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2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 10. Highways, etc

§ 10. Highways, etc
The City Council is hereby authorized and empowered to lay out new highways, streets, public walks, and squares, for the use of said City, or to alter those already laid out; and to regulate and pave streets or highways and construct common sewers therein and to plant the highways, streets, public walks, and squares with trees for shade or ornament; and to fix the plans of public bridges within the City, and build or rebuild and repair the same as often as necessary, taking the same measures in all respects as are or may be directed by the laws of this State to be taken in case of highways laid out by the selectboard for the use of their towns, and to construct and repair sidewalks in the principal streets of said City and to direct in what manner and of what materials such sidewalks shall be constructed or repaired, and may assess the owners of property, through which or fronting which such sidewalks are constructed, so much of the expense thereof as said City Council shall judge said lands and property to be benefited thereby, after giving six days notice of the time and place of hearing to the parties interested, their agents, or attorneys; such assessment to be collected in the same manner as City taxes are collected. Any person or persons aggrieved by the laying out of such highways, streets, public walks, squares, or bridges, or by being assessed for sidewalks as above provided, may have the same remedy by application to the county court as is provided by law in cases of highways laid out by the selectboard.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 12. Taxes

§ 12. Taxes
The City Council shall lay a tax not exceeding 300 cents on the dollar of the grand list of said City on the ratable estate within the same, whether of residents or nonresidents, for any of the purposes hereinbefore mentioned, and shall make out a rate bill accordingly and deliver the same to the Treasurer, and the Constable or Collector shall have power to collect it and may sell property to satisfy the same, and for want thereof may commit any person against whom he or she has such a tax to jail. Such sales for taxes shall be advertised and conducted as provided by the Public Laws; provided however, that, if any parcel of real estate so advertised and sold shall yield a larger amount at such sale than the total amount of taxes, costs, and charges against the owner, such sale shall not thereby be void, but shall stand, subject to the statutory right of redemption, upon tender of payment to the owner of the amount of such excess. And the City Council shall be a Board for the Abatement of Taxes.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 13. Official bonds

§ 13. Official bonds
The Treasurer, Constable, and collectors shall severally give good and sufficient bonds to the City to be approved by the City Council, in such sums as may be fixed by said Council, and in case of their failure to give bonds as aforesaid within 10 days after their election to said office, the office shall be vacant and it shall be the duty of the City Council to fill all such vacancies and all those caused by death, resignation, or otherwise.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 14. Water

§ 14. Water
The City Manager and the aldermen who are designated as water commissioners are hereby empowered to enter in the daytime any premises or buildings in said City in which City water may be used, for the purpose of determining how much of said water is used and for the reasonable inspection of the same.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 16. City Court

§ 16. City Court
There may be holden in said City, from time to time, as occasion arises, a City Court, which shall be a court of record, presided over by a justice of the peace who shall be designated by the City Council as judge thereof; of which court the City Clerk shall be the Clerk. Said Court shall have the same jurisdiction and powers within said City as justices of the peace now have and shall be subject to and governed by all statutes relating to courts of justices of the peace.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 26. Sales, etc

§ 26. Sales, etc
(a) All sales, leases, or grants of any real estate belonging to the City shall be signed by the Mayor thereof, and sealed with the City Seal, and any conveyance so executed, if approved by a meeting of the citizens of the City legally assembled, and recorded in the records of the town where the lands so sold, leased, or granted lie, shall be good and effectual in law to convey the estate intended to be conveyed by such sale, lease, or grant.
(b) Any allocation of wastewater treatment capacity of the wastewater treatment plant of the City and any use of any wastewater distribution mains of the City connected to the plant serving any property outside the territorial limits of the City shall require a written agreement setting forth the specific terms and conditions of the allocation of wastewater capacity or use of wastewater distribution mains of the City connected to the plant. Any written agreement allocating wastewater treatment capacity outside the territorial limits of the City shall be approved at an annual or special meeting of the voters of the City legally assembled and, once signed by the City Council, or its authorized representative, shall be recorded in the land records of the municipality where the lands are located and benefited by the allocation of wastewater treatment capacity or use of wastewater distribution mains of the City connected to the plant. (Amended 2007, No. M-15, § 2, eff. May 16, 2007.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 28. Freemen

§ 28. Freemen
The freemen of the City shall have the right to choose a Representative to represent the same in the General Assembly of this State and shall also have the same right to vote at elections for Governor, Lieutenant Governor, members of Congress, and all other officers of the general and State government that other freemen of this State have or may have.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 51. Creation

§ 51. Creation
A Traffic Court for the City of Vergennes is hereby created and established with the sole jurisdiction of receiving waiver of process and trial, admission of violation, and fines from violators of the provisions of parking and traffic ordinances of said City of Vergennes, and for the sole purpose and with the sole authority of carrying out the provisions of this subchapter.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 52. Powers

§ 52. Powers
The person holding the Office of City Treasurer of the City of Vergennes shall be the Judge of said Court and shall exercise the powers and perform the functions and duties thereof. The Judge of said Court shall act as the Clerk thereof, and keep its files and records, or shall appoint his or her deputy or assistant.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 54. Violations, convictions; statement

§ 54. Violations, convictions; statement
Any person charged with the violation of any rule, regulation, restriction, or ordinance of said City, which regulates, restricts, or defines the time or place of parking vehicles in the City of Vergennes or prescribes any traffic regulations, may within three days from the date of such charge by a statement signed by such person admit such violation and waive issuing of any process and a trial by jury or hearing and may voluntarily pay to said Traffic Court of said City the penalty herein prescribed; provided, however, that whenever in the opinion of said Court, the gravity of the offense requires a fine in excess of the above penalty, such Court may refuse to accept such signed statement and penalty and shall then make complaint to the proper prosecuting officer of said City or to the State’s Attorney of the County. In such event, such signed statement and penalty shall be returned to the offender and shall not be considered as an admission or used as evidence in any trial in any court in this State.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 55. Signed statements

§ 55. Signed statements
Said Court shall treat such signed statements, if accepted and accompanied by the penalty herein prescribed, as a plea of guilty and shall make such entry on its records. No costs, fees, or further charges shall be assessed against any person so admitting a violation of any parking or traffic rule, regulation, or ordinance, or shall be allowed or paid to any officer or person because of such violation, but such penalty shall be accepted by said Court in full discharge of the criminal liability of such person caused by such violation. Said Court shall retain all such signed statements for a period of two years from the date thereof and shall keep a separate record, available to the public at any reasonable time, of all money collected and all other official acts done in connection therewith.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 56. Penalty

§ 56. Penalty
The penalty, which may be so voluntarily paid by any person so violating any ordinance regulating, restricting, or defining the time and place of parking vehicles in the City of Vergennes, shall be set by the City Council subject to the limits set forth in 23 V.S.A. chapter 19, Parking; police courts. Other violations of the ordinances of said City shall be punished in the manner prescribed by law.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 57. Collection

§ 57. Collection
All money so collected by said Court in any one month shall be covered into the Treasury of the City of Vergennes on the first day of the following month with a statement of the names of the persons from whom the money was collected, provided that said Court may turn over said money collected during any shorter period at the end of such period.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 61. Water system authorized

§ 61. Water system authorized
The City of Vergennes is hereby authorized and empowered to construct and maintain a water system, with necessary structures, appliances, pipe lines, aqueducts, pumps, pump house, filtration basin or basins, reservoir or reservoirs, water tower, or towers and all necessary appurtenances to operate the same by water power, gravity, electricity, or other means, and to conduct water to and distribute the same through said City for the purpose of supplying the inhabitants thereof with water for fire, domestic, mechanical, and other purposes and may take and hold, by purchase or the right of eminent domain, in addition to the land, water power, water rights, privileges, and appurtenances thereof already owned or acquired by said City, such land and easements, springs, wells, ponds, streams, water privileges, and other sources of supply, located within or without the City limits, as may be necessary for obtaining a proper and adequate supply, storing and distributing same, preventing the pollution of the water supply of said City, and for proper construction, extension, and maintenance of said water system; provided, however, that such right of eminent domain shall not include the taking of private water power rights. Said City may enter upon and use any land, highways, easements, and rights of way through or over which it may be necessary for the pipes or aqueducts, reservoirs, water towers, structures, and appurtenances as may be necessary for the complete construction and maintenance of said water system and may also, for the purposes aforesaid, dig up or occupy any common, highway, street, right of way, or bridge for the purpose of laying, constructing, or repairing such pipes or aqueducts and all appurtenances thereof and may, for the purposes of this subchapter, build, construct, and repair from time to time, as may be necessary, the dam or falls of the water power now owned and used by said City.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 62. Powers

§ 62. Powers
Said City is authorized and empowered to borrow money and issue its negotiable bonds and notes to an amount not exceeding $160,000.00, maturing, in installments as may be determined by the special committee authorized by section 64 of this charter, within a maximum period of 30 years from date of issue, for the purpose of acquiring the necessary lands, easements, and sources of supply and constructing said water system and paying all expenses incident thereto. Such bonds shall bear interest at a rate not exceeding five percent and shall not be sold for less than 95 percent of their par value. The bonds or notes shall be signed by the Mayor of said City and countersigned by its Treasurer, and if interest coupons are attached, they shall bear the facsimile signature of the Treasurer of said City. The bonds or notes shall specify on their face the purpose for which they are issued and that they are issued under the authority of this subchapter, which shall be conclusive evidence of the liability of said City to any bona fide holder of the same. It is hereby made the duty of the said City to provide for the payment, and to pay the interest and principal, of said bonds or notes as they shall fall due. If said City shall for any cause fail to provide means for the payment of the interest and principal that may become due, then it shall become the duty of the City Council, without vote of the City, seasonably to assess upon the grand list of said City a tax sufficient to meet the interest and principal of said bonds or notes as they respectively become due, and place the same with a proper warrant, signed by a justice of the peace, in the hands of the Collector of Taxes for said City to collect the same immediately and pay it into the hands of the Treasurer, whose duty it shall be to pay the principal and interest of said bonds or notes as they shall fall due. Nothing contained in this section shall be construed to prohibit the holder or holders of said bonds or notes from resorting to any legal means to enforce payment of same.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 63. Bonding; vote required

§ 63. Bonding; vote required
The City, by a two-thirds vote of the legal voters present and voting at a meeting duly warned and holden in whole or in part for that purpose, may vote to lay, construct, and maintain said system of water works as contemplated by this subchapter, and vote to borrow money for that purpose, and issue its negotiable bonds or notes, determined what amount of bonds or notes shall be issued therefor, determine the denomination thereof, the rate of interest thereon, and how and when payable.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 64. Special committee

§ 64. Special committee
Pursuant to such vote of the City, a special committee including the Mayor and chosen by the Chamber of Commerce of the City and confirmed by the City Council shall have charge of the borrowing of the money as hereinbefore provided and shall lay out and construct said system of water works and shall have exclusive control and direction of the construction and all expenses incurred therein. Vacancies occurring in said committee shall be filled by the remaining members thereof, subject to confirmation by City Council. Said committee shall serve without pay, but shall be allowed its actual expenses.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 65. Damages; procedure for determining

§ 65. Damages; procedure for determining
If in any case the damages caused by taking the water or by taking the land, or any right, title, or interest therein, or for entering upon and using any land as aforesaid, are not adjusted by agreement of the parties affected thereby, or if the owner disputes the necessity for such taking, the City Council shall proceed in the same manner as is provided by law for selectboards in taking lands for highway purposes and in awarding damages therefor. If any interested person or corporation is dissatisfied with the decision as to the necessity for or the extent of such taking or with the award of damages, it may apply by petition to the Addison County Court setting forth the particulars wherein said petitioner claims to be aggrieved, and any number of persons may join therein. Said petition, with a citation, shall be served on the Clerk of said City within 30 days from the filing of the award and description of the property taken and at least 12 days before the term of the Court to which the petition is returnable; the Court shall thereupon appoint three disinterested persons as commissioners, who shall inquire into the intent and necessity of such taking and as to the damages sustained by the petitioners. Said commissioners shall give at least six days’ notice of the time and place of hearing to the petitioners and to the Clerk of the City of Vergennes; they shall report their findings to the Court, and, upon hearing, said Court may accept or reject said report, in whole or in part; make such orders in the premises as justice requires; render judgment for the petitioners respectively; take costs for either party; and award execution. In case final judgment is rendered for the City, or if no appeal from the decision of the commissioners is taken, the City may immediately tender the amount awarded as damages and costs and thereupon enter upon and occupy the premises so taken.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 66. Authority to furnish water

§ 66. Authority to furnish water
Said City may sell or furnish water to any person or corporation for fire, sanitary, domestic, or other purposes not in conflict with the public service laws of the State, within or without said City, and lay all pipes necessary to furnish water to all such persons.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 67. Rules

§ 67. Rules
The City Council shall make and establish all necessary rules and regulations for the government and operation of the water works, and may draw orders upon the Treasurer of said City for the necessary expenses of the same; may establish rates or rents for the use of the water, and provide for the collection of the same; and may, from time to time, modify, increase, or diminish such rates or rents and extend them to any description of property or use as said City may see fit and deem proper. Such rates or rents for the use of the water as may be established upon lots, buildings, factories, steam engines, stores, shops, stables, and other property shall be collected from the owner of the property so supplied, unless otherwise provided in the lease of the water; and such rates or rents shall be in the nature of a tax, and be a lien and charge upon such buildings, lots, and other property so supplied, and may be collected in the same manner as any municipal tax. Said water rates or rents may be ordered to be paid in advance, and all necessary provisions and orders may be made by said City Council relating to the supply or stoppage of water as they may deem necessary to ensure such payments. Said City Council shall appoint a Collector of Water Rates or Rents, and may remove him or her at pleasure; and said Collector, before he or she enters upon the duties of his or her office, shall execute a bond to the City of Vergennes and file the same with the Clerk of said City, conditioned for a just and true accounting of all money received and disbursed by him or her, and for the faithful performance of the duties of his or her office, in such sum and with such sureties as said City Council shall direct, and, if he or she fails to comply therewith within five days from his or her appointment, said office shall thereby become vacant and said City Council shall appoint others until one so appointed duly qualifies. During the construction contemplated by this subchapter, the committee provided for in section 64 of this charter shall have the exclusive management and control of the existing water works, and of all matters and things appertaining thereto, and shall have all and the same power and authority now vested in the City Council, with reference thereto, with full power of delegation.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 68. Taking; notice

§ 68. Taking; notice
(a) Whenever a notice is required to be given for the taking of land or any right therein or the awarding of damages therefor, a citation shall be issued, signed by the Clerk or City Attorney of said City, and containing the names of all persons to whom notice is to be given, which citation shall be served, in the manner provided for serving a writ of summons, upon the person or persons to whom notice is to be given, by a sheriff, constable, or police officer of said City, not more than 60 days nor less than six days prior to the time of hearing. The return of said officer upon the original citation shall have the same effect as evidence of such service as is by law given to the return of a sheriff or constable upon a writ of summons. Such citation and return shall be made a part of the record of such proceeding.
(b) If at any stage of the proceedings for the taking of land, or any right or interest therein, for the purposes of this subchapter, it appears that any person or persons owning or interested in such land have not been duly notified, said proceedings shall not be held void by reason thereof, but shall be suspended until such person or persons are duly notified as hereinbefore provided. Whereupon the same proceedings shall be held in the same manner and with the same effect as if said person or persons had been duly notified by the original citation. If any person so notified appears, he or she shall be heard upon all matters therein pending in which he or she is interested.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 15 - City of Vergennes › App § 69. Penalty

§ 69. Penalty
A person who shall willfully disturb or injure said aqueduct, reservoir, filtration basin, or any of the connecting appurtenances, or works thereof, or pollutes the water thereof shall be liable to be prosecuted therefor by a Grand Juror of said City, or the State’s Attorney of the county wherein said offense was committed, and shall be fined not more than $100.00 nor less than $5.00 with costs of prosecution, and shall be liable to said City for all damage resulting to it by such disturbance, injury, or pollution, with full costs, the same to be recovered by said City in any action founded on this subchapter. Justices of the peace and the municipal court shall have concurrent jurisdiction with the county court of offenses under this section.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 101. Corporate existence retained; form of government

§ 101. Corporate existence retained; form of government
(a) The City of Winooski as constituted by 1921 Acts and Resolves No. 314, as amended, is hereby continued to be incorporated as a body corporate and politic. The boundaries of the City are depicted on a plan recorded as Slide 10 Map 77-3 (formerly Book 2 Page 14), attached hereto as Exhibit A.
(b) The municipal government provided by this charter shall be known as a council-manager form of government. Pursuant to its provisions and subject only to the limitations imposed by the State Constitution and by this charter, all powers of the City shall be vested in an elective council, hereinafter referred to as “the Council,” which shall enact ordinances, codes, and regulations; adopt budgets; determine policies; appoint the City Manager; and exercise the powers of a municipal legislative body. All powers of the City shall be exercised in the manner prescribed by this charter or prescribed by ordinance or by resolution.
(c) [Repealed.] (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 102. Powers of the City

§ 102. Powers of the City
The City of Winooski shall have all powers possible for a City to have under the Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. (Added 2013, No. M-9, § 3, eff. June 4, 2013.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 103. Construction

§ 103. Construction
The powers of the City under this charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power stated in this article. The City shall have and may exercise all of the powers given to towns by the general law. (Added 2013, No. M-9, § 3, eff. June 4, 2013.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 104. Intergovernmental relations

§ 104. Intergovernmental relations
The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation by contract or otherwise, with the State and any one or more of the political subdivisions of the State or agencies thereof, or the United States or any agency thereof. (Added 2013, No. M-9, § 3, eff. June 4, 2013.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 105. Power over water resources

§ 105. Power over water resources
(a) No person, association of persons, corporate entity, or municipality, or any combination thereof, may develop, conserve, or use in whole or in part the water resources of the Winooski River as it flows through the City of Winooski for a water power project located in whole or in part in the City of Winooski without obtaining the approval of the City Council of the City of Winooski in addition to any other necessary State or federal agency approvals.
(b) The City of Winooski may make, amend, repeal, and enforce any ordinances, regulations, rules, and bylaws not contrary to the laws of the State of Vermont or of the United States as it may deem necessary to carry into effect the powers and duties conferred and imposed by this section. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2021, No. M-6, § 2, eff. June 24, 2021.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 201. City meetings

§ 201. City meetings
The annual City meeting shall occur on the first Tuesday in March and shall be warned in the manner provided by general law. Special City meetings shall be called and warned as provided by general law. All elections, voter registration and qualifications, absentee voting, and the conduct of City meetings shall be controlled by section 202 of this charter. All matters shall be considered by Australian ballot. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2021, No. M-6, § 2, eff. June 24, 2021.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 202. Qualified voters

§ 202. Qualified voters
(a) Voter registration, absentee voting, and conduct of elections at all annual and special meetings shall be as provided by general law. The qualifications of voters in State and federal elections shall be as provided by general law. The qualifications of voters in City meetings and all municipal elections shall be as set forth in subsection (b) of this section.
(b) Notwithstanding 17 V.S.A. § 2121(a)(1), any person, including persons who are non-U.S. citizens, may register to vote in any City meeting or municipal election who, on election day:
(1) is a legal resident of the City;
(2) has taken the Voter’s Oath; and
(3) is 18 years of age or older.
(c) As used in subdivision (b)(1) of this section, “legal resident of the City” means any person who is a resident of the City and is a United States citizen or resides in the United States on a permanent or indefinite basis in compliance with federal immigration laws.
(d) The City Clerk shall maintain a voter checklist for City meetings and municipal elections, in accordance with subsection (b) of this section, and shall keep the City checklist separate and apart from the voter checklist maintained for State and federal elections.
(e) The voter checklists maintained by the City Clerk for municipal, State, and federal elections shall be subject to the protections given to the statewide voter checklists pursuant to 17 V.S.A. § 2154. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2021, No. M-6, § 2, eff. June 24, 2021.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 203. Special meetings

§ 203. Special meetings
The City Clerk shall, when directed by the City Council on its own motion or upon receipt of a proper petition, call a special meeting of the City at such time and place as the City Council may direct. The warning for such special meeting shall state the purposes for which is it called, shall designate the time and place thereof, and shall be posted and published in the manner provided by general law. Special City meetings shall be called and warned as provided by general law. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 204. Reconsideration and rescission

§ 204. Reconsideration and rescission
Actions taken at an annual or special meeting may be reconsidered or rescinded in the manner provided by general law. (Added 2013, No. M-9, § 3, eff. June 4, 2013.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 205. Nominations in general

§ 205. Nominations in general
Nominations for the office of Mayor and Councilor shall be made by petition, prepared and filed in accordance with the provisions of 17 V.S.A. §§ 2681 and 2681a. The petitions shall contain no party designations. The City Clerk shall cause the names of the persons so nominated to be printed on a ballot in alphabetical arrangement according to surname, and sample ballots shall be posted in at least three public places at least ten days before election. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2021, No. M-6, § 2, eff. June 24, 2021.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 206. Nomination of incumbent

§ 206. Nomination of incumbent
No person may be permitted to seek the nomination for the Office of Mayor or Councilor while a member of the City Council, unless his or her present term of office expires on or before the annual March meeting next to be held. If a member of the City Council resigns to seek another office on the City Council, the resignation must be filed with the City Council and become effective at least 15 days prior to the last day of filing nomination papers of candidates for the offices of Mayor or Councilor. In special elections called for the purpose of filling a vacancy or vacancies on the City Council, a person intending to become a candidate for an office to be filled at a special City election must first resign the present office at least 15 days before the last day for filing nomination papers for the election. (Added 2013, No. M-9, § 3, eff. June 4, 2013.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 207. Voting machines

§ 207. Voting machines
The Council may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law. (Added 2013, No. M-9, § 3, eff. June 4, 2013.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 301. Composition; eligibility; election and terms

§ 301. Composition; eligibility; election and terms
(a) Composition. There shall be a City Council consisting of a Mayor and four Councilors elected by the qualified voters of the City at large.
(b) Eligibility. Only qualified voters of the City shall be eligible to hold the office of Mayor or Councilor.
(c) Election and terms. At the annual City meeting, the City shall elect four councilors, as hereinafter set forth, who shall hold office for two years and until their successor takes office. Two councilors shall be elected at the annual City meeting to be held on the first Tuesday of March, following adoption of this charter, who shall hold office for two years. At each succeeding annual City meeting, two councilors shall be elected for two years. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 302. Compensation; expenses

§ 302. Compensation; expenses
The Mayor and councilors shall receive as compensation for official services such sums, if any, as the legal voters of the City present and voting at an annual or special meeting duly warned and held for that purpose shall order paid. The Mayor and councilors shall receive their actual and necessary expenses incurred in the performance of their duties in office as approved by the City Council. (Added 2013, No. M-9, § 3, eff. June 4, 2013.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 303. Mayor and Deputy Mayor; election, terms, and duties

§ 303. Mayor and Deputy Mayor; election, terms, and duties
At the annual City meeting to be held on the first Tuesday of March, commencing March 3, 2015, and every three years thereafter, the Mayor shall be elected for a term of three years and until the Mayor’s successor takes office. The Mayor shall be the City Council presiding officer and Chair of the City’s Strategic Planning Committee. The Mayor shall be the City Council liaison with regard to the City Manager, governmental entities, and independent agencies and shall be permitted to take any action approved by the City Council, including the execution of documents. The Council shall elect from its members a Deputy Mayor who shall act as Mayor during the absence or disability of the Mayor and, if a vacancy occurs in the office of the Mayor, the Deputy Mayor shall become Mayor until the next annual meeting, at which a new Mayor shall be elected to serve any remainder of the prior Mayor’s unexpired term. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 305. Prohibitions; conflict of interest

§ 305. Prohibitions; conflict of interest
(a) Holding other office. Except where authorized by law, no councilor shall hold any other City office or City employment during the term of election to the Council.
(b) Appointments and removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the Manager or any of the Manager’s subordinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to the appointment and removal of such officers and employees.
(c) Interference with administration. Except for the purpose of inquiries and investigations under this charter, the Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.
(d) Conflict of interest. By ordinance, resolution, parliamentary rule, or prohibition, the Council shall adopt measures relating to the definition, disclosure, and consequences of a conflict of interest involving elected and appointed City officials. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2021, No. M-6, § 2, eff. June 24, 2021.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 306. Vacancies; forfeiture of office; filling of vacancies

§ 306. Vacancies; forfeiture of office; filling of vacancies
(a) Vacancies. The office of a Councilor shall become vacant upon the death, resignation, removal from office in any manner authorized by law, or forfeiture of office.
(b) Forfeiture of office. A Councilor shall forfeit office if at any time during the term of office, the Councilor:
(1) lacks any qualification for the office prescribed by this charter or by law;
(2) violates any express prohibition of this charter;
(3) is convicted of any felony or a misdemeanor involving the affairs or property of the City;
(4) fails to attend three consecutive regular meetings of the Council without being excused by the Council; or
(5) violates an express conflict of interest prohibition.
(c) Filling vacancies. A vacancy in the office of Councilor shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than 60 days upon the occurrence of the vacancy, but the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to appoint within 30 days following the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy, to be held not sooner than 90 days and not later than 120 days following the occurrence of the vacancy and to be otherwise governed by the provisions of Article 2 of this charter. Should the City Clerk fail to call a special election as aforesaid, this duty shall be performed by the Mayor. (Added 2013, No. M-9, § 3, eff. June 4, 2013.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 307. Judge of qualification

§ 307. Judge of qualification
The Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths, and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of this office shall be entitled to a public hearing on demand, and notice of such hearing shall be given as for notice of a special City Council meeting. A decision that a Councilor has forfeited his or her office shall require a two-thirds vote of the entire Council. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 308. Clerk of the City Council

§ 308. Clerk of the City Council
The City Council shall designate the City Clerk, or such other person as the City Council shall appoint or designate, as the Clerk of the Council who shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and perform such other duties as are prescribed by law and assigned by this charter or as directed by the City Council. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 309. Investigations

§ 309. Investigations
The Council may make investigations into the affairs of the City and the conduct of any City department, office, or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any City official, appointee, or employee who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be removed from office or employment upon majority vote of the entire Council. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 310. Independent audit

§ 310. Independent audit
The Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may designate such accountant or firm annually or for a period not exceeding three years, provided that the designation of any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. The Council may accept the report of an audit conducted by the State in satisfaction of all or a part of the requirements of this section. (Added 2013, No. M-9, § 3, eff. June 4, 2013.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 311. Procedure

§ 311. Procedure
(a) Meetings. The Council shall meet regularly at least once in every month at such times and places as the Council may prescribe by rule. Special meetings may be held on the call of the Mayor or of two or more members and, whenever practicable, upon no less than 12 hours’ notice to each member. All meetings shall be conducted in accordance with the open meeting laws of the State.
(b) Rules and journal. The Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record, and available to inspection and copying as for other public records of the City, in accordance with the access to public records laws of the State.
(c) Voting. Voting shall be by voice unless, upon such a vote, the margin of affirmation or denial is one member or a member of the Council calls for a roll call vote, in which case voting shall be by roll call and the ayes and nays shall be recorded in the journal. Three members of the Council shall constitute a quorum, but a smaller number may meet from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in this charter, shall be valid or binding unless adopted by the affirmative vote of a majority of a quorum of the Council. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 401. Action requiring an ordinance

§ 401. Action requiring an ordinance
In addition to other acts required by law or by specific provisions of this charter to be done by ordinance, those acts of the City Council shall be by ordinance that:
(1) provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;
(2) levy taxes, including any voter-authorized local option tax, and special benefit assessments, except as otherwise provided in Article 6 of this charter with respect to the property tax levied by adoption of the budget;
(3) grant, renew, or extend a franchise;
(4) regulate the rate charged for municipal water, sewer (acting as the commission), and utility services, and for the operation of such enterprises;
(5) adopt with or without amendment ordinances proposed under the initiative power;
(6) amend or repeal any ordinance previously adopted, except as otherwise provided in this Article with respect to repeal of ordinances reconsidered under the referendum power. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution; and
(7) establish, amend, or repeal a fee. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 19 - City of Winooski › App § 402. Ordinances in general

§ 402. Ordinances in general
(a) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. The enacting clause shall be “The City of Winooski hereby ordains . . . ”. Any ordinance that repeals or amends an existing ordinance or part of the City Code shall set out in full the ordinance, sections, or subsections to be repealed or amended and shall indicate the matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.
(b) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the Council. Upon introduction of any ordinance, the City Clerk shall distribute a copy to each Council member and to the Manager, shall file a reasonable number of copies in the office of the City Clerk, and shall post and publish the ordinance, or synopsis thereof, as provided by general law, together with a notice setting out the time and place for a public hearing thereon and for its consideration by the Council. The public hearing may be held separately or in connection with a regular or special Council meeting and may be adjourned from time to time; all persons interested shall have an opportunity to be heard. After the hearing, the Council may adopt the ordinance with or without amendment or reject it but, if it is amended as to any matter of substance, the Council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures herein required in the case of a newly introduced ordinance.
(c) Effective date. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of 30 days after adoption or at any later date specified therein. (Added 2013, No. M-9, § 3, eff. June 4, 2013.)