reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4768. Repayment of advances

§ 4768. Repayment of advances
Advances under this subchapter shall be repaid when construction of the facilities or any portion thereof is undertaken. Where a construction grant or loan is authorized by the Department for the project, the amount of the outstanding advances shall be retained from the initial payments of the grant or loan funds. In other instances, if repayment is not made within 60 days upon demand by the Department, the sum shall bear interest at the rate of 12 percent per annum from the date payment is demanded by the Department to the date of payment by the municipality. The Department may approve proportional repayment when construction is initiated on a small portion of the planned project. (Added 2015, No. 103 (Adj. Sess.), § 37, eff. May 12, 2016.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4769. Loans to hardship municipalities

§ 4769. Loans to hardship municipalities
(a) Waiver of bond vote. A hardship municipality may receive a loan for an eligible project that includes a loan subsidy of up to $200,000.00 in the form of 100 percent principal forgiveness with no interest or administrative fee from funds authorized in subdivision 4753(a)(3) of this title, subject to the availability of such loan subsidy. Notwithstanding the provisions of subdivision 4755(a)(3) of this title, the loan is not required to be evidenced by a municipal bond up to the amount to be forgiven.
(b) Waiver of reimbursement method required in statute. Notwithstanding the provisions of subsection 4755(b) of this title, loan funds may be disbursed to a hardship municipality for its approved project upon receipt by the Department of eligible project invoices without prior payment by the municipality. (Added 2019, No. 72, § E.700.1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4770. Eligibility

§ 4770. Eligibility
(a) For the purpose of this subchapter, “VEDA” means the Vermont Economic Development Authority which is authorized to make loans on behalf of the State under this chapter when the loan recipient is a privately-owned public water system. Such loans shall be issued and administered by VEDA pursuant to this subchapter.
(b) The owner or owners of a privately-owned community water system or a privately-owned nonprofit, noncommunity public water system may apply to VEDA for a loan from the Vermont EPA Drinking Water State Revolving Fund established under subchapter 1 of this chapter, the proceeds of which may be used to acquire requisite permits, design, plan, construct, repair, or improve an existing privately-owned public community water system in order to comply with federal and State standards and protect the public health. In addition, the owner or owners of a privately-owned, nonprofit community water system may apply to VEDA for a loan from the Vermont Drinking Water Planning Loan Fund established in section 4753 of this chapter.
(1) A municipality, as defined under section 126 of Title 1, is not eligible for a loan under this subchapter.
(2) A nonprofit organization is eligible to apply for a loan under this subchapter if that organization qualifies as tax exempt.
(c) VEDA and the Secretary may prescribe any form of application or procedure required of the applicant for a loan hereunder, and may impose an application and an administrative fee determined reasonable and necessary to cover administrative costs. Fee proceeds shall be deposited in the administrative fee account established in subsection 4755(a) of this chapter. The loan application shall request such information as VEDA deems necessary to implement this subchapter.
(d) Notwithstanding the eligibility criteria of subsection (a) of this section, loan proceeds may not be used for:
(1) laboratory fees for monitoring;
(2) operations and maintenance expenses; or
(3) projects primarily intended to serve future growth. (Added 1997, No. 62, § 75, eff. June 26, 1997; amended 1997, No. 134 (Adj. Sess.), § 4; 1997, No. 148 (Adj. Sess.), § 50, eff. April 29, 1998; 2001, No. 61, § 40, eff. June 16, 2001.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4772. Qualifications for eligibility; certification

§ 4772. Qualifications for eligibility; certification
No loan to an applicant shall be made under this subchapter until:
(1) The applicant has certified to VEDA that:
(A) all State and federal permits and licenses, including land use, subdivision, water supply and wastewater permits, and water supply construction and operating permits, necessary to undertake the project for which financing has been sought will be obtained prior to expending construction funds under the loan;
(B) the applicant has established a rate charge or assessment schedule that will generate sufficient revenue to pay the principal and interest on the loan and to pay reasonably anticipated costs of operating and maintaining the financed project and the system of which it is a part. VEDA may require that the rate charge or assessment schedule be approved by VEDA prior to approving a loan. Nothing in this subchapter shall affect the obligation of an applicant who is subject to the jurisdiction of the Public Utility Commission under 30 V.S.A. §§ 102 and 203(3) to obtain prior approval of a rate change from such Commission pursuant to 30 V.S.A. § 225;
(C) if the applicant is subject to the jurisdiction of the Public Utility Commission under 30 V.S.A. §§ 102 and 203(3), it has obtained the following approvals and has provided VEDA with copies of those approvals:
(i) the certificate of public good issued by the Public Utility Commission pursuant to 30 V.S.A. §§ 231 (public good) and 108 approving the loan; and
(ii) the decision and order of the Public Utility Commission approving rates that are to be charged by the applicant.
(2) The Secretary has certified to VEDA that:
(A) the applicant and the project qualify for financing or assistance under section 4773 of this title and that the project has priority for receipt of financial assistance; and
(B) the applicant has or as a result of the proposed project will have the technical, managerial, and financial capability to ensure compliance with the requirements of the federal Safe Drinking Water Act as amended. (Added 1997, No. 62, § 75, eff. June 26, 1997; amended 1997, No. 134 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4773. Loan priorities

§ 4773. Loan priorities
The Secretary shall at least annually prepare a list of projects, ranked in priority order, that are eligible for financial assistance under this subchapter. In establishing such priorities, the Secretary shall at a minimum consider the following:
(1) the quality and quantity of water supplied by the existing system;
(2) any declared health hazard to be abated by the proposed project;
(3) the population to be served;
(4) the readiness of the project to proceed to the next planning or construction step; and
(5) the consolidation of smaller water systems into new larger water systems. (Added 1997, No. 62, § 75, eff. June 26, 1997.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4774. Contractual authority; reports

§ 4774. Contractual authority; reports
(a) The Secretary and VEDA may enter into agreements on behalf of the State with agencies of the United States as may be necessary to obtain grants and awards in furtherance of the stated purposes of the loan fund created under section 4753 of this title, provided that notification of each such agreement shall be made to the Chairs of the House and Senate Committees on Appropriations while the General Assembly is in session, and at other times to the Chair of the Joint Fiscal Committee, and that any such grant or award has been approved pursuant to 32 V.S.A. § 5.
(b) [Repealed.] (Added 1997, No. 62, § 75, eff. June 26, 1997; amended 2013, No. 142 (Adj. Sess.), § 95.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4775. Liability against default

§ 4775. Liability against default
Under no circumstance shall the State or VEDA become responsible for owning or operating a privately-owned community water system when the loan recipient defaults on a loan obligation or abandons the water supply or water system. (Added 1997, No. 62, § 75, eff. June 26, 1997.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4776. Action for receivership

§ 4776. Action for receivership
Upon default of a loan, VEDA shall have the right to petition the Superior Court in the county in which any part of the water system is located, or the Public Utility Commission for systems subject to the jurisdiction of the Commission, to appoint a receiver. (Added 1997, No. 62, § 75, eff. June 26, 1997.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4777. Loan consolidation

§ 4777. Loan consolidation
Loans, or the outstanding balance of loans, made for the purpose of preparing engineering plans for a project may be consolidated with any subsequent loans for construction. (Added 1997, No. 62, § 75, eff. June 26, 1997.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4778. Federal capitalization grant distribution

§ 4778. Federal capitalization grant distribution
The Secretary may use any available and lawful funds to match federal funds otherwise available to capitalize the Fund created by subdivision 4753(a)(3) of this title. Up to 20 percent of the funds which have been identified in the annual State Intended Use Plan (IUP) and allocated for water supply projects may be used for loans to privately-owned public water systems. Any balance, excepting set-asides authorized by federal law, shall be directed to be used for loans to improve municipal water systems. Should there occur any surplus of funds for municipal water system projects in any given year, those funds may be used to fund additional privately owned public water systems. (Added 1997, No. 62, § 75, eff. June 26, 1997; amended 1997, No. 134 (Adj. Sess.), § 6; 1999, No. 109 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4781. Eligibility and loan application

§ 4781. Eligibility and loan application
(a) The Vermont Economic Development Authority (VEDA) is authorized to make loans on behalf of the State to private entities for a clean water project; provided, however, that no State funds are used. Such loans shall be issued and administered by VEDA pursuant to this subchapter.
(b) A private entity may apply to VEDA for a loan from the Vermont Environmental Protection Agency Pollution Control Revolving Fund, established in section 4753 of this title, for a clean water project. The loan proceeds shall be used to acquire, design, plan, construct, enlarge, repair, improve, or implement a clean water project. Loan proceeds shall not be used for operation and maintenance expenses or laboratory fees for monitoring.
(c) The Secretary and VEDA may prescribe any form of application or procedure for a loan hereunder, request from an applicant any information deemed necessary to implement this subchapter, and impose an application fee and an administrative fee determined reasonable and necessary to cover administrative costs. Fee proceeds shall be deposited in the administrative fee account established in subsection 4755(a) of this chapter. (Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4783. Qualifications for eligibility; certification

§ 4783. Qualifications for eligibility; certification
No loan to an applicant shall be made under this subchapter until:
(1) The applicant has certified all of the following to VEDA:
(A) all State and federal permits and licenses necessary to undertake the project for which financing has been sought will be obtained prior to the expenditure of construction funds under the loan;
(B) the applicant has sufficient means to pay the principal and interest on the loans and to pay any anticipated costs of operating and maintaining the financed project;
(C) if the applicant is subject to the jurisdiction of the Public Utility Commission under 30 V.S.A §§ 102 and 203(6), the applicant has obtained the following approvals, if such approvals are necessary for the project, and has provided VEDA with copies of those approvals:
(i) the certificate of public good issued by the Public Utility Commission pursuant to 30 V.S.A. §§ 231 (public good) and 108 (approving the loan); and
(ii) the decision and order of the Public Utility Commission approving rates that are to be charged by the applicant.
(D) the municipality or municipalities in which the clean water project is located have provided a letter of support for the project.
(2) The Secretary has certified to VEDA that the applicant and the project qualify for financing or assistance under section 4784 of this title and that the project has priority for receipt of financial assistance. (Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4784. Loan priorities

§ 4784. Loan priorities
(a) The Secretary shall at least annually prepare and certify to VEDA a list of privately owned clean water projects, ranked in priority order, that are eligible for financial assistance under this subchapter.
(b) In determining financing ability for clean water projects under this subchapter, the Secretary shall apply the criteria adopted pursuant to 10 V.S.A. § 1628; provided, however:
(1) No privately owned clean water project authorized under this subchapter shall be prioritized above a municipal clean water project.
(2) No more than 20 percent of the funds identified in the annual State Intended Use Plan (IUP) and allocated for clean water projects may be used for loans to privately owned clean water projects, unless there occurs a surplus of funds, in which case those funds may be used to fund additional privately owned clean water projects. (Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4785. Liability against default

§ 4785. Liability against default
Under no circumstance shall the State become responsible for owning or operating a clean water project when the loan recipient defaults on a loan obligation or abandons the project. (Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4786. Action for receivership

§ 4786. Action for receivership
Upon default of a loan, VEDA shall have the right to petition the Superior Court in the county in which the clean water project is located, or the Public Utility Commission for projects subject to the jurisdiction of the Commission, to appoint a receiver. (Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 120 - Special Environmental Revolving Fund › § 4787. Loan consolidation

§ 4787. Loan consolidation
Loans, or the outstanding balance of loans, made for the purpose of preparing engineering plans for a project may be consolidated with any subsequent loans for construction. (Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4801. Definitions

§ 4801. Definitions
As used in this chapter:
(1) “Municipality” shall mean “municipality” as defined in 1 V.S.A. § 126.
(2) “Legislative branch” shall mean “legislative branch” as defined in subdivision 1751(2) of this title. (Added 1969, No. 197 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4802. Approval of plan

§ 4802. Approval of plan
(a) Every agreement for a union municipal district under this chapter shall be submitted to the Attorney General before being presented to the voters for acceptance or rejection. The Attorney General shall determine whether the agreement is in proper form and compatible with the laws of this State. In the event that the Attorney General fails to notify the joint survey committee provided for in subchapter 2 of this chapter of his or her determination within 30 days after receipt of a copy of the agreement, it shall be deemed to have been approved.
(b) In the event that an agreement for a union municipal district deals in whole or in part with services or facilities over which an officer or agency of the State government has constitutional or statutory powers of control, the agreement shall be submitted to him or her or it, at the time of its submission to the Attorney General. The officer or agency involved may file objections with the Attorney General.
(c) No agreement shall be submitted to the voters unless it has been approved by the Attorney General under subsection (a) of this section. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 2003, No. 122 (Adj. Sess.), § 85f.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4803. Powers as supplementary

§ 4803. Powers as supplementary
The powers granted to municipalities by this chapter are supplementary to any other powers heretofore or hereafter granted by any other statute for the same or similar purposes. (Added 1969, No. 197 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4831. Creation of committee

§ 4831. Creation of committee
The legislative branch of any two or more municipalities may by agreement create a joint municipal survey committee to plan for the strengthening of local governments and to promote plans for more efficient and economical operation of local government services within or by the participating municipalities. For purposes of establishing a mosquito control district under 6 V.S.A. chapter 85, a municipality may create a municipal survey committee under this section with all the powers and duties that a joint municipal survey committee possesses under this chapter. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 2007, No. 34, § 2, eff. May 18, 2007.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4832. Powers and duties

§ 4832. Powers and duties
The committee shall have the following powers for any of the purposes authorized by charter or general statute:
(1) To make surveys and studies and conduct research programs to enable municipalities to make the most efficient use of their powers by cooperation with other municipalities on a basis of mutual advantage, and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of municipalities.
(2) To provide for the distribution of information resulting from such surveys, studies, and programs.
(3) To consult and cooperate with appropriate State, municipal, and public or private agencies in matters affecting municipal government.
(4) To employ persons and adopt rules, regulations, and by-laws as are necessary and proper to effectuate the purposes of this chapter. (Added 1969, No. 197 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4833. Officers

§ 4833. Officers
The members of a joint municipal survey committee shall consist of an equal number of representatives from each municipality designated by the legislative branch. Members of the legislative branch of a municipality may serve as members of the committee. The committee shall elect from its own number a chair and secretary and other necessary officers to serve for such period as the members shall decide. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 2003, No. 122 (Adj. Sess.), § 85g.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4861. Authorization

§ 4861. Authorization
If a joint municipal survey committee approves the creation of a union municipal district, it shall prepare an agreement for the formation of the district and shall file a copy with the legislative body, planning commission, and clerk of each participating municipality. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4862. Contents of agreement

§ 4862. Contents of agreement
Any agreement for the creation of a union municipal district shall specify the following:
(1) Its duration, if it is to be limited in time.
(2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby, with the powers delegated thereto.
(3) Its purposes.
(4) The manner of election or designation of officers of the district, and the powers and duties thereof.
(5) The means of establishing a budget and financing the union municipal district, and the method, if so provided, for assessing the member municipalities or the taxpayers thereof for the expenses of the district.
(6) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property thereon.
(7) The manner in which the agreement may be amended or renewed, where applicable.
(8) The conditions and procedure under which a municipality may withdraw from a union municipal district or join a district already in operation.
(9) Any other necessary and proper matters. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4864. Employee organizations; police employees; State Labor Relations Board

§ 4864. Employee organizations; police employees; State Labor Relations Board
If an employee organization is the exclusive bargaining representative of employees in one or more participating municipalities in a proposed agreement to create a union municipal district for the purpose of providing services currently provided by these employees, any questions of unit determination or representation involving these employees shall be resolved by the State Labor Relations Board pursuant to 21 V.S.A. chapter 22. (Added 2003, No. 122 (Adj. Sess.), § 85i.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4865. Organization

§ 4865. Organization
Upon the approval of the agreement by the required number of municipalities as provided in section 4863 of this title, the union municipal district shall become a body politic and corporate with the powers incident to a public corporation. The district shall be known by the name given in the agreement, by that name may sue and be sued, and may hold and convey real and personal estate for the use of the district. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4866. Powers and duties

§ 4866. Powers and duties
A union municipal district may:
(1) Hire and fix the compensation of employees.
(2) Contract with consultants and other experts for services.
(3) Contract with the State of Vermont or the federal government, or any agency or department thereof, for services.
(4) Contract with any participating municipality for the services of any officers or employees of that municipality useful to it.
(5) Contract with a county sheriff to provide law enforcement services to the union district.
(6) Promote cooperative arrangements and coordinated action among its participating municipalities.
(7) Make recommendations for review and action to its participating municipalities and other public agencies which perform functions within the region in which its participating municipalities are located.
(8) Exercise any other powers which are exercised or are capable of exercise by any of its participating municipalities, and necessary or desirable for dealing with problems of mutual concern.
(9) Borrow money and issue evidence of indebtedness as provided by chapter 53 of this title. Obligations incurred under such chapter shall be the joint and several obligations of the district and of each member municipality but shall not affect any limitation on indebtedness of a member municipality. The cost of debt service shall be included in the annual budget of the district, and shall be allocated among the member municipalities as provided in the agreement for the allocation of the assessment for the ordinary expenses of the district. Where voter approval is required pursuant to chapter 53 of this title, the governing body of the district shall determine the number and location of polling places, and when a majority of all the voters present and voting on the question from all of the member municipalities at such meeting vote to authorize the issuance of bonds, the district shall be authorized to issue the bonds as provided in said chapter. The counting of ballots shall be conducted by the governing board of the district together with the town or city clerk from each member municipality or his or her designee. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 6; 2003, No. 122 (Adj. Sess.), § 85j.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4867. Cooperation with other agencies

§ 4867. Cooperation with other agencies
Whenever a union municipal district intends to operate in a geographical area which may involve other governmental agencies acting in a regional capacity, it shall notify that governmental agency of its plans and intentions. (Added 1969, No. 197 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4868. Reports

§ 4868. Reports
Each union municipal district shall prepare an annual report of its activities, including a financial statement, to be distributed to its member municipal units, and shall prepare and distribute any other reports required by its by-laws. (Added 1969, No. 197 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4901. Authorization

§ 4901. Authorization
(a) Any one or more municipalities may contract with any one or more other municipalities to perform any governmental service, activity, or undertaking which each municipality entering into the contract is authorized by law to perform, provided that the legislative body of each municipality approves the contract, and expenses for such governmental service, activity, or undertaking are included in a municipal budget approved under 17 V.S.A. § 2664 or comparable charter provision.
(b) If the interlocal contract is such that the participating municipalities or their legislative bodies, commissions, boards, officers, or voters have the authority to enter into it, by virtue of any charter provision, statute, or the general authority of such municipality or its officers and bodies, then the procedures of this section for approval shall not be exclusive, it being the intent that the powers and procedures set forth in this subchapter for interlocal contracts are supplementary to any other powers or procedures heretofore or hereafter possessed by any municipality.
(c) A municipality may submit an interlocal contract to the Attorney General prior to approval by its legislative body. If such a contract is submitted, the Attorney General shall determine whether the contract is in proper form and compatible with the laws of this State and notify the legislative body of the municipality of his or her determination. In the event that the Attorney General does not respond to the request within 30 days after receipt of a copy of the contract, the legislative body may approve the contract. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 5; 2003, No. 122 (Adj. Sess.), § 85k.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4902. Contents of contract

§ 4902. Contents of contract
(a) The contract shall set forth fully the purposes, powers, rights, and objectives, and responsibilities of the contracting parties.
(b) The contract may provide:
(1) That one person shall hold the same office or offices in the participating municipalities, notwithstanding any provision of law to the contrary.
(2) The method of choosing officers by election or appointment, the term of office, the compensation of, or mode of setting the compensation of, and the authority to discharge, a person holding office under subdivision (1) of this subsection.
(3) For any duly constituted local or regional board to have jurisdiction in all the municipalities.
(4) For a transfer of a local service function or activity or a portion thereof, previously authorized or exercised by a municipality, to another municipality.
(5) For the acquisition and maintenance of property, forces, and services which the municipalities participating in the contract are authorized by law to acquire and maintain.
(6) For the use of any property, equipment, or personnel of a municipality that is a party to the contract in connection with a joint service or activity authorized by the terms of the contract.
(7) For the deposit of funds appropriated, received, or contributed for purposes of any joint municipal activity or service in one or more special bank accounts, and for designation of persons authorized to have custody of and to draw on such funds.
(8) For the exercise of any powers consistent with law in order to carry out the purposes contemplated in the contract. (Added 1969, No. 197 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4931. Source of funds

§ 4931. Source of funds
Any union municipal district may accept, receive, and disburse in furtherance of the duties and functions, any funds, grants, and services made available by the State of Vermont and its agencies, the federal government and its agencies, any municipality or other governmental unit whether or not a member of the district, or private or civic sources. (Added 1969, No. 197 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4932. Technical assistance

§ 4932. Technical assistance
The State and all departments, boards, bureaus, commissions, and other agencies thereof are hereby authorized and empowered, within the limitations of the constitution, to furnish and make available services, assistance, funds, property, and other incentives to any two or more municipalities participating in a union municipal district or interlocal contract so as to effectuate economy or simplification in the administration or financing thereof. (Added 1969, No. 197 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4933. Municipal contributions

§ 4933. Municipal contributions
Each municipality that is a party to an interlocal contract shall have authority to appropriate funds for the purpose of the contract and may also levy taxes and issue bonds for the payment of the appropriation as a special purpose. Services of personnel, use of equipment and office space, and other services may be accepted from contracting municipalities either in addition to or as part of their financial support. (Added 1969, No. 197 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4941. Definitions

§ 4941. Definitions
As used in this subchapter:
(1) “Association” shall mean an association, compact, or corporation, any of which shall be organized not for profit, and formed for the purpose of entering into intermunicipal insurance agreements under this subchapter.
(2) “Municipality” shall mean “municipality” as defined in section 4801 of this title, but shall also include the following:
(A) all governmental entities defined in 1 V.S.A. § 126 and in subdivision 1751(1) of this title;
(B) all bodies corporate and politic created and existing under any special act of the General Assembly;
(C) all bodies corporate and politic created and existing under an interstate compact;
(D) all bodies corporate and politic created under intermunicipal agreements entered into and approved as provided in subchapter 3 of chapter 121 of this title;
(E) all supervisory unions created under 16 V.S.A. chapter 7, subchapter 1;
(F) all incorporated school districts;
(G) all entities providing educational services and eligible for State aid under 16 V.S.A. § 3447;
(H) all consolidated water and sewer districts;
(I) all ambulance districts created under subchapter 1 of chapter 71 of this title;
(J) all regional mass transportation authorities created under chapter 127 of this title;
(K) all local housing authorities created under section 4003 of this title;
(L) all conservation commissions created under section 4501 of this title;
(M) all special assessment or tax increment financing districts created under subchapter 5 of chapter 53 of this title;
(N) all counties established by chapter 1 of this title;
(O) all regional planning commissions established under chapter 117 of this title;
(P) all instrumentalities and agencies of the foregoing. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4942. Contents of agreement

§ 4942. Contents of agreement
Two or more municipalities, by resolution of their respective legislative bodies or boards, may establish and enter into agreements for obtaining or effecting insurance by self-insurance, for obtaining or effecting insurance from any insurer authorized to transact business in this State as an admitted or surplus lines carrier, or for obtaining and effecting insurance secured in accordance with any other method provided by law, or by combination of the provisions of this section for obtaining and effecting insurance. Agreements made pursuant to this section may provide for pooling of self-insurance reserves, risks, claims and losses, and of administrative services and expenses associated with the same, among municipalities. To accomplish the purposes of this subchapter, two or more municipalities may form an association under the laws of this State to develop and administer an intermunicipal risk management program, having as its purposes reducing the risk of its members; safety engineering; distributing, sharing, and pooling risks; acquiring insurance, excess loss insurance, or reinsurance; and processing, paying, and defending claims against the members of such association. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4943. Contributions

§ 4943. Contributions
Any contributions made to such association for the purpose of distributing, sharing, or pooling risks shall be made on an actuarially sound basis, and any such association shall have its books, records, and financial affairs audited annually by a certified public accountant, copies of which shall be provided to each municipal member and the Commissioner of Financial Regulation. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986; amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a).)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4944. Approval of agreements

§ 4944. Approval of agreements
(a) No association organized under this subchapter shall receive funds from any municipality for the purpose of distributing, sharing, or pooling any risk until a plan for the operation of the association together with all contracts, agreements, and any other documents underlying or implementing the plan, and all amendments thereto, have been approved by the Commissioner of Financial Regulation.
(b) The Commissioner shall adopt rules to assist in the formation of such associations and to expedite approval of any plan of operation. The Commissioner shall also adopt rules relating to the administration and operation of such associations in order to provide for the fiscal integrity of agreements entered into under section 4942 of this title and to provide that trade, market, and claim practices engaged in by such associations are equitable, fair, and consistent. In adopting such rules, the Commissioner shall recognize that such associations are undertaking an essential governmental function and that they shall not be considered insurance companies nor insurers under the laws of this State. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986; amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a).)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4945. Inapplicability of other laws

§ 4945. Inapplicability of other laws
The provisions of section 4863 of this title shall not apply to the formation of an association organized under this subchapter, nor to the participation therein by a municipality. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4946. Declaration of policy

§ 4946. Declaration of policy
The General Assembly hereby finds and declares that the implementation of this subchapter by any municipality and the activity of any association organized pursuant to this subchapter shall constitute essential governmental functions. Participation by a municipality in an agreement or association established pursuant to this subchapter shall not create joint and several liability as a result of any act or omission of any other municipality or association, nor shall such participation constitute a waiver of sovereign immunity under 29 V.S.A. § 1403. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 121 - Intermunicipal Cooperation and Services › § 4947. Health benefit plans offered to entities providing educational services

§ 4947. Health benefit plans offered to entities providing educational services
(a) As used in this section:
(1) “Health benefit association” means an association that offers one or more health benefit plans to school employers for coverage of their school employees.
(2) “School employee” shall have the same meaning as in 16 V.S.A. § 2101.
(3) “School employer” shall have the same meaning as in 16 V.S.A. § 2101.
(b) A health benefit association shall offer the same plan or plans to all school employers.
(c) A health benefit association shall solicit the input of the Commission on Public School Employee Health Benefits established in 16 V.S.A. § 2102 regarding the design of the health benefit plan or plans to be offered to school employers for coverage of their school employees.
(d) The governing board of a health benefit association shall be composed of the following six members:
(1) three members appointed by the organization representing the majority of the public school boards in this State, who shall not be employees of the organization; and
(2) three members appointed by the labor organization representing the greatest number of public school employees in the State, who shall not be employees of the organization.
(e) A health benefit association shall make all health benefit plans that it offers available to approved or recognized independent schools operating in Vermont. Participation shall not create joint and several liability as a result of any act or omission of any other school, municipality, or association. Schools that participate under this section shall be provided with copies of the annual audit. The provisions of 16 V.S.A. § 166 shall apply for purposes of determining whether a school qualifies as an “approved or recognized independent school.” (Added 1997, No. 138 (Adj. Sess.), § 20a, eff. April 27, 1998; amended 2018, No. 11 (Sp. Sess.), § H.25.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 122 - Intermunicipal Contracts; Development › § 4951. Contract for joint municipal development

§ 4951. Contract for joint municipal development
(a) Any two or more municipalities, as provided in this chapter, may enter into contracts with each other, provided a vote of a majority of those voting at an annual or special meeting warned for that purpose grants authority to the respective legislative branches of each municipality to enter into such contracts, for the purpose of developing real property for industrial, commercial, or residential purposes. These contracts may provide that the respective municipalities be authorized to do the following:
(1) Apportion such sums of money as shall be paid as an annual tax upon such property among said municipalities;
(2) Make application for, receive, or expend State, federal, and private development grants;
(3) Enter into contracts with consultants, engineers, architects, and other experts for services;
(4) Enter into contracts pursuant to section 2741 of this title relating to taxation of real and personal property;
(5) Acquire, manage, lease, mortgage, or sell interests in real property;
(6) Borrow money and issue evidence of indebtedness as provided in chapter 53 of this title;
(7) Adopt bylaws to govern its procedures;
(8) Any other matters necessary and proper in attaining the purposes of this section.
(b) If the contract entered into under this section includes the authority to borrow money or issue evidence of indebtedness, the contract shall also specify how the obligations to be incurred will be apportioned and may provide that any obligation incurred by a member municipality shall not affect the limitation of indebtedness of that municipality.
(c) Any contract entered into under this section shall:
(1) be filed with the clerk of the respective municipalities and made available for public inspection;
(2) continue in full force and effect for the term specified therein or until modified by mutual agreement of the legislative branches of each municipality. (Added 1983, No. 21.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 123 - Municipal Housing Codes › § 5001. Legislative findings

§ 5001. Legislative findings
The General Assembly finds:
(1) There exist in the various municipalities numerous dwellings and dwelling premises that are substandard due to dilapidation, deterioration and disrepair, structural defects, uncleanliness, lack of adequate ventilation, light, sanitary, heating and hot water facilities, overcrowding of dwellings, occupancy of unfit dwellings, and other conditions and defects which increase the hazards of illness, disease, fire, accidents, and other calamities;
(2) These conditions, singly or in combination, endanger the health, safety, morals, and general welfare of the people of the various municipalities and give impetus to the development, continuation, extension, and aggravation of blighted and substandard housing conditions;
(3) The establishment and maintenance of minimum standards for dwellings is necessary to the protection of the public health, safety, morals, and general welfare. (Added 1969, No. 270 (Adj. Sess.).)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 123 - Municipal Housing Codes › § 5002. Definitions

§ 5002. Definitions
As used in this chapter:
(1) “Board” means the board established or designated as the housing board of review.
(2) “Dwelling” means any building or structure or part thereof, including hotels and rooming houses, that is used, occupied, or intended to be used or occupied for human habitation, and includes dwelling premises, appurtenances, and facilities belonging to the dwelling or usually enjoyed therewith.
(3) “Dwelling premises” means the land and auxiliary buildings thereon used or intended to be used in connection with the dwelling.
(4) “Enforcing officer” means the head, or his or her duly authorized representative, of the division, bureau, office, department, or agency responsible for enforcing and administering any ordinance or regulation adopted under this chapter.
(5) “Municipality” means a city, town, or incorporated village. (Added 1969, No. 270 (Adj. Sess.).)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 123 - Municipal Housing Codes › § 5004. Establishment of enforcement agency

§ 5004. Establishment of enforcement agency
If a municipality adopts an ordinance pursuant to section 5003 of this title it shall provide for the creation of such agencies, departments, divisions, and offices as may be required to administer the powers and duties authorized by this chapter, and for the designation of the head of such agency, department, division, or office, or his or her delegate as an enforcing officer under this chapter. (Added 1969, No. 270 (Adj. Sess.).)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 123 - Municipal Housing Codes › § 5006. Court review

§ 5006. Court review
(a) Any person, including the enforcing officer, aggrieved by any decision of the board, may appeal to the Superior Court. The appeal shall not stay proceedings upon the decision appealed from, but the court may on application, upon notice to the board and on due cause shown, grant a restraining order. The board shall not be required to return the original papers acted on by it, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(b) If upon the hearing it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly or may modify the decision appealed from. (Added 1969, No. 270 (Adj. Sess.); amended 1971, No. 185 (Adj. Sess.), § 206, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 123 - Municipal Housing Codes › § 5007. Penalties

§ 5007. Penalties
Municipalities may prescribe by ordinance penalties for any violation of any ordinance or regulation adopted under this chapter by a fine not to exceed $200.00 or by imprisonment for not more than 30 days, or both, for each violation thereof. Each day’s failure to comply with any such provision shall constitute a separate violation. (Added 1969, No. 270 (Adj. Sess.).)