NO. M-4.  AN ACT RELATING TO MERGING THE VILLAGE OF MILTON INTO THE TOWN OF MILTON.

(H.138)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  APPROVAL OF MERGER

The general assembly approves the plan of merger of the Village of Milton into the Town of Milton, which was approved by the voters of the Town of Milton on January 15, 2003 and the voters of the Village of Milton on

January 14, 2003.

Sec. 2.  24 V.S.A. App. chapter 129, § 101 is amended to read:

§ 101.  CORPORATE EXISTENCE RETAINED

The inhabitants of the Town of Milton, within the limits as now established, shall be a municipal corporate by the name of the Town of Milton, including the area within the former incorporated Village of Milton, the geographical boundaries of which are referenced in Sec. 1 of No. 183 of the Acts of 1900.

Sec. 3.  24 V.S.A. App. chapter 129, § 103 is amended to read:

§ 103.  POWERS OF THE TOWN

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(f)  Municipal electric power plant.  The town is authorized to purchase, control, construct, maintain, and operate an electric light and power plant, and may generate and purchase electric current for light, heat, and power and for any other purpose for which the current may be used by the town inhabitants.  The town may furnish electric power to parties residing within or without the corporate limits of the town, upon such terms and subject to such regulations as may be agreed upon from time to time, or as necessary to comply with federal and state laws and regulations.  The town may hold within its geographical limits by gift, grant, purchase, or by the right of eminent domain, lands and rights-of-way as may be needed for the construction, maintenance, and operation of an electric power plant.  The town may use any public street or way which it may be necessary or desirable to pass through with poles and wires, provided that public travel on such streets and ways is not unnecessarily impaired.

(g)  Milton fire department.  The Town of Milton may establish a system of fire protection and may create and equip a fire department.  The town may contract with a volunteer or nonmunicipal corporation to supply fire protection services, the cost of which shall be included in the town annual budget.  The selectboard shall appoint a fire chief of the department who shall have the powers and duties of a chief engineer as provided in section 2673 of Title 20.

(h)  Milton rescue department.  The Town of Milton may establish a system of emergency medical care and may create and equip a rescue department.  The town may contract with a volunteer or nonmunicipal corporation to supply emergency medical services, the cost of which shall be included in the town annual budget.  The selectboard shall appoint a chief of the emergency rescue department.  The emergency rescue department shall be provided and administered in accordance with the requirements of chapter 71 of Title 24.

 

Sec. 4.  24 V.S.A. App. chapter 129, § 307 is added to read:

§ 307.  SIDEWALKS, STREETLIGHTS, AND SPECIAL ASSESSMENTS

(a)  Sidewalks.  The Town of Milton shall own, maintain, repair, and plow all sidewalks formerly owned by the Village of Milton.

(b)  Streetlights.  The Town of Milton shall own, maintain, and repair all streetlights formerly owned, maintained, and repaired by the Village of Milton.

(c)  Service and special assessments.  The Town of Milton shall not reduce the level of service for sidewalks and streetlights formerly owned and maintained by the Village of Milton.  The town shall not levy any special assessments to construct new sidewalks or streetlights within the former village limits except upon an affirmative vote of three-fourths of those present and voting at an annual or special town meeting duly warned for that purpose.

(d)  Supermajority amendment of this section.  No part of this section may be amended or repealed except upon the affirmative vote of three-fourths of those present and voting at an annual or special meeting duly warned for that purpose.

Sec. 5.  PLAN OF MERGER

(a)  Transfer of assets.  Unless otherwise provided, all real and personal assets of the village shall be transferred to the town on the effective date of this act.  If deemed necessary or desirable, the trustees of the village shall execute any document that may be necessary to complete the transfer of real or personal property.

(b)(1)  Milton Village trust fund.  The audited balance of unrestricted village funds upon the effective date of this act shall be transferred to a trust created by the village, to be known as the “Milton Village Trust Fund.”  The purpose of the trust shall be to support aesthetic enhancements or capital improvements within the geographic area referenced in Sec. 1 of No. 183 of the Acts of 1900.  The trustees shall have the complete discretion to either:

(A)  withhold distribution of the funds until the fund principal grows to an amount sufficient, in the trustees’ judgment, to properly endow its intended purposes; or

(B)  distribute any amount of income or principal either to further directly the purposes of the trust or to the town, at the request of the selectboard, to support the town’s obligation to maintain the enhancements and improvements of the former village.

(2)  The trust fund shall be managed in accordance with subchapter 2 of chapter 65 of Title 24, except that the provisions of section 2431, governing the election of trustees, shall not apply, and trustees shall be selected as follows:

(A)  The trustees of the Village of Milton shall be appointed as trustees of the trust fund and shall serve as trustees on the Milton Village Trust Fund for the unexpired portion of their terms as village trustees.

(B)  Upon the expiration of a trustee’s term, the remaining trustees shall submit to the Town of Milton selectboard no fewer than two nominees to fill the vacancy.  All nominees shall be residents of the geographic area described in Sec. 1 of No. 183 of the Acts of 1900.  The selectboard shall appoint one of the nominees submitted by the trustees within 15 days of the receipt of the nominations.  If the selectboard fails to appoint a trustee within 15 days, the trustees may select the new trustee.  A trustee shall serve a term of three years.

(C)  Upon the death or resignation of any trustee of the Milton Village Trust Fund, the remaining members shall nominate and the selectboard shall appoint a replacement trustee as provided in subdivision (B) of this subdivision (2), except that the replacement trustee shall serve for the remainder of the unexpired term.

(c)  Assumption of debt.  The town will assume the outstanding indebtedness and other obligations of the village as of the effective date of this act.  The village shall provide the town a list of its indebtedness and obligations, which need not be exclusive, but which merely assists the town in the performance of its functions.

Sec. 6.  REPEAL

Secs. 2 through 23 of No. 183 of the Acts of 1900, No. 223 of the Acts of 1902, No. 300 of the Acts of 1921, and No. 229 of the Acts of 1931 are repealed.

Approved:  April 22, 2003