall manage voter qualification, registration, checklist, and absentee balloting in accordance with general laws of the State. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• §§ 507, 508. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 509. Election of City officers

  (a) At the annual meeting, Montpelier voters shall elect from among the City voters a Mayor for a term of two years, a City Clerk for a term of three years, a City Council member from each district for a term of two years, and other elective City officers. At the annual meeting there shall be elected from among the City voters members of the Board of School Directors of the Montpelier-Roxbury Unified Union School District as provided in the June 20, 2017 Articles of Agreement between the City of Montpelier and the Roxbury Town School District.

  (b) Each elected City officer shall hold office until a successor has been duly elected and qualified. (Amended 2011, No. M-6, § 3, eff. May 6, 2011; 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 510. Certificates of nomination

  (a) Certificates of nomination for City offices to be filled at annual City meetings shall be filed in accordance with the general laws of the State.

  (b) A candidate running for City Council needs a certificate signed by 25 or more voters from the specific district in which that candidate resides.

  (c) A voter shall not sign more than one certificate for the same office except when there are multiple seats to be filled. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 511. Canvassing of ballots

  (a) At the close of the balloting at any City election or annual or special City meeting, the City Clerk and the Board of Civil Authority, and such other election officers as may be designated by the Board of Civil Authority, shall canvass the ballots cast for all officers and for any proposals on the ballot.

  (b) The City Clerk shall report the results in accordance with State statute.

  (c) The candidate who has received a plurality of the votes cast for each respective City office shall be declared elected to that office.

  (d) Any election for State or county officers or representatives to the General Assembly shall, in all cases, be conducted according to the general law of the State. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 512. Vacancies in City offices

  (a) A vacancy in an elective office occurs upon the death or resignation of the office holder, inability to serve, removal from the City, and in the case of a Council member, removal from the district.

  (b) Vacancies occurring in an elective office with more than 90 days of unexpired term remaining, excepting a vacancy in the office of Council member or school commissioner, shall be filled by the City Council until the next annual meeting of the City. The unexpired term of any office filled as provided in this subsection shall, at the next annual meeting of the City, be filled by election for the balance of the term in accordance with general law. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 513. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 514. Reconsideration and rescission

  (a) Action taken on a warned article at an annual or special meeting may be submitted to the voters at a subsequent annual or special meeting on motion of the City Council or pursuant to a petition requesting reconsideration or rescission signed by not less than 10 percent of the registered voters and filed with the City Clerk within 30 days following the date of the annual or special meeting at which the action was taken.

  (b) A majority vote in favor of reconsideration or rescission shall not be effective unless the number of votes in favor of reconsideration or rescission exceeds two-thirds of the number of votes cast for the prevailing side at the original meeting. (Amended 2011, No. M-15 (Adj. Sess.), § 2, eff. May 7, 2012.)

• § 515. Repealed. 2017, No. M-18, (Adj. Sess.) § 4(1), eff. May 21, 2018.

• Subchapter 006: SCHOOLS

• §§ 601-614. Repealed. 2017, No. M-18 (Adj. Sess.), § 4(2), eff. May 21, 2018.

• Subchapter 007: CITY ORDINANCES

• § 701. Council authority

  The City Council may adopt, amend, repeal, and enforce any bylaw, regulation, or ordinance that it may deem necessary and proper for carrying into execution the powers granted by this charter and State law or for the well-being of the City in accordance with 24 V.S.A. § 2291, as may be amended from time to time. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 702. Ordinance adoption, notice, and effective date

  (a) A proposed bylaw, regulation, or ordinance shall be adopted upon completion of the process that includes public notification and public hearing prior to passage by the City Council.

  (b) The adoption or amendment of an ordinance shall be warned in accordance with 24 V.S.A. § 1972, as may be amended from time to time, in addition to posting on the City website and public notice six days prior to the effective date.

  (c) An ordinance takes effect 15 days after passage unless the City Council or the City Clerk receives a petition signed by five percent of the voters calling for a public vote to disapprove the ordinance. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 703. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 704. Record of ordinances

  The City Clerk shall prepare and keep in the City Clerk’s office the ordinances passed by the Council, with a complete index of the ordinances according to subject matter. City ordinances shall be available on the City website. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 705. Violation of an ordinance

  The violation of an ordinance shall be enforced according to State statute. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 706. Actions in tort

  In addition to any fine and other punishment provided for violation of a bylaw, regulation, or ordinance, the City of Montpelier may have and maintain an action in tort founded on this statute against any person damaging or destroying City property, or injuring or corrupting any of the water supply or water system of the City, and may recover treble damages against such person. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 707. Public nuisances

  In prosecutions for public nuisances, possible relief for the City may include damages and injunction relief, as well as orders to authorize the City to remedy the nuisance, if possible, and charge the offending party. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 708. Repealed. 2013, No. M-19 (Adj. Sess.), § 2 eff. May 20, 2014.

• Subchapter 008: BOARDS AND COMMISSIONS

• § 801. Green Mount Cemetery Commission

  (a) The Green Mount Cemetery Commission shall have charge of all public cemeteries and burial grounds in the City with the same power and authority as similar officials in towns.

  (b)(1) Commissioners of the Green Mount Cemetery shall be elected at the annual meeting of the City to comply with the charter of the Green Mount Cemetery.

  (2) The City Treasurer and they shall have all the authority and carry out all the conditions made by the charter of Green Mount Cemetery.

  (3) These commissioners shall be five in number, and one shall be elected at each annual meeting for a five-year term.

  (c) Vacancies on the Commission shall be filled by the remaining commissioners until the next annual meeting of the City. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 802. Parks Commission

  (a) The Parks Commission shall consist of five members, one of whom shall be elected at each annual meeting for a five-year term.

  (b) Vacancies in the Commission shall be filled by the remaining commissioners until the next annual meeting of the City.

  (c) The Commission shall have charge of the construction, maintenance, and control of all public parks within the City. The term “public parks” shall not be construed to include recreational fields and playgrounds. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 803. Board of Civil Authority

  (a) The City Council, City Clerk, and the justices of the peace resident in the City shall constitute the Board of Civil Authority that shall perform all the duties imposed by law upon such boards in towns, except as otherwise provided in this charter.

  (b) All meetings of the Board of Civil Authority shall be called by the Mayor who shall request the City Clerk to notify the members of the Board of the time and place of such meeting, either personally or by written notice duly mailed to each member at least five days before such time appointed. If the Mayor fails to call a meeting of the Board of Civil Authority when such meeting is required by law, the City Clerk shall call such meeting and shall notify the members.

  (c)(1) A minimum of one-third of the members shall constitute a quorum. Annually, at the first meeting of the Board of Civil Authority after the annual City meeting, the members of the Board shall elect one of their members as Chair of the Board to serve until after the next City election. The Chair shall preside at each meeting of the Board. The City Clerk shall preside at each meeting until the presiding officer is chosen.

  (2) The Board of Civil Authority shall meet before all annual or special meetings and State and national elections, and before City party caucus dates for the purpose of adding and purging the voter checklist. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 804. Board for Abatement of Taxes

  (a) The Board for Abatement of Taxes, consisting of the Board of Civil Authority, the City Assessor, and the City Treasurer, shall be governed by the general laws of the State in respect to abatement of taxes.

  (b)(1) The Board for Abatement of Taxes shall meet on the first Tuesday in June in each year, which meeting may be adjourned from time to time thereafter for the purpose of considering abatement of paid taxes as provided by 24 V.S.A. § 1535, as may be amended from time to time.

  (2) All requests for the abatement of paid taxes shall be filed with the City Clerk at least five days before the date of such meeting.

  (3) The City Clerk shall cause such meeting to be warned by posting and publishing a notice of the same at least 15 days prior to such meeting and also five days prior to such meeting.

  (c) All meetings of the Board for Abatement of Taxes shall be called by the Mayor who shall request the City Clerk to notify the members thereof of the time and place of such meeting, either personally or by written notice duly mailed to each member at least five days before such time appointed. If the Mayor fails to call a meeting of the Board for Abatement of Taxes when such meeting is required by law, the City Clerk shall call such meeting and shall notify the members. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 805. Planning Commission

  The Planning Commission shall consist of seven members appointed by the City Council for two-year terms in accordance with 24 V.S.A. §§ 4322-4323, as may be amended from time to time. On October 1, 2018, the City Council shall appoint four members to two-year terms and three members to one-year terms. Thereafter all terms shall run for two years beginning on October 1. Appointments to vacated positions shall run until the expiration of the existing term. The Planning Commission shall perform such planning functions and duties as may be required by the City Council, this charter, ordinances, or applicable State laws. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 806. Development Review Board

  (a) The Development Review Board shall consist of seven regular members and two alternate members, appointed by the City Council in accordance with 24 V.S.A. § 4460, as may be amended from time to time.

  (b) On May 1, 2018 the City Council shall appoint three members to three-year terms, three members to two-year terms, and one member and two alternates to one-year terms. Thereafter all terms shall run for three years beginning on May 1. Appointments to vacated positions shall run until the expiration of the existing term.

  (c) The Development Review Board shall, upon the request of an interested person, hear the appeal of any decision or act taken by the Administrative Officer in accordance with the procedures outlined in 24 V.S.A. chapter 117, subchapter 11, as may be amended from time to time, and perform such other duties as may be required by the City Council, this charter, ordinances, or applicable State laws.

  (d) A quorum shall consist of a minimum of four regular or alternate members up to a maximum of seven regular or alternate members.

  (e) Alternate members may serve on the Development Review Board when one or more regular members are unable to attend a meeting.

  (f) The Development Review Board shall be further governed by rules and procedures as provided in the City ordinances. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 807. Recreation governance

  (a) The City may establish, maintain, and conduct a system of public recreation including playgrounds; may set apart for such use any land or buildings owned or leased by the City; may acquire land, buildings, and recreational facilities by gift or purchase, may issue bonds therefore as provided by law and equip and conduct the same; may employ a Director of Recreation and other employees as necessary; and may expend funds for the aforesaid purposes.

  (b) The City Council may conduct the same through a Department of Recreation. Alternately, the Council may delegate the conduct thereof to a Recreation Board created by the Council, or to the School Board, or to any other appropriate existing board or commission.

  (c) If the City Council chooses to appoint a Recreation Board, it shall consist of five members appointed by the Council for three-year terms. The Recreation Board shall perform such planning functions and duties as may be required by the Council, this charter, ordinances, or applicable State laws.

  (d) The Recreation Board budget shall be an integral part of the City budget and under the control of the City or its designee. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 808. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 809. Council authority over boards and commissions

  (a) The City Council has the authority to create new boards and commissions. The City Council also has the authority to consolidate or eliminate any City boards and commissions not required by law.

  (b) Upon approval of two-thirds of its members, the Council has the authority to remove a member of a board or commission. (Added 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 810. Youth members

  The City Council may appoint nonvoting youth members to City boards and commissions, in addition to the regular appointed members. Youth members shall be enrolled in a secondary school at the time of appointment. Appointments shall last one year, commencing in the beginning of the regular school year calendar. (Added 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• Subchapter 009: ADMINISTRATION

• § 901. Fiscal year

  The fiscal year shall begin the first day of July and end the 30th day of June each year or as otherwise authorized by the voters of the City. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 902. Annual City budget

  The City Manager shall prepare and submit a proposed fiscal budget to the City Council in December or in compliance with their agreed-upon schedule. The Council shall have the authority to set the budget submission date. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 903. Council action on the budget

  The City Council shall review the annual City budget as submitted by the City Manager at budget meetings established by the Council. The meetings of the City Council upon the budget shall be open to the public. During its review of the proposed budget, the City Council may add or increase budget programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for fixed debt service requirements.

• § 904. Administrative officers

  The administrative officers of the City shall be those provided by law for towns except as otherwise provided by this charter. Officers shall have all the powers and duties necessary to carry out the provisions of this charter as well as those provided by law. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 905. Election and tenure of City Clerk

  The City Clerk shall be elected by the voters of Montpelier for a term of three years. Following his or her election, the City Clerk may appoint one or more assistant City clerks. In the event of a vacancy in the Office of City Clerk, the assistant City clerk shall assume the duties of the office until such time as the vacancy is filled. The powers, authority, and responsibilities of the City Clerk shall be those prescribed by general law in addition to those set forth in this charter. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 906. Appointment of City Treasurer

  The City Treasurer shall be appointed by the City Council. The Treasurer shall serve as an officer and employee of the City under the City Manager’s administrative control. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 907. Personnel administration and benefits

  The City Council may adopt rules relating to personnel administration, including the following: job classification, tenure, retirement, pensions, leaves of absence, vacation, holidays, hours of work, group insurance, salaries, layoffs, reinstatement, promotion, demotion, dismissal, transfer, injury, and settlement of disputes and appeals. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 908. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 909. Annual City report

  A full record of expenditures shall be kept and a clear statement of all receipts and disbursements of City money and of the affairs of the City generally, together with the report of other City officials, shall be annually published under the direction of the City Manager. A reasonable number shall be made available for distribution among the voters of the City at least 10 days prior to the annual City meeting. The report shall include estimates of receipts and proposed expenditures of the City for the ensuing year. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 910. Officers’ bonds

  All officers from whom the City Manager may require bonds, or as required by State statute, shall annually give bonds to the City, to the satisfaction of the City Manager, for the faithful discharge of their respective trusts. Such bond shall be given before the officer concerned enters upon the officer’s duties. If the City Manager requires a bond with a fidelity company as surety, the City shall pay the expense thereof. The City Manager may contract for one blanket bond to cover all City officials and employees required to furnish bonds. Such blanket bond may, with the concurrence of other boards or agencies requiring bonds from officers and employees under their control, cover other officers or employees under control of such boards. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 911. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• Subchapter 010: CITY MANAGER

• § 1001. Appointment; eligibility; qualifications

  The City Manager shall be chosen and appointed by majority vote of the City Council for an indefinite term, solely on the basis of the City Manager’s professional qualifications. The City Manager need not be a resident of Montpelier or the State of Vermont at the time of appointment, but shall reside in the City during the City Manager’s tenure of office unless other conditions are approved by the Council. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1002. City Manager employment contract

  The City Council shall enter into a written agreement with the City Manager establishing terms of employment, including salary and related benefits. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1003. Oath of office

  The City Manager shall be required to take the oath of allegiance and the oath of office as prescribed in the Constitution of the State of Vermont before entering upon the City Manager’s duties. (See section 1401 of this charter (oath of allegiance; oath of office)). (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1004. Removal of City Manager

  The City Manager may be removed from office by a majority vote of the City Council at a duly warned meeting for that purpose, as provided by general law or employment contract. At least 30 days prior to the effective date of such removal, the City Council shall by majority vote of its members adopt a resolution stating the reason for the removal, and cause a copy of such resolution to be given to the Manager. The City Council may by such resolution immediately suspend the City Manager from active duty, but shall continue the Manager’s salary until final dismissal, unless otherwise contracted between the Council and the City Manager. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1005. Vacancy in the Office of City Manager

  (a) During times of vacation and planned absences, the City Manager shall designate an acting City Manager to perform the duties of the Office. In the event of a vacancy in the Office of City Manager, or during the temporary absence or disability of the City Manager, the City Council, by resolution of the majority of its members, may appoint an acting City Manager to perform the duties of the Office. The Council shall set the compensation of the person so appointed.

  (b) The acting City Manager shall have all the powers and duties of the City Manager, except any appointment or removal of officials or employees by the acting City Manager shall be confirmed by the City Council. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1006. Powers and duties of City Manager

  The City Manager shall be the administrative head of the City government. The City Manager shall be responsible to the City Council for the administration of the affairs of the City and for carrying out the policies of the City Council. The powers and duties of the City Manager shall be as follows:

  (1) ensure that all laws and ordinances are enforced;

  (2) exercise administrative control over all departments;

  (3) make appointments and removals as provided in this charter;

  (4) prepare the annual fiscal budgets to be submitted to the City Council for review and adoption prior to the annual meeting;

  (5) attend meetings of the City Council, take part in the discussion, provide requested and relevant data, and make recommendations for the determination of policy as the City Manager may deem expedient;

  (6) act as purchasing agent for all City departments, except schools;

  (7) set salaries and wages of all employees under the City Manager’s jurisdiction in accordance with this charter, fiscal budgets, and personnel policies;

  (8) administer the personnel policies, job classifications, and pay plan, and is authorized to take final action on all personnel issues for positions under the Manager’s administrative control;

  (9) delegate responsibility for administrative duties to department heads and subordinate officers; and

  (10) perform such other duties as may be prescribed by this charter or required by the City Council. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1007. Appointments

  (a) Except for those appointments made by the City Council as provided for in this charter, the City Manager shall appoint and remove all City employees, including Chief of the Fire Department, Chief of Police, Director of Public Works, Director of Planning and Community Development, Finance Director, Senior Citizen Director, Zoning Administrator, City Assessor, Building Inspector, Assistant City Manager, Health Officer, Parks Director/Tree Warden, Recreation Director, Tax Collector, and all other officers and employees as may be required by general law of the State, by this charter, or by the City Council.

  (b) City Manager appointments shall continue until removed by the City Manager. Removals by the City Manager shall be in accordance with any personnel policy or plan adopted in accordance with section 907 of this charter. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1008. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 1009. Noninterference by City Council

  (a) Neither the City Council as a body nor any of its members shall dictate or attempt to dictate the appointment of any person to office or employment, nor the removal of any person from office or employment by the City Manager. The City Manager may seek the advice of the City Council or its members in matters of appointment or employment, but shall be free to exercise the City Manager’s own judgment.

  (b) In addition, neither the City Council nor any of its members shall collectively or individually give orders either publicly or privately to any department head or employee of the City under the jurisdiction of the City Manager but shall deal solely through the City Manager, except for purposes of inquiry. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• Subchapter 011: INDEBTEDNESS; SINKING FUND; BONDS AND NOTES FOR IMPROVEMENTS

• § 1101. Powers

  The City may issue bonds or notes for any improvement authorized by general or special law, including this charter. The word “improvement,” as used in this subchapter, shall have the meaning ascribed to it by the general laws of the State and shall include the acquisition and construction of facilities for the production and delivery of heat and of devices, facilities, and other measures to conserve energy or promote efficient energy use, and the acquisition or construction of any other work or improvement for which municipalities of the State may now or hereafter be authorized to incur debt. (Amended 2011, No. M-6, § 4, eff. May 6, 2011; 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1102. Submission to voters; public improvements

  (a) When the City Council shall determine that the public necessity or interest demands improvements, and that the cost of the same will be too great to be paid out of the ordinary revenue of the City, the Council may by vote of two-thirds of its members order the submission of a proposition to make such improvements and incur debt to pay for the same to the voters of the City at an annual or special meeting warned and held for that purpose.

  (b) The City Council shall, on receipt of a petition signed by ten percent of the voters, promptly order the submission of a proposition to make such improvements and incur debt to pay for them to the voters of the City at an annual or special meeting warned and held for that purpose. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 1103. Repealed. 2017, No. M-18 (Adj. Sess.), § 4(3), eff. May 21, 2018.

• § 1104. Warning

  The warning calling such meeting shall state the object and purpose for which the indebtedness is proposed to be incurred, the estimated cost of the improvements, and the maximum amount of debt to be incurred therefore and shall fix the place where and the date on which such meeting shall be held and the hours of opening and closing of polls.

• § 1105. Notice of meeting

  The City Clerk shall cause the warning of such meeting to be published as provided by the general laws of the State. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1106. Authorization

  When a majority of all the voters voting on such proposition at an annual meeting or special City meeting shall vote to authorize such improvements and the incurring of debt to pay for the same, the City Council shall be authorized to make such improvements. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 1107. Conduct of meetings

  The qualifications of voters at all such City meetings shall be the same as the qualifications of voters at annual City meetings, and such meetings shall be conducted in the same manner as City meetings are conducted. The vote on the question of making the improvements and incurring a debt shall be by Australian ballot in the form provided by the general law of the State. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1108. City Council action

  When the incurring of a debt has been authorized by the voters in the manner provided in this subchapter, the City Council shall determine by resolution whether notes or bonds are to be issued and the terms thereof. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1109. Bonds; maturities

  All bonds issued under this subchapter shall be payable serially, the first payment to be deferred not more than five years after date of issue and subsequent payments to be continued annually in equal or diminishing amounts so that the entire debt will be paid in not more than 25 years from the date of issue or as may be otherwise permitted by law. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1110. Debt limits

  The City’s debt limits shall be calculated as provided by general laws of the State. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1111. Specifications

  The City Council shall approve the rate of interest, the date, the denominations, the time and place of payment, and the form of such bonds or notes. The City Council may provide that the bonds or notes be sold on a competitive bid basis or by negotiated sale. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1112. Taxes to meet interest and payments

  At the time of voting a general tax levy, the City shall provide annually for the assessment and collection each year, until such bonds or notes are paid, of a tax sufficient to pay the interest on such bonds or notes and the part of the principal as shall become due prior to the time the taxes are due in the next following year. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1113. Advertisement

  Bond of the City shall be advertised for sale as provided by the general laws of the State. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1114. Execution

  All bonds and notes issued under this subchapter shall be signed by the Mayor and Treasurer of the City and in addition bonds shall bear the Seal of the City. The bonds or notes shall contain a statement that they were issued for the purposes mentioned in and in conformity with the provisions of this charter or applicable provisions of the general laws, and such statement shall be conclusive evidence of the same and of the liability of the City to pay the bonds or notes and the interest thereon in an action by a person who in good faith holds such bonds or notes. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1115. Record by Treasurer

  The City Treasurer shall keep a record of every bond or note issued under this subchapter, stating the number and denomination of each bond or note, when issued, and the rate of interest. The Treasurer shall also keep a record of payments of interest or principal. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1116. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 1117. Use of unexpended bond proceeds

  (a) The proceeds of all bonds or notes shall be used for the purpose for which they were authorized. However, any unexpended balance remaining after carrying out the purpose for which they were authorized may, by vote of any annual or special City meeting duly warned and held for that purpose, be authorized for any purpose for which bonds may be issued, in accordance with general law, or transferred to a sinking fund established by the Council.

  (b) [Repealed.] (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 1118. Bonds or notes for refunding; authorization; procedure

  The City may issue bonds or notes to refund the principal and interest of bonds or notes then outstanding and for any other purpose authorized by the general laws of the State. Such refunding bonds or notes shall be authorized and issued as provided by law. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1119. Temporary loans in anticipation of taxes and for current expenses

  The City Council shall have the authority to borrow in anticipation of the receipt of taxes and other revenue, in anticipation of the receipt of grants, in anticipation of the issuance of bonds, and for current expenses as provided by the general law, including 24 V.S.A. §§ 1773 and 1786, as may be amended from time to time. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1120. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 1121. Limitations

  The credit of the City shall not be pledged, except in the manner herein provided, and the City Council shall not expend in any year a sum of money in excess of the revenues of the City for that year or increase the indebtedness of the City, except as provided by this charter or to meet obligations imposed by law. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1122. Special indebtedness for water purposes, sewage disposal, and heat improvements

  For the purpose of owning, operating, improving, and managing its public water works system, a public sewage disposal system, heat facilities and devices, facilities, and other measures intended to conserve energy use, promote efficient energy use, or any combination thereof, the City may pledge all or any part of the net revenues of such enterprises in the manner provided by general laws of the State. (Amended 2011, No. M-6, § 4, eff. May 6, 2011; 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1123. Powers of the City not limited

  The powers granted in this subchapter shall not be construed in limitation, diminution, or in substitution for, but in addition to, power provided by law for municipalities generally in authorizing and incurring indebtedness for public improvements or otherwise, all of which general powers shall inure to and be exercisable by the City. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1124. City finances

  Except as hereinafter provided, the money raised by taxation from fines and penalties and from other lawful sources shall constitute the entire sum for which appropriations and payments are to be made by authority of the City Council, except that money raised by bonds or notes as hereinafter authorized shall be appropriated and paid out in the manner set forth in this charter. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1125. Budget surplus and deficit

  Unless otherwise disposed of in the manner provided by law or set in reserve by the City Council, any surplus existing at the end of the fiscal year shall be carried forward as revenue in the General Fund for the next ensuing fiscal year. Any deficit existing at the end of the fiscal year shall be liquidated in the manner provided by law. (Added 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; amended 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• Subchapter 012: ASSESSMENT AND COLLECTION OF TAXES; ESTABLISHMENT OF WATER AND HEAT RATES

• § 1201. Assessment of taxes and establishment of tax rate

  (a) The City Council shall assess such taxes upon the grand list of the City as the voters at any annual or special meeting warned for that purpose have approved for the payment of debts and current expenses of the City, for carrying out any of the purposes of this charter, and for the payment of all State and county taxes and obligations imposed by law. The vote of the City shall be upon the specific sum of budgeted tax appropriation for the support of all City departments, grants, schools, recreation, and elders. The City Council shall establish a tax rate based upon the true grand list as appraised by the City Assessor, and shall deliver the same to the City Treasurer for computation and collection.

  (b) The City shall have the authority to change the way that the annual fiscal budget is approved, enabling voters to approve the entire municipal budget instead of or in addition to voting on the budgeted tax appropriation amount. Voting on the entire municipal budget shall take effect when such process is adopted by the majority of voters at an annual or special meeting duly warned for this purpose in accordance with general law.

  (c) For the purpose of assessing taxes upon the grand list of the City as provided in subsection (a) of this section, an owner whose personal property does not exceed the assessed value of $10,000.00 shall not be set in the grand list of the City as taxable personal estate. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014; 2013, No. 96 (Adj. Sess.), § 165; 2017, No. M-18 (Adj. Sess.), § 2, eff. May 21, 2018.)

• § 1202. Notice of tax bill and due date

  Thirty days before the due date for the payment of taxes or before the first installment payment thereof, the City Treasurer shall send all municipal taxpayers notice in writing of the tax bill, the amount thereof, and the “due date” by which this amount shall be paid to the City Treasurer. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1203. Tax payment schedule

  Except as hereinafter provided, taxes assessed upon the grand list of the City shall be due and payable in equal installments or as the City Council may provide by ordinance. Default in payment of any installment due shall render a penalty based on the payment that is in default. Any special tax assessed on the grand list of the City shall be due and payable as the City Council shall provide by ordinance. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1204. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 1205. Warrants on delinquent taxes and water, sewer, and thermal energy bills

  Within 30 days following the due date, the Treasurer shall prepare warrants for taxpayers and property owners delinquent in payment of taxes or water, sewer, or thermal energy bills. The Treasurer shall deliver these warrants forthwith to the Tax Collector for collection, with penalties and interest as provided by ordinance and by law. Such warrants shall remain in full force until all the taxes and other delinquent payments have been either collected, abated, or have become outlawed under the general law. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1206. Lien upon real estate

  All taxes lawfully assessed upon real estate in the City as well as charges for water, sewer services, heat, and any special assessments shall constitute an underlying lien on such real estate, and shall enjoy priority in law over all other liens regardless of whether such other liens have priority in time. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1207. Application of payment on delinquent taxes

  Payments made on the account of a delinquent taxpayer shall be applied: first, to all outstanding personal property taxes for which said delinquent taxpayer is responsible; second, to real estate taxes for which said delinquent taxpayer is responsible. However, the holder of a mortgage or other lien upon real or personal property of a taxpayer may make payment on said taxpayer’s account and may specify that such payments be applied on the tax assessed against the property covered by such mortgage or lien. Any taxes paid shall be applied to penalty, interest, and oldest outstanding delinquency in that order first. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1208. Water and sewer rates

  The City Council shall establish rates to be paid for the use of water supplied by the City water system and sewage disposal and benefit charges. Water rates and sewage disposal charges shall be and are hereby made a lien in the nature of a real estate tax upon the real estate so supplied with water and public sewers, and shall be collected and enforced under such regulations and ordinances as the City Council shall prescribe. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1209. Water meters

  The City Council may provide for use of meters or other mechanical devices as a basis of charging users of water supplied by the City water system and may in its discretion provide for use of such devices by all users of specified classes.

• § 1210. Thermal energy rates

  The City Council shall establish rates to be paid for the use of heat and improvements supplied by the City for the production and distribution of heat, and such rates shall be called heat rates. Such heat rates shall be a lien in the nature of a real estate tax upon the real estate so supplied with heat, improvements for the delivery of heat, or both, and shall be collected and enforced under such regulations and ordinances as the City Council shall prescribe. (Amended 2011, No. M-6, § 5, eff. May 6, 2011.)

• § 1211. Heat meters

  The City Council may provide for use of meters or other devices as a basis of charging users of heat supplied by the City system and may in its discretion provide for use of such devices by all users of specified classes. (Added 2007, No. M-11, § 2, eff. April 27, 2007; amended 2011, No. M-6, § 5, eff. May 6, 2011.)

• § 1212. Tax Collector

  Delinquent taxes, fees, charges, and assessments shall be collected by the City Tax Collector, appointed under section 1007 of this charter whose powers and duties shall be those provided by general law. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1213. Property tax credits; sprinklers

  By resolution or ordinance, the City Council may grant credits equal to no more than 10 percent of the annual municipal property tax, or reductions of up to 10 percent of the appraised valuation, for residential and nonresidential buildings equipped with an operating fire sprinkler system approved by the Fire Chief in accordance with applicable codes and ordinances. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1214. Local option taxes

  Local option taxes are authorized under this section for the purpose of affording the City an alternative method of raising municipal revenues. Accordingly:

  (1) The City Council may assess rooms, meals, and alcohol taxes of one percent.

  (2) Any tax imposed under the authority of this section shall be collected and administered by the Department of Taxes, in accordance with State law governing such State tax.

  (3) Of the taxes reported under this section, 70 percent shall be paid to the City for calendar years thereafter. Such revenues may be expended by the City for municipal services only and not for educational expenditures. The remaining amount of the taxes reported shall be remitted monthly to the State Treasurer for deposit in the PILOT Special Fund set forth in 32 V.S.A. § 3709. Taxes due to the City under this section shall be paid by the State on a quarterly basis. (Added 2015, No. M-15 (Adj. Sess.), § 2, eff. May 17, 2016.)

• Subchapter 013: SPECIAL ASSESSMENTS; TAKING PROPERTY FOR PUBLIC PURPOSES

• § 1301. Taking property for public purposes

  The City Council, upon notice to persons affected, may lay out, make, maintain, alter, establish, install, construct, discontinue, or repair the following: any street, road, highway, lane, alley, transportation path, or sidewalk; any heat facilities and devices or other measures to conserve or generate energy or promote efficient energy use in the City; any public facilities, parks, playing fields, and other improvements deemed necessary by the Council; any municipal building; any water source, treatment, storage, delivery, sale, transmission, and distribution facilities within and without the City; and any sewer and storm water collection, transmission, separation, treatment, and disposal facilities as the public health or the public good shall require. (Amended 2011, No. M-6, § 6, eff. May 6, 2011; 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1302. Procedure for taking property

  (a) Highways and urban renewal. In taking land and other property for the purposes of laying out roads and highways, the City Council shall proceed in the same manner as is provided by law for municipalities in taking land for highways. In taking land and other property for the purposes of urban renewal, the Council shall proceed in the same manner as is provided by law for municipalities in taking land for urban renewal.

  (b) Other public purposes.

  (1) For all other purposes stated in section 1301 of this subchapter, when the City Council determines that interests in real estate are needed or when a municipality votes to purchase additional lands or interests therein, or when, in the exercise of any of the powers or functions authorized by general law or its charter it becomes necessary for public use and benefit to take, damage, or affect an interest in real estate, and the owner refuses to release or convey the same to the City for a reasonable price, the City Council shall set out the necessary lands or interests therein and cause the same to be surveyed.

  (2) The City Council shall appoint a time and place for hearing and give at least ten days’ notice before such hearing to the persons evidencing a recorded interest therein either personally or by written notice left at the residence or place of business of such person. At such hearing, the Council shall determine the damages sustained by such interested persons.

  (3) The damages agreed upon or assessed shall be paid or tendered to such persons before taking possession of the lands. Upon payment or tender of damages as determined by the Council, the City shall be entitled to take possession of such property.

  (c) Notice to mortgagee and application of payment. When such lands are encumbered by mortgage, the City Council shall cause the same notice to be given to the mortgagee or assignee thereof as is required to be given to the owner, and the damages agreed upon or otherwise determined, as finally ascertained, shall be paid to the property owner and the mortgagee or assignee.

  (d) Removal of improvements. When the City Council decides to take lands, in its order for that purpose, it shall fix a time and notify the owner or occupant thereof. Within such time the owner shall, if so ordered, remove his or her buildings, fences, wood, or trees, which, in the case of enclosed or improved lands, shall not, without the consent of the owner, be less than three months nor until compensation for damages to such lands is tendered or paid. If such obstructions are not removed within such time, the Council shall remove them at the expense of the City.

  (e) Record of orders and proceedings. Orders and proceedings of the Council under the provisions of this section, with the survey of the lands taken, shall be recorded in the land records of the City or in the land records of the town in which such lands are located.

  (f) Disagreement as to damages. When the owner of such land does not accept the damages awarded by the City Council, the Council and the owner may agree to refer the question of damages to one or more disinterested persons whose award shall be made in writing and shall be final.

  (g) Petition; appointment of commissioners. When a person having an interest in such land is dissatisfied with the action of the Council in locating and setting it out or with the damages awarded therefor by them, such person may apply by petition to the Superior Court for the county in which such land lies within 60 days of the recording of the order of the City Council. The petition with a citation shall be served on the City Clerk as a writ of summons requiring entry to be made therein within 21 days from the date of service. The court shall appoint three disinterested commissioners who shall inquire into the amount of damages sustained by the persons interested therein.

  (h) Notice, hearing, report, costs. The commissioners shall give the City Clerk and the petitioners six days’ notice of the time and place of the hearing. When they have completed their inquiries, they shall report to the court. Upon hearing, the court may accept or reject the report, in whole or in part, may make such orders as are necessary for locating and setting out such land and for the removal of obstructions thereon, may render judgment for the petitioners for such damages as they have severally sustained, may tax costs for either party, and may award execution in the premises.

  (i) Title to vest payment of damages. When the damages finally awarded are paid to the person entitled thereto, title to such lands or the right to damage or affect lands shall vest in the City.

  (j) Definitions. As used in this charter:

  (1) “Necessity” means a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Necessity includes a reasonable need for the project in general as well as a reasonable need to take a particular property and to take it to the extent proposed. In determining necessity, consideration shall be given to the:

  (A) adequacy of other property and locations;

  (B) quantity, kind, and extent of cultivated and agricultural land that may be taken or rendered unfit for use, immediately and over the long term, by the proposed taking;

  (C) effect upon home and homestead rights and the convenience of the owner of the land;

  (D) need to accommodate present and future utility installations within the improvement area;

  (E) need to mitigate the environmental impacts of the improvements; and

  (F) effect upon grand lists and revenues.

  (2) Damages resulting from the taking or use of property under the provisions of this charter shall be the value for the most reasonable use of the property or right in the property, and of the business on the property, and the direct and proximate decrease in the value of the remaining property or right in the property and the business on the property. The added value, if any, to the remaining property or right in the property that accrues directly to the owner of the property as a result of the taking or use, as distinguished from the general public benefit, shall be considered in the determination of damages.

  (3) “Interested person” or “person interested in lands” or “property owner” means a person who has a legal interest of record in the property taken or proposed to be taken. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1303. Special assessments; streets, sidewalks, heat production, and distribution improvements

  The City Council, in laying out or establishing new streets, highways, or facilities for the production and distribution of heat, and in making, altering, or repairing sidewalks, and in grading and paving streets and highways, either at the time of laying out or after completion, shall have the power and may upon notice to the owners of adjoining lands assess the owners of such lands so much of the expense of making such new street or sidewalk or street improvements, or heat improvements, including land damage for new streets, as the City Council shall adjudge such lands to be benefited thereby. (Amended 2011, No. M-6, § 6, eff. May 6, 2011; 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1304. Special assessment; heat improvements

  The City Council shall have the power to create an energy district of the City of Montpelier or part thereof and to incur indebtedness for or otherwise finance by any permitted means acceptable facilities for the production and delivery of heat and devices, facilities, and other measures to conserve energy or to promote efficient energy use on properties within the district. Participation by any property owner in these improvements is subject to City Council approval. Persons who participate with an eligible project or projects shall be subject to the requirements of this special assessment. The City Council shall establish the criteria and procedures for participation in this special assessment. (Amended 2011, No. M-6, § 6, eff. May 6, 2011; 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1305. Special assessment—Sewers and drains

  Every person whose particular drain shall empty into any common sewer, either at the time of the construction of the common sewer or thereafter, or who in the opinion of the City Council shall receive benefit thereby for draining the person’s premises, or whose lands shall be benefited by the proximity of such common sewer, or the owners of lands adjoining or abutting streets in which a common sewer is to be laid, may upon notice be assessed by said City Council a just share toward the expense of laying and constructing such common sewer. Such assessment shall be and remain until paid a lien in the nature of a tax upon the land assessed.

• § 1306. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 1307. Record of special assessments

  When the City Council shall make assessments, the City Clerk shall immediately make out a statement of all such assessments, giving the name of the owner and describing the land or other property assessed, and shall cause the same to be properly recorded and indexed in the City Clerk’s office. The City Clerk shall, as soon as such assessments have been recorded, deliver a copy of the same to the City Treasurer for collection. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1308. Notice and time of payment

  The City Treasurer shall forthwith notify each person so assessed by mail. The notice shall state the nature of the assessment, the amount of the same, and the time of payment. Payment due date shall be as noted on the bill. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1309. Record of payment

  Payment, when made, shall be entered on the record of assessment. Recording as provided in section 1307 of this subchapter shall be required before such assessment becomes a lien on the land or other property affected. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1310. Warrant for collection of special assessment

  (a) If the owner of lands or other property assessed by authority of this subchapter shall neglect to pay the City Treasurer the billed amount of such assessment within 30 days after the due date as noticed on the assessment, the City Treasurer shall issue a warrant for collection of the same and deliver the warrant to the Tax Collector for collection.

  (b) In case of an appeal, if the court upholds the assessment and it has been recorded in the office of the City Clerk, payment shall be due within 30 days after the final court decision, and the City Treasurer shall issue a warrant for collection of the same and deliver the warrant to the Tax Collector for collection. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1311. Tax Collector authority to sell property

  The Tax Collector shall have authority to sell at public auction so much of said land or other property as will satisfy such assessment and all legal fees, and will proceed in the same manner in the collection of such assessment as collectors of town taxes are authorized and required by law to proceed in selling real estate at public auction for the collection of town taxes. All other remedies given towns by law for collection of town taxes are given the City of Montpelier for collection of all legal assessments made under the provisions of this subchapter. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1312. Lien not vacated

  While the final resolution is pending on an appeal from an assessment made under the provisions of this subchapter, the City shall not vacate the lien created by such assessment, but shall suspend the same until final determination of the proceedings. The liens for all City assessments shall not be vacated or dissolved. (Amended 2011, No. M-6, eff. May 6, 2011; 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1313. Minimum description

  Whenever a description of lands or buildings is required in making assessments, or in the recording thereof, reference to the deed of conveyance to the last record owner thereof, giving the date of the same and the volume and page of the land records where the same is recorded, or the street upon which the same is situated and the number, shall be a minimum description. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• §§ 1314-1320. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• Subchapter 014: GENERAL

• § 1401. Oath of allegiance; oath of office

  All elective officials of the City shall, before assuming office, take, subscribe, and file with the City Clerk the following two oaths, as prescribed by the Constitution of the State of Vermont, Chapter II, § 56:

  Oath or Affirmation of Allegiance

  “I ____ do solemnly swear (or affirm) that I will be true and faithful to the State of Vermont, and that I will not, directly or indirectly, do any act or thing injurious to the Constitution or Government thereof. (If an oath) So help me God. (If an affirmation) Under the pains and penalties of perjury.”

  Oath or Affirmation of Office

  “I ____ do solemnly swear (or affirm) that I will faithfully execute the Office of ____ for the City of Montpelier and will therein do equal right and justice to all persons to the best of my judgment and ability, according to law. (If an oath) So help me God. (If an affirmation) Under the pains and penalties of perjury.” (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1402. Savings clause

  The amendment of this charter shall not affect any ordinance, resolution, or bylaw lawfully enacted, ordained, and established under the provisions of this charter prior to the amendment, but the same shall be and remain in full force and effect until repealed, altered, or amended. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1403. Title of charter

  This charter shall be designated as the Charter of the City of Montpelier. A copy of this charter shall be kept in the office of the Montpelier City Clerk, to which copy shall be affixed a certificate under the hand of the Secretary of State and the Seal of the State of Vermont that the laws therein contained are statute laws of the State of Vermont, and such certified copy shall be an authentic record of such laws. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1404. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 1405. Amendment of the charter

  This charter may be altered, amended, or repealed whenever the public good shall require in accordance with the general laws of the State. A copy certified by the Secretary of State of all acts that alter, amend, or repeal this charter shall be kept in the office of the City Clerk. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• §§ 1406-1410. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• § 1411. Separability of provisions

  If any provision of this charter or the application of it to any person, body, or circumstances shall be held invalid, the remainder of this charter or the application of it to persons, bodies, or circumstances other than those as to which it shall have been held invalid, shall not be affected thereby. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

• § 1412. Repealed. 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.

• Subchapter 015: CITY VOTER CHECKLIST

• § 1501. Eligibility of noncitizen voters

  (a) Notwithstanding 17 V.S.A. § 2121(a)(1), any person may register to vote in Montpelier City elections who on election day is a citizen of the United States or a legal resident of the United States, provided that person otherwise meets the qualifications of 17 V.S.A. chapter 43.

  (b) A noncitizen voter shall not be eligible to vote on any State or federal candidate or question by virtue of registration under this section. (Added 2021, No. M-5, § 2, eff. June 24, 2021.)

• § 1502. City voter checklist; City Clerk duties to maintain

  The City Clerk shall maintain a City voter checklist composed of voters eligible to vote in City elections under 17 V.S.A. chapter 43 and this subchapter and shall keep this City voter checklist separate from any other voter checklist. The City Clerk shall develop all necessary forms and procedures for implementation of this subchapter. (Added 2021, No. M-5, § 2, eff. June 24, 2021.)

• § 1503. City election ballot

  In any election involving a federal, State, county, special district, or school district office or question and a City question or City office, the City Clerk shall prepare a ballot that contains only the City questions and candidates, except for justices of the peace. (Added 2021, No. M-5, § 2, eff. June 24, 2021.)

• § 1504. Definitions

  As used in this subchapter:

  (1) “Legal resident of the United States” means any noncitizen who resides in the United States on a permanent or indefinite basis in compliance with federal immigration laws.

  (2) “Noncitizen voter” means any voter who registers and qualifies to vote in City elections under section 1501 of this charter but is not a citizen of the United States. (Added 2021, No. M-5, § 2, eff. June 24, 2021.)