reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 105 - Consolidated Sewer Districts › § 3678. Record of proceedings

§ 3678. Record of proceedings
The clerk shall keep a record of the votes and the proceedings of the district meetings and give certified copies thereof when required. A clerk who neglects to perform his or her duty shall forfeit $20.00 to the district, to be recovered in a civil action on this statute. (1967, No. 318 (Adj. Sess.), § 7, eff. March 22, 1968.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 105 - Consolidated Sewer Districts › § 3679. Finances—Sewer rates; application of revenue

§ 3679. Finances—Sewer rates; application of revenue
(a) The board of sewer commissioners of a consolidated sewer district shall establish rates for the sewer service and all individuals, firms, and corporations whether private, public, or municipal shall pay to the treasurer of the district the rates established by the board. The manner of establishment of the rates shall be in accord with section 3615 of this title. The rates shall be so established as to provide revenue for the following purposes:
(1) to pay current expenses for operating and maintaining the sewer system;
(2) to provide for the payment of interest on the indebtedness created by the district;
(3) to provide each year a sum equal to not less than two percent nor more than five percent of the entire indebtedness created or assumed by the district to pay for the cost of the sewer system and improvements thereto, which sum shall be used to pay indebtedness maturing in that year or turned into a sinking fund and there kept to provide for the extinguishment of indebtedness of the district;
(4) if any surplus remains at the end of the year, it may be turned into the sinking fund or used to pay the cost of improvements to the sewer system.
(b) The money set aside for the sinking fund and any increment thereon shall be devoted to the retirement of obligations of the district or invested in such securities as savings banks or fiduciaries or trustees are now or hereafter allowed to hold. The balance of revenue, if any, required to meet expenses shall be apportioned among and collected from member towns as herein provided.
(c) When a rate established under this section for the management of stormwater is applied to property owned, controlled, or managed by the Agency of Transportation, the rate shall not exceed the highest rate category applicable to other properties in the municipality, and the Agency of Transportation shall receive a 35 percent credit on the rate. The Agency of Transportation shall receive no other credit on the rate from the consolidated sewer district. (Added 1967, No. 318 (Adj. Sess.), § 8, eff. March 22, 1968; amended 2015, No. 158 (Adj. Sess.), § 31, eff. June 2, 2016.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 105 - Consolidated Sewer Districts › § 3681. Special tax assessment for payment of execution

§ 3681. Special tax assessment for payment of execution
When a demand is made upon the district for the payment of an execution issued against it and the district has no available funds to pay the same, the board of sewer commissioners shall compute the share of each member town in such execution, with costs, interest, and other charges, to be paid by it in accordance with the agreement among the member towns or the formula established in section 3679 of this title, and shall give notice of the amount thereof to the legislative branch of each member town. The member town through its proper officer shall forthwith pay to the treasurer of the district its share of the execution and any charges. If the member town has insufficient funds to pay its share, its legislative branch shall forthwith assess and have collected a tax sufficient to pay the same in the manner its other taxes are assessed and collected. (1967, No. 318 (Adj. Sess.), § 10, eff. March 22, 1968.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 105 - Consolidated Sewer Districts › § 3682. Debts and liabilities of member towns

§ 3682. Debts and liabilities of member towns
No debt or liabilities of a town that is a member of the district shall accrue against the district. (1967, No. 318 (Adj. Sess.), § 11, eff. March 22, 1968.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 105 - Consolidated Sewer Districts › § 3684. Indebtedness

§ 3684. Indebtedness
(a) General obligations. A consolidated sewer district may incur indebtedness as provided by chapter 53, subchapter 1 of this title and by chapter 101 of this title for the purpose of paying the cost of a sewer system and improvements to the sewer system or for funding or refunding, including the payment of premium, any bonds or other evidences of indebtedness issued or assumed by the district. The limits on indebtedness in chapter 53 of this title or otherwise shall not apply to indebtedness incurred or assumed by a consolidated district for the purposes of this chapter.
(b) Joint and several obligations. Obligations incurred under chapter 53, subchapter 1 of this title and chapter 101 of this title by a consolidated sewer district shall be the joint and several obligations of the district and the member towns composing it. However, as among the member towns, their respective shares of the obligation shall be apportioned and paid in the manner provided in this chapter. Any joint or several liability incurred by a member town under this chapter shall not be considered in determining its debt limit for its separate purposes. Notwithstanding the limitations in sections 1755 and 1759 of this title, bonds or other evidences of indebtedness of a consolidated sewer district may be authorized by a majority of the voters present and voting on the question at a district meeting, may be paid in not more than 30 years from their date of issue, may be made callable at the option of the district with or without premium, and the serial maturities of those bonds or evidences of indebtedness may be so arranged that beginning with the first year in which principal is payable, the amount of principal and interest payable in any year shall be as nearly equal as is practicable according to the denominations in which the bonds or other evidences of indebtedness are issued.
(c) Obligations payable solely from revenue. In addition to authority granted in this section, a consolidated sewer district may issue bonds or other evidences of indebtedness under chapter 53, subchapter 2 of this title. However, no such bonds payable solely from revenues shall be issued while the district has outstanding any bonds or other evidences of indebtedness for which the district and the member towns are jointly and severally liable as provided in this chapter, except notes or other evidences of indebtedness issued temporarily in anticipation of revenue. (Added 1967, No. 318 (Adj. Sess.), § 13, eff. March 22, 1968; amended 2019, No. 131 (Adj. Sess.), § 268.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 105 - Consolidated Sewer Districts › § 3685. Changes in membership—Inclusion of additional towns

§ 3685. Changes in membership—Inclusion of additional towns
(a) When a majority of voters of a town, present and voting at a meeting duly warned for that purpose, shall vote to apply to a neighboring consolidated sewer district for admission as a member of the district, the vote shall thereupon be certified by the clerk of the town to the clerk of the consolidated sewer district and to the Secretary of State. Such vote and certification if accepted by the consolidated district within two years after the date of the vote shall be binding on the town without the subsequent vote in the town contemplated in subsection (b) of this section.
(b) When it appears to the board of sewer commissioners that the boundaries of the consolidated sewer district should be changed to include another town, they may insert an article fully describing the proposed change in the warning for a regular or special meeting of the district, which proposed change shall state the number of additional members to be added to the board of sewer commissioners if such change is approved.
(c) When a majority of the voters voting at such meeting vote to include an additional town within the boundaries of the consolidated sewer district as a member thereof, the board of sewer commissioners shall notify the legislative body of the additional town of the vote. Thereupon the legislative body of the additional town shall duly warn a meeting thereof, setting forth in such warning the vote of the consolidated sewer district and the proposed change in its boundaries. If a majority of the voters voting at the meeting of the additional town vote to be included within the district, the result of the vote and the result of the vote already taken by the consolidated sewer district shall be certified to the Secretary of State, who shall record the same in his or her office. A certificate of such record shall immediately be filed by the Secretary of State in the office of the clerk of the consolidated sewer district and of any additional town to be included therein as a member thereof, which filing shall be notice to all parties of the addition to the consolidated district.
(d) The consolidated sewer district as so enlarged shall thereupon have all the powers and responsibilities given it by this chapter. Any vacancy on the board of sewer commissioners created as a result of the increase in the number thereof shall be filled as provided in section 3674 of this title. The additional member town shall share in the expenses of the district in the proportion provided in this chapter for other member towns from the date the certificate of the Secretary of State is filed in the office of the clerk of the district and the office of the clerk of the additional town. (1967, No. 318 (Adj. Sess.), § 14, eff. March 22, 1968.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 105 - Consolidated Sewer Districts › § 3686. Withdrawal from district

§ 3686. Withdrawal from district
(a) A town that is a member of a consolidated sewer district may vote to withdraw from the district if one year has elapsed since the district has become a body politic and corporate as provided in section 3673 of this title and if the consolidated sewer district has not voted to bond itself for construction or improvements. Any vote to withdraw before the expiration date of one year or after the district has voted bonds or other form of long term obligation shall be null and void.
(b) When a majority of the voters of a town present and voting at a town meeting duly warned for that purpose shall vote to withdraw from a consolidated sewer district, the vote shall thereupon be certified by the clerk of the town to the Secretary of State who shall thereupon record such certificate in his or her office, and the membership of the withdrawing town in the consolidated sewer district shall be at an end as of December 31 immediately following or as soon thereafter as the obligations of the withdrawing town as incurred under this chapter have been paid to the district. (1967, No. 318 (Adj. Sess.), § 15, eff. March 22, 1968.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 105 - Consolidated Sewer Districts › § 3687. Eligibility for State aid

§ 3687. Eligibility for State aid
A consolidated sewer district formed under this chapter shall be eligible to receive State aid as provided in 10 V.S.A. chapter 55 and under the terms, conditions, and procedures set forth in these chapters. (1967, No. 318 (Adj. Sess.), § 16, eff. March 22, 1968; amended 1971, No. 97, § 2, eff. April 22, 1971.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 107 - Fuel and Ice Plants › § 3701. Fuel and ice

§ 3701. Fuel and ice
A municipality may establish and maintain a wood, coal, and fuel yard for the purpose of selling fuel at cost to its inhabitants. It may establish and maintain an ice plant for the purpose of manufacturing, cutting, and storing ice to sell to its inhabitants at cost.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3801. Sufficient fences

§ 3801. Sufficient fences
Fences four and one-half feet high, in good repair and so constructed as to prevent the escape of sheep, and any natural barrier equivalent to such fence shall be deemed sufficient, except fences on the sides of highways that the owners of land are not bound to make and maintain. Occupied land bordering upon highways shall be deemed to be the enclosure of the owner or occupant. A person driving cattle, sheep, swine, or other stock upon a highway, and exercising reasonable care, shall not be liable for damages by reason of the escape of such animals into an enclosure adjoining the highway, unless the fence between the highway and the enclosure is a sufficient fence within the meaning of this section.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3802. Maintenance

§ 3802. Maintenance
Owners or occupants of adjoining lands, where the lands of both parties are occupied, shall make and maintain equal portions of the division fence between their respective lands. The owner of unimproved and unoccupied land adjoining occupied land of another person shall make his or her proportion of a fence between such lands unless the selectboard of the town where the improved land lies, on request of either party, and on reasonable notice by the selectboard to parties interested, decides that such owner ought not to be compelled to make any part of such fence. The decision of the selectboard in such case shall be recorded in the town clerk’s office and shall be final between the parties. The selectmembers shall receive for their services the fees of fence viewers.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3803. When part of land unoccupied

§ 3803. When part of land unoccupied
When the selectboard decides that the owner of the unoccupied land is not bound to make a part of the fence, the owner of the occupied land may make the whole or such part as is necessary to protect himself or herself. When the other owner occupies the adjoining land so as to be benefited by such fence, he or she shall pay to the person so making it, for his or her equal portion thereof, its value at the time.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3804. Pasturing land without division fence

§ 3804. Pasturing land without division fence
When the lands of two or more individuals are lying without division fence, neither party shall put horses, cattle, sheep, swine, or other animals thereon to pasture or to run at large, until they agree to occupy the lands without division fence and in common. When they cannot agree, upon application of either party and notice to the opposite party, the fence viewers shall determine the number of animals each party may put upon such lands. When recorded in the office of the town clerk, the decision of the fence viewers shall be final.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3805. When fence cannot be made on line

§ 3805. When fence cannot be made on line
When the dividing line between lands is so situated that a fence cannot be made thereon by reason of water or otherwise, and the owners cannot agree on a place to make the same, either party may apply to the fence viewers. After giving reasonable notice to the opposite party, such fence viewers shall determine where the fence shall be made, how much and what part each shall make and maintain, and such decision shall be final.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3806. Fence viewers to locate; effect

§ 3806. Fence viewers to locate; effect
In such case, the fence viewers shall establish the line of the fence as near the line between the lands as, in their opinion, is practicable. Each owner of the land, at the time of such division of the fence, shall ever after be deemed in possession of that portion of his or her land enclosed with that of the other owner in consequence of the division. If disagreement arises in relation to the occupancy of such lands, the same shall be determined by the fence viewers, who shall decide such matter of disagreement on the application of either party and after suitable notice is given to the opposite party.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3807. Damage by straying animals

§ 3807. Damage by straying animals
When the lands of two or more individuals are so situated that none of them are compelled to make and maintain a fence on the dividing line between their land by reason of open or unoccupied lands or highways lying between, each owner or keeper shall be liable for the damages done on the occupied lands of others by an animal straying from his or her lands and being taken on such occupied lands. Such damages may be recovered in a civil action on this statute.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3808. Liability of person bound to build fence

§ 3808. Liability of person bound to build fence
When a person bound to support a portion of the division fence does not make or maintain his or her portion, he or she shall be liable for damages done to or suffered by the opposite party in consequence of such neglect. An owner or occupant of adjoining lands, after 10 days from the time notice is given to the opposite party, may make or put in repair the fence and recover from the opposite party damages arising from the neglect, with the expense of building or repairing the fence. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 2009, No. 154 (Adj. Sess.), § 184.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3809. Sudden destruction of fence; repairs; damages

§ 3809. Sudden destruction of fence; repairs; damages
When a division fence is suddenly damaged or destroyed by fire, winds, or floods, a person who ought to repair the same shall do so within 10 days after being thereto requested by a person interested therein, and shall pay the damages done to the opposite party by animals straying from his or her occupied lands to those of the other party during the time the fence is out of repair. If he or she does not make or repair his or her portion of the fence within 10 days after such request, the party sustaining damage thereby may make or repair the same at the expense of the person neglecting so to do, and may recover the same in a civil action on this statute.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3810. Duties of fence viewers; division; penalty; appeal

§ 3810. Duties of fence viewers; division; penalty; appeal
On request, the fence viewers, or a majority of them, shall examine fences within the town and a division shall be made by them in cases proper for them to determine. If a fence viewer neglects to perform the duties required of him or her, he or she shall forfeit to the party aggrieved $5.00, with costs to be recovered in a civil action on this statute. Either party may appeal from the decision of the fence viewers to a Superior Court if such appeal is claimed within two hours from the rendition of the decision. Such appeal shall be taken as provided by Rule 75 of the Vermont Rules of Civil Procedure. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3811. Notice; certificate; effect of record

§ 3811. Notice; certificate; effect of record
When called upon to act, the fence viewers shall give notice to parties interested, or to their tenants or agents, of the time when they will examine the fence or line between adjoining lands, before they make a division relating to the same. When fence viewers make a division of fence, or appraise the value of a fence made or repaired, or examine as to the sufficiency of a fence, they shall certify the same. When they make a division of fence and so certify, a record of the same in the office of the clerk of the town in which the line is situated shall be valid against the parties, their heirs, and assigns.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3812. Agreement as to division

§ 3812. Agreement as to division
An agreement in writing between the owners of adjoining lands, relating to their division fence, signed by the owners, witnessed by two witnesses, acknowledged by the parties and recorded in the office of the town clerk in the town where the fence is situated shall be valid against the parties, their heirs, and assigns.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3813. When fence is on a town line; division

§ 3813. When fence is on a town line; division
When the line on which a division fence is to be made or maintained is the line between two towns, and the parties do not agree upon the division, the same shall be determined by a board of fence viewers consisting of one or more from each of the towns. Such board of fence viewers shall give notice to the parties, make the division, and make a certificate as provided in section 3811 of this title. Such certificate shall be valid against the parties, their heirs, and assigns, if recorded in the office of the town clerk in each of the towns.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3814. Homesteader to maintain; liability

§ 3814. Homesteader to maintain; liability
Each owner of a homestead shall be liable to make and maintain his or her portion of the division fence between his or her homestead and adjoining lands. The homestead shall be liable to attachment and levy of execution for damages and costs recovered for neglect so to do.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3816. Recovery for expense

§ 3816. Recovery for expense
When, by the provisions of this chapter, owners of adjoining lands are required to pay to another the expense of making or repairing a division fence, or damages for the neglect of making, or for one-half the value of a division fence, the same with costs may be recovered in a civil action on such statute.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 109 - Fences and Fence Viewers › § 3817. Unnecessary fence; maintenance prohibited; penalty

§ 3817. Unnecessary fence; maintenance prohibited; penalty
A person shall not erect or maintain an unnecessary fence or other structure for the purpose of annoying the owners of adjoining property by obstructing their view or depriving them of light or air. A person who violates a provision of this section shall be fined not more than $100.00.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 111 - Monuments, Observances, Service Records, Histories › § 3901. Soldiers’ monuments and records

§ 3901. Soldiers’ monuments and records
A town may instruct the selectboard to erect a building or monument to the memory of citizens of such town who were in the military or naval service during any wars in which the United States has been engaged and may appropriate sufficient money for that purpose, and may issue its notes or bonds extending over a period that shall not exceed five years to cover the expense of the same. Such town may also instruct the selectboard to have inscribed upon such monument or upon or within such buildings the names of such persons credited to such town by the State, or federal authorities, who entered the service of the United States during such wars and died while in such service or were honorably discharged.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 111 - Monuments, Observances, Service Records, Histories › § 3903. Military records

§ 3903. Military records
A town may appoint a person, who need not be a resident of the town, to prepare a military record at the expense of the town, which shall contain the name of every person in the U.S. Armed Forces furnished by the town during any wars or military enterprises in which the United States has been engaged with the following statistics, so far as applicable to each case: age at the time of enlistment or induction; birthplace; date of enlistment; date of muster into the service of the United States; rank; promotions; reenlistment; date and cause of discharge; date of pension and amount; date and cause of death; date, place, and nature of wounds; bounty received from the town and bounty received from individuals; and any other pertinent information. (Amended 2019, No. 131 (Adj. Sess.), § 269.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 111 - Monuments, Observances, Service Records, Histories › § 3905. Certified copy for town clerk’s office

§ 3905. Certified copy for town clerk’s office
A copy officially certified by the compiler of the record shall be kept in the office of the town clerk. (Amended 2021, No. 53, § 7.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 111 - Monuments, Observances, Service Records, Histories › § 3907. Memorial Day and other historic events

§ 3907. Memorial Day and other historic events
A municipality may appropriate such sums of money as it deems necessary for the proper observance of Memorial Day, for the celebration of historic events, and for the erection and dedication of monuments or tablets to commemorate the same.
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4003. Housing authority; establishment

§ 4003. Housing authority; establishment
(a) In each municipality there is hereby created a public body corporate and politic to be known as the housing authority; provided, however, that such authority shall not transact any business or exercise its power under this chapter, until or unless the governing body of the municipality by proper resolution shall declare that there is a need for the authority to function in the municipality.
(b) The governing body shall adopt a resolution declaring that there is a need for a housing authority in the municipality, if it shall find:
(1) that unsanitary or unsafe inhabited dwelling accommodations exist in the municipality; or
(2) that there is a shortage of safe or sanitary dwelling accommodations in the municipality available to persons of low income or elders of a low income, or both, at rentals they can afford. In determining whether accommodations are unsafe or unsanitary, the governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space, and access available to the inhabitants of the accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions exist in the buildings that endanger life or property by fire or other causes. (Added 1961, No. 212, § 4, eff. July 11, 1961; amended 2013, No. 96 (Adj. Sess.), § 158; 2017, No. 113 (Adj. Sess.), § 158.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4004. Housing authority, members, powers

§ 4004. Housing authority, members, powers
(a) When the governing body of a municipality, other than a town, adopts a resolution pursuant to section 4003 of this chapter, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for said municipality. When the governing body of the town adopts a resolution, said body shall appoint five persons as commissioners of the authority created for said town. The commissioners who are first appointed shall be designated to serve for terms of one, two, three, four, and five years respectively, from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of five years except that all vacancies shall be filled for the unexpired term. No commissioner of any authority may be an officer or an employee of the municipality for which the authority is created. A commissioner shall hold office until his or her successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his or her services, but he or she shall be entitled to the necessary expenses, including travelling expenses, incurred in the discharge of his or her duties.
(b) The powers of each authority shall be vested in the commissioners thereof in office from time to time. Three commissioners shall constitute a quorum of authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of the majority of the commissioners present, unless in any case the bylaws of the authority should require a larger number. The mayor, or in the case of an authority for a town, the governing body of such town, shall designate which of the commissioners appointed shall be the first chair, but when the office of the chair of the authority thereafter becomes vacant, the authority shall select a chair from among its commissioners. An authority shall select from among its commissioners a vice chair and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the municipality or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. (Added 1961, No. 212, § 5, eff. July 11, 1961.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4006. Disqualification

§ 4006. Disqualification
(a) During his or her tenure, no commissioner or employee of an authority shall acquire any direct or indirect ownership interest in any housing project or in any property included or planned to be included in any project, nor shall he or she acquire any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project, except that the renewal of an existing contract shall be subject to the provisions of subsection (b) of this section.
(b) If any commissioner or employee of an authority, prior to appointment or employment, owns or has a direct or indirect interest in any housing project or any property included or planned to be included in any housing project, or a direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project, he or she immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. He or she shall not vote on any issue pertaining to any housing project, or any property included or planned to be included in any project or on any contract or proposed contract for materials or services to be furnished or used in connection with any housing project for which he or she owns or controls a direct or indirect interest. Failure so to disclose such interest or refrain from voting shall constitute misconduct in office. (1961, No. 212, § 6, eff. July 11, 1961; amended 1987, No. 250 (Adj. Sess.), § 5, eff. June 13, 1988.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4007. Removal

§ 4007. Removal
For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor (or in the case of an authority of a town, by the governing body of said town) or in the case of the State Authority, by the Governor, but a commissioner shall be removed only after he or she shall have been given a copy of the charges at least ten days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk, or in the case of the State Authority, in the office of the Secretary of State. (Added 1961, No. 212, § 7, eff. July 11, 1961; amended 1967, No. 332 (Adj. Sess.), § 3, eff. March 23, 1968.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4009. Rentals

§ 4009. Rentals
It is hereby declared to be the policy of this State that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with providing decent, safe, and sanitary dwelling accommodations and that no housing authority shall construct or operate any such project for profit, or as a source of revenue to the State or municipality. To this end an authority shall fix the rental for dwellings in its projects at no higher rate than it shall find to be necessary in order to produce revenue which, together with all other available moneys, revenues, income and receipts of the authority from whatever source derived, will be sufficient:
(1) to pay as the same become due, the principal and interest on the bond of the authority;
(2) to meet the cost of and to provide for maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority; and
(3) to create, during not less than six years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments that will be due on such bonds in any one year thereafter and to maintain such reserve. (1961, No. 212, § 9, eff. July 11, 1961; amended 1967, No. 332 (Adj. Sess.), § 4, eff. March 23, 1968.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4010. Duties

§ 4010. Duties
(a) In the operation of or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant selection:
(1) It may rent or lease the dwelling accommodations therein only to persons of low income or elders who are of low income, or both.
(2) It may rent or lease the dwelling accommodations therein only at rentals within the financial reach of such persons as indicated of low income.
(3) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) that it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.
(4) It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an annual net income in excess of five times the annual rental of the quarters to be furnished such person or persons, except that in the case of families of three or more minor dependents, such ratio shall not exceed six to one; in computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost (as determined by the authority) to the occupants, of heat, water, electricity, gas, cooking range, and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental.
(5) It shall prohibit subletting by tenants.
(b) Nothing contained in this section or section 4009 of this chapter shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by an authority, to take possession of a housing project or cause the appointment of a receiver thereof, or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by this section or section 4009 of this chapter.
(c) The director of any housing authority may obtain from the Vermont Crime Information Center the record of convictions of any person applying for residence in any housing project administered by the housing authority. (Added 1961, No. 212, § 10, eff. July 11, 1961; amended 1995, No. 51, § 3; 2013, No. 96 (Adj. Sess.), § 160.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4011. Joint action

§ 4011. Joint action
Any two or more authorities may join or cooperate with one another in the exercise of any or all of the powers conferred by this chapter for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects located within the area of operation of any one or more of said authorities. (1961, No. 212, § 11, eff. July 11, 1961.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4012. Eminent domain; exemption of property from execution

§ 4012. Eminent domain; exemption of property from execution
(a) An authority shall have the right to acquire by the exercise of the power of eminent domain any real property that it may deem necessary for its purposes under this chapter after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided for the condemnation of land or rights therein as set forth in 19 V.S.A. §§ 500-514 and 519 and acts amendatory thereof or supplementary thereto. Property already devoted to a public use may be acquired, provided that no real property belonging to the city, county, State, or any political subdivision thereof may be acquired without its consent.
(b) Where it appears to the satisfaction of the court at any stage of the proceedings, upon the petition of the authority that the public interest will be prejudiced by delay, the court may, after such notice to the parties in interest as it may prescribe, which notice, however, shall not be less than eight days and may be by posting upon the property or by publication in such paper or papers at such time as the court may require, order that the authority be permitted to enter immediately upon the real property described in the petition, or any part thereof and to demolish any structures located thereon and to proceed with the construction of the project thereon, upon depositing with the court a sum of money or in lieu thereof, bonds or obligations of the United States of equivalent or greater value, not less than the last assessed valuation of the property, that the court shall find to be sufficient for the protection of the persons who may be entitled to the award. Such deposit or proceeds thereof shall be applied so far as it may be necessary for that purpose, to the payment of any award that may be made, with interest thereon, costs and expenses and the residue, if any, shall be returned to the authority; in the event of a deficiency in the sum deposited, the authority shall pay the balance to make up the award in accordance with the judgment.
(c) All real property of any housing authority, created pursuant to the provisions of this chapter, shall be exempt from levy and sale by virtue of an execution and no execution or other judicial process shall issue against the same nor shall any judgment against such authority be a charge or lien upon its real property; provided however, that the provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of such an authority or the right of obligees to pursue any remedy for the enforcement of any pledge or liens given by such an authority on its rents, fees, or revenues. (Added 1961, No. 212, § 12, eff. July 11, 1961; amended 2011, No. 126 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4013. Zoning

§ 4013. Zoning
All housing projects of an authority shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the housing project is situated. In the planning and location of any housing project, an authority shall take into consideration the relationship of the project to any larger plan or long range program for the development of the area in which the housing authority functions. (1961, No. 212, § 13, eff. July 11, 1961.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4014. Bonds, issuance of

§ 4014. Bonds, issuance of
(a) An authority shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds issued previously by it.
(b) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority, and such bonds and obligations shall so state on their face, shall not be a debt of the municipality, the State, or any political subdivision thereof and neither the municipality, nor the State or any political subdivision thereof shall be liable thereon. Nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of said authority. Bonds shall not constitute an indebtedness within the meaning of any debt limitation or any restriction. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and together with interest thereon and income therefrom, shall be exempt from taxes. (1961, No. 212, § 14, eff. July 11, 1961.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4015. Bonds authorized; conversion privileges

§ 4015. Bonds authorized; conversion privileges
(a) Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms of redemption, with or without premium as such resolution, its trust indenture, or mortgage may provide.
(b) The bonds may be sold at not less than par at public sale held after notice published once at least five days prior to such sale in a newspaper having a general circulation in the municipality and in a financial newspaper published in the city of Boston, Massachusetts or in the city of New York, New York, except that in the case of bonds of the State Authority, such notice shall be published only in a financial newspaper as described in this subsection. All bonds may be sold at not less than par to the federal government at private sale without any public advertisement.
(c) In case any of the commissioners or officers of the authority whose signatures appear on the bonds or coupons shall cease to be such commissioners or officers before the delivery of such bonds such signature shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
(d) In any suit, action, or proceedings involving the validity or enforceability of any bond of an authority or the security thereof, any such bond reciting in substance that it has been issued by the authority to aid in financing a housing project to provide dwelling accommodations for persons of low income shall be conclusively deemed to have been issued for a housing project of such character and said project shall be conclusively deemed to be planned, located, and constructed in accordance with the provisions and purposes of this chapter. (1961, No. 212, § 15, eff. July 11, 1961; amended 1967, No. 332 (Adj. Sess.), § 5, eff. March 23, 1968; 1969, No. 285 (Adj. Sess.), § 11, eff. April 9, 1970.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4017. Rights of obligees

§ 4017. Rights of obligees
An obligee of an authority shall have the right in addition to all other rights which may be conferred upon such obligee, subject only to any contractual restrictions binding upon such obligee:
(1) By suit, action, or proceeding to compel said authority and the commissioners, officers, agents, or employees thereof to perform each and every term, provision, and covenant contained in any contract of said authority with or for the benefit of such obligee and to require the carrying out of any or all such covenants or agreements of said authority and the fulfillment of all duties imposed upon said authority by this chapter.
(2) By suit, action, or proceeding, to enjoin any acts or things that may be unlawful, or the violation of any of the rights of any obligee of said authority. (1961, No. 212, § 17, eff. July 11, 1961.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 113 - Housing Authorities › § 4018. Powers may be conferred on obligee

§ 4018. Powers may be conferred on obligee
An authority shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may be otherwise conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction:
(1) To cause possession of any housing project or any part thereof to be surrendered to any such obligee.
(2) To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he or she may enter and take possession of such housing project or any part thereof and operate and maintain the same and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom and shall keep such monies in a separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall direct.
(3) To require said authority and the commissioners thereof to account as if it and they were the trustees of an express trust. (1961, No. 212, § 18, eff. July 11, 1961.)