§ 324. Purposes and powers
(a) The City Council shall have authority and responsibility for the management of the
Church Street Marketplace District, its services, and facilities. The City Council
shall have the responsibility to establish, improve, and maintain a Marketplace within
the District.
(b) In furtherance of its purpose, the City Council shall have the following rights, powers,
and duties:
(1) To exercise the powers set forth in the first paragraph of section 231 of this charter
with respect to the Marketplace; provided that, in relation to the Electric Light
Department, the Commission shall have the same status as a private user.
(2) To acquire on behalf of the City by gift, purchase, exercise of the power of eminent
domain, or otherwise, all types of interests in real property and rights-of-way that
will become part of the Marketplace to be used in connection therewith.
(3) To construct or contract for the construction of improvements of any kind or nature
necessary or convenient for the establishment or operation of the Marketplace.
(4) To pay, from the funds provided for herein, the whole or any portion of the cost of
constructing and maintaining such improvements, including the cost of preliminary
planning for the Marketplace.
(5) To prohibit in whole or in part vehicular traffic, other than motor vehicle traffic
on the Marketplace, and to recommend to the Public Works Commission the prohibition
or regulation of motor vehicle traffic within the Downtown Improvement District.
(6) To recommend to the Planning Commission the imposition of restrictions on the height,
use, and exterior appearance, including restrictions on the use of signs, for buildings
fronting on the Marketplace; such restrictions to be imposed only after notice and
public hearings and, except for the use of signs, such restrictions to be prospective
in nature.
(7) To make such improvements within the Church Street Marketplace District as are necessary
or convenient to the operation of the Marketplace.
(8) To enter into contracts in the name of and on behalf of the City with State or federal
agencies, including the Chittenden County Transportation Administration, as may be
necessary or convenient to carry out the purpose of this article.
(9) To lease space, including air rights, in, below, and above the Marketplace but only
in compliance with section 55 of this charter.
(10) To appoint such employees and agents as it may deem necessary or expedient for the
operation of the Marketplace. The Director shall be appointed by the Mayor in accordance
with the requirements of section 127 of this charter. The Director shall have the
special and immediate care and practical supervision of the Marketplace, subject to
the authority of the Mayor as Chief Executive Officer and the orders and ordinances
of the City Council.
(11) To enter into management and maintenance contracts to facilitate the carrying out
of any of its powers and duties enumerated herein, such contracts to be, where the
Commission deems it appropriate and practicable, with operating departments of the
City.
(12) To issue permits for various uses in the Marketplace, and to adopt regulations and
charge fees for such issuance.
(13) To charge rentals and fees for its services and for use of space in the Marketplace.
(14) To receive and expend voluntary contributions for the carrying out of its purposes.
(15) To advertise and promote the Marketplace and its activities pursuant to this section
when the Commission determines that such advertisement and promotion will promote
the prosperity and general welfare of the citizens of the City of Burlington and of
the State.
(16) To do all other things necessary or convenient to carrying out the purposes of this
article. Nothing herein shall be construed to mean that the City Council may interfere
with or regulate the internal management of properties within the District.
(c) The City Council may by resolution delegate any of the powers relating to the Downtown
Improvement District and the Church Street Marketplace District to the Church Street
Marketplace Commission. (Amended 1999, No. M-7, § 13, eff. May 19, 1999; No. M-9, § 6, eff. June 1, 1999; 2001, No. M-6, § 2.)