The Vermont Statutes Online

Title 24 Appendix : Municipal Charters

Chapter 703 : Champlain Water District

• § 6. Organization and administration

  (a) This chapter shall enter into effect immediately upon ratification at any duly warned annual or special meeting of the District subsequent to the passage hereof.

  (b) The officers of the District shall be a permanent Clerk, a Treasurer, a Moderator and three auditors, all of whom shall have the same duties as in towns. The legislative branch of the District shall be the Board of Water Commissioners.

  (c) All officers and commissioners of the existing Champlain Water District shall hold office for their existing terms and until others are elected and qualified following the first annual meeting. The selectboard of each town may appoint an alternative water commissioner for each commissioner elected from that town, whose duty shall be to serve in place of the elected commissioner if the latter is unable to serve and to serve in that commissioner’s place if that commissioner resigns or is unable to proceed while in office.

  (d) The total number of water commissioners and the number from each member town may be agreed upon by the several member towns. In the absence of such agreement, the number shall be one from each member town. Changes in the total number of commissioners may be made at any annual meeting of the District duly warned for that purpose by majority vote of those present and voting; except that it shall always include at least one from each member town. Water commissioners to serve on the Board of Water Commissioners of the District shall be elected by the member towns at their own annual or special meetings. Such elections shall be by Australian ballot in those member towns that elect their respective legislative branches by Australian ballot. All other District officers shall be elected by the District at its annual meeting. When there is only one nominee for any of the aforementioned offices, the voters may, by acclamation, instruct an officer to elect said nominee by casting one ballot, and upon such ballot being cast, such nominee shall be declared to be legally elected.

  (e) The commissioners shall be the administrative body of the District and shall have the same general powers and duties as conferred by statute upon selectboards. They may appoint committees as they deem necessary or appropriate and shall set all policies of the District as required by this chapter or as they may deem proper. The Board of Commissioners shall have the authority to appoint a Manager for the District and fix his or her compensation. The Board may delegate to such Manager any and all functions it may deem necessary and appropriate for the proper administration of the District, including the power to hire an administrative staff; provided, however, that the Board shall have the exclusive power to set and determine the policies of the District.

  (f) Until such time as the District is in full operation and producing revenues, the Board of Commissioners shall have the authority to incur indebtedness on behalf of the District for the purpose of developing and constructing any facilities necessary for such operation, for compensating the administrative staff, and for any other related purpose it may deem necessary. Any borrowings that are not capitalized in the form of long-term obligations shall be made a portion of the budget for the first year of actual operation by the District in which it distributes a substantial quantity of water.

  (g) All District officers elected at an annual meeting and water commissioners elected by their constituent towns shall enter upon their duties on April 1 following their election, unless a different date is set at an annual meeting. At the first meeting following April 1 of each year, the commissioners shall elect a Chairman. A vacancy occurring in any District office other than commissioner caused by death, resignation, removal from the District, or incapacity of an officer to carry out his or her duties, shall be temporarily filled by the Board of Water Commissioners with a person from the municipality from which the vacancy occurs within 30 days after the vacancy occurs and until the date when the newly elected officers take office. The vacancy shall then be filled at the next annual meeting of the District.

  (h) The term of office of the water commissioners and the auditors shall be three years and of all other officers, one year. The initial terms and identity shall be the same as those of present commissioners, auditors, and other officers.

  (i) All actions by the member towns in the formation of the original Champlain Water District are hereby ratified; and further, all actions of the Champlain Water District, including warnings and procedures in connection with the proposal to construct water facilities and the bond vote of May 21, 1970, is specifically ratified and declared to be of full force, and when issued, said bonds shall be a binding obligation upon the new Champlain Water District as established by this chapter. (Added 1971, No. 135, § 6; amended 1971, No. 266 (Adj. Sess.), § 2.)