The Vermont Statutes Online
§ 237-1. Village boundaries
(a) The ratable and all other estate in the Town of Lyndon, in the County of Caledonia, included within the following boundaries, is hereby incorporated and shall hereafter be known as the Village of Lyndonville:
Beginning at a point on the easterly bank of the Passumpsic River on the south line of the old Daniel Emery Farm, so-called;
Thence easterly on the southerly line of the said Emery Farm to the easterly boundary line of the said Emery Farm;
Thence northerly on the easterly line of land formerly owned by W. H. Hoyt and on the easterly line of land owned, or formerly owned, by the Town of Lyndon and in continuation of the said easterly line of the said land of, or formerly of, the Town of Lyndon across the highway and across land formerly owned by J. A. Fletcher and Harris Allen to the north line of the land formerly owned by the said Harris Allen;
Thence westerly on the northerly line of the said land formerly owned by the said Harris Allen to the northwest corner thereof;
Thence west to the Passumpsic River;
Thence following the easterly bank of the Passumpsic River to the place of beginning.
(b) Meaning to include by the foregoing description all the land and territory, no more and no less, embraced within the limits specified in a former charter of said Village, being No. 210 of the Acts of 1880, as amended by No. 181 of the Acts of 1900.
(c) The inhabitants within these bounds are hereby constituted a body politic and corporate, with all the usual powers incident to public corporations, to be known by the name of the Village of Lyndonville.
§ 237-2. Alteration of Village boundaries
The inhabitants of said Village may alter the bounds of said Village with the written consent of the persons owning real estate which will be included or excluded thereby, such written consent and alteration being first recorded in the office of the Town Clerk of the Town of Lyndon, and with the approval of the Town of Lyndon as evidenced by the majority vote of said Town in Town meeting duly warned therefor. If the Town of Lyndon votes such approval said consent, alteration, and the vote of the Town of Lyndon shall be recorded in the office of the Clerk of said Village, and upon such recording, the alterations in the bounds of said Village so made shall become effective.
§ 237-3. General corporate powers
Said Village shall have and is hereby granted the authority to exercise all powers relating to municipal affairs and no enumeration of powers in this act shall be deemed to limit or restrict the general grant of authority hereby conferred; but this grant of authority shall not be deemed to limit the authority of the Legislature to alter, amend, or repeal this charter; or to limit the right to hereafter pass general laws applicable alike to this and all other municipal corporations of the State; nor shall this grant of authority be deemed to limit the patronage or control of the State with respect to said Village.
§ 237-4. Specific corporate powers
The generality of the preceding section and the grant of the powers therein made, but as a more specific designation of some of the powers conferred upon said Village, the Village of Lyndonville has authority:
(a) To levy, assess, and collect taxes, in order to carry out its powers; to appropriate and to borrow money, within the limits prescribed by the general laws; and to levy and collect special assessments for benefits conferred.
(b) To purchase, hold, and convey real and personal property and to purchase, erect, and keep in repair buildings and other structures for Village purposes; to furnish all local public services; to purchase, hire, construct, own, maintain, and operate, or lease local public utilities, including aqueducts, reservoirs, a water supply system, and an electric light and power system; to acquire, by condemnation or otherwise, within or without the corporate limits, property necessary for any such public utility and other Village purposes, subject to restrictions imposed by the general laws; to purchase common or preferred stock in the Vermont Yankee Nuclear Power Corporation. Purchase shall not be made unless approved by two-thirds of the voters present and voting at a meeting duly called for that purpose. Where the stock so purchased enjoys voting rights, an agent to vote the stock shall be appointed by the Board of Village Trustees, and where it is known what matters shall be the subject of a given meeting of the stockholders, the Board of Trustees may, in its discretion, vote on those matters, and require the agent to vote the stock in accordance with its vote.
(c) To make local public improvements and to acquire, by condemnation or otherwise, property within its corporate limits necessary for such improvements; and also to acquire an excess over that needed for any such improvement, and to sell or lease such excess property with restrictions, in order to protect and preserve the improvement.
(d) To issue and sell bonds as permitted by the laws of this State with or without specific security therefor. The Village of Lyndonville may pledge its credit and issue its bonds to obtain funds for the purchase of stock in the Vermont Yankee Nuclear Power Corporation. The amount of the bonds issued for such purpose shall not be considered in computing any debt limit applicable to the Village of Lyndonville, and the bonds shall be issued in accordance with 24 V.S.A. §§ 1781-1785.
(e) To purchase or lease lands within or without the corporate limits of the Village; to lay out, alter, and discontinue streets, highways, lanes, commons, alleys, and walks; to provide places of healthy recreation in summer or in winter such as a skating rink, a swimming pool, a playing field, a public park; to provide for and maintain tourist camp sites, airports, aviation landing fields, a municipal forest reserve, and all other municipal undertakings and services authorized by law.
(f) To adopt and enforce within its limits building, police, sanitary, zoning, Village planning and other similar regulations and ordinances, not in conflict with the general laws.
(g) Subject always to the Constitution and the laws of this State and of the United States and to the limitations of section 3, to enact, adopt, repeal, alter, or amend ordinances, bylaws, and other regulations respecting the following matters within the Village limits:
(1) The sale and measurement of milk and dairy products, meats, fruits, provisions, vegetables, hay, grain, petroleum products of all kinds, wood, coal, fuels, and all other articles of public necessity.
(2) The construction, establishment, location, use, operation, and the licensing of hay scales; markets dealing in meat, fish, and food stuffs of all kinds; slaughter houses; groceries; restaurants, taverns, cafes, and other eating establishments; inns and hotels; manufacturing establishments; junk businesses; advertising bill boards; overhanging signs, street awnings; lunch carts; billiard and pool rooms; all places where beverages of any kind are sold or disposed of, either at wholesale or retail; public halls, theatres; dance halls; bowling alleys; moving picture houses; all places where tobacco, cigars, and cigarettes are sold or disposed of; blacksmith shops; trucking depots, stands, and other trucking establishments; public garages; repair shops; brick yards; stone sheds; cattle pens; hog pens; hen yards, poultry houses; coal sheds: dairies; laundries; dyeing establishments; garbage plants; gas works; wells, stables, gasoline, and oil storage tanks; gasoline filling stations; cess pools; skating rinks; privies; private drains; sewers; and public dumps.
(3) The suppression of nuisances, bawdy houses, gaming houses, all descriptions of gaming, gambling instruments, and devices of all kinds, noisome and offensive places and occupations; loafing, obscenity and ribaldry in public places; vagrancy, riots, disorderly assemblages, disturbances, noises, and breaches of the peace.
(4) The manufacture, keeping, and storage of gunpowder, dynamite, and explosives of all kinds, ashes, lime, matches, hay, fire works, and other combustible materials; the employment of buildings in thickly settled places for hazardous purposes; the protection of buildings against fire by precautionary measures and inspection; the maintenance, repair, and replacement of stovepipes, furnaces, fire places, chimneys, electric wires, electrical apparatus, and all other instrumentalities capable of causing damage by fire; the erection of buildings and fences; the use of fire proof materials and methods of construction in the erection of buildings within certain fire limits as designated and prescribed by the Village ordinances.
(5) The taxing, licensing, and regulation of circuses, carnivals, concessions, parades, traveling show men, plays, exhibitions, motion pictures, entertainments, shows, theatres, billiard and pool rooms, bowling alleys, dancing, skating, boxing and wrestling matches, professional and amateur sports, pinball machines, slot machines, games of chance and machines operated for sport or amusement, games open to the public for participation in which a fee or other consideration is charged, pools, lotteries, and any and all forms of public amusements.
(6) Vagrants, mendicants, clairvoyants, fortune tellers, spiritualists, mediums, peddlers, itinerant vendors, pawn brokers, transient business establishments, transient auctioneers, transient showman, musicians, and fakirs.
(7) The fast driving of horses, mules, and other animals; cruelty to animals; the blanketing and covering of horses and other domestic animals exposed to severe weather; the use of sick, lame, or otherwise disabled domestic animals; the running at large of animals and the keeping of bees.
(8) The construction of public drains under such inspection, ordinances, and regulations as the trustees of the Village may adopt.
(9) The operation, use, and management of the water supply system and the electric light and power systems of said Village.
(10) The erection of poles and the placing of wires, cables, pipes, and electrical conduits, and the use of the same; the suspension, putting up, or removal of any sign or awning in or over any street, alley, highway, walk, park, common, or other public place; the clearing, repairing and improvement of streets, alleys, highways, parks, commons and other public places, and the use of the same; the planting, preservation, maintenance, and removal of shade and other trees; and the prohibiting and punishing of damage or injury to the same; the use of rockets, squibs, firecrackers, and all other fireworks in public places; preventing the practice of any amusement in any public place tending to injure or annoy any person therein or to endanger the security of property; coasting or skiing on all public places; the removal of snow, ice, garbage, refuse, and dirt from sidewalks and gutters by the owners or occupants of the premises upon which such sidewalks and gutters abut; and the cutting and removal of grass, thistles, or weeds growing or being on such sidewalks and gutters by such owners and occupants. The regulation of pedestrian and vehicular traffic, parking, the erection and maintenance of guide posts, street signs, street safety devices; the regulation of taxi cabs, other vehicles, and animals used in the transportation or conveyance of persons or goods for hire.
§ 237-5. Annual meeting
The annual meeting of said Village shall be held on the third Tuesday in March, at such hour as the notice hereinafter mentioned shall state, in the Village Hall in said Village or at such other hour and place as said corporation shall hereafter appoint, notice of which, together with a statement of the business to be transacted, shall be posted in four public places in said Village at least 10 days previous to said meeting, which notice shall be signed by the Clerk of said corporation, and in case of his or her failure to act or call such meeting, by the trustees, and for want of such trustees, by a majority of the justices of the peace residing in said Village; and whenever 20 legal voters of said Village shall so request by petition in writing the trustees shall call a special meeting of said corporation giving like notice of the same and specifying in said notice the object of said meeting; and at all Village meetings none but those persons who reside within the Village limits and are legal voters in Town meeting in the Town of Lyndon shall be entitled to vote.
§ 237-6. Election of officers
The elective officers of the Village shall be a Moderator, a Clerk, a Treasurer, a Collector of Taxes, five trustees, a Village Attorney and legal agent, and three auditors. All of the elective officers shall be elected at the annual meeting for a term of one year, except that in the case of the trustees, the term of office shall be five years, and in the case of the auditors, the term of office shall be three years, one such officer to be elected at each annual meeting. All of the Village officers shall hold office until their successors are chosen and qualified. The Village at a special meeting may fill a vacancy in any Village office for the unexpired term. When a vacancy occurs in any office the trustees may fill forthwith such vacancy by appointment in writing until an election is had. Such appointment shall be filed by them in the office of the Village Clerk and duly recorded by him or her in the Village records.
§ 237-7. Moderator
The Moderator shall preside at all Village meetings and shall be invested with the powers of a moderator in town meetings.
§ 237-8. Clerk
The Clerk shall keep fair and accurate record of all called Village meetings, meetings of the Village trustees, and other proceedings of the Village, and he or she shall give copies thereof when requested. He or she shall have exclusive custody of the Village records and papers, which shall not be taken from his or her office unless upon the order or process of a court of competent jurisdiction, and his or her records, copies, and certificates shall be as legally authoritative as those of town clerks, and he or she shall have power to certify the same. It shall be the Clerk's duty to warn special Village meetings agreeably to the directions of the trustees or a majority of them, and all annual Village meetings by posting notices of the time and place of said meetings in four public places at least 10 days previous to said meetings together with a statement of the business to be transacted therein. Any meeting of said Village may be adjourned, and any business may be transacted at said adjourned meeting which might under the warning have been transacted at the original meeting. The ordinances and regulations of said Village shall be recorded in the office of the Clerk of said Village, and the Clerk's certificate that such ordinances and regulations of said Village were adopted at a meeting of the trustees called and held for that purpose shall be prima facie evidence of such fact in any court in this State, and certified copies of said bylaws, ordinances, and regulations and Clerk's certificates shall also be received as evidence in all courts in this State. The Clerk of said Village shall perform the usual duties of a clerk, and he or she shall have the same powers and be subject to the same liabilities as are prescribed by the general laws for town clerks.
§ 237-9. Treasurer
The Village Treasurer shall discharge the usual duties of such office, and shall have the same powers and be subject to the same liabilities as are prescribed by the general laws for town treasurers.
§ 237-10. Collector of Taxes
The Village Collector of Taxes shall discharge the usual duties of such office, and shall have the same powers and be subject to the same liabilities as are prescribed by the general law for town collectors of taxes.
§ 237-11. Bonds, Treasurer and Collector of Taxes
The Treasurer and Collector of Taxes of the Village shall severally give bonds for the faithful performance of their duties in such sums as the Trustees shall direct.
§ 237-12. Auditors
The auditors of said Village shall settle the accounts of the Treasurer, trustees, and Collector of Taxes, and shall make an annual report in writing, and no account shall be allowed by such auditors without the production of proper vouchers therefor.
§ 237-13. Trustees
The trustees shall be the governing board of the Village, and shall have power to enact, adopt, amend, alter, or repeal ordinances and regulations not repugnant to the Constitution and laws of this State and of the United States, or to the charter of said Village, and to enforce the same by fine, penalty, forfeiture, or any other proper remedy, and shall have such other powers as are stated in this charter. The trustees shall have the general care of the affairs of said Village, shall assess all taxes required by law or by vote of said Village, and shall direct the expenditure of all moneys belonging to said Village, and shall draw orders upon the Treasurer for all moneys disbursed by them, and generally shall perform all duties legally enjoined by them by said Village. All powers vested in said trustees may be exercised by a majority of them.
§ 237-14. Chief Engineer
The Chief Engineer of the Fire Department and his or her assistants shall be ex officio fire wardens of said Village, and the duties of said Engineer shall be such as may be prescribed by the bylaws, ordinances, and regulations of said Village. The Chief Engineer, and in his or her absence the acting chief designated by the Trustees, shall have charge of all machines and apparatus within the Village for the prevention and extinguishment of fires. On the occasion of any fire in the Village, he or she shall have control of both the regular Fire Department and all volunteer fire companies, and may demand the assistance of any person present in order to extinguish such fire; he or she shall have the power to cause to be pulled down, blown-up, or removed any building which he or she may deem necessary for the suppression, or to prevent the extension, of such fire, and neither he or she , nor anyone obeying his or her orders, shall be liable personally for any property damage done thereby; he or she may work in conjunction with the Building Inspector, as the trustees may direct, and may have the authority of the Building Inspector in the discretion of the trustees. The engineers when on duty shall wear conspicuously on their person a badge of office with their respective rank inscribed thereon, without which no person shall be bound to obey their directions.
§ 237-15. Trustees; appointments
The trustees shall have authority to appoint annually and to prescribe the duties of a Chief of Police and police officers; of a Chief Engineer of the Fire Department and the assistant engineers; of the superintendents of the Village departments; of a Building Inspector; and of such other Village officials as they may judge necessary for the welfare of the Village; and the number of police officers, engineers, and Village firemen and other employees shall be within the discretion of the said trustees. Such of these officers as the trustees may direct shall be qualified by taking appropriate oaths of office, and their appointments and the certificates of their oaths shall be recorded by the Village Clerk. Said appointments may be revoked at the pleasure of the trustees, and the trustees may make rules and regulations governing the activities of these officers and of all other Village employees.
§ 237-16. Police officers
The police officers shall have the power of town grand jurors to present complaints for any offence committed against the laws of the State within the limits of said Village, and shall be entitled to receive the same fees therefor. They shall have the same power and authority as conservators of the peace within the said Village as that of town constables. They may serve any criminal process for any offence against the laws of the State committed within said Village, and may serve subpoenas for witnesses in such cases. And for all such services they shall be entitled to receive the same fees as constables are entitled to receive.
§ 237-17. Departments; superintendents
The superintendents of Village departments shall be generally under the supervision of the trustees, and shall perform the work customary to their offices.
§ 237-18. Building Inspector
Within the Village limits the Building Inspector shall have authority to oversee the location and construction of all buildings and all repairs on buildings already constructed, and shall oversee the construction and repair of elevators, oil storage tanks, fireplaces, stoves, flues, chimneys, and all electrical wiring; and he or she may order the occupants or owners of any building or premises to repair the same, or any elevator, oil storage tank, fireplace, stove, flue, chimney, or electrical wiring, which in the opinion of the trustees, is unsafe or dangerous, and he or she may inspect the manner of manufacture and keeping of all explosives and combustibles. No building shall be located, built, constructed, or reconstructed until the plans of said building have first been submitted to and approved by the Building Inspector, if the trustees by proper ordinance shall so order and require.
§ 237-19. Trustees; meetings
The trustees shall meet regularly at suitable times to enact ordinances and to transact any and all other proper business, and at such meetings shall give audience to all complaints and protests, and shall cause a record of their proceedings to be kept by the Village Clerk.
§ 237-20. Ordinances; adoption
(a) No ordinance passed by said trustees shall be enforceable until notice thereof has been posted in four public places, within the bounds of said Village, for a period of two weeks and published twice within said period of two weeks in a newspaper printed in said Village, or, if no such newspaper be printed, in a newspaper of general circulation within said Village.
(b) If during the two weeks' period a petition signed by 10 or more qualified voters of the Village be presented to the trustees objecting to an ordinance so passed and published by the trustees, the question of the approval of said ordinance shall be submitted to any annual or special meeting of the Village; and when approved by a majority vote of said meeting, and not otherwise, the ordinance so approved shall become an ordinance of said Village.
(c) If at any time subsequent to such period of two weeks for publication, a petition signed by ten or more qualified voters of the Village be presented to the trustees requesting the repeal of any ordinance, the question of the repeal or approval of said ordinance shall be submitted to a meeting of the Village duly warned for that purpose; if at such meeting said ordinance be approved by a majority vote of said meeting, the ordinance so approved shall remain an ordinance of said Village; if said ordinance so voted upon shall fail of such approval, said ordinance shall be deemed to be repealed and shall thereupon be and become null and void and of no subsequent legal effect whatsoever, but fines and penalties imposed, judgments and decrees entered, prosecutions and legal proceedings instituted prior to the repeal of such ordinance shall not be vacated, set aside, or otherwise affected by such repeal.
§ 237-21. Town highway district
All of the territory embraced within the limits of said Village is hereby constituted a highway district of the Town of Lyndon, and all of the highway taxes assessed upon the ratable estate thereof shall be paid in money, and the selectmen of the Town of Lyndon shall make out a tax bill thereof and deliver the same seasonably as required by law with a warrant for its collection to the Collector of said Village, who shall collect the same as other taxes of said Village are collected, and shall pay the same over to the Treasurer of said Village, which moneys shall be withdrawn from said treasury by the trustees of the Village, and shall be expended by them or under their direction in building, constructing, maintaining, repairing, clearing, sprinkling, sanding, and lighting streets, highways, walks, and alleys, and constructing and maintaining a common sewer and main drain of said Village, and also for improving and beautifying streets, highways, walks, parks, and commons of said Village. No surveyor of highways shall be elected for said Village or chosen by said Town.
§ 237-22. Highway taxes
The trustees shall have power to direct the expenditure of highway taxes assessed upon the ratable estate within the limits of the Village of Lyndonville; said trustees shall have the same power to lay out, alter, maintain, and discontinue any street, highway, lane, or walk within the Village limits and appraise and settle damages therefor as is given by law to the selectmen of towns, causing their proceedings to be recorded in the office of the Town Clerk of the Town of Lyndon, provided that any person aggrieved by such proceedings shall have the same opportunities and rights to appeal and to apply to the courts for redress as is or may be allowed to those aggrieved by the proceedings of the selectmen in similar cases.
§ 237-23. Licenses
The trustees of said Village shall have the same power of granting licenses and vacating the same within the limits of said Village, agreeably to the bylaws, ordinances, and regulations that the selectmen has by law.
§ 237-24. Property taxes; assessment and collection
The said Village may, at any annual meeting or special meeting called for that purpose, as hereinbefore provided, lay a tax upon the ratable estate within the same, whether of residents or non-residents, for any of the purposes hereinbefore mentioned, and the trustees shall make out a rate bill accordingly and deliver the same to the Collector, who shall have the same power to collect such tax as the collector of town taxes, and may in like manner sell property to satisfy the same, and for want thereof, commit to jail any person against whom he or she has such a delinquent tax.
§ 237-25. Grand list
The grand list of the ratable estate within said Village, as made out by the listers of the Town of Lyndon and filed by them in the office of the Town Clerk of said Town shall be the grand list of said Village, and the trustees shall cause a copy of said list to be made and filed in the office of the Clerk of said Village within 10 days after the same shall be completed and filed by said listers in the said Town Clerk's office.
§ 237-26. Tax abatement
The trustees of said Village shall have power to abate taxes laid or assessed by virtue of this act, to remit fines or forfeitures imposed for violation of this act, or bylaws, ordinances, or regulations of said Village, and to discharge such offenders from imprisonment for same.
§ 237-27. Officers; disqualification
No person being a resident or taxpayer of said Village shall thereby be deemed disqualified to act as judge, justice, juror, sheriff, deputy sheriff, constable, or police officer, in any matter, cause, or proceeding in which said Village shall be interested.
§ 237-28. Special meeting
If the annual meeting of said Village shall not be held for want of the notice hereinbefore mentioned, or for any other reason, the Village shall not thereby be prejudiced, and the officers aforesaid may at any time thereafter be elected in special meeting called for that purpose, and special meetings may be called at any time to fill vacancies which may exist in any of the offices of the Village by reason of death, resignation, or for any other reason.
§ 237-29. Ordinances; compliance and penalties
(a) Fines, penalties, and forfeitures up to and including $200.00, for each breach of an ordinance or bylaw, may be established by the trustees, or by a properly warned Village meeting.
(b) These fines, penalties, and forfeitures may be recovered in an action of tort brought in the name of the Village, and in any such action a general complaint relying on the ordinance or the bylaw shall be sufficient.
(c) The process may issue either against the body or the property of the defendant, and if the defendant is found guilty, and if it is found by the court that the cause of action arose from his or her willful or malicious act or neglect, it shall so adjudge, and shall further adjudge that he or she be confined in close jail, and may issue execution against his or her body with a certificate of such findings endorsed thereon; and such execution with such certificate thereon shall have the same effect as an execution issued on a judgment founded upon tort having a like certificate endorsed thereon.
(d) Any person refusing to comply with any Village ordinance or by-law relating to his or her business may be enjoined by a proper action in chancery brought in the name of the Village, from continuing such business in violation of such ordinance or bylaw, and in any such action a bill relying on the ordinance or bylaw shall be sufficient.
(e) Nothing in this section shall be construed to prevent the Village from having and exercising such other powers as may be proper to enforce obedience to its ordinances and bylaws and to punish violations thereof.
§ 237-30. Ordinances; prosecutions
All violations of the Village ordinances and bylaws may be prosecuted in behalf of the Village by its Attorney or police officers, or by any other duly authorized prosecuting officer before the Caledonia Municipal Court or before any justice of the peace of the County of Caledonia.
§ 237-31. Manager
The Village may at any properly warned Village meeting vote to accept a Village Manager, who shall have the same power and be subject to the same liabilities as town managers as provided by the statutes of the State.
§ 237-32. Water supply system
It shall be the duty of the trustees of the Village to have full control and management of the water supply system of the Village subject to the limitations contained in the Village ordinances and the general laws of this State.
§ 237-33. Water distribution
The Village of Lyndonville is hereby authorized to own, operate, maintain, repair, and replace aqueducts together with necessary reservoirs and appurtenances for the purpose of conducting water to and distributing it through the Village of Lyndonville, the Village of Lyndon Center, and the Village of Lyndon and to supply the inhabitants of said Villages with water for domestic use and fire protection, and said Village of Lyndonville for the construction and maintenance of the necessary aqueducts, reservoirs, and appurtenances for the purposes aforesaid is authorized to dig up and occupy any common, park, street, highway, walk, or alley, provided such use of any such public way, or other property, does not unreasonably interfere with public travel.
§ 237-34. Water utilization
The Village of Lyndonville through its trustees is hereby empowered to take the water of any fountain, spring, pond, lake, or stream for the purpose of supplying the inhabitants of said Village, the Village of Lyndon Center, and the Village of Lyndon with water for domestic and other purposes, provided persons having any interest in such waters are not deprived of such part thereof as may be necessary for domestic and agricultural purposes upon the premises owned by them.
§ 237-35. Water offenses
Any person or persons who shall maliciously disturb, damage, or injure in any manner whatever said aqueducts and reservoirs and appurtenances, springs, ponds, lakes, fountains, or streams, or any connecting appurtenances, enclosures, or works thereof, or pollute or swim and bathe in said waters, or any of them, shall be liable to prosecution therefor by the grand juror of the town or the State's Attorney of the county wherein the offence shall be committed by information, complaint, or indictment, and on conviction thereof shall be fined not less than five dollars nor more than $100.00 and costs of prosecution, and shall also be liable to said Village for all damages resulting to it by reason of said injury, pollution, or disturbance together with full costs, the same to be recovered by said Village in an action of tort founded on this section.
§ 237-36. Water rents
All water rents and charges due the Village for the use of the Village water supply or the Village aqueduct system in case of non-payment thereof shall be and remain a lien in the nature of a tax upon the real estate so supplied with water, whether such rents or charges be charged in the first instance against the owner or occupant thereof. Such lien shall be enforceable in the same manner and to the same effect as the lien for taxes under the laws of this State.
§ 237-37. Eminent domain
The Village may exercise the right of eminent domain for any municipal purpose or use upon compliance with the provisions of the State statutes applicable to eminent domain proceedings and for the purpose of developing its electric light and power system and extending its lines into other towns and municipalities may by eminent domain proceedings acquire property in the same manner and to the same extent as corporations organized under chapter 242 of the public laws.
§ 237-38. Electric power plant and system
(a) The trustees of said Village shall have full control and authority over the water power, plant, lines, and operation of the electric light and power system of said Village and may make contracts for the sale and purchase of power as to them may seem prudent, all subject to the limitations contained in the Village ordinances and the general laws of this State.
(b) The Village of Lyndonville shall have and is hereby granted the authority to own, maintain, and operate an electric light and power system for the purpose of furnishing electric light for the use of said Village in lighting its buildings, streets, walks, and other grounds, and for the purpose of furnishing electric light, heat, and power, both within and without said Village, for public, domestic, industrial, and other uses to the public generally and to other municipal corporations, subject to the general laws of this State and the lawful orders and control of the Public Service Commission, and for the purposes aforesaid said Village may hire, lease, purchase, own, hold, and acquire by contract, agreement, or eminent domain proceedings, any water power, buildings, land, rights of way, and any other property, real or personal, necessary for the maintenance and operation of the said electric light and power system, and it may use any land or highway over which it may be necessary or desirable to pass with poles and wires, provided such use of any such public way, or other property, does not unreasonably interfere with public travel.
§ 237-39. Sewer system
Whenever the public health or convenience may require, a common sewer or main drain may be laid, constructed, maintained, altered, repaired, or replaced for use of said Village. Upon written application of five or more freeholders and legal voters of said Village, the trustees shall be authorized and empowered to lay, construct, maintain, alter, repair, or replace said common sewer or main drain, and for this purpose from time to time when necessary they may take any land whatever on making compensation paying damages therefor, provided such use of any such public way, or other property, does not unreasonably interfere with public travel; the trustees shall proceed in the same manner as is prescribed by law for selectmen taking land for public highways and in awarding damages therefor, and said trustees shall make a report of their action which shall be recorded by the Clerk of the Village in the records of the Village. Every person whose particular drain shall enter into any such sewer or main drain, or who in the opinion of said trustees shall receive benefit thereby in the draining of his or her premises, shall be liable to contribute his or her just share towards the expense of laying, constructing, or replacing such sewer or main drain, and he or she shall be assessed therefor by said trustees. Notice of the time and place of such assessment shall be given to such person in a manner reasonably calculated to bring his or her attention to the fact of the assessment. A certificate of such assessment shall be left with the Clerk of said Village to be recorded by him or her in the records of said Village; when so recorded the amount so assessed shall be a lien in the nature of a tax on the land so assessed until the same shall be paid, and if the owner of such land shall neglect for the period of six months after the decision of said trustees, or in case of appeal to the County Court, to pay to the Treasurer of said Village the amount of such assessment, said trustees shall issue their warrant for the collection of the same directed to the Collector of said Village who shall have authority to sell at public auction so much of said land, or personalty, of such person as will satisfy such assessment and all legal fees; said Collector shall proceed in the same manner as Collectors of Taxes are required by law to proceed in selling real estate or personalty of such delinquents at auction for the collection of town taxes. When any person shall be dissatisfied with the decision of said Trustees in the award of damages or compensation for land taken for such sewer or main drain, or in any assessment or contribution for the same, such person may petition the Caledonia County Court for a re-assessment, and any number of persons aggrieved may join in the petition; such petition, however, shall not delay the laying, constructing, maintaining, altering, replacing, or repairing of such sewer or main drain. Such petition shall be served on the Clerk of said Village within 60 days next after said award of damages or compensation shall be filed in the office of said Clerk. Such proceedings shall be had in the County Court on said petition as are provided for the reassessment of damages for land taken for highways by sections 4768, 4769, and 4770 of the public laws except as herein provided and the commissioners appointed by the County Court to re-examine any assessment shall notify the Clerk of said Village of the time and place when they will hear the matter.
§ 237-40. [Repealed statutes]
§ 237-41. [Transitional provisions]