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Subchapter 002: MEETINGS, ELECTION, AND OFFICERS
§ 2. Annual meeting
The annual meeting of the corporation shall be held each year on the date, at the
time, and at the location as the Village trustees may determine. Notice of which shall
be posted at three public places in the Village, at least 10 days previous to the
meeting, which notice shall be signed by the Clerk of the corporation and, in case
of the Clerk’s failure, by the trustees, and for want of the trustees, by a majority
of the justices of the peace residing in the Village, who shall give notice of the
first meeting and organize the same; and whenever five percent of the legal voters
of the corporation shall so request, upon the Clerk’s neglect or refusal, the trustees
may call a special meeting of the corporation, giving like notice of the same, and
specifying in the notice the object of the meeting; and at the meeting none but inhabitants
qualified by law to vote in Town meetings in the Town, and who shall have resided
for one year within the bounds herein or hereinafter described and established for
the Village, shall be entitled to vote. (Added 1886, No. 195, § 2; amended 1923, No. 195, § 2; 2007, No. M-22 (Adj. Sess.), § 2, eff. May 19, 2008; 2009, No. M-15 (Adj. Sess.), § 2, eff. March 18, 2010.)
§ 3. Officers
(a) At every annual meeting, the corporation shall, by ballot, if called for, elect for
the ensuing year, and until their successors shall be chosen, a Moderator, who shall
preside at all meetings of the corporation, with the powers of a moderator at town
meetings; a Clerk, who shall keep a record of all proceedings of the corporation,
with power to certify copies of the same, and who shall perform the usual duties of
clerk; a Treasurer, who shall be sworn, and who shall discharge the usual duties of
the office, and give bond in the sum as the corporation shall direct for the faithful
performance of the same; subject to the bylaws and ordinances of the Village.
(b) The Village may elect such other officers, and enact bylaws, not repugnant to the
laws of this State, as the public interest may require, provided that if the annual
meeting shall fail to be held for want of the notice mentioned, or for any other cause,
the corporation shall not be prejudiced; and the several officers may at any time
thereafter be elected at a special meeting called for that purpose as provided.
(c) The officers of the corporation shall be elected from among the legal voters of the
Village. If an officer, during his or her term, ceases to be a legal voter of the
Village, his or her office shall be declared vacant by the Board of Trustees. If a
vacancy occurs in an office for any cause other than the expiration of a term, the
trustees of the Village shall fill the vacancy by appointment until the next annual
meeting of the Village.
(d) Any elected Village officer may be removed from office subject to the following conditions
and procedures:
(1) There is filed with the Village Clerk a written petition signed by not less than 30
percent of the registered voters of the Village seeking the removal of the Village
officer.
(2) There shall be held thereafter and within 45 days after the filing of the petition
with the Village Clerk a special Village meeting for the purpose of voting on the
removal of the Village officer.
(3) If two-thirds of the votes cast at the special Village meeting result in an affirmative
vote to remove the Village officer, the Village officer shall cease to hold that office
and the office shall be considered to be vacant at the conclusion of the affirmative
vote.
(4) The vacancy shall be filled as provided by law and this charter.
(e) Only one petition for removal may be filed against any given Village officer during
any 12-month period of his or her term of office. (Added 1886, No. 195, § 3; amended 1890, No. 87, § 8; 1896, No. 157, § 6, 7; 1898, No. 190, § 1; 1906, No. 266, § 3; 1909, No. 265, § 1; 1923, No. 196, § 1; 1987, No. M-26 (Adj Sess.), § 2; 1989, No. M-2, § 1; 2007, No. M-22 (Adj. Sess.), § 3, eff. May 19, 2008.)
§ 4. Board of Trustees
(a) There shall be a Board of five Trustees to manage the affairs of the corporation with
the necessary powers for that purpose to exercise such general powers of their office
within the Village limits as are applicable to the selectboard in town affairs as
provided by the statutes of the State, to act as and to exercise the powers of the
Board of Water and Light Commissioners and to exercise such other powers as may be
provided by the act of incorporation, as amended.
(b) At each annual meeting, the corporation shall elect, by ballot, such number of trustees
for three-year terms as there are trustees whose terms expire in the year in which
the annual meeting is held. Each trustee shall hold office until his or her successor
is duly elected and qualified.
(c) Trustees shall be elected from among the legal voters of the Village. If a trustee
during his or her term ceases to be a legal voter of the Village, his or her office
shall be declared vacant by the Board of Trustees.
(d) If a vacancy occurs in the Board of Trustees for any cause other than the expiration
of a term, the remaining trustees shall fill the vacancy by appointment until the
next annual meeting of the Village, at which meeting the Village shall elect a trustee
for the unexpired term.
(e) The Board of Trustees may appoint and employ a Village Manager for a term not exceeding
three years for a salary and upon such other conditions as the Board may fix. The
Village Manager may have the powers available to a manager under the statutes of the
State as the Board may designate from time to time.
(f) The Board of Trustees shall appoint a Collector for such term not exceeding three
years as the Board may fix. The Village Manager, if any, may be appointed Collector.
The Collector shall be sworn, shall discharge the usual duties of such office, and
shall give a bond in such sum as the Board of Trustees shall direct for the faithful
performance of the office.
(g) Notwithstanding any other provision of the charter, the Board of Trustees exclusively
shall exercise the corporation’s power to make and amend bylaws and regulations, subject
to the provisions of 24 V.S.A. § 1973, as amended.
(h) The Board of Trustees may appoint outside independent auditors in addition to, but
not in lieu of, the auditors selected pursuant to this charter. Section 3 notwithstanding,
the outside independent auditors need not be legal voters of the Village. (Added 1886, No. 195 § 4; amended 1989, No. M-26, § 3.)
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Subchapter 009: WATER AND SEWERS
§ 14. Water supply; powers; eminent domain
The Village of Enosburg Falls shall have and exercise the following powers and functions:
to provide a supply of water for protection of the Village against fire, and for the
use of the inhabitants of the Village, and for other purposes; to establish, increase,
maintain, and repair reservoirs, aqueducts, water pipes, pipe lines, and other necessary
apparatus and installations for and in connection with the water supply; to preserve,
protect, operate, and maintain the same; to establish rates and charges for supplying
water to the users thereof, which power shall be exercised by the trustees of the
Village; and in the exercise of such powers, the Village may take and hold by gift,
purchase, or the right of eminent domain, within or without its corporate limits,
ponds, springs, streams, water sources, water rights, land, or easements in or over
land of individuals, associations, or corporations, and divert water from natural
channels into its water supply, or making therefor; but the Village shall not take,
otherwise than by gift, purchase, or devise, water or a spring of water that the owner
or other person having a vested right or interest therein or in the use thereof may
reasonably require for domestic or agricultural purposes. (Added 1890, No. 87, § 1; amended 1923 No. 197, § 1.)
§ 15. Water supply; takings
When the Village shall vote, in a meeting duly warned for that purpose, to provide
itself with a water supply, the trustees of the Village shall proceed to acquire the
same, and if the owner of any pond, spring, stream, water source, water right, land,
or easement in or over lands necessary for the public use and benefit in connection
with the water supply refuses to convey the same to the Village at a reasonable price,
or refuses to convey to the Village the right to damage or affect lands to such extent
as may be needed in the acquirement, use, or enjoyment of the water supply, also for
a reasonable price, the Village trustees may petition the Selectboard of the Town
of Enosburgh, setting forth that the taking of the pond, spring, stream, water source,
water right, land, or easement in or over lands is necessary for public use and benefit
in connection with the water supply; whereupon the Selectboard shall appoint a time
and place for hearing and give at least 10 days’ notice thereof in writing to all
persons interested, either personally or by the written notice left at the residence
of the owner or occupant of the lands, and, on hearing, shall determine the necessity
for the taking and shall ascertain the damages sustained by any interested persons,
and the damages agreed upon or assessed by the Selectboard, pursuant to the hearing,
shall be paid or tendered to the persons before possession is taken by the Village. (Added 1890, No. 87, § 2; amended 1923, No. 197, § 2.)
§ 16. Orders; recordation
Orders and proceedings of the Selectboard, under the provisions of section 15 of this
charter, be recorded in the office of the Clerk of the Town in which the property
against which the orders are directed is located. (Added 1890, No. 87, § 3; amended 1923, No. 197, § 3.)
§ 17. Damage award; appeal
If the owner of the pond, spring, stream, water source, water right, land, or easement
in or over lands does not accept the damage awarded by the Selectboard, then the Village
trustees may agree with the owner to refer the question of damages to one or more
disinterested persons, whose award shall be made in writing and shall be final. (Added 1923, No. 4.)
§ 18. Judicial review
If a person having an interest in a pond, spring, stream, water source, water right,
land, or easement in or over lands is dissatisfied with the action of the Selectboard,
either as to the necessity for taking or with the damages awarded therefor by it,
he or she may apply by petition to the Superior Court at its next stated term, if
there is sufficient time for notice, and, if not, the succeeding term; and any number
of persons aggrieved may join in the petition. The petition, with a citation, shall
be served on the trustees of the Village at least 12 days before the session of Court;
and the Court shall appoint three disinterested commissioners who shall inquire into
the necessity for taking of the ponds, springs, streams, water sources, water rights,
lands, or easements in or over lands; and as to the amount of damages sustained by
the persons interested therein. (Added 1890, No. 87, § 4; amended 1923, No. 197, § 5; 2007, No. M-22 (Adj. Sess.), § 7, eff. May 19, 2008.)
§ 19. Applicability of State law
To the extent not otherwise inconsistent with this charter, the provisions of Title
24, chapters 95 through 105, inclusive, shall apply. (Added 1890, No. 87, § 1; amended 1923 No. 197, § 6; 2007, No. M-22 (Adj. Sess.), § 8, eff. May 19, 2008.)
§ 20. Bylaws; water
The Village may, at any legally warned meeting, enact and adopt bylaws and regulations
concerning the management and use of an aqueduct, reservoirs, and appurtenances, not
inconsistent with law, as it may deem expedient, including the fixing and collecting
of water rates, and the exaction of bonds from the Collector of the rates for the
faithful discharge of the Collector’s duty, and the water commissioners are hereby
empowered to carry the bylaws and regulations into effect. (Added 1890, No. 87, § 5.)
§ 21. Malicious disturbance or interference
Any person who shall maliciously disturb or injure the aqueduct, reservoirs, springs,
stream, pond, or fountains, or any of the connecting appurtenances, enclosures, or
works thereof, or pollute the waters of the aqueduct, reservoirs, springs, stream,
pond, or fountains shall be liable to be prosecuted therefor by the Grand Juror of
the Town, or the State’s Attorney of the county wherein the offense shall be committed,
by information, complaint, or indictment, and on conviction thereof shall be fined
not more than $500.00 and costs of prosecution, and shall also be liable to the corporation
for all damages resulting to it by such disturbance or injury or pollution, with full
costs, to be recovered by an action on the case founded on this statute. (Added 1890, No. 87, § 11; amended 1989, No. M-26, § 5.)
§ 22. Water rights; leasing and selling
The Village may, at any legally warned meeting, authorize the water commissioners
to lease, dispose of, or sell upon terms fixed by the meeting, to any person, partnership,
or body corporate, or other company, any part or all of the rights and privileges
granted by this chapter to the Village, and any property acquired thereunder, to have
and to hold the same for the purpose of supplying the inhabitants of the Village with
water for fire, domestic, and other purposes; and the person, partnership, body corporate,
or company, and their assigns upon such lease, disposal, or sale, shall for the purpose
only succeed to the rights, privileges, and property so leased, disposed of, or sold,
subject to all the conditions herein named, but the Board of Water Commissioners herein
provided for shall be continued for carrying out and completing any proceedings under
this chapter hereafter needed. (Added 1890, No. 87, § 6.)
§ 23. Sewers and drains; construction and maintenance
Whenever the public health or convenience shall require the construction of a common
sewer or main drain in the Village of Enosburg Falls, the trustees of the Village,
upon the application in writing of five percent or more freeholders and lawful voters
of the Village, are hereby authorized and empowered to lay, make, and maintain such
common sewer or main drain and to repair the same from time to time when necessary. (Added 1892, No. 119, § 1; amended 2007, No. M-22 (Adj. Sess.), § 9, eff. May 19, 2008.)
§ 24. Sewers and drains; condemnation
The Village may take the land of individuals and corporations on making compensation
for the lands so taken; and the trustees shall proceed in the same manner as is prescribed
by law for selectboard members in taking land for public highways and in awarding
damages therefor; and the trustees shall make a return of their doings to the office
of the Clerk of the Village. (Added 1892, No. 119, § 1.)
§ 25. Sewer and drains; condemnation; appeal
(a) When any person shall be dissatisfied with the decision of the trustees in the award
for damages for land taken for a sewer or main drain, or in any assessment for contribution
for the same, the person may appeal by petition to the next stated term of Franklin
Superior Court for a reassessment of such damages or contribution, and any number
of persons aggrieved may join in the petition, but the petition and appeal shall not
delay the laying or repairing of the sewer or main drain. The petition and appeal
shall be served on the Clerk of the Village within 60 days next after the award of
damages or assessment for contribution shall be filed in the Clerk’s office, if there
be that many days before the next stated term of Franklin Superior Court; otherwise,
the petition and appeal shall be served on the Clerk before the commencement of the
next stated term of Court and shall be entered in the Court at that term.
(b) The proceedings shall be had on such petition and appeal in the Superior Court as
are provided for by law in 24 V.S.A. § 3415 and the laws of the State, except as herein provided, and the commissioners appointed
by the Superior Court to reexamine any assessment or contribution shall notify the
Clerk of the Village of the time and place when they will hear the matter. (Added 1892, No. 119, § 1; amended 2007, No. M-22 (Adj. Sess.), § 10, eff. May 19, 2008.)
§ 26. Sewers and drains; assessment
(a) Every person whose particular drain shall enter into any sewer or main drain or who
in the opinion of the trustees shall receive benefit thereby for draining the person’s
premises, including all owners of buildings, lands, or premises adjacent to or abutting
on any street or streets along which the sewer or main drain shall be laid, shall
be liable to contribute a just share for the benefits received toward the expenses
of laying and constructing the sewer or main drain and shall be assessed therefor
by the trustees; and six days’ notice in writing of time and place of the assessment
for the contribution shall be given to the person, the person’s agent, tenant, or
lessee; or in their or either of their absence, at their last and usual place of abode
in the Village; and if the person has no known tenant or lessee, then a copy of the
notice shall be left in the Town Clerk’s office of the Town of Enosburgh for the person;
and a certificate of the assessment shall be left with the Clerk of the Village of
Enosburg Falls and recorded by the Clerk and, when so recorded, the amount assessed
shall be and remain a lien in the nature of a tax upon the lands assessed until paid;
and if the owner of the lands shall neglect for 60 days after the final decision of
the trustees, or final decision in case of petition and appeal to the Superior Court,
to pay to the Village Treasurer the amount of such assessment, the trustees shall
issue their warrant for the collection of the same, directed to the Village Collector
of Taxes, who shall have authority to sell at public auction so much of the lands
as will satisfy the assessment and all legal fees and who shall proceed in the same
manner as collectors of town taxes are required by law to proceed in selling real
estate at auction for the collection of town taxes, or the trustees’ warrant for the
collection of the assessment may run against the goods, chattels, or estate of the
delinquent, and shall be executed accordingly.
(b) If in the judgment of the trustees it would be unjust to make an assessment for contribution
upon such persons sufficient to pay the full expense of laying and constructing the
sewer or main drain, the trustees shall assess the persons for an amount as they deem
equitable and just under all the circumstances, and the balance of the expense, if
any, shall be paid by a tax on the grand list of the Village. (Added 1892, No. 119, § 1; amended 1894 No. 178, § 2; 2007, No. M-22 (Adj. (Sess.), § 11, eff. May 19, 2008.)
§ 27. Sewer and drains; abutting landowners
Whenever in the judgment of the trustees, the public health, convenience, or sanitary
condition of the Village renders it necessary, the Village may require any abutting
or adjacent property holder to construct a suitable sewer or drain from the abutting
or adjacent premises and suitably connect the same with the main sewer or drain, or
they may require that any sewer or drain already constructed be so connected with
the main sewer or drain and if, after 30 days’ notice in writing to the abutting or
adjacent property holder of the requirement, he or she neglects to construct and connect
a sewer or drain, or connect an already constructed sewer or drain with the main sewer
or drain, the trustees may construct and connect such sewer or drain, or connect an
already constructed sewer or drain with the main sewer or drain, assessing therefor
the actual cost of so doing against the property and the property holder, which shall
be a lien upon the premises and shall be enforced and collected in the same manner
as is hereinbefore provided for the enforcement and collection of assessments for
benefits; and any property holder shall have the same right of petition and appeal
as is also hereinbefore provided in case of the assessments. (Added 1892, No. 119, § 2.)
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Subchapter 010: ELECTRICITY
§ 28. Electric light plant; purchase; operation
The incorporated Village of Enosburg Falls is hereby authorized and empowered to acquire,
purchase, own, construct, maintain, and operate plants for generating of electricity,
transmission and distribution lines, or any or all of such things, for the purpose
of lighting the streets, walks, public grounds, and public buildings of the Village,
and the Village may furnish and sell for public or private use electric light, heat,
or both, and electric power to parties residing within or without the corporate limits
of the Village upon such terms and subject to such regulations as may be fixed by
the Village trustees or agreed upon between the contracting parties. The charges and
rates for electric service shall be a lien on real estate, wherever located, furnished
with the service in the same manner and to the same effect as taxes are a lien upon
real property under 32 V.S.A. § 5061. The owner of the property, furnished with electric service, wherever located, shall
be liable for the charges and rates. The Village Clerk shall file in the land records
in the Town in which the property is located a notice of delinquency for all unpaid
charges, to be indexed under the name of the property owner, regardless of whether
an agreement has been made for the repayment of the charges. The lien provided for
in this section shall be released only upon receipt of payment in full for all outstanding
charges, interest, and late fees in the amount of eight percent of the delinquent
charges. (Added 1890, No. 87, § 10; amended 1896, No. 157, § 1; 1935, No. 247, § 1; 2007, No. M-22 (Adj. Sess.), § 12, eff. May 19, 2008.)
§ 29. Electric light plant; damages
In the event the Village and any owner of land over which it may be desirable to pass
with the poles and wires of a plant or that the Village may need for the operation
of the plant cannot agree upon the damages to be paid to the owner for the passage
or right-of-way, and the owner is a minor, a person who lacks capacity to protect
his or her interests due to a mental condition or psychiatric disability, or out of
State, or otherwise incapable to sell and convey, the same proceedings shall be had
for assessing such damages as are provided for compensating the owners of water or
lands taken for the construction and maintenance of a water plant for the Village. (Added 1896, No. 157, § 1; amended 2013, No. 96 (Adj. Sess.), § 169.)
§ 30. Malicious disturbance or interference
Any person who shall maliciously interfere with or injure the electric light wires,
lamps, connections, or appurtenances shall be liable to be prosecuted therefor by
the Grand Juror of the Town or the State’s Attorney of the county wherein the offense
shall be committed, by information, complaint, or indictment, and on conviction thereof
shall be fined not less than $5.00, nor more than $500.00 and costs of prosecution,
and shall also be liable to the corporation for all damages resulting to it by such
disturbance or injury or pollution, with full costs to be recovered by an action on
the case founded on this statute. (Added 1890, No. 87, § 11; amended 1989, No. M-26, § 5.)
§ 31. Electric and gas plants; bonding
When authorized by a majority of all the voters voting at a regular or special meeting
of the Village, the Village may issue and sell its negotiable bonds to an amount not
exceeding the amount authorized by the meeting for the purpose of purchasing, constructing,
establishing, maintaining, and operating an electric plant, electric transmission
and distribution lines, and a gas plant and pipe lines, or for any or all of such
purposes, or for additions thereto or any part thereof, as may be necessary from time
to time. The warning calling the meeting shall state the object and purpose for which
the indebtedness is proposed to be incurred, the estimated cost of the improvements,
the amount of bonds proposed to be issued therefor, and the maximum rate of interest
to be paid, and shall fix the place where and the date on which such meeting shall
be held. The vote shall be by ballot. (Added 1935, No. 247, § 2.)
§ 32. Village indebtedness
Any bonds issued for the purposes herein specified shall not be taken into account
in determining the amount of the indebtedness that the Village is permitted to incur. (Added 1935, No. 247, § 3.)
§ 33. Borrowing; authorization
The Village is also authorized and empowered to borrow money from time to time as
may be necessary to enable it to carry on and complete the work and for paying current
indebtedness incurred in connection with its electric plant, transmission, and distribution
lines, and for such purpose may levy and collect such taxes upon the ratable estate
of the Village as may be necessary. (Added 1935, No. 247, § 4.)
§ 34. Bonds; denominations
The trustees of the Village shall determine the denomination of the bonds, the rate
of interest, the time and place of payment, and the form of such bond to be used.
When such bonds are to be registered, they shall be registered in the manner as prescribed
by the trustees of the Village. The bonds issued under this charter shall be sold
to the highest bidder after being advertised for sale in such manner as the trustees
of the Village may determine. (Added 1935, No. 247, § 5.)
§ 35. Bonds; authorization
Each of the bonds shall be signed by the trustees of the Village and countersigned
by the Treasurer. The bonds shall contain on the face thereof a statement of the
authority conferred by this chapter and of the vote of the Village authorizing the
issue thereof, and the same shall be conclusive evidence of the fact of the liability
of the Village to a bona fide holder thereof. (Added 1935, No. 247, § 6.)