The Vermont Statutes Online

Title 24 Appendix: Municipal Charters

Chapter 9: City of Rutland

• Subchapter 1: INCORPORATION

• § 1.1. Legislative authority

  The City of Rutland is incorporated and granted the following charter.

• § 1.2. Description of boundaries

  The municipal corporation known as the City of Rutland shall include inhabitants within the following boundaries:

  (1) Beginning at the point in the east line of what was formerly School District No. 3 where the south line of the James M. Fisk farm extended easterly intersects said east line, thence westerly on the said south line of the James M. Fisk farm and extension thereof to the east line of Main Street; thence northerly on the east line of Main Street to the north line of said School District No. 3; thence westerly on the said north line of School District No. 3 to the “Quarter Line,” so called, on the top of Pine Hill; thence southerly on said “Quarter Line” to Evergreen Cemetery; thence westerly and southerly on the lines of said cemetery to the southerly end of the extreme westerly boundary in 1892; thence easterly and southerly along what was the boundary of said cemetery in 1892 to the north line of West Street; thence across West Street at an angle of 90 degrees therewith to the southerly line thereof; thence easterly on the south line of West Street to its intersection with the west line of the Ripley Road; thence southerly on the west line of the Ripley Road to its intersection with the center line of Otter Creek; thence westerly in the said center line of said creek to its intersection with a straight line run from the point of intersection of the said extreme westerly boundary of Evergreen Cemetery produced southerly and the north line of West Street to the original northwest corner of Percival W. Clement’s homestead lot on the south side of the highway; thence southerly on said straight line as above described to the said original northwest corner of said Clement’s homestead lot, thence south westerly on the original westerly line of said Clement’s land, and an extension thereof to the west line of the highway known as the “Campbell Road”; thence southerly and easterly on the easterly and northerly line of said highway to its intersection with the easterly line of Quarterline Road projected northerly; thence southerly along the projection of said easterly line of Quarterline Road to the southerly line of Campbell Road, thence southerly and easterly on the westerly and southerly line of said highway and on the westerly line of the highway known as the “River Road”, if necessary, to a point due west of what was formerly the southwest corner of the Mussey farm, so called, thence in a straight line due east, magnetic bearing in 1892, through the said southwest corner of the Mussey farm that was also the northwest corner of the house lot of the Ruel Todd estate to its intersection with what was formerly the east line of the Rutland Graded School District, produced southerly; thence northerly on said production of said east line of the Rutland Graded School District and on said east line itself to the northeast corner thereof; thence westerly on the north line of said Graded School District to the said east line of School District No. 3; thence northerly on the said east line of said District No. 3 to the place of beginning, meaning hereby to describe the boundaries as contained in the original Act of Incorporation, No. 110 Acts of 1892, together with that portion of Rutland Town as was cut out and annexed to the City of Rutland by No. 219 of the Acts of 1923 described as follows: That part of Evergreen Cemetery now situated within the limits of the Town of Rutland known as the Beaman place and being the land conveyed to the Evergreen Cemetery Association by G. H. Beaman and others by deed dated December 8, 1894, and recorded in the land records of the Town of Rutland in Book 1A, Page 174; and by John B. Beaman by deed dated January 25, 1896, and recorded in said records in Book 1A, Page 287 (excepting the strip of land conveyed by said Evergreen Cemetery Association to Patrick C. Hulihan by deed dated April 23, 1896, and recorded in said records in Book 1A, Page 288) excepting thereout that portion included in such boundaries as was cut out and annexed to the Town of Rutland by 190 of the Acts of 1894.

  (2) Said inhabitants are hereby continued to be incorporated and a body corporate and politic, under the name of the City of Rutland; and by that name may sue and be sued, prosecute and defend in any court, may have a common seal and alter it at pleasure; may take, hold, purchase, and convey such property, real and personal, as the purposes of the corporation may require; may borrow 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 same number of justices of peace as 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 2001, No. M-9, § 2 eff. May 21, 2001.)

• § 1.3. Wards

  (a) The City of Rutland may be divided into wards by ordinance.

  (b) The Board of Aldermen is empowered to make such changes in the number and boundaries of the several wards of the City as they may deem proper, having regard, so far as practicable and convenient, to an equal division of population among them.

• Subchapter 2: CITY MEETINGS AND ELECTIONS

• § 2.1. City election

  (a) On the first Tuesday in March of odd numbered years, the legal voters of the City shall elect, from among their number, a Mayor, a City Treasurer, a City Assessor, and six aldermen at large, each for a term of two years.

  (b) On the first Tuesday in March of even numbered years, the legal voters of the City, shall elect from among their number, five aldermen at large and such ward officers as are provided for hereinafter, each for a term of two years.

  (c) On the first Tuesday in March 1988, the legal voters of the City shall elect from among their number four school commissioners who shall hold office for three years; and on the first Tuesday in March 1989, they shall elect from among their number, three school commissioners who shall hold office for three years; and on the first Tuesday in March 1990, they shall elect from their number four school commissioners who shall hold office for three years; and annually thereafter school commissioners shall be elected at the annual City election by the legal voters of said City as their respective terms expire, to hold office for three years, and until their successors are elected and have qualified.

  (d) All officers of said City of Rutland, who have been duly elected or appointed and have qualified under the provisions of the charter in force before the passing of this charter, and all such officers who shall be hereafter duly elected or appointed and shall qualify under the provisions of this charter, shall continue to hold office until their successors have been duly elected or appointed and have qualified in accordance with the provisions of this charter.

  (e) The election of all City and ward officers to be elected under the provisions of this charter, shall be by ballot, and the person or persons receiving a plurality of all votes cast for any office aforesaid, shall be declared elected thereto.

  (f) In the election of ward officers, if no candidate receives a plurality of the votes cast, the Mayor shall appoint a legal voter of the ward to fill such office until the next election. In the election of all other elected officers, if no candidate receives a plurality of the votes cast, another election shall be called by the Mayor to be held within 60 days, said election shall be conducted under the same proceedings and methods as the inconclusive election.

• § 2.2. Special City meetings

  (a) The Mayor shall call a special meeting of all the legal voters of the City, when petitioned to do so by not less than five percent of the legal voters of the municipality, but only for any legal purpose beyond the jurisdiction of the Board of Aldermen.

  (b) The Mayor shall call a special City meeting for any purpose upon being petitioned to do so by two-thirds of the members of the Board of Aldermen voting and present at a regular meeting, or by two-thirds of the members of the Board of School Commissioners, voting and present at a regular meeting.

  (c) Also, the Mayor may, with the approval of the Board of Aldermen, call a special meeting for any purpose when he or she feels such a meeting is necessary for the public good.

  (d) At such special meetings those persons whose names are on the checklist used for the last City election shall be entitled to vote; and also such persons as were or have become entitled by law to have their names on the checklist and whose names have been added thereto, by the Board of Civil Authority since said City election.

  (e) The questions at any such special meeting shall be decided by ballot. There shall be separate polling places in each ward, for every such special meeting and the ward officers hereinbefore named shall act at such meeting in the same manner and have the same powers as at City or ward elections. For all such meetings it shall be the duty of the City Clerk to prepare and distribute suitable ballots in the same manner provided for city and ward elections. (Amended 1997, No. M-17(Adj. Sess.), § 2.)

• § 2.3. General and primary elections

  General and primary elections shall be conducted in the wards of the City pursuant to the provisions of Vermont Statutes Annotated. Ward officials shall perform all and the same duties in regard to certifying the results of elections in their respective wards as now devolve by law upon the presiding officers of elections and town clerks; in addition thereto they shall certify the same to the City Clerk, who shall keep a record thereof.

• § 2.4. Method of conducting elections

  All annual and special City elections, and all special meetings, shall be held in the several wards at times designated by the Board of Aldermen as directed by State statutes.

• § 2.5. Warnings

  (a) All warnings for all meetings for the elections of City or ward officers, and for special meetings of all the legal voters of said City, for any purpose, shall be issued by the Mayor and published in the manner and for the length of time designated by law.

  (b) Warnings for all City elections or special meetings of a municipality shall, by separate articles, specifically indicate the business to be transacted. The warning shall also contain any article or articles requested by a petition signed by at least five percent of the legal voters of the municipality and filed with the legislative branch not less than 40 days before the day of such meeting. The warnings shall also contain any question requested by a signed petition of at least two-thirds of the members of the Board of Aldermen or Board of School Commissioners, present and voting at a regular meeting. Questions shall be stated as written in said petition.

• § 2.6. Checklists

  Checklists of voters for the City and for each of the City’s wards shall be compiled and maintained pursuant to Title 17 Vermont Statutes Annotated. (Amended 1997, No. M-17 (Adj. Sess.), § 3.)

• § 2.7. Qualifications of voters—penalties

  (a) Voting qualifications for the right to vote in any City election or meeting shall be the same as those required by State statutes for municipal meetings.

  (b) The penalties for illegal voting at any City election shall be the same as those prescribed for illegal voting by State statutes.

• § 2.8. Ward officers

  (a) The ward officers shall be a Clerk and a First, Second, and Third Inspector of Elections, and any other officers required by law of the State for each polling place at an election. One of said Inspectors shall be a member of the minority party casting the largest vote at the general election next preceding. Said officers shall be subject to rules and regulations of the Board of Civil Authority, not in conflict with State statutes.

  (b) The ward officers shall be sworn to the faithful discharge of their respective duties and shall hold their offices until their successors are chosen and have qualified. They shall be paid such compensation as shall be voted by the Board of Civil Authority.

  (c) In case there is no representative of the minority party herein provided for on the Board of Inspectors of Elections of any ward, the Mayor shall, before any election is held in such ward, declare a vacancy in the Third Inspector’s place in such ward, and shall thereupon fill such vacancy by appointing a legal voter residing in such ward and belonging to such minority party.

  (d) In case of a vacancy in any ward office occasioned by death, removal from the ward or City, resignation, inability to serve, failure to elect, or other cause, the same shall be filled by the Mayor.

• § 2.9. Duties of ward officers

  (a) It shall be the duty of the clerk of each ward to preside at the polling place of the ward, to keep a record of all elections held therein, and immediately after any election in such ward, to return to the City Clerk a statement of the votes cast in such ward signed by two ward officials, which statement shall be recorded in the City record.

  (b) It shall be the duty of the inspectors of elections to be present, and preserve order at all elections in their respective wards, to decide all questions relative to the right of any person to vote at the election, and with the ballot clerks, to sort and count the ballots, and to inform the City Clerk immediately after such count is completed of the results of the election.

  (c) For all City or ward elections, and all City meetings, the City Clerk shall prepare all official ballots in the same manner and subject to all the provisions of the laws of this State providing for and regulating the preparation and distribution of official ballots in towns and cities.

• § 2.10. Qualifications of candidates for municipal and/or ward office

  Any registered voter from the City of Rutland qualified to vote for a candidate for municipal or ward office may be nominated as a candidate for any municipal or ward office except as hereinafter limited or as limited by the laws of the State of Vermont. The name of such candidate shall be printed on the official ballot to be used at the City election, if nomination papers issued by the City Clerk, signed in person by at least 35 registered voters of the City for an office to be filled by the voters of the entire City, or at least five of the registered voters of any ward for an office to be filled by the voters of such ward, are filed with the City Clerk no later than 5:00 p.m. on the sixth Monday preceding the day of the election, which shall be the filing deadline. Each voter signing such nomination papers shall indicate that he or she is a voter in the City and in the ward for which the nomination is made, and that he or she has not subscribed to more nominations of candidates for this office as there are persons to be elected thereto. Such nomination papers shall be in substantially the following form:

  STATE OF VERMONT

  CITY OF RUTLAND

  NOMINATION PAPER

  The undersigned, registered voters of the City of Rutland qualified to vote for a candidate for the office named below, in accordance with law, make the following nomination of a candidate to be voted for at the election to be held in the City of Rutland on ________ , 20__ . We are voters in the political division for which the nomination is made, and we have not subscribed to more nominations of candidates for this Office than there are persons to be elected thereto.

  Name of Office for Residence

  Candidate Which Nominated (Street and Number)

  Signatures and Residences of Nominators

  Signature of Nominator Residence

  to be Made in Person (Street and Number, if any)

  Acceptance of Nomination

  I accept the above nomination. (Signature of Nominee)

• Subchapter 3: POWERS OF MUNICIPALITY

• § 3.1. Powers of the City of Rutland

  The powers of the City of Rutland under this charter shall be construed liberally in favor of the City and, except as expressly limited herein specific mention of particular powers in this charter shall not be construed as limiting in any way the general powers as stated herein. The City of Rutland may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the State of Vermont or any subdivision or agency thereof, or provided it is so authorized under the general laws of the State of Vermont or by a special act, with the United States of America or any subdivision or agency thereof. The City of Rutland has the power to receive by gift, grant, devise, bequest, purchase, or condemnation any real or personal property, and to hold in fee, hold in trust, lease, or convey any such real or personal property within or without the limits of the City of Rutland as the purpose of the corporation may require; to borrow on the credit of the City in the mode and subject to the restrictions hereinafter provided; to contract, to sue, prosecute, and defend; to have, make use, and alter at pleasure a City seal; to have and to exercise all other rights, powers, privileges, and immunities conferred upon towns of the State of Vermont by law or necessary to carry out its corporate functions and duties. In the exercise of any of the powers granted to the City of Rutland by this charter, the City may enact ordinances, rules, and regulations and prescribe penalties for the violation of any such ordinances, rules, and regulations; provided, however, that no such penalties shall exceed imprisonment for one year or a fine of $500.00, or both. Without in any way limiting the powers hereinafter granted, the City of Rutland shall have the power:

  (1) to enact and enforce rules for its government;

  (2) to enter into any agreement on behalf of the City with the United States of America, or any department, subdivision, or agency thereof, to accept grants, loans, and assistance from the United States of America or any department, subdivision, or agency thereof to make public improvements within the City or upon property of the City outside its corporate limits and to make appropriations consistent with the provisions of this charter to accomplish such purpose; provided, however, no such agreement shall be entered into unless authorized under the general laws of the State of Vermont or by a special act;

  (3) to accept and administer gifts, grants, and bequests in trust or otherwise for public purposes;

  (4) to regulate the time and manner in which examinations of public documents, land records, and other records shall be made;

  (5) to acquire voting machines, so-called, and prescribe the use thereof in any or all elections held within said City;

  (6) to establish and create a fund or funds available as a pension to such employees of the City of Rutland as the City Council may hereafter from time to time designate; to create and authorize such boards or officers as may be necessary to administer, control, and make expenditures from such fund or funds; to appropriate funds from which such pension and the expenses incidental to the administration thereof may be paid; to designate by ordinance a retirement age for City employees beyond which age such employees may be removed from office and permanently retired; to establish the conditions and regulations under which such City employees may or shall be removed from office and retired; to designate and establish the sums that may be paid to such City employees as pensions and conditions of payment thereof; and to make, amend, or repeal such ordinances as may be convenient or necessary to create, manage, and operate a retirement plan and pension fund for City employees;

  (7) to establish a reserve or fund to compensate the City for any and all losses and damages to City property by reason of fire or other casualty and to pay to City employees or those entitled any and all compensation that may become their due under the workman’s compensation laws of the State of Vermont;

  (8) to establish and regulate a Police Commission and Police Department;

  (9) to prevent and prohibit riots, disturbances, and disorderly assemblages;

  (10) to prohibit vagrancy;

  (11) to regulate and control the use of streets and public places for pedestrian and vehicular traffic and the parking of vehicles of every kind and description;

  (12) to remove and impound at the expense of the owner any vehicle found parked in a public place in violation of any City ordinance and prescribe the terms and conditions upon which the owner may redeem such vehicle;

  (13) to install and operate coin operated parking meters for the regulation and control of parking of vehicles;

  (14) to establish and regulate a Fire Department;

  (15) to regulate and prohibit conditions and activities from which damage by fire or explosion may be apprehended;

  (16) to establish and regulate a Department of Public Works;

  (17) to provide a supply of water for the protection of the City against fire and for the use of the inhabitants of said City, and for other purposes; to establish, increase, maintain, and repair reservoirs, aqueducts, water pipes, pipelines, and other necessary apparatus for and in connection with its water supply; and from time to time to increase and add to its water supply; to preserve, protect, maintain, and operate the same; and in the exercise of such powers the said City of Rutland may purchase, and take, within or without its corporate limits, lands, springs, streams, and water rights of individuals and corporations, and divert water from natural channels into its water supply, on making compensation therefore. But the City shall not take, otherwise than by gift or purchase, waters or a spring of water, which the owner or lessee or other persons having a vested right or interest therein, or in the use thereof, may reasonably require for domestic use or watering stock; no money other than funds received on account of the water works will be appropriated without a vote to that effect by the legal voters of the City;

  (18) to establish, maintain, alter, and enlarge such sanitary sewers, storm drains, combined sewers, sewage disposal systems, and sewage disposal plants both within and without the City as the public health, safety, or convenience may require and to take private lands and rights, both within and without the City necessary to accomplish such purposes on making compensation for the same;

  (19) to establish a municipal system for the collection, removal, and disposal of garbage and other waste material and to make proper charges for such service;

  (20) to accept, establish, maintain, alter, and enlarge such highways as the public safety or convenience may require and to take private land and rights necessary to accomplish such purpose on making compensation for the same;

  (21) to construct, alter, and repair sidewalks and curbing and to assess abutting property owners for one-half of the cost of such improvements;

  (22) to require all persons to remove from the sidewalks and gutters in front of the premises owned or occupied by them all snow, ice, dirt, and rubbish, and to keep such sidewalks and gutters clean; and to require the owners or occupants of any land or premises in the City to cut and remove from the same and from the street or sidewalk in front of such land or premises all grass, brush, and weeds growing or being thereon under such regulations as shall be prescribed therefore;

  (23) to fix, impose, and enforce such terms, conditions, and regulations for the use and occupancy of any highway or other public lands in the City for the transmission of material, energy, or information by any public service or utility corporation or by any persons enjoying the privileges or exercising the functions of said corporations;

  (24) to construct and maintain an electric generating and distribution system;

  (25) to provide for the lighting of streets and public places;

  (26) to regulate the size, height, material, and manner of erection and construction of new buildings, and the repairing, alteration, or removal of buildings already constructed in said City, or in certain prescribed localities therein; and to regulate the use of streets for such purposes;

  (27) to establish and regulate a Department of Buildings and to prescribe the powers and duties of the Building Inspector;

  (28) to regulate by ordinance minimum health and safety standards relative to housing;

  (29) to adopt and enforce codes and regulations relative to the installation and maintenance of electric wiring, plumbing, heating, and fire protection and to license and regulate artisans engaged in the installation and maintenance of such facilities;

  (30) to establish and regulate a Planning Department;

  (31) to establish and operate a Recreation Department and to acquire and provide land and structures for recreational purposes;

  (32) to provide for and regulate the care, preservation, improvement, and use of public property;

  (33) to establish and operate a Welfare Department;

  (34) to retain a City Physician;

  (35) to appoint a Milk Inspector and to regulate the production of milk, cream, or milk products for distribution within the City and the sale and distribution of such products within the City and to license persons engaged in these activities;

  (36) to establish and operate a Department of Civil Defense and to make ordinances and regulations for the protection of the City in the event of a public emergency;

  (37) to establish an Airport Department and to operate a municipal airport within or without the City;

  (38) to appropriate a sum for the support and maintenance of the Rutland Free Library Association, Inc., provided that the inhabitants of the City shall at all reasonable and proper times have the free use of said library;

  (39) to establish and regulate a market and to prohibit or regulate the selling of provisions and merchandise of any kind on public lands;

  (40) to regulate, license, tax, or prohibit vendors, peddlers, solicitors, beggars, and transient auctioneers, except when licensed by State or federal authorities;

  (41) to license and regulate the processing and sale of meat;

  (42) to regulate, license, tax, or prohibit entertainments of every kind exhibited for money, including circuses, fairs, plays, motion pictures, exhibitions, and mechanical and amusement devices including coin machines;

  (43) to regulate the location and manner of operation of all slaughter houses, filling stations, fuel storage depots, public garages, manufacturing establishments, junk yards, vehicle repair shops, welding shops, and other commercial activities or establishments that cause smoke, fumes, soot, dust, or noxious substances to be cast upon the public ways;

  (44) to license and regulate hotels, motels, and other lodging places, restaurants, and other victualing establishments and to tax the same for revenue purposes;

  (45) to license and regulate public dance halls, bowling alleys, skating rinks, and other places of amusement and to tax the same for revenue purposes;

  (46) to license and regulate truckmen, taxicabs, busses, and the owners or drivers of automobiles and motor trucks furnishing transportation for hire and to regulate their fees and prescribe their duties;

  (47) to permit, regulate, license, tax, or prohibit the suspending, erection, or maintenance of any sign, awning, marquee, or display in or over any street or public place or visible therefrom and whenever the public good may require to order that any such sign, awning, marquee, or display be removed;

  (48) to fix, impose, and establish terms, conditions, and regulations under which persons may use or occupy public land for private purposes;

  (49) to regulate the manner of subdivision and development of real estate;

  (50) to abate, enjoin, and remove nuisances;

  (51) to regulate or prohibit gaming of all descriptions and to order and affect the destruction of all instruments and devices used for that purpose;

  (52) to prohibit and punish for prostitution;

  (53) to compel the owner or occupant of any unwholesome, noisome, or offensive house or place to remedy such condition so far as may be necessary for the health, safety, or comfort of the inhabitants of the City;

  (54) to require the removal from private property of trees that due to their damaged or diseased condition represent a hazard to persons or property;

  (55) to prohibit and punish for cruelty and inhumane treatment to animals;

  (56) to prohibit the obstruction or the encumbering of streets, sidewalks, or other public places;

  (57) to prohibit or regulate the keeping or running at large of animals within the City;

  (58) to license and tax the owning or keeping of any animals in addition to any license fee or tax imposed by the State of Vermont;

  (59) to prohibit and punish for trespasses or willful damage to public or private property;

  (60) to prohibit or regulate the use of firearms or potentially dangerous weapons and to regulate the sale and transportation of the same within the City;

  (61) to prohibit or regulate the preparation and use of rockets, missiles, and fireworks of all kinds within the City;

  (62) to adopt a zoning ordinance to permit, prohibit, restrict, regulate, and determine land use or development, including the following:

  (A) specific use of land, water courses, and other bodies of water;

  (B) dimensions, location, erection, construction, repair, maintenance, alteration, razing, removal, and use of structures;

  (C) areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards, and other open spaces and distances to be left unoccupied by uses and structures;

  (D) density of population and intensity of use;

  (63) to establish and regulate a Department of Community Development;

  (64) to establish, maintain, and fund a Redevelopment Authority;

  (65) to establish and regulate campaign contributions and expenditures for local elections held within the City; provided that the provisions of Title 24 relating to the procedures for adopting ordinances and permissive referendums shall apply to ordinances adopted, amended, or repealed under this subdivision. (Amended 1997, No. M-17 (Adj. Sess.), § 4.)

• Subchapter 4: BOARD OF ALDERMEN

• § 4.1. Administrative powers

  The administration of all fiscal, prudential, and municipal affairs of the City and the government thereof shall be vested in the Board of Aldermen, except as otherwise provided by this charter or by law, and except where the powers are specifically delegated to the Mayor or other boards or officers herein created.

• § 4.2. Organization and meetings

  (a) The Board of Aldermen elected as hereinbefore provided, shall elect one of their number President of such Board. In the event a vacancy is created on the Board of Aldermen, it shall be filled by appointment by the Mayor and confirmation by the Board of Aldermen in the same manner as other officers are appointed.

  (b) Regular meetings of the Board of aldermen shall be held on the first and third Mondays of each month. A majority of all the Aldermen shall constitute a quorum for the transaction of business. A smaller number may adjourn to another date. The Board may compel the attendance of absent members in such manner as may be prescribed by ordinance.

• § 4.3. Special meetings

  (a) A special meeting of the Board of Aldermen may be called at any time by the Mayor. Further, a special meeting shall be called by the Mayor on petition by a majority of the Board of Aldermen.

  (b) At least 24 hours’ notice shall be given of each special meeting of the Board of Aldermen, except in cases of public emergency declared by the Mayor.

  (c) Notice of special meetings shall be served on the aldermen by some person appointed for such purpose by:

  (1) delivering to each aldermen, a true and attested copy of such call;

  (2) by leaving such copy at the place of his or her usual abode; or

  (3) by personal notice from the Mayor in case of declared public emergency.

  (d) The Board shall first consider at the special meeting, the matter or purpose set forth in the notice for such meeting, and then any other business that may properly come before the Board of Aldermen.

• § 4.4. Executive sessions

  All meetings of the Board of Aldermen shall be public except when assembled for executive business as authorized by 1 V.S.A. §§ 313-314 as amended. An executive session may be held at any regular, special, or committee meeting of the Board of Aldermen, but such sessions shall not exclude any member of the Board of Aldermen.

• § 4.5. Acts of the Board of Aldermen

  The Board of Aldermen shall exercise its authority in the following manner; by the enactment of ordinances and bylaws, or by resolution or vote of the Board of Aldermen, subject to the approval of the Mayor set forth in section 4.6 of this charter.

• § 4.6. Veto powers

  (a) If the Mayor approves any vote of the Board of Aldermen the Mayor shall sign the same. If the Mayor does not approve the vote, he or she shall within 10 days veto and return the vote for a revote with his or her objections in writing to the Clerk of the Board of Aldermen. If seven aldermen vote in favor of the same, it shall be valid and take effect notwithstanding the objections of the Mayor.

  (b) If it is not returned for a revote within 10 days by the Mayor to the Clerk of the Board of Aldermen, then the same shall be valid and take effect without the Mayor’s approval.

• § 4.7. Board of Civil Authority

  (a) The Mayor and the Board of Aldermen shall constitute the Board of Civil Authority for the City except as herein provided. The Mayor shall preside and vote at all meetings of the Board of Civil Authority except as otherwise provided herein.

  (b) The Board shall be empowered to act in all proceedings for the taking of land or other property for public purposes, in actions for the removal or suspension of City employees provided herein, and when authorized by law. Notwithstanding the above, the composition of the Board of Civil Authority, when considering tax appeals pursuant to State law and apportionment matters pursuant to Title 17 of the Vermont Statutes Annotated shall conform to 24 V.S.A. § 801.

  (c) The Board of Civil Authority shall adopt its own procedures regarding the taking of evidence, deliberations, conclusions, and other business of the Board. An outline of such procedures shall be filed in the City Clerk’s office.

• Subchapter 5: ORDINANCES

• § 5.1. Enactment of ordinances

  The Board of Aldermen may make, alter, amend, or repeal any resolutions, bylaws, regulations, and ordinances that it may deem necessary and proper for carrying into effect any of the powers conferred upon said City by this charter or for the well being of said City, and that shall not be inconsistent with this charter or with the Constitution or laws of the United States or of this State; and to provide penalties for the breach thereof. Any new ordinance adopted, or alteration, amendment, or repeal of an existing ordinance, shall be published in one or more newspapers in the City, to be prescribed by the Board of Aldermen at least 20 days before they shall take effect.

• § 5.2. Revision of ordinances

  The Board of Aldermen of the City of Rutland is authorized to revise the existing ordinances of said City and shall have authority to strike out and repeal obsolete and repetitive enactments, to amend, repeal, compile, delete, renumber, or rearrange any existing ordinance or part thereof as it may deem proper and expedient so as to condense the whole into concise and comprehensive form. Such revision shall not affect an act done, a right accruing, accrued, acquired, or established, a penalty incurred, a suit, prosecution, or proceeding pending, or the tenure of a person holding office at the time when it takes effect. The separate ordinances that may be contained in such revision need not be published in full in one or more newspapers in said City as prescribed in section 5.1 of this charter, but in lieu thereof at least 200 copies of each revised ordinance shall be made available to the public at cost in the office of the City Clerk of said City and a statement setting forth: (1) the substance of the proposed amendments, prepared by the City Attorney and approved by the Board of Aldermen, and (2) a notice that 200 copies of the ordinance or ordinances as revised are available to the public at cost at the office of the City Clerk, shall be published in one or more newspapers in said City at least 20 days before such proposed amendments shall take effect.

• § 5.3. Violation of ordinances

  (a) The Board of Aldermen may provide penalties for the violation of any ordinance, regulation, or bylaw. In no case shall the penalty exceed imprisonment for one year or a fine of $500.00, or both, per violation.

  (b) In any prosecution for a nuisance arising under this charter or under any ordinance that results in a conviction, the court may order the nuisance complained of to be removed or abated. The expense of removing or abating the nuisance shall be imposed on the offender.

  (c) A person violating any ordinance, regulation, or bylaw of the City shall be liable in damages to the City or to the person who shall sustain damage as the direct result of said violation. Damages may be recovered in an action declaring upon such ordinance, regulation, or bylaw.

• Subchapter 6: CITY PROPERTY; ACQUISITION AND SALE

• § 6.1. Sequestration

  (a) In taking lands, springs, streams, and water rights and diverting waters from natural channels into its water supply, for the purpose of establishing, maintaining, and repairing reservoirs, aqueducts, water pipes, pipe lines, and other necessary apparatus for and in connection with its water supply and for the purposes of increasing and making additions to its water supply, and for the preservation, protection, maintenance, and operation of the same, the Board of Civil Authority shall proceed in the same manner in which selectboards of towns are authorized to proceed in the taking of lands for highways. Any person owning or interested in such lands, springs, streams, and water rights and waters, who is dissatisfied with the decision of the Board of Civil Authority taking the same or in awarding him or her damages therefore, may have the same right of appeal to the county court and the same proceedings in respect thereto that shall be conducted in the same manner and have the same effect as in the case of lands taken by the selectboard in any towns in this State for the purpose of laying out, altering, or resurveying a highway in said town; but if such proceedings are instituted only in respect to the appraisal of damages for lands, springs, streams, water rights, and water, so taken by the Board of Civil Authority, such proceedings shall not prevent said City from establishing, increasing, maintaining and repairing reservoirs, aqueducts, water pipes, pipe lines, hydrants, and other apparatus necessary for such purposes on the lands so taken, and from taking springs, streams, water rights, and water, as if no such proceedings had been instituted.

  (b) In giving notice to all persons owning or interested in any lands, streams, springs, water rights, or water, to be taken for such purposes, set forth above, the Board of Civil Authority shall issue its citation, signed by the Mayor or its Clerk; which shall be served in the same manner and the several officers shall perform the same duties in respect thereto, as provided in this charter for citations issued by the Board of Highway Commissioners.

• § 6.2. Sale or lease

  Only the Board of Aldermen may authorize the sale or lease of real or personal property belonging to the City, except as otherwise authorized by charter or ordinance. All conveyances, grants, or leases of real estate shall be signed by the Mayor and be sealed with the City Seal.

• Subchapter 7: PUBLIC FRANCHISES

• § 7.1. Terms of grant

  The Board of Aldermen may exercise the power set forth in subsection 23 of chapter 3 of this charter by the grant of public franchise. All such grants shall be granted upon such terms and conditions as are just and reasonable, including any sum or sums of money to be paid therefore. The Board of Aldermen may prohibit exercise of any franchise grant until such time as the terms and conditions of said grant have been complied with. This charter shall not be construed to repeal or take away any of the rights and franchises now being exercised by corporations, or persons now conducting business in the City, or to repeal any rights previously granted by the City of Rutland, the general laws of this State, or any special acts of the State Legislature. However, no special franchise shall be granted by said Board of Aldermen for a longer period than 35 years, and no special franchise shall take effect until it has been submitted to the legal voters of the City at a regular or special City election and has received a majority of the votes cast upon the questions.

• Subchapter 8: TAXATION

• § 8.1. Grand list

  In the City of Rutland, the grand list shall be made up in the manner prescribed by the general laws of the State of Vermont.

• §§ 8.2-8.4. [Repealed.]

• § 8.5. Assessment of taxes

  The Board of Aldermen shall annually, during the first twenty (20) days of July, assess upon the grand list of the City taxes sufficient to meet the following requirement:

  (1) Taxes required by the general laws of the State of Vermont.

  (2) Taxes required for general City purposes, which shall not exceed $.85 upon the dollar of the grand list except if a larger sum has been authorized by the legal voters of the City in a meeting warned for that purpose; but the tax for general City purposes shall not include the tax annually assessed on the grand list for the support of the schools in the City.

  (3) Taxes required to service any bonded debt owed by the City.

  (4) [Repealed.]

  (5) Taxes required for the replacement for fire equipment, which shall not exceed $.0175 on the dollar of the grand list, except if a larger sum has been authorized by the legal voters of the City in a meeting warned for that purpose.

  (6) Taxes required for the municipal employees pension fund, which shall not exceed $.06 on the dollar of the grand list, except if a larger sum has been authorized by the legal voters of the City in a meeting warned for that purpose.

  (7) Taxes required for the replacement of public works, police, and recreation equipment, which shall not exceed $.012 on the dollar of the grand list, except if a larger sum has been authorized by the legal voters of the City in a meeting warned for that purpose.

  (8) Taxes required for a capital fund for the repair of school buildings, repair and replacement of school equipment, which shall not exceed $.03 on the dollar of the grand list, except if a larger sum has been authorized by the legal voters of the City in a meeting warned for that purpose.

  (9) Taxes required for educational or school purposes, provided there is compliance with the limitations set forth in section 34.2 of this charter. (Amended 1997, No. M-17 (Adj. Sess.), § 5: 2003, No. M-16 (Adj. Sess.), § 2; 2017, No. M-15 (Adj. Sess.), § 2, eff. Mar. 1, 2018.)

• § 8.6. Collection of taxes

  (a) Except as otherwise herein provided, whenever any tax shall be assessed on the property list by the Board of Aldermen, the Board shall cause to be delivered to the City Treasurer on or before August 16 following the assessment of such tax a tax bill for the same. Such tax bill shall be paid to the City Treasurer as follows: one quarter of such tax shall be paid within 15 days from the time when the tax bill for the same is delivered to him or her; one quarter of such tax shall be paid within three months from the date when said tax bill is delivered to him or her; one quarter of such tax shall be paid within six months from the date when said tax bill is delivered to him or her; and one quarter of such tax shall be paid within nine months from the date when said tax bill is delivered to said Treasurer. All taxes assessed upon the grand list of the City shall be paid in money.

  (b) When the tax bill is delivered to the City Treasurer, he or she shall forthwith give notice of the place where and the times when and in what proportions such tax is payable to him or her, and the time when all unpaid taxes on such tax bill will be placed in the hands of the City Constable for collection. Notice shall be given by publication in all of the daily newspapers in the City, for a period of eight days immediately succeeding the time when the tax bill shall have been delivered to him or her.

  (c) If at the expiration of the time within which any installment of such tax is to be paid to the City Treasurer, any person against whom such tax has been so assessed shall be delinquent in the payment of such installment thereof, the amount due from him or her on such installment shall thereafter be deemed to be the amount of such installment increased by five percent thereof, and may be paid to the City Treasurer thereafter at any time before the expiration of the last period in which the City Treasurer is authorized to receive any installment of such tax. If at the expiration of nine months from said tax bill shall have been delivered to the Treasurer, any person against whom a tax has been so assessed shall then be delinquent in the payment of any installment or portion thereof, the amount due from him or her on such installment or portion on which he or she is delinquent shall thereafter be deemed to be the amount of such installment or delinquent portion of such original tax increased by five percent and 10 cents for the insertion of his or her name in the warrant hereinafter mentioned. At the expiration of 90 days after the expiration of the aforesaid period of nine months, there shall be a further penalty of three percent of the amount of the original tax then unpaid added to the amount of the original tax assessed against such delinquent taxpayer and the penalty shall be increased at the rate of three percent of such portion of the original tax as then remains unpaid for each additional 90 day period during which the same remains unpaid. All sums collected as penalties shall be paid to the City Treasurer. All tax payments made by a person whose taxes are delinquent shall be applied on the oldest delinquent tax and not otherwise.

  (d) Except as otherwise provided, after the expiration of nine months from the time of delivery of a tax bill to the City Treasurer he or she shall thereupon issue his or her warrant against such delinquent persons for the collection from them of the amount so due and determined, including the increases as hereinbefore provided, which warrant shall be returnable to the City Treasurer and shall be addressed and delivered to the City Treasurer as Constable of the City.

• § 8.7. Delinquent taxes

  (a) It shall be the duty of the City Treasurer as Constable to collect all legal taxes contained in such tax bill, subject to such abatement as may be made by the Board for the Abatement of Taxes. He or she shall pay the amount shown in such tax bill to the City Treasurer by the end of every month, or when request is made in writing by the City Treasurer or the Board of Aldermen.

  (b) The City Treasurer as Constable shall proceed in the same manner, perform the same duties, be subject to the same liabilities, and have the same power, authority, and privileges regarding the collection of taxes as prescribed by the general laws of this State for constables or collectors in towns.

  (c) The City Treasurer as Constable shall be entitled to the same fees for the collection of taxes and for the service of warrants as allowed by State law for collectors in the towns. Such fees shall be paid to the General Fund of the City.

• § 8.8. Board for Abatement of Taxes

  The Mayor, Board of Aldermen, City Treasurer, and Assessor shall constitute the Board for the Abatement of Taxes. Meetings of such Board shall be called by the City Clerk by giving written notice to each member and all affected parties of record, and by posting a notice in two or more public places in the City at least five days previous to the meeting. The Mayor shall preside and vote at all meetings of the Board for Abatement of Taxes. All meetings of the Board shall be public except when assembled for executive business in conformity with 1 V.S.A. §§ 311-314 inclusive as amended.

• § 8.9. Local option tax

  (a) A local option sales tax is authorized under this section for the purpose of affording the City an alternative method of raising municipal revenues with the goal of lessening the impact of certain expenses on the property tax or water and sewer fees, or both.

  (b) The Board of Aldermen may authorize the assessment of a sales tax of one percent.

  (c) Any tax imposed under the authority of this section shall be collected and administered by the Vermont Department of Taxes pursuant to 24 V.S.A. § 138.

  (d) Revenues received through a tax imposed under this section shall be used for any of the following:

  (1) deposit in any capital improvement reserve fund established in accordance with 24 V.S.A. § 2804;

  (2) reducing the deficit in any underfunded pension; or

  (3) financing the construction, reconstruction, or repair of City buildings, streets, sidewalks, or other infrastructure. (Added 2023, No. M-13, § 2, eff. June 8, 2023.)

• Subchapter 9: MAYOR

• § 9.1. As Executive Officer

  The Mayor shall be the Chief Executive Officer of the City. He or she shall use his or her best efforts to see that the laws and City ordinances are enforced and that the duties of all subordinate officers are faithfully performed. He or she shall take care that the funds of the City are properly expended. He or she shall recommend measures and proposals for consideration of the Board of Aldermen, to ensure progressive, prudent, and efficient management of the affairs of the City.

• § 9.2. Additional powers

  The Mayor, when permitted by State law, with the consent of the Board of Aldermen, shall have power to suspend fines and costs, in whole or in part, in cases where the same are payable into the City Treasury, and shall cause the reason for such suspension to be entered on the City records. The Mayor shall have the power to administer oaths.

• § 9.3. Succession

  In case of the absence of the Mayor from the City or his or her inability to serve, the President of the Board of Aldermen shall act as Mayor. It shall be the duty of the Mayor to give the City Clerk due notice of the absence of the Mayor from the City and of his or her return, and said City Clerk shall duly notify the President of the Board of Aldermen. In case of the absence from the City or inability to serve of the President of the Board of Aldermen, the Board of Aldermen shall designate one of their number to act as Mayor.

• § 9.4. Vacancy

  In case of a vacancy in the Office of Mayor occasioned by death, resignation, removal from said City, permanent inability to serve, failure to elect, or disqualification of the person chosen, the President of the Board of Aldermen shall act as Mayor until the next annual meeting, and in case any of the causes above mentioned prevent the President of the Board of Aldermen from serving as Mayor when it becomes necessary for him or her to do so, the Board of Aldermen shall designate one of their number to act as Mayor until the next annual meeting and at such next annual meeting the legal voters of the City shall elect a Mayor from among their number to fill such vacancy.

• Subchapter 10: CITY TREASURER

• § 10.1. As disbursing officer

  (a) The City Treasurer shall be the disbursing officer of the City. All bills legally contracted by any officer or Board of said City and approved by a majority of the Board of Finance, shall be paid by warrant directed to said Treasurer and drawn to the person to whom the City is indebted, except as herein otherwise provided. Such warrant shall show upon its face the indebtedness for which it is drawn and shall refer to the appropriation by the authority of which such indebtedness was incurred.

  (b) All vouchers for such warrants shall be kept on file in the office of the City Clerk. No money shall be paid out of the City Treasury except upon warrant signed by the Mayor for bills approved by the Board of Finance, such approval to be authenticated by the City Clerk, except that when any bills against the City have been approved by the Board of Finance, and the Mayor neglects or refuses for 10 days to sign the warrant, the same may be signed by a majority of the Board of Finance. But this provision shall not apply to expenditures of the school commissioners and orders drawn by courts in exercise of their criminal jurisdiction.

  (c) A full record of expenditure shall be kept by the Treasurer, which shall show at all times the amount of every warrant paid under the authority of each appropriation of the Board of Aldermen.

• § 10.2. Bonds and notes

  The City Treasurer shall keep a record of every note or bond issued under the provisions of this charter, therein stating the number and the denomination of each note or bond, when and where payable, to whom and for what purpose issued, and the rate of interest thereon; and shall also keep a record of payments thereon of principal and interest; and if coupons are taken up, shall cancel and preserve the same.

• § 10.3. Statutory powers

  The City Treasurer shall have the same powers and be subject to the same liabilities, as are prescribed by the laws of this State for town treasurers; shall perform all duties relating to bonds to retire outstanding indebtedness, and such other duties as are specified herein or by ordinance. (Amended 1997, No. M-17 (Adj. Sess.), § 6.)

• § 10.4. School monies and bonds

  The City Treasurer shall keep a separate account of all the monies appropriated for the use of schools which monies shall consist of the income accruing in every legal way and the City Treasurer shall pay out of any monies mentioned in this section, all warrants drawn by the Board of School Commissioners for the use of schools. (Amended 1997, No. M-17 (Adj. Sess.), § 7.)

• § 10.5. Assistant City Treasurer

  The City Treasurer may appoint an Assistant City Treasurer who shall hold office at the pleasure of the City Treasurer, and whose compensation shall be fixed by the Board of Aldermen. The Assistant City Treasurer shall render such service to the City Treasurer as he or she may require and in the absence or inability of the City Treasurer to perform his or her duties, the Assistant City Treasurer shall have the same powers, be subject to the same liabilities, and perform all of the duties of the City Treasurer.

• § 10.6. Constable/tax collector

  The City Treasurer shall also act as Constable and Tax Collector for the City of Rutland with all the duties and powers conferred upon a constable or tax collector as provided by Vermont State law, but the fees allowed to the Tax Collector or Constable shall be paid into the General Fund of the City of Rutland.

• Subchapter 11: FINANCIAL OPERATIONS

• § 11.1. Fiscal year

  The fiscal year of all departments of the City government shall commence upon the first day of July and end on the 30th day of June in each year.

• § 11.2. Budget estimate

  Except for the Board of School Commissioners, it shall be the duty of any person who is authorized to incur any indebtedness chargeable to the City, to prepare each October 1 a detailed line-item budget estimate for each department for the upcoming fiscal year. (Amended 2009, No. M-6, § 2, eff. May 8, 2009.)

• § 11.3. City budget

  The Mayor shall annually before each November 1 prepare and submit to the Board of Aldermen a proposed budget predicated as necessary to operate all branches of City government. The Board of Aldermen may reduce the proposed budget but may not increase it. (Amended 1997, No. M-17 (Adj. Sess.), § 8; 2009, No. M-6, § 3, eff. May 8, 2009.)

• § 11.4. Annual appropriations

  The Board of Aldermen shall finalize the General Fund budget and publish to the voters of the City before each December 31. The General Fund budget shall then be promptly warned and placed on the ballot each March for voter approval. (Amended 2009, No. M-6, § 4; eff. May 8, 2009.)

• § 11.5. City report

  The City report shall be published annually, on or before the 15th day of November each year, by the direction of the Mayor. It shall contain a clear statement of the financial affairs of the City, including a record of all expenditures, receipts, and disbursements of the City monies, and the name and amount of compensation for services from the City of every person receiving compensation by way of salary or otherwise in amount of $300 or more a year.

• § 11.6. City indebtedness

  (a) The credit of the City, other than by temporary loans for a period of not more than one year, shall not be pledged by the Board of Aldermen nor by any officer of said City unless by vote of the legal voters of the City.

  (b) If the legal voters of the City give authority to the Board of Aldermen to pledge the credit of the City for any purpose, including the paying of any deficit, the City is empowered to issue its negotiable orders, warrants, notes, or bonds with interest coupons attached or in register form, to the amount not to exceed the limit prescribed by law. Such notes or bonds shall be payable at such time and at such rate of interest as may be established by the voters, or if no time and rate of interest are fixed thereby, the same shall be established by the Board of Aldermen.

  (c) Bonds, orders, notes, or warrants issued under this section shall be signed by the Mayor and the City Treasurer and countersigned by the City Clerk and if interest coupons are attached thereto they shall be signed by the Treasurer. Such bonds, orders, notes, or warrants shall contain a statement that they are issued in conformity with the provisions of this charter and shall specify the purpose for which they are issued; and such statements shall have the same effect as provided in the case of bonds or notes issued to refund outstanding bonds or notes.

• Subchapter 13: CITY ASSESSOR

• § 13.1. Powers and duties

  The City Assessor, elected for a term of two years, shall have the same powers, discharge the same duties, proceed in the discharge thereof in the same manner, and be subjected to the same liabilities as are prescribed for listers, except as herein otherwise provided. The Assessor shall also be a member of the Board for the Abatement of Taxes, and shall perform such additional duties as are prescribed for the Assessor under the ordinances.

• Subchapter 15: BOARDS AND APPOINTIVE OFFICERS

• § 15.1. Boards and commissions

  There shall be maintained in the City an Assessor, a Board of Health, a Board of Planning Commissioners, a Board of Cemetery Commissioners, a Board of Finance, a Board of Highway Commissioners, a Board of Sewage Disposal Commissioners, a Board of Zoning Adjustment, a Pension Board, a Board of School Commissioners, a Police Commission, a Redevelopment Authority and otherwise as provided for herein.

• § 15.2. Appointed officers; two-year term

  (a) The Mayor shall appoint a City Clerk, a City Attorney, a Grand Juror and Assistant City Attorney, a Superintendent of Recreation, a Building Inspector, a Zoning Administrator, an Equal Employment Opportunity Officer, and such other offices as are required by State law.

  (b) The Mayor may appoint an Emergency Management Director, a Community Development Director, a Director of Public Welfare, and such subordinate officers as may be elected or appointed by towns or authorized by any lawful ordinance made under this charter, the appointment of which is not otherwise provided for.

  (c) All of the above named officers shall be appointed in March of odd numbered years for a two-year term.

• § 15.3. Annual appointments

  (a) The Mayor shall annually in the month of March appoint one cemetery commissioner, one member of the Board of Health, and one Pension Committee member.

  (b) At the discretion of the Mayor, the offices of the Inspector of Milk and Inspector of Meat may be combined.

• § 15.4. Confirmation of appointment

  (a) Unless otherwise provided, all appointments authorized to be made by the Mayor under any of the provisions of this charter shall be submitted by him or her, in writing, to the Board of Aldermen at a regular meeting for confirmation. The Board shall act upon the appointments at the next regular meeting. Such appointments shall stand confirmed unless rejected by a vote of seven members. If a person so appointed is rejected, the Mayor may appoint him or her or another person for such office and submit the same to the Board of Aldermen within one month. In no case shall the Mayor submit the same name more than twice. In case he or she fails to do so within said period, the Board of Aldermen may proceed to make such appointment, which appointment shall be valid without the consent of the Mayor.

  (b) If the Mayor fails to appoint any of the officers authorized by section 15.2 or 15.3 of this charter within 90 days, then the Board of Aldermen may appoint said officers by a vote of seven members without the approval of the Mayor.

  (c) The Mayor may also contract, for a period of up to one year, subject to confirmation of the Board of Aldermen, to fill a vacancy in either the Office of the Chief Engineer of the Fire Department or the Chief of Police, notwithstanding the appointment powers set forth in section 22.1 or 23.1 of this charter.

• § 15.5. Term of office

  (a) All elective officers, including ward officers and school commissioners, shall hold office from the 15th day of March of the year of their first election, for the term for which they are elected, and until their successors have been elected and have qualified.

  (b) All appointive officers and all other officers whose terms of office are not herein or by general law otherwise specified, shall, except as herein otherwise provided, hold their offices for the specified terms of their appointment from the first day of April of the year of their appointment, and until their successors are appointed and have qualified.

• § 15.6. Discipline of employees and appointed officers

  All discipline of employees and appointed officers shall be pursuant to law.

• § 15.7. Vacancies

  (a) In case of vacancy for any cause in any appointive office, such vacancy shall be filled in the manner herein provided for the appointment thereto, but only for the unexpired term of the office. In case of vacancy for any cause in an elective office, excepting Mayor and school commissioner, occasioned by death, resignation, removal from the City, or other disability, the office shall be filled by the Mayor by nomination and confirmation by the aldermen as hereinbefore provided. The appointment shall run until the next annual meeting and at such next annual meeting the legal voters of the City shall elect, from among their number, a person to fill such vacancy.

  (b) The Mayor with the approval of the Board of Aldermen, shall make a temporary appointment within 15 days after receiving notice from a physician that any appointive officer is rendered incapable of performing the duties of that particular office.

• § 15.8. Conflicting offices

  The Mayor, Aldermen, and members of the Board of School Commissioners shall not hold any other City office, either appointive or elective, except as otherwise provided.

• § 15.9. Compensation

  The Board of Aldermen shall fix the annual compensation for all City officers except as otherwise provided.

• § 15.10. Bonds of City officers

  (a) All employees of the City who receive or disburse any of the funds of the City shall annually, before entering upon the duties of their office, give bonds to the City in an amount satisfactory to the Board of Aldermen, for the faithful discharge of their respective duties; and any other officer or employee may be required by the Board of Aldermen to give similar bonds.

  (b) All City officers or employees from whom bonds are required shall furnish bonds of a surety company in form satisfactory to the City attorney in an amount satisfactory to the Board of Aldermen. The City Treasurer shall pay the cost of such bonds from the money appropriated for general expense.

  (c) In case of the neglect of any officer to give bond as above specified after 10 days’ notice from the Board of Aldermen that he or she is required to do so, his or her office shall thereupon become vacant and the vacancy shall be filled as hereinbefore provided.

• § 15.11. Oath of officers

  All officers of the City shall, before assuming office, take, subscribe, and file with the City Clerk the following oath: “I solemnly swear that I will faithfully execute the Office (duty or trust) of __________ of the City of Rutland, to the best of my judgment and abilities, according to law, so help me God.”

• § 15.12. Residency requirement

  (a) The application of a residence requirement upon commencement of employment with the City of Rutland may be applied to those employees or appointed officials where it is established that a rational basis therefore exists.

  (b) The Board of Aldermen may designate by ordinance that certain officers or employees of the City shall become residents thereof upon the determination that a rational basis exists for the imposition of such a requirement.

  (c) The above requirements shall become effective upon passage and shall affect officers or employees commencing employment on or after July 1, 1979.

• Subchapter 16: CITY CLERK

• § 16.1. Duties

  The City Clerk shall perform for the City the same duties devolving under the law of this State upon town clerks, except insofar as the same are changed or modified by the provisions of this charter; the Clerk shall be the ex officio Clerk of the Board of Aldermen, Board of Civil Authority, Board for the Abatement of Taxes, Board of Finance, Board of Public Health, and of the Board of Highway Commissioners. The City Clerk may be City Purchasing Agent. He or she shall have exclusive charge and custody of the public records of the City and of all records, papers, and documents belonging to the Town of Rutland at the time the City of Rutland was organized. He or she shall receive the same fees as do town clerks under the State law, but his or her salary as set by the Board of Aldermen shall be in lieu of all fees, and all fees received by the City Clerk shall be accounted for, and paid into the City Treasury.

• § 16.2. Public records

  (a) Public records shall not be taken out of or away from the City Clerk’s office except upon the order or process of a court of competent jurisdiction, but the Board of Aldermen may by ordinance or by law regulate the removal from said office of all papers and documents belonging to the City and in the custody of the City Clerk as aforesaid.

  (b) The Clerk shall make duly certified copies of public records, papers, and documents, upon payment of the proper fee. Such copies so certified shall be legal evidence of the same validity and effect as those of town clerks, in all courts and for all purposes.

• § 16.3. Certification of publication

  Whenever any notice signed by the Mayor, Board of Aldermen, or any City officer or officers, or any advertisement, ordinance, resolution, or bylaw shall have been published in some newspaper or publicly posted under the provisions of the general law, this charter, or the ordinances thereby authorized, the City Clerk shall examine and ascertain whether such notice, advertisement, or ordinance has been duly published or posted, and if such be the fact he or she shall so certify upon the proper City record; and such record or a duly certified copy thereof shall be treated as prima facie evidence of the facts so certified.

• Subchapter 17: CITY PURCHASING PROCEDURE

• § 17.1. City Purchasing Agent

  (a) The City Purchasing Agent shall be a City employee under the direction of the Board of Finance.

  (b) The City Purchasing Agent shall contract for and purchase all supplies, materials, equipment and contractual services required by any department, office, board, commission, or agency of the City; except purchases made in behalf of the School Department, and except as otherwise provided herein.

  (c) The City Purchasing Agent shall work in a cooperative and coordinative purchasing effort with the designated representative of the Rutland City School Department when such effort will result in a benefit to the City of Rutland.

• § 17.2. Contractual authority

  The City Purchasing Agent is authorized to enter into contracts for the City, except that any contract calling for payment, either totally, or in installments, of a sum exceeding $1,000.00 shall be signed by the Mayor.

• § 17.3. Requisitions

  (a) All purchases made under section 17.1 of this charter shall be made upon written requisitions therefor upon the Purchasing Agent. The Purchasing Agent shall immediately proceed to purchase under the provisions of the ordinances the property so required and to distribute it accordingly taking a receipt therefor upon the original requisition. The Purchasing Agent shall then forward the requisition to the City Clerk. Purchases in excess of $3,000.00 shall be awarded upon bids as hereinafter set forth.

  (b) Notwithstanding any of the provisions herein, purchases may be made at auctions with the express approval of the Board of Aldermen and City Purchasing Agent. (Amended 1997, No. M-20 (Adj. Sess.), § 2, eff. May 14, 2008.)

• § 17.4. Bidding procedures

  (a) No board or officer of the City shall incur any indebtedness or enter into any contract on behalf of the City requiring the payment of money, unless such indebtedness or contract is provided for in the previous appropriations of the Board of Aldermen. Contracts shall not be awarded for an amount in excess of $3,000.00 unless the contract is awarded upon sealed bids submitted as a result of advertising in a local newspaper, or in response to an invitation to bid from the City Purchasing Agent, or Rutland City School Department, or bids invited by the Vermont Agency of Administration, Division of Purchasing, if the Board of Finance determines it is in the best interests of the City of Rutland to participate in the Vermont State bid process. No contract as entered into as aforesaid shall be altered or amended unless such alterations or amendments are reduced to writing in a form satisfactory to the City Attorney and approved by the Mayor. No acceptance of performance of such contact by any officer of the City shall be valid or binding unless the same shall be approved by the Board of Finance. However, contracts of the School Department shall not require the approval of the Mayor and the Board of Finance but shall be approved by a majority vote of the school commissioners.

  (b) The Board of Finance is authorized to receive all bids and to make awards on the same, upon consultation with the City Purchasing Agent and the department head involved in the purchase. (Amended 2007, No. M-20 (Adj. Sess.), § 3, eff. May 14, 2008.)

• § 17.5. Specifications

  The department head shall prepare specifications for all supplies, materials, and equipment needed by said department, in consultation with the City Purchasing Agent. Any disagreement regarding said specification shall be resolved by the Mayor.

• § 17.6. Professional services

  (a) For contracts requiring professional services or specialization, or expertise in a particular field, the Board of School Commissioners shall authorize the Superintendent to invite proposals for such services. The Superintendent, acting as Purchasing Agent for the School Department, shall submit his or her selection or selections to the Board of School Commissioners for confirmation.

  (b) For contracts requiring professional services or specialization, or expertise in a particular field, the Board of Aldermen shall authorize the Mayor to invite proposals for such services. The Mayor, after consultation with the City Purchasing Agent and the department head involved, shall submit his or her selection or selections to the Board of Aldermen for confirmation.

• Subchapter 18: CITY ATTORNEY

• § 18.1. Duties

  The City Attorney shall be Corporation Counsel, Chief Union Negotiator, and shall prosecute and defend on behalf of said City all suits in which the City is interested; and may prosecute all violations of the City ordinances and bylaws. The City Attorney is also authorized to file informations and complaints in criminal causes in the District Court, before any justice of the peace in the City according to law and prosecute the same to final judgment.

• § 18.2. Grand juror and Assistant City Attorney

  The City Grand Juror shall prosecute violations of ordinances, regulations, and bylaws of the City of Rutland; may prosecute and defend criminal matters occurring within the limits of the City of Rutland; and also shall act as Assistant City Attorney as directed by the City Attorney.

• Subchapter 19: DIRECTOR OF EMERGENCY MANAGEMENT, EQUAL EMPLOYMENT OPPORTUNITY OFFICER, COMMUNITY DEVELOPMENT DIRECTOR

• § 19.1. [Repealed.]

• § 19.2. Duties of the Director of Emergency Management

  The Emergency Management Director is responsible for coordinating and supervising public and private informational programs to familiarize the public with emergency management activities.

• § 19.3. Duties of the Equal Employment Opportunity Officer

  The Equal Employment Opportunity Officer is responsible for managing the organization, implementation, and all continuing aspects of the City’s affirmative action plan.

• § 19.4. [Repealed.]

• § 19.5. Duties of the Community Development Director

  The Community Development Director is an administrative staff position assisting the Mayor and the Board of Aldermen and various City boards in a variety of assignments that include the management of community development efforts and the coordination of City planning efforts.

• Subchapter 20: BOARD OF FINANCE

• § 20.1. Membership and duties

  (a) The Mayor, the President of the Board of Aldermen, and the City Treasurer shall constitute the Board of Finance; the Mayor shall be Chair.

  (b) The Board of Finance shall establish, and each department shall adopt, such system of accounting and auditing for each department of the City government as will give uniform and reliable methods for transacting the business of the City. They shall provide for regular monthly reports to be made by each department to the Board of Finance and to the Board of Aldermen.

  (c) The Board of Finance may annually in the month of June procure from chartered banks of known reliability and sufficient capital their offer to act as depository for the City monies, and the terms upon which they will receive such monies. They may, by vote appoint such bank or banks as depository as shall appear to be for the best interests of the City.

• § 20.2. Custody of public buildings

  (a) The Board of Finance shall also have the care and control of all public buildings not specifically in charge of any other department of the City. They shall appoint such janitors or employ such persons as may be required for the proper care of the buildings, and may prescribe their salaries and define their duties subject to existing collective bargaining agreements.

  (b) The Board of Finance may order repairs or enlargements to be made to said buildings, except when the estimated cost of any such repairs or enlargements exceeds $500.00, in such case, prior approval of the Board of Aldermen shall be required.

• § 20.3. Records

  The Board of Finance shall cause full and accurate records of all meetings thereof and all business transacted by the Board to be kept by the Clerk of the Board. The records and books of the Board shall be public records. The Board shall monthly submit to the Board of Aldermen a report of all business transacted by the Board of Finance in the preceding month.

• Subchapter 21: AUDITING

• § 21.1. Requirements

  (a) All officers, boards, and departments of the City shall be subject to audit as follows:

  (1) at the close of each fiscal year;

  (2) at the expiration of the term of office of any officer, board, or department;

  (3) at such other times as may be directed by the Board of Aldermen.

  (b) The Board of Aldermen shall provide a competent professional auditor who shall have access to all books and vouchers in possession of any officer, employee, board, or department of the City for auditing purposes. Such professional auditor shall report the audit results to the Board of Aldermen.

• Subchapter 22: POLICE DEPARTMENT

• § 22.1. Police Commission and Police Department

  The Police Commission shall consist of five legal voters appointed to serve for a term of three years, unless otherwise provided herein, and until their successors are appointed and qualified. Upon creation, two members shall be appointed for a term to expire on April 1 of the third calendar year after appointment; two members shall be appointed for a term to expire April 1 of the second calendar year after appointment; and one member shall be appointed for a term to expire April 1 of the calendar year following appointment. All terms shall thereafter expire on April 1 of the third calendar year following appointment. A person appointed to fill an unexpired term shall serve to the end of that term. The Mayor shall appoint a Chair and Vice Chair of the Commission from among the members of the Commission subject to the approval of the Board of Aldermen. The term of Chair and Vice Chair shall expire on April 1 of the year following appointment. Except at creation, at which time appointments will be denied by majority vote, all appointments to the Commission shall be made in a manner consistent with the provisions of this charter.

• § 22.2. Powers and duties of Police Commission

  The Police Commission shall have the jurisdiction and control of the Police Department and of the police force of the City of Rutland. It shall have the power to make such rules and regulations as are necessary to govern its own actions and proceedings and to exercise jurisdiction and control of the Department. It may delegate this authority to the Chief of Police as it deems appropriate. It shall exercise all powers and duties as provided by charter and ordinance, or policy set by the Board of Aldermen. It shall prepare and submit to the Mayor as directed the annual budget of the Police Department. It shall appoint the Chief of Police.

• § 22.3. Eligibility of police commissioners

  No person shall serve as a police commissioner who has an immediate relative employed by the Rutland City Police Department. Immediate relative shall include spouse, children, stepchildren, parents, stepparents, brothers, sisters, mother-in-law, father-in-law, and other relatives who are actual members of the person’s household.

• § 22.4. Chief, appointment, removal

  The Police Commission shall appoint a Chief of Police who shall hold that position during good behavior, and for a term not to exceed five years, and so long as the Chief shall render efficient service to the City unless sooner removed as hereinafter provided. Retirement of the Chief of Police appointed under this section shall be mandatory when the age of 65 is reached. The Chief may make appointment of subordinate officers as he or she may deem necessary. All qualifications being equal, the Chief shall appoint senior officers in the time of service to said subordinate positions. These officers shall hold office as long as in the opinion of the Chief of Police each is capable of performing his or her duties and is conscientious and efficient in the discharge of the same. Such officers may be removed by the Chief of Police by approval of the Board of Civil Authority, for any incapacity or misconduct that said Board may find sufficient.

• § 22.5. Powers and duties of Chief

  Subject to the authority of the Police Commission, the Chief of Police shall have jurisdiction and control of the administration, disposition, and discipline of the Police Department and of the police force of the Department. Except as herein otherwise provided, he or she shall have the power to make such rules and regulations as are necessary in his or her opinion, to exercise jurisdiction and control of the Department, and shall have jurisdiction over the day to day operation of the Department. He or she shall have the sole power, and it shall be his or her duty, to preserve the public peace; suppress riots and insurrections; disperse unlawful or dangerous assemblages that obstruct free passage on or in public streets, sidewalks, parks, and other public places; protect the rights of persons and property; preserve order; direct and regulate the movement of vehicular and pedestrian traffic under the ordinances, rules, and regulations of the City of Rutland or statutes of the State of Vermont to ensure the safety and convenience of the public; to observe all places of public amusement, all places of business, and other public places; enforce and prevent the violation of all federal, State, and local law, and ordinances, rules, and regulations in force in the City; and for these purposes, to detect and arrest all persons violating said laws, and he or she shall carry out such other devices as are inherent to the Office of Chief of Police.

• § 22.6. Temporary absence of Chief

  In the event of temporary absence of the Chief of Police, the duties of Chief shall fall upon the subordinate officers, according to their rank, as established by the rules and regulations of the Police Department.

• § 22.7. Regular police officers; appointment

  (a) All applicants for positions on the police force, except for the position of Chief of Police, shall file with the Chief their applications in writing, together with proof of graduation from an accredited high school or graduate equivalency diploma, on forms approved by the Chief, and shall be examined in such manner as the Chief of Police may prescribe with the approval of the Police Commission. A public record of all applicants for positions on the police force shall be maintained in the City Clerk’s office.

  (b) The Chief of Police, shall from time to time as the needs of the City may require, appoint from said applicants a sufficient number of police officers to ensure public safety and welfare. All appointments to the regular police force must be approved by the Police Commission. The number of regular police officers appointed shall not exceed the maximum number set forth in the City ordinances, except by specific approval of the Board of Aldermen.

• § 22.8. Tenure

  All members of the regular police force, now serving or who shall hereinafter be appointed other than the Chief, shall be retained as such, unless discharged for good cause or due to economic reasons.

• § 22.9. Special police officers

  In addition to the regular police force, the Chief of Police shall have the power to appoint such special police officers as he or she may consider desirable and that present funding will support with approval of the Police Commission. The term “special police officers” shall be construed to mean police officers appointed to serve as auxiliary members to the regular police force as well as those police officers appointed at the request of private individuals, corporations, or firms for the protection of private property, and police officers appointed for special public services. Such special police officers shall receive pay from the City according to the service performed for the City. The Chief of Police may appoint a special police officer, with approval of the Police Commission, but only for such time as may elapse before a qualified applicant is available.

• § 22.10. Compensation

  The compensation of all members of the Police Department, including that of Chief of Police, shall be fixed by the Board of Aldermen and all fees accruing to them under the laws of the State or the provisions of this charter shall belong to the City and shall be paid into the City Treasury by the court taxing same.

• § 22.11. Suspension

  The Chief of Police shall have the power, for disciplinary purposes, to suspend any member of the Department, without pay, for a period not to exceed six weeks. The Police Commission shall have the power to suspend the Chief of Police for a period not to exceed two weeks. (Amended 2011, No. M-5, § 2, eff. April 28, 2011.)

• § 22.12. Service of criminal process

  All police officers shall have the authority in criminal causes returnable before the Rutland District or Superior Court, to serve and return within the State said criminal process. For such duties the Police Department shall be allowed the fees provided by law to sheriffs for similar services, which fee shall belong to the City, to be paid into the City Treasury whenever such police officers shall be under pay from the City. The said police officers shall have the power of constables in all matters arising under the criminal and police laws of the State and ordinances and police regulations of the City.

• § 22.13. Political activities

  No member of the Police Department of the City of Rutland shall act as an officer of any political party, attend any political convention as a delegate, participate in any manner whatever in any canvass in behalf of or against any candidate for any City, county, State, or national office, campaign, or take any part whatever in political matters other than to vote, nor be a candidate for any public office or hold any public office.

• § 22.14. Vehicle replacement

  It shall be the duty of the Police Commission through the Chief of Police to provide and maintain safe, reliable emergency police vehicles. Such vehicles, upon reaching three full years of service, shall be replaced as soon as practical. The Chief shall submit specifications as approved by the Police Commission to the City Clerk for immediate bid circulation and replacement of said vehicles.

• § 22.15. Monthly meetings

  The Police Commission shall meet at least once a month.

• Subchapter 23: FIRE DEPARTMENT

• § 23.1. Fire Chief, appointment, removal

  The Mayor shall appoint a Chief Engineer of the Fire Department subject to the approval of the Board of Aldermen, who shall hold that position for a term not to exceed five years, and so long as the Chief shall render efficient service to the City, unless sooner removed as herein provided. Retirement of the Chief Engineer appointed under this section shall be mandatory upon reaching the age of 65. The Chief Engineer shall appoint subordinate officers as he or she deems necessary for the safe and efficient operation of the Department. Members considered for appointment as an officer shall meet minimum standards for the rank as established by the Chief Engineer and shall be tested in accordance with guidelines established by the Chief Engineer. These officers shall hold office so long as in the opinion of the Chief Engineer each is capable of performing his or her duties and is conscientious and efficient in the discharge of the same. Such officers may be removed by the Chief Engineer for any incapacity or misconduct. The officer shall have a right to appeal to the Board of Civil Authority within 10 days of the removal unless the time period is extended by the parties in writing. (Amended 1997, No. M-17 (Adj. Sess.), § 9.)

• § 23.2. Powers and duties of Fire Chief

  The Chief Engineer shall have jurisdiction and control of the administration, disposition, and discipline of the Fire Department and of the firemen within the Department. He or she shall have the power to make such rules and regulations as are necessary, in his or her opinion, to exercise the jurisdiction and control of the Department. He or she shall be the Chief Executive Officer of the Fire Department. He or she shall be responsible for the operation, maintenance, and repair of all fire vehicles and fire equipment. He or she shall have sole and exclusive power and authority to extinguish fires at any place within the jurisdiction of the City. He or she shall be the Fire Marshal of the City, and as such it shall be his or her duty and he or she is hereby empowered to enforce all State and local laws relating to the prevention, detection, and extinguishment of fires from any causes whatsoever. He or she shall install or cause to be installed alarm, telegraph, telephone, and radio equipment that is used in the operation of the Fire Department, which is owned or under the exclusive control of the Fire Department. He or she shall be responsible for the prevention of fires and danger to life or property therefrom. He or she is empowered to cause any building, structure, or place or premises to be inspected for fire hazards and may cause the inspection and testing of any fire alarm system of fire extinguishment. He or she may also cause the inspection and testing of any fire exits and may inspect the proper designation and marking thereof.

• § 23.3. Absence of Fire Chief

  In the event of temporary (24 hours or less) absence of the Chief of the Fire Department, the duties of the Chief shall fall upon the subordinate officers, according to their rank, as established by the rules and regulations of the Fire Department. In the event the absence will be for a period of greater than 24 hours, the Chief Engineer shall designate a subordinate officer as the acting Chief Engineer, who shall assume the duties of the Chief Engineer. (Amended 1997, No. M-17 (Adj. Sess.), § 10.)

• § 23.4. Regular firemen; appointment

  (a) All applicants for position with the Fire Department, except for the position of Chief Engineer, shall file with the Chief Engineer an application in writing on forms approved by the Chief Engineer, and shall be examined in such manner as he or she may prescribe, with the approval of the Mayor. A public record of all applicants for positions on the Fire Department shall be maintained in the City Clerk’s office.

  (b) The Chief Engineer shall, as the needs of the City may require, appoint from said applicants sufficient number of firemen to ensure the public safety and protection. The number of regular firemen appointed shall not exceed the maximum number set forth in the City ordinance, except by specific approval by the Board of Aldermen. Within one year of the date of permanent appointment, each regular fireman must reside within a five mile radius of the station house to which he or she is assigned.

  (c) All members of the regular Fire Department now serving or who shall hereafter be appointed, other than the Chief, shall be retained as such, unless discharged in accordance with other provisions of this charter. All members of the regular Fire Department shall retire not later than at the age of 65.

• § 23.5. [Reserved.]

• § 23.6. Call firemen

  The Chief Engineer shall have sole power to appoint such number of call firemen as he or she may consider necessary for the proper protection of the City. Call firemen shall be subject to the call of the Chief Engineer of such Department when in his or her opinion the use of such call is necessary.

• § 23.7. Compensation

  The compensation of all members of the Fire Department, including the Chief Engineer, shall be fixed by the Board of Aldermen. The Board shall further fix the compensation for a call fireman, after the recommendation of the Chief Engineer.

• § 23.8. Suspensions

  The Chief Engineer shall have the power, for disciplinary purposes, to suspend any member of the Department without pay for a period not to exceed four weeks. (Amended 2011, No. M-5, eff. May 6, 2011.)

• § 23.9. Emergency powers

  Whenever any building in the City shall be on fire, it shall be lawful for the Chief Engineer of the Fire Department or any officer in charge of said Department, in their discretion, to order any building or part thereof not on fire but that they may deem hazardous and likely to communicate fire to other buildings to be pulled down or destroyed.

• § 23.10. Political activity

  No member of the Fire Department of the City of Rutland shall act as an executive committeeman, attend any political convention as a delegate, participate in any manner whatever in any canvass in behalf of or against any candidate for any City, county, State, or national office, hold tickets or canvass votes at any election, or take any part whatever in political matters other than to vote, nor be a candidate for any public office.

• Subchapter 24: DEPARTMENT OF PUBLIC WORKS

• § 24.1. Appointment of Commissioner

  The Commissioner of Public Works shall be appointed by the Mayor for a term of two years. He or she shall be experienced in areas of administration and management. The Commissioner shall be entitled to salary as fixed by the Board of Aldermen.

• § 24.2. Powers and duties of Commissioner

  The Commissioner of Public Works shall be the Superintendent of Streets, Superintendent of Sewage and Disposal, Superintendent of Water Works, and City Tree Warden. Together with the City Engineer, the Commissioner shall be responsible for making all public surveys of public streets, water courses, bridges and culverts, sewers, and ground of said City and all plans and specifications for the construction, improvement, and repair thereof. In carrying out these duties the Commissioner shall consider long range planning for the development of the City and keep proper records of all matters relative to the office. It shall be the duty of the Commissioner to perform such additional duties as may be required by the Board of Aldermen.

• § 24.3. Staff and employees

  The Commissioner of Public Works shall employ a registered professional civil engineer who shall be the City Engineer. The Commissioner shall have the power to employ such staff assistants, supervisors, forepersons, agents, employees, and laborers as he or she may deem necessary for the management, maintenance, and operation of the Department of Public Works. The Commissioner may discharge, suspend, or remove any such City Engineer and staff assistant, supervisors, forepersons, agents, employees, and laborers at any time by proceedings set forth in other sections of this charter and as established or adopted by the Board of Aldermen.

• § 24.4. Commissioner; control of water supply

  (a) The Commissioner of Public Works shall have the exclusive general management and supervision of the City water works and may make and enforce regulations regarding the use and control of water. He or she shall have authority to enforce beyond the limits of the City such regulations as may be necessary for the care, protection, preservation, management, and control of the City water works and water supply, in the same manner and to the same extent as within the City.

  (b) The Commissioner of Public Works shall have the exclusive general management and control, and the immediate and practical supervision of the City streets, bridges, culverts, curbs, sidewalks, and sewers, and the work done thereon, and shall see that the same are properly constructed and kept in repair. He or she shall have the same powers in respect to repairs of streets, highways, bridges, and culverts as road commissioners and selectboards in towns and shall, when the public good requires, cause all streets and highways to be worked and graded the entire width thereof and made in such a manner as will in his or her judgment best accommodate the public.

  (c) The Commissioner of Public Works shall have power to compel any person, acting under authority from him or her, to restore any sidewalk, street, pavement, highway, alley, lane, court, or public ground in said City that he or she shall dig up or disturb to a condition that shall be satisfactory to the Commissioner of Public Works. If the person fails to make such restoration or repair as requested by the Commissioner of Public Works, the work may be done by the City of Rutland and the City of Rutland may recover the amount it has expended for such work in an action under this section.

• § 24.5. Water rates

  (a) The Board of Aldermen shall establish rates to be paid for the use of water supplied by the City water works, which shall be called “service rates.” Such service rates shall be a lien in the nature of a tax upon the real estate so supplied with water and shall be collected and enforced under such regulations and ordinances as the Board of Aldermen shall prescribe. Water may be furnished outside the City upon such terms and conditions as shall be prescribed by the Board of Aldermen and furnished solely at the discretion of said Board of Aldermen.

  (b) All monies received in any way on account of the City water works shall be paid into the City Treasury. The City Treasury shall keep accounts, showing fully all receipts and payments had and made in any manner on account of the water works, separately from all other receipts and payments.

• § 24.6. Sewers

  The Board of Aldermen is authorized and empowered to establish, construct, and maintain public sewers in said City, and may establish, construct, and maintain public sewers in and through the lands of individuals and corporations, on making compensation therefor in the same manner as provided by law in the laying out and establishing highways in towns, and the same proceedings shall be had and the same right of appeal shall exist as in the case of laying out and establishing highways. Public sewers may be furnished outside the City upon such terms and conditions as shall be prescribed by the Board of Aldermen, and furnished solely at the discretion of said Board of Aldermen. All monies received in any way on account of the City sewerage disposal works shall be paid into the City Treasury. The City Treasurer shall keep accounts, showing fully all receipts and payments had and made in any manner on account of the sewerage disposal works, separately from all other receipts and payments.

• § 24.7. City Engineer

  The City Engineer shall be appointed by the Commissioner of Public Works for an indefinite period. The Engineer shall be a professional civil engineer licensed in the State of Vermont whose duties shall include:

  (1) responsibility for all public surveys of the public streets, water courses, water works, bridges and culverts, sewers, and grounds of said City and all plans and specifications for the construction, improvement, and repair thereof;

  (2) consideration of long-range planning commensurate with said duties;

  (3) consulting engineer for all boards and officers created or authorized by this charter;

  (4) traffic engineer for the City.

• Subchapter 25: BOARD OF HIGHWAY COMMISSIONERS

• § 25.1. Membership and duties

  The Commissioner of Public Works, President of the Board of Aldermen, and the Mayor shall constitute the Board of Highway Commissioners and shall have the same power to lay out, alter, resurvey, and discontinue streets and highways as is vested by law in selectboards of towns except as otherwise provided herein.

• § 25.2. Acceptance of streets

  (a) Streets and highways in the City may be laid out, opened, accepted, and established by the Board of Highway Commissioners, provided the owners having a majority of the frontage on the proposed street or highway file their petition therefor with the Clerk of the City. Such petition shall be accompanied by a monumented survey, with a plan of said street satisfactory to the Board of Highway Commissioners, and further provided that the signers of the petition shall do or have done all construction and improvements relative thereto as required by the Board of Aldermen.

  (b) All streets or highways in said City of less than three rods in width heretofore deeded or dedicated to the City for public highways and heretofore accepted, and all such streets or highways laid out or opened by it, are hereby declared to be legal streets and highways; and all acts, votes, and resolutions of the City in respect thereto are hereby declared to be legal and valid.

• § 25.3. Discontinuance of highways

  In case the Board of Highway Commissioners shall decide to discontinue any street or highway in the City, any person owning or interested in the lands abutting said street who is dissatisfied with such decision may within 60 days thereafter institute proceedings that shall have the same effect, be conducted in the same manner, and subject to the same conditions and provisions as if such person were dissatisfied with the laying out, altering, or resurveying of any street or highway in the City.

• § 25.4. Altering highways

  The said Board of Highway Commissioners shall have the power to raise or lower the surface of any street or highway of the City. The same proceedings shall be had in respect to awarding damages to the abutting owners upon such street or highway that they shall suffer by reason of the raising or lowering of the street or highway as herein provided in laying out or altering streets or highways.

• § 25.5. Procedure

  Whenever under the provisions of this charter the Board of Highway Commissioners is required to give notice of the time and place of any examination or hearing before it touching the laying out, altering, or discontinuing any street or public highway in the City, or the award of any damages therefor, a citation shall be issued, signed by the Board and containing the name of all persons to whom notice is to be given.

• § 25.6. Notice, citation, service

  (a) The citation shall be made at least 21 days prior to the time appointed for such examination or hearing, except when otherwise specially provided for in this charter.

  (b) Service of the citation may be accepted by any or all persons therein named, by endorsing their acceptance in writing thereon.

  (c) The citation may be served by any sheriff or constable in this State upon any person therein named residing or being in this State, in the same manner as an ordinary writ of summons.

• § 25.7. Nonresident service

  (a) The citation may be served by the sheriff or constable upon a person not an inhabitant of this State by leaving a true and attested copy of the citation with his or her return endorsed, with, or at the residence of, his or her known agent or attorney, if he or she has one in this State; and if not, with, or at the residence of the occupant of the land to which such hearing may appertain. If there is no such occupant, then the copy of the citation shall be by the sheriff or constable left at the office of the Clerk of the City for the persons so owning or interested in such land.

  (b) The City Clerk shall mail to the last known post office address of such person, in a registered package, a true and attested transcript of the copy so left with him or her, which shall be certified by him or her under the Seal of the City. The City Clerk shall certify under the Seal of the City all his or her doings touching the copy so left him or her by the sheriff or constable and shall attach to the certificate all registry receipts pertaining to the copy received by him or her.

• § 25.8. Evidence of service

  The return of the sheriff or constable upon the original citation, and the certificate of the Clerk and the receipts, shall be prima facie evidence of the service of the citation as herein provided. The citation and return thereon, with the certificates of the City Clerk and the receipts shall be made part of the record of the proceedings and shall be filed in the office of the City Clerk.

• § 25.9. Defective notice; remedy

  (a) If at any stage of the proceedings before the Board of Highway Commissioners or in any proceedings subsequent thereto, it shall appear that any person owning or interested in such land shall not have been duly notified, the Board of Highway Commissioners or other tribunal in or before which such proceedings shall be pending, shall cause a citation to be served upon the persons not notified as herein provided, and shall cause the proceedings to be postponed to such time as will permit such citation so issued to be served in the manner provided herein for the service of original citations in such matters. Commissioners appointed by the county court or by a justice of the peace or agreed upon between the parties shall have the same power to issue citations that the Board of Highway Commissioners has, which citation shall be served in the same manner as if issued by the Board of Highway Commissioners.

  (b) The Board of Highway Commissioners before which such proceedings are pending may cause such further notice to be given by citation, publication, or in any other manner prescribed by it in an order for that purpose. A copy of such order, citation, notice of publication, or other notice, which shall have been delivered to such landowner in person and verified by the affidavit of the person delivering the same, shall be prima facie evidence of such further notice.

• § 25.10. Failure of notice

  No proceedings instituted by the Board of Highway Commissioners under the citation, nor any proceedings subsequent and pertaining thereto, shall be void on account of any failure to give notice to any person or persons interested therein or shall for that reason be dismissed, but such proceedings shall be suspended till such person or persons are duly notified; whereupon the same proceedings shall be had in the same manner and with the same effect as if such person had been duly notified by the original citation. If the person so notified shall appear he or she may be heard upon all matters therein pending in which he or she is interested.

• Subchapter 26: ASSESSMENTS FOR PUBLIC IMPROVEMENTS

• § 26.1. Curbs and sidewalks assessment

  Whenever the owners of the greater part of the lands or buildings abutting upon any accepted street, or part thereof in said City, shall present their petition in writing to the Board of Aldermen, praying that such street, or part thereof as specified be curbed, or that a sidewalk be constructed, the Board of Aldermen may order the Commissioner of Public Works to cause such improvements to be made. The Board of Aldermen shall have the power, without such petition, to order the Commissioner of Public Works to install curbs or sidewalks as they may deem necessary.

• § 26.2. Notice of hearing

  Assessments for public improvements other than those made in response to petition, shall be made only following a public hearing, after giving 21 days’ notice to interested parties in the same manner as herein provided in respect to laying out or altering highways. The proposed rate of assessments for the public improvement shall be stated in the notice served upon each interested party.

• § 26.3. Assessment of property liens

  After said hearing, the Commissioner of Public Works shall make up a statement of all assessments, describing the lands or buildings assessed, and forthwith cause the same to be recorded in the City Clerk’s office and when so recorded such assessments shall be and remain a lien, in the nature of a tax, upon the lands or buildings so assessed until the same shall be paid.

• § 26.4. Collection of assessment

  (a) It shall be the duty of the City Clerk to place said list of assessments in the hands of the City Treasurer for collection, as soon as he or she has recorded the same. The City Treasurer shall thereupon forthwith notify in writing the owner or owners of lands or buildings so assessed, or their agents or attorneys, stating therein the amount of such assessments.

  (b) All such assessments shall be paid to the City Treasurer within 60 days after work is completed. In all cases the assessments shall be and remain a lien upon the lands and buildings assessed until the same are fully paid and shall have precedence over all other liens excepting ordinary taxes.

• Subchapter 27: CEMETERY COMMISSIONERS

• § 27.1. Duties

  There shall be three cemetery commissioners, who shall have the management and control of the public cemeteries of the City, and have the same powers as are provided by the general laws of the State respecting cemetery commissioners, subject to the orders and ordinances of the Board of Aldermen. The cemetery commissioners shall be appointed by the Mayor in the month of March, subject to the confirmation or rejection by the Board of Aldermen, as in the case of other appointive officers, and shall hold office for three years from the first day of April following their appointment.

• Subchapter 28: AIRPORT COMMISSIONERS

• § 28.1. Duties

  The Board of Airport Commissioners of the City of Rutland shall consist of three legal voters of said City to be appointed to serve for three years and until their successors are appointed and qualified. The Board shall have the exclusive general management and control of all lands owned or leased and used by the City for the purpose of a municipal airport and of all buildings, property, and equipment of the City thereon, and shall see that the same are kept in good condition and repair, but shall be subject in all respects to any limitations or restrictions contained in the ordinances, resolutions, and orders of the Board of Aldermen; but shall have no power to expend any money or incur any debt beyond the amount of the appropriations made by the Board of Aldermen. The Mayor shall, subject to the approval of the Board of Aldermen, appoint one airport commissioner for a term of three years and one each year thereafter, subject to the approval of the Board of Aldermen, for a term of three years, as their respective terms expire.

• Subchapter 29: BOARD OF HEALTH

• § 29.1. Duties

  (a) The Board of Health shall consist of the Health Officer appointed for a term of three years by the State Board of Health as provided by law, and of three persons appointed by the Mayor. One member shall be appointed annually for a term of three years. The Board shall hold their meetings as necessary and keep full and accurate records of all meetings and all business transacted. A detailed account of all expenditures shall be kept by said Board, which shall show at all times the amount of all indebtedness incurred under the authority of each appropriation for the use of said Board.

  (b) It shall be the duty of the Board of Health to see to the enforcement of all laws and ordinances relating to the preservation of the public health. The Board of Health shall report its doings to the Mayor in the month of July in each year. The written orders of the Health Officers shall be enforced, and a refusal or neglect to comply therewith shall be prosecuted as provided by law.

• Subchapter 30: BOARD OF SCHOOL COMMISSIONERS

• § 30.1. Composition of Board

  The Board of School Commissioners of the City shall be composed of 11 school commissioners, who shall be elected as hereinbefore provided.

• § 30.2. Vacancy

  Any vacancy of the Board of School Commissioners occasioned by death, resignation, removal from the City, or other disability shall be filled until the next annual election, upon nomination by the Mayor. The Mayor shall make such nomination to the Board of School Commissioners within 14 days of any vacancy. The Board of School Commissioners shall receive the Mayor’s nomination for a replacement commissioner at a scheduled Board meeting. The commissioners shall vote on the Mayor’s nomination at the next scheduled meeting of the School Board. The Board of School Commissioners shall have the power to reject said appointment by a vote of seven members of the Board of School Commissioners and if they do not reject said appointment, it shall be confirmed. If the person so appointed is rejected, the Mayor shall appoint another person for such office and submit the same to the Board of School Commissioners within one month and in case he or she fails to do so within said period, the Board of School Commissioners may proceed to make such appointment, which appointment shall be valid without the consent of the Mayor.

• § 30.3. Officers

  The school commissioners shall appoint one of their own members President, and shall appoint another of their own members as Clerk to keep a full and complete record of all their proceedings. They shall by general regulations provide for the holding of regular and special meetings. A majority of said commissioners shall constitute a quorum for the transaction of business.

• § 30.4. Duties

  (a) Said Board shall have in general all the powers and authority, and perform all the duties, pertaining to school officers in towns of this State, not inconsistent with the provisions of this charter.

  (b) The Board shall have the care and custody of all property belonging to or used for the several schools of said City; shall employ teachers, janitors and such other employees as they deem necessary and fix their compensation; have the management and control of all the public schools of said City; examine and allow all claims arising therefrom, and draw warrants for the payment of such claims upon the City Treasurer, in accordance with the provisions of this charter. All warrants for the payment of money drawn by the Board shall be signed by the President of the Board or his or her designee as stipulated by School Board policy.

  (c) The Board may establish such bylaws and regulations for carrying out the powers herein granted, as are consistent with the provisions of this charter and the general law of this State.

• Subchapter 31: SUPERINTENDENT OF SCHOOLS

• § 31.1. Appointment

  (a) The Board of School Commissioners shall appoint a Superintendent of Schools who shall not be a member of the Board. The appointment shall be consistent with and pursuant to the written Board of School Commissioners’ policy. The Board may contract with said Superintendent for a period of appointment and on such terms and conditions that are at that time current and consistent with State statutes.

  (b) The Board of School Commissioners may remove such Superintendent if it is established that he or she has been negligent or derelict in his or her official duty or is guilty of any misconduct that affects his or her capacity to perform his or her duties as Superintendent.

• § 31.2. Duties

  (a) The Superintendent of Schools shall be the Purchasing Agent for the School Department and shall perform such other duties in connection with the public schools as shall be assigned him or her by the Board of School Commissioners.

  (b) As Purchasing Agent for the School Department, the Superintendent, or his or her designated representative, shall work in a cooperative and coordinative purchasing effort with the Rutland City Purchasing Agent when such effort will result in a benefit to the City of Rutland. (Amended 1997, No. M-17 (Adj. Sess.), § 11.)

• Subchapter 32: TRUANT OFFICERS

• § 32.1. Duties

  Said Board shall annually appoint such truant officers as in its judgment may be required, who shall have the same powers and perform the same duties as prescribed by the general law of this State for truant officers in towns and cities, and shall have such further powers and perform such further duties as shall be prescribed by any ordinance, regulation, or bylaw of said City.

• Subchapter 33: SCHOOL FACILITIES

• § 33.1. Location and management

  It shall be the duty of the City, acting through the Board of School Commissioners, to provide and maintain suitable school facilities for the accommodation of all the public schools of the City. The location and construction of school facilities, and the management, sale, and purchase of school property shall be under the control of the school commissioners, subject to the limitations upon their power of incurring liabilities on behalf of the City.

• § 33.2. Purchase

  The Board of School Commissioners shall provide the money for the purchase of land for school purposes or for the construction of school buildings or both pursuant to the general laws of the State of Vermont. (Amended 2007, No. M-17 (Adj. Sess.), § 12.)

• Subchapter 34: SCHOOL FINANCING

• § 34.1. Appropriations and expenditures

  The voters of the City shall annually approve a budget for the use of the schools pursuant to the general laws of the State of Vermont. The Board of School Commissioners shall not expend any money or incur any debt for any purpose by contract or otherwise beyond the amount approved in the budget, the provisions of section 17.4 of this charter shall apply to the Board of School Commissioners and any committee or member thereof. Accounts relating to federal and State funds shall be maintained as directed and regulated by State and federal authorized guidelines and shall be subject to audit by the City Treasurer. (Amended 1997, No. M-17 (Adj. Sess.), § 13; 2007, No. M-20 (Adj. Sess.), § 3a, eff. May 14, 2008.)

• § 34.2. School financing

  (a) The voters of the City shall annually approve a budget for the use of Rutland City schools pursuant to the general laws of the State of Vermont.

  (b) Any bonded indebtedness approved by the voters after January 1, 2004, shall not be considered as part of the annual General Fund budget. (Added 2003, No. M-16 (Adj. Sess.), § 3; amended 2007, No. M-20 (Adj. Sess.), § 4, eff. May 14, 2008.)

• Subchapter 35: TRAFFIC COURT

• § 35.1. Establishment

  A Traffic Court is hereby created and established for the City of Rutland with the jurisdiction of conducting an administrative type hearing when so requested by any person charged with violation of any parking related ordinance, for the purpose of determining whether said charged violation is well founded.

• § 35.2. Judge

  The person holding the Office of City Attorney, or acting as such, shall be the Traffic Court Judge and shall have the authority and power to conduct hearings when requested by a charged violator who requests said hearing and said Judge shall determine whether the charged violation is well founded or should be discharged.

• § 35.3. Collection of fines

  Violators who do not request a hearing as provided in this charter within seven days are deemed to have waived such hearing and are obligated to pay to the City Treasurer all fines and penalties as established by ordinance in the City of Rutland for the charged parking related violation. The City Treasurer is authorized to utilize all legal means at the City’s disposal to collect such fines due and may treat same as any general bill owned to the City of Rutland.

• Subchapter 36: RUTLAND REDEVELOPMENT AUTHORITY

• § 36.1. Declaration of necessity

  We hereby find and declare that there currently exists within the City of Rutland an urgent need to reduce the property tax burden on residential homeowners; to redevelop dilapidated and blighted structures, to revitalize the commercial and industrial sectors of our economy, and to promote economic opportunity for all citizens, particularly those who are aged or of lower income.

• § 36.2. Creation of Redevelopment Authority

  There is hereby created an independent agency, a body corporate and political, to be known as the Rutland Redevelopment Authority, whose purposes and powers shall be as set forth in this charter.

• § 36.3. Purposes

  The Authority, in the exercise of the powers created and granted under section 3 of this charter, shall foster and carry out the following purposes:

  (1) to enhance and promote economic opportunity within the City of Rutland;

  (2) to plan for public and private improvements and development within the City of Rutland, dedicated to the promotions of industrial and commercial benefit;

  (3) to create employment opportunities;

  (4) to enhance the acquisitions, development, and improvement of taxable real and personal property within the City of Rutland;

  (5) to promote the development, improvement, acquisition, and rehabilitations of industrial and commercial property within the City of Rutland;

  (6) to foster commercial and industrial growth within the City of Rutland;

  (7) to promote and support investments and improvements that will result in the elimination of slum and blight;

  (8) to support and promote the development of those recreational, social, and public facilities that directly, or indirectly, create or enhance commercial or industrial activity within the City.

• § 36.4. Powers

  In addition to the powers conferred upon municipal corporations generally under 24 V.S.A. chapter 85, the Authority is hereby granted the following powers, rights, privileges, and prerogatives.

  (1) To adopt, administer, and enforce ordinances relating to the power of eminent domain with the approval of the Board of Aldermen. A finding of public necessity consistent with the provisions of section 3 of this charter shall be deemed conclusive for all purposes.

  (2) To enter into agreements, contracts, ventures, and associations of every kind, style, and nature with public and private persons and entities and governmental agencies in order to effect and achieve the purposes set forth in section 1 of this charter.

  (3) To assess, in the name of the City of Rutland, impact fees and special benefit assessments within those parts of the City of Rutland designated by the Board of Aldermen.

  (4) To create tax increment financing districts, and to issue instruments of tax increment financing debt upon the concurrence of the Board of Aldermen, for any purpose permitted by the general law of the State of Vermont. Notwithstanding the purposes for which special assessment may be made under 24 V.S.A. § 3252, the City of Rutland may adopt special assessments for the purpose of funding special marketing management and promotional programs and neighborhood or district programs in accordance with the provisions of the Rutland City charter. Notwithstanding the assessment procedure under 24 V.S.A. § 3254, establishment of assessment district boundaries, modification thereof, imposition of a special assessment, and determination thereof, may be undertaken by the Board of Aldermen or the Rutland Redevelopment Authority by ordinance. Special assessments may be collected by the Rutland City Treasurer or the Rutland Redevelopment Authority under the provisions of 24 V.S.A. § 3255, in full within 90 days of imposition, in installments over a term not to exceed 10 years, or annually under a continuing resolution of the Rutland Board of Aldermen or the Rutland Redevelopment Authority.

  (5) To undertake and be responsible for the development of municipal plans and economic benefit goals within those parts of the City of Rutland designated by its Board of Aldermen.

  (6) To apply and accept on behalf of the City of Rutland, State, federal, and private economic development grants-in-aid, and to manage, administer, and disburse the same.

  (7) To establish development standards consistent with the following criteria:

  (A) The ability of a proposed development to meet the purposes of the City’s plan adopted under 24 V.S.A. chapter 117, Vermont Statutes Annotated.

  (B) The ability of a proposed development to eradicate blighted conditions or threats to public health, safety, and welfare.

  (C) The ability of a proposed development to conform to a capital plan or capital budget adopted by the City of Rutland.

  (D) The ability of a proposed development to benefit low-and moderate-income residents of the City of Rutland.

  (E) The ability of the proposed development to provide permanent employment opportunities.

  (8) To adopt and enforce regulations and ordinances under the general laws of the State of Vermont, in the furtherance of the purposes and powers of the Authority.

  (9) To adopt rules of procedure, and to engage such staff, consultants, attorneys, and contractors as deemed necessary.

  (10) To provide technical and advisory services, as requested by the Board of Aldermen.

  (11) To issue, with the concurrence of the Board of Aldermen, instruments of debt under 24 V.S.A. chapter 53, subchapter 2.

• § 36.5. Board of Commissioners, composition

  (a) The administration, management, and supervision of the Authority shall be vested in a Board of Commissioners, except as provided otherwise herein. The Board shall consist of nine members, all of whom shall be residents of the City of Rutland for their respective terms of office. One member of the Board shall be the City Treasurer, and one member will be appointed from the Board of Aldermen for a one year term. The remaining seven members of the Board shall be appointed by the Mayor with the approval of the Board of Aldermen pursuant to the charter of the City of Rutland. All members appointed except for members appointed for creation of this Board shall serve for periods of three years. Upon creation, three members shall be appointed for a term to expire on April 1 of the third calendar year after appointment; two members shall be appointed for a term to expire April 1 of the second calendar year after appointment; and two members shall be appointed for a term to expire on April 1 of the first calendar year after appointment. All terms shall thereafter expire on April 1 of the third calendar year following appointment. A person appointed to fill an unexpired term shall serve to the end of that term. At the creation of the Commission, the appointments may only be denied by a majority vote of the Board of Aldermen and then thereafter, all appointments will be made pursuant to the charter of the City.

  (b) Annually the Board shall elect a Chair, Treasurer, and Clerk whose names shall be certified to the City Clerk.

  (c) If any commissioner or employee of an Authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any project, he or she immediately shall disclose the same in writing to the Authority and such disclosure shall be entered upon the minutes of the Authority, and that person will refrain from any participation in that matter, but will not be precluded from involvement in any other matters.

• § 36.6. General law; application

  Unless provided for to the contrary in this section, the Authority and its Board of Commissioners shall be subject to and have the benefit of all general laws of the State of Vermont relating to municipal corporations, provided, however, that the Authority and its Board of Commissioners shall not have the power to:

  (1) levy general property taxes or sewer benefit assessments;

  (2) enact zoning or subdivision ordinances;

  (3) pledge the full faith and credit of the City of Rutland;

  (4) encumber or pledge any property of the City of Rutland.

• § 36.7. Redevelopment plan

  Annually, and after notice and public hearing, the Authority shall develop and promulgate redevelopment master plans, standards, and criteria, which may be amended and modified from time to time.

• § 36.8. Severability

  If any provisions of this charter shall be declared invalid, such declaration shall not affect the remaining provisions hereof.

• § 36.9. Effective date of charter

  This charter shall be effective upon adoption following approval by the City of Rutland at any annual or special meeting thereof.

• Subchapter 37: CONSTRUCTION OF CHARTER

• § 37.1. Interpretation

  In the construction of this charter, the rules provided in 1 V.S.A chapter 3 shall be observed, unless such construction is inconsistent with the manifest intent of the General Assembly or repugnant to the context of this charter.

• § 37.2. General law

  Except when changed or modified by the provisions of this charter, or by any legal regulation or ordinance of the City, all provisions of the statutes of the State relating to towns and town officers shall apply to the City and to the several officers thereof corresponding to like officers of towns.

• Subchapter 38: ADOPTION AND AMENDMENT

• § 38.1. Controlling statute

  This charter shall be adopted and amended or repealed in conformity with 17 V.S.A. § 2645 or as amended.

• § 38.2. Effect of repeal

  (a) Such repeal shall not affect a penalty or forfeiture incurred under any of the laws repealed before this charter takes effect; however, where a punishment, penalty, or forfeiture is mitigated by the provisions of this charter, the provisions may be extended to any sentence or judgment pronounced after repeal.

  (b) Such repeal and enactment hereof shall not affect any ordinance, resolution, or bylaw lawfully enacted, ordained, and established under the provisions of said acts, and not inconsistent with the provisions of this charter, but the same shall be and remain in full force and effect until the same are repealed, altered, or amended as herein provided; and the Mayor and Aldermen of the City, and all City officials holding office therein under the general laws of this State or the act repealed shall hold office until the expiration of their current terms of office, unless such office shall sooner become vacant under the provisions of the acts repealed.

  (c) When a limitation or period of time prescribed in the act repealed for acquiring or enforcing a right or barring a remedy, or for any other purpose, has begun to run, and the same or a similar limitation is prescribed in this charter, the time of limitation shall continue to run and shall have like effect as if the whole period had begun and ended under the operation thereof.

• § 38.3. Effective date

  This charter shall take effect in conformity with the provisions of 17 V.S.A. § 2645 or as amended.