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Subchapter 001: TRANSITIONAL PROVISIONS
§ 1. Merger of the Village and Town
At midnight at the end of July 9, 1986, the Village of Proctorsville shall merge into
the Town of Cavendish, and the Village of Proctorsville shall, except as hereinafter
provided, cease to exist as a political entity or body corporate, and the merged shall
hereinafter be known as the Town of Cavendish.
§ 2. Properties transferred and liabilities assumed
(a) Upon the merger specified in section one of this charter, all the lands, buildings,
easements, funds, uncollected taxes, monies, street lights, and other property of
the Village of Proctorsville, of any description, except as hereinafter provided,
shall become vested in and become the property of the Town of Cavendish, and all indebtedness,
bonded and otherwise, of the Village of Proctorsville shall be assumed by the Town
of Cavendish, without any further act, deed, or instrument being necessary.
(b) Upon the merger specified in section one of this charter, the lands described as Greven
Field, five acres, more or less, and the Main Street Fire Hall, so-called in the Village
of Proctorsville and no other land, shall be retained and vested in the independent
Proctorsville Fire District, to be established simultaneously with this merger by
petition pursuant to the dictates of 20 V.S.A. chapter 171.
§ 3. Properties held in trust
Any and all properties held in trust by the trustees of the Village of Proctorsville,
or any officer thereof, shall become vested in the Selectboard of the Town of Cavendish
and its successors, or in the respective officer of the Town and the officer’s successor,
as the case may be, and shall continue to be held in trust for the same uses as before
the merger, all without any further act, deed, or instrument being necessary.
§ 4. Settling the affairs of the Village of Proctorsville
Prior to the merger, the officers of the Village of Proctorsville shall settle so
far as possible their financial affairs and shall except as hereinafter provided,
on said date, turn over and deliver to the Clerk of the Town of Cavendish all records,
books, and documents of the Village of Proctorsville, and to the proper officers of
the Town all property of the Village of Proctorsville, except the heretofore noted
property of the independent Proctorsville Fire District.
§ 5. Finances
With the exception of special service funds as provided in section 29 of this charter,
the funds of the Village of Proctorsville shall be added to the General Fund of the
Town of Cavendish.
§ 6. Water rates
(a) All water rates of the Village of Proctorsville in effect at the time of merger shall
continue in effect until changed by the Selectboard of the Town of Cavendish. All
costs of the Water Department shall be paid by the users.
(b) Annual water charges shall be at a rate sufficient to cover annual expenditures, adequate
reserves, temporary indebtedness, and the amortizing of bonded indebtedness and interest.
§ 7. Existing ordinances; municipal maps; regulations
(a) The Town Plan, zoning regulations, subdivision regulations, and official maps of the
Town of Cavendish and the Village of Proctorsville, as they exist or may exist, all
as contemplated by the Vermont Planning and Development Act, shall become and be the
Town Plan, zoning regulations, subdivision regulations, and official maps of the Town
of Cavendish, as merged.
(b) All rules, ordinances, regulations, and bylaws for the Village of Proctorsville, if
any, in effect on the day before the merger shall become and continue in full force
and effect as rules, ordinances, regulations, and bylaws of the Town of Cavendish,
for the respective area presently involved, unless in conflict with rules, ordinances,
regulations, and bylaws of the Town of Cavendish already existing, until lawfully
amended or repealed.
(c) Whenever a power is granted by any such rule, ordinance, regulation, or bylaw to an
officer of the Village of Proctorsville, such power is conferred hereby upon the appropriate
officer of the Town of Cavendish.
§ 8. Election of Selectboard
Town Selectboard members in office at the date of adoption of the merger shall continue
in office until the end of their respective terms. Village trustees in office at
the date of adoption of the merger shall cease to serve as trustees. No further trustees
shall be elected.
§ 9. Votes required for effect
All sections of this plan of merger shall take effect if this plan is approved as
follows:
(1) by majority vote of the Town of Cavendish, which includes all qualified voters of
the Town; and
(2) by majority vote of the Village of Proctorsville, which includes all qualified voters
of the Village; and
(3) by compliance with the terms of 24 V.S.A. chapter 49.
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Subchapter 002: POWERS, STRUCTURE, AND AUTHORITY OF THE TOWN
§ 21. Applicability of general law
(a) All provisions of the Constitution and general laws of the State of Vermont relating
to towns and their officers shall apply to the Town of Cavendish.
(b) The Town of Cavendish shall have all the powers now or hereafter conferred upon towns
and villages by the Constitution and general laws of the State of Vermont.
(c) The form, function, powers, and administration of the Town government of the Town
of Cavendish shall not and will not be altered, changed, or amended under the terms
of this plan of merger.
§ 22. Officers
(a) The Town of Cavendish shall have the officers as provided for towns by general laws
except as provided by this section. Such officers shall have all the powers and duties
necessary to carry out the provisions of this merger as well as those provided by
law.
(b) Those Town officers that are elected in the Town of Cavendish shall continue to be
elected and no provision of this merger will alter or amend their status, standing,
or term of office.
(c) The Town of Cavendish shall continue to have five Selectboard members who shall be
elected for the following terms: three for three years and two for one year terms.
Such Selectboard members shall have all the power and authority given to and perform
all duties required of Town legislative bodies or Selectboards under the Constitution
and laws of the State of Vermont. The Selectboard members as presently constituted
in the Town of Cavendish will continue in office for their respective terms as the
Selectboard under the provisions of this merger.
(d) The Selectboard shall determine its own rules and procedures but in compliance with
pertinent laws of the State of Vermont. The Selectboard may elect its own Chair.
(e) Without limiting any of its duly vested powers and authority, the Selectboard shall
continue to have those powers and duties as conferred by law.
§ 23. Town Manager system
Until and unless the Town of Cavendish shall reject the same by a majority vote of
the legal voters, present and voting at an annual meeting, the Town of Cavendish shall
take advantage of the provisions of 24 V.S.A. chapter 37, and the Selectboard shall continue with the appointed Town Manager system of government.
§ 24. Powers and functions
(a) The Town shall have the authority to exercise all powers relating to municipal affairs
conferred and granted by law, including those implied powers necessary to effectuate
and execute granted powers.
(b) Without limiting any of its duly vested powers and authority, the Town of Cavendish
may exercise those powers conferred by law.
§ 25. Ordinances
Any rule, ordinance, regulation, or bylaw of the Town of Cavendish may apply to a
limited area and not the whole Town, notwithstanding that the ordinance, rule, or
regulation might also have been applied to another area or areas within the Town.
§ 26. Fire prevention
For the prevention and control of fires, the Town of Cavendish may function with volunteer
firefighter districts. At present there are two: one in the Proctorsville Village
area, to be established by petition as an independent fire district as prescribed
by 20 V.S.A. chapter 171, and one in Cavendish known as Fire District No. 2. Each group shall choose its
own Chief and other officers and hold its own meetings, as well as service its own
geographic district. Each district shall propose and ratify its own budget and duly
administer and collect the same through a fire district tax pursuant to statute.
§ 27. Water and Sewer Departments
Control and management of the Village water system and Town water and sewer systems
shall be vested in the Town, subject to all indebtedness and liabilities relating
thereto; provided, however, that administration of the systems and payment of existing
liabilities relating thereto shall be as specifically provided for in this merger.
§ 28. Street lights
The cost for power for all public street lighting shall be paid from the General Fund
of the Town of Cavendish.
§ 29. Special districts
(a) According to law, the Selectboard may designate areas apart from the rest of the Town
as a special service district and may provide that the area of the voters therein
shall be provided with special services not common to all the voters of the Town,
provided that the majority of the voters residing in the respective designated areas
are present and voting at a special district meeting on the subject shall have approved
of such resolution.
(b) Such areas shall be reasonable geographically, taking into account the areas and persons
actually benefited, the types of services to be provided, and the fact that the efficiency
of providing multiple services in a single, special service district might outweigh
the fact that the areas and voters benefiting from the respective services might not
coincide exactly. All costs required to support a given special service shall be
paid for by the taxpayers receiving the service, by a tax on the grand list in the
special service district involved, to be assessed annually by the Selectboard, or
in such other manner as the Selectboard determines. If the costs are to be paid by
a tax, the tax shall be paid and collected in the same manner as other taxes, and
the tax assessed on any part of the grand list shall be in lien thereon. All funds
of any special service shall be kept in a special fund, no part of which may be used
for any other purpose.
(c) The warning for each annual or special district meeting may contain appropriate articles
under which the legal voters residing at any special service district may separately
vote.
§ 30. Voting procedures for annual water and sewer expenses and extensions
(a) The Selectboard shall propose and adopt annual budgets for water and sewer to defray
necessary expenses and thereafter set rates for users to pay the same.
(b) In case of future extension of water or sewer lines and to presently unserved areas
where bonding or temporary costs are to be assumed by the Town, all legal Town voters
shall be eligible to vote on the project.
(c) In all cases where bonding is required, all legal voters of the Town may vote on the
bond issue.
§ 31. Special funds
(a) The Town Treasurer shall keep all money in a special fund in an account or accounts
separate from that of any other special fund and from those of the other Town funds,
and shall honor no warrant upon it except for the purpose thereof as heretofore enumerated.
(b) Any person who shall pay or cause to be paid any portion of any special fund for any
purpose other than as herein specified shall forfeit to the Town for the benefit of
such special fund twice the amount so paid to be recovered in a civil action of this
section. It shall be the duty of the Town Agent to defend and prosecute suits and
to bring an action to collect the forfeiture. In case such person is bonded, the
bondsman shall be joined with the person in such action, provided such bondsman is
within the jurisdiction of the State of Vermont.