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NO. M-15. AN ACT RELATING TO SOUTH BURLINGTON CHARTER.

(H.762)

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

Sec. 1. APPROVAL OF CHARTER AMENDMENT

The charter of South Burlington is amended as provided in this act. Proposals of amendment were approved by the voters on May 20, 1997.

Sec. 2. 24 App. V.S.A. chapter 13, Sec. 102 of the Charter is amended to read:

§ 102. General law application

Except when changed, enlarged or modified by the provisions of this Charter, or by and legal regulation or ordinance of the City of South Burlington, all provisions of the statutes of this state relating to municipalities shall apply provisions to the City of South Burlington. Prior acts or enactments of the town of South Burlington shall not be affected by this charter, except as otherwise provided herein. *[The Water Department shall continue to operate under the enabling act of 1935 and all amendments thereto.]* Except when changed, enlarged, or modified by the provisions of this charter, all provisions of the statutes of this state relating to schools or school districts shall apply to the South Burlington school district.

Sec. 3. 24 App. V.S.A. chapter 13, Sec. 307(a)(4) of the Charter is amended to read:

(4) Annually, such additional boards, commissions, committees or similar bodies as the council feels to be in the best interests of the city or required by this charter or by state law, except for the *[water commission and]* board of school directors, and except where specifically provided otherwise in this charter.

Sec. 4. 24 App. V.S.A. chapter 13, Sec. 2001 of the Charter is amended to read:

§ 2001. Continuation of prior law

The City of South Burlington may operate a Water Department *[and its officers and employees shall continue to operate under, and have the same powers and duties as set forth in The Enabling Act of 1935 and all amendments thereto, and any other provisions of]* in accordance with the general laws of the state of Vermont *[applying to said department, except as otherwise provided herein]*.

Sec. 5. 24 App. V.S.A. chapter 13, Sec. 2002 of the Charter is amended to read:

§ 2002. Operations

The city manager*[, acting through the department of public works and coordinated through the city engineer]* shall manage, and be responsible for, the administrative operation of the water department, including maintenance, repair, replacement, and expansion of the water system and purchasing. *[He]* He/she shall generally perform the management and other duties *[presently]* vested in the superintendent of the water department *[by the Enabling Act of 1935]* under the general laws of the state, subject to the supervision and authority of the water commissioners.

Sec. 6. 24 App. V.S.A. chapter 13, Sec. 2004 of the Charter is amended to read:

§ 2004. *[Meetings]* Board of water commissioners

The city council shall constitute the board of water commissioners, with authority to exercise all powers granted to water commissions under the general laws of the state.

Sec. 7. REPEAL

Sec. 2005 of chapter 13 of Title 24 App. (coordination between water department and planning commission) and No. 264 of the Acts of 1935 (authorizing a water department and issuance of water bonds) are repealed.

Approved: April 13, 1998