NO. M-5.  AN ACT RELATING TO THE INCORPORATION OF MILTON FIRE DISTRICT NO. 1.

(H.300)

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

Sec. 1.  APPROVAL OF INCORPORATION

The general assembly approves the incorporation of Milton Fire District No. 1 as provided in this act.  Articles of incorporation were approved by the Town of Milton selectboard pursuant to the provisions of 20 V.S.A. § 2481 on September 23, 2002.

Sec. 2.  24 App. V.S.A. part V, is added to read:

PART V.  FIRE DISTRICTS

CHAPTER 501.  MILTON FIRE DISTRICT NO. 1

§ 1.  BOUNDARIES

The boundaries of the Milton Fire District No. 1 shall consist of 33 residential lots as shown on a plan, entitled “Plat of Survey Showing Sawyer Property (Portion), Milton, Vermont,” dated May, 1977, and recorded in map book 3 on page 101 of the land records of the Town of Milton, and designated as map number 136.

§ 2.  PURPOSE

Milton Fire District No. 1 is a fire district incorporated to design, construct, upgrade, operate, and maintain a water supply and distribution system, including the maintenance and repair of water mains and the provision of a limited water service to the area described in section 1 of this chapter.

 

§ 3.  POWERS

The Milton Fire District No. 1 shall have all powers granted to a fire district pursuant to chapter 171 of Title 20, and the fire district shall have the authority to:

(1)  Construct, install, maintain, and repair all facilities and equipment necessary for the provision of water supply and distribution services to the members of the district.

(2)  Bill all users of water services provided by the district for their pro rata share of the expense of providing, operating, and maintaining the service.

(3)  Purchase, own, grant, convey, sell, or take by eminent domain real property, easements, and personal property in the name of Milton Fire District No. 1.

§ 4.  ANNUAL AND SPECIAL FIRE DISTRICT MEETINGS

Annual and special meetings of Milton Fire District No. 1 shall be held in conformance with the notice, warning, and voting requirements of subchapter 2 of chapter 55 of Title 17.

§ 5.  OFFICERS

(a)  Prudential committee.  The prudential committee shall consist of three members elected for a term of three years.  The members of the prudential committee shall be elected to staggered terms so that only one member shall be elected annually.  Vacancies in the prudential committee shall be filled in the same manner as provided in subdivision 306(d) of 24 V.S.A. App. chapter 129 for the unexpired portion of the vacant member’s term.

(b)  District clerk.  The district clerk shall keep minutes of all fire district and prudential committee meetings and votes. 

(c)  District treasurer.  The duties of the district treasurer shall include:

(1)  Accepting payment of current accounts on behalf of the fire district. 

(2)  Keeping accurate records of all payments made to the district.

(3)  Writing and signing all checks on behalf of the district.

(4)  Alerting the prudential committee of any past due accounts.

(5)  Keeping accurate records of all financial transactions made by the district.

(d)  District collector of delinquent taxes.  The collector of delinquent taxes shall collect all past due accounts, interest on those accounts, and penalties in accordance with subchapter 2 of chapter 133 of Title 32.

§ 6.  PRUDENTIAL COMMITTEE

The prudential committee shall be the administrative body of the fire district and shall be responsible for the control and management of the affairs, property, and interests of the fire district.  The prudential committee may exercise all powers of the fire district unless otherwise provided in chapter 171 of Title 20 or this chapter.  These powers shall include the execution of contracts, the authority to purchase insurance on behalf of the fire district, the commencement of actions in the name of the fire district, defending actions brought against the fire district, and the settlement of claims on behalf of the fire district. 

§ 7.  RATES

The prudential committee shall establish rates and fees for the water services, including capital improvements, provided by the fire district, and all rates and fees for water services shall be paid to the district treasurer.

§ 8.  RULES

The prudential committee shall adopt rules that govern the administration, operation, and maintenance of the water system.  Rules adopted by the committee shall become effective upon a majority vote of the prudential committee.

§ 9.  AMENDMENT OF CHARTER

This charter shall be amended in the same manner as provided in section 2645 of Title 17, except that in lieu of the requirements of subdivision 2645(a)(7), a vote affirming the amendment of this charter shall be by ballot in the form of a yes or no proposition.  The district shall make all proposed changes to this charter available to any member of the district in amended form, with deleted material in brackets and new matter underlined or in italics.

Approved:  May 21, 2003