|ACT OF THE GENERAL ASSEMBLY||2007-2008|
NO. M‑14. AN ACT RELATING TO APPROVAL OF AMENDMENTS TO THE CHARTER OF THE CITY OF SOUTH BURLINGTON WHICH REQUIRE VOTER APPROVAL OF CITY AND SCHOOL DISTRICT BUDGETS.
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. CHARTER APPROVAL
The general assembly approves the amendments to the charter of the city of South Burlington as provided in this act. The original proposals of amendment were approved by the voters on November 7, 2006.
Sec. 2. 24 App. V.S.A. chapter 13 § 310(c) is amended to read:
(c) The council shall
approve the budget of the city for submission to the voters, as
Sec. 3. 24 App. V.S.A. chapter 13 § 502(a) is amended to read:
(a) The annual city meetings of
the city and the South Burlington school district for the election of officers,
the voting on the budgets
if required by the provisions of this charter,
and any other business included in the warnings for said meetings, shall be
held on the third Tuesday in May, unless otherwise legally warned by the
Sec. 4. 24 App. V.S.A. chapter 13 § 1302(c) is amended to read:
(c) The council shall fix the time
and place for holding a public hearing on the budgets for the city and the
school district, and shall give notice of such hearing at least 10 days prior
thereto in a daily newspaper of general circulation in the city. Said hearing
shall be held not less than 40 days nor more than 60 days prior to the date of
the annual city and school district meeting. The council shall then review the
city budget and
adopt approve it for submission to the voters,
with or without change , subject, however, to the provisions of section 1309,
and in the same manner the board of school directors shall review its budget
and adopt approve it for submission to the voters, with or
without change , subject however, to the provisions of section 1309.
Sec. 5. 24 App. V.S.A. chapter 13 § 1303 is amended to read:
§ 1303. City and school district annual
proposed budgets of the city and school district shall be distributed to the
legal voters of the city and school district at least 10 days before the public
hearing on said budgets. The warnings for the annual city and school district
meeting shall be published in a daily newspaper having general circulation
within the city at least 10 days before the date of such annual meetings and
the proposed budgets for the city and school district shall likewise be
if the provisions of section 1309 are applicable.
Sec. 6. 24 App. V.S.A. chapter 13 § 1304 is amended to read:
§ 1304. Amount to be raised by taxation
Upon adoption of the budgets for the city and the South Burlington school
by the council and board of school directors, respectively (and by
the voters in the event that the provisions of section 1309 are applicable), and poll taxes shall constitute a determination
of the amount of the levy for the purposes of the city and school district
in the corresponding tax year and the council shall levy such taxes on the
grand list furnished by the assessor for the corresponding tax year. The
amounts stated therein as the amount of the budget for the South Burlington school
district shall be used to determine the education property tax rates in
accordance with 32 V.S.A.
(b) If the budget of the city or school district is not adopted by the voters at the annual meeting, the city council or school board may submit the budget, with or without change, to the voters at a special meeting which shall be held within 30 days of the annual meeting. This special meeting shall be warned in the same manner as that for the annual meeting with the exception that the warning for this meeting shall be filed with the city clerk and posted not fewer than 15 days before the meeting.
(c) If the budget for the city or school district is not adopted by the voters at the special meeting provided for in subsection (b) of this section, the city council or school board shall adopt a budget with the net cost of operations limited to the amount of the net cost of operations in the preceding tax year’s budget.
Sec. 7. 24 App. V.S.A. chapter 13 § 1305 is amended to read:
§ 1305. Appropriation
the effective date of the budgets, the several amounts stated
, as approved by the council and board of school directors,
respectively (and by the voters in the event that the provisions of section
1309 are applicable), become appropriated to the several agencies and
purposes therein named.
Sec. 8. 24 App. V.S.A. chapter 13 § 1308 is amended to read:
Additional appropriations [Reserved] After
budgets have been adopted, the council or board of school directors shall not
make appropriations totaling in excess of two percent of their respective net
operating budgets as defined in section 1309. Such appropriation shall be
reported in the next annual city report. Any appropriation in excess of said
two percent shall require approval of a special city or school district
Sec. 9. 24 App. V.S.A. chapter 13 § 1309 is amended to read:
Budget limitations; other
net cost of operations
the budget of the city, or the budget of the school district, exceeds any of
the budget limitations set forth in this section, then such budget, after
adoption by the council or the board of school directors, respectively, shall
not become effective unless approved by a majority of the voters voting at the
annual city or school district meeting. In the event that the voters of the
city, or the voters of the school district, at said annual meeting, shall fail
to approve the budget of the city or of the school district, then the council
or board of school directors, respectively, shall revise such budget so that it
shall conform in all respects to each of the budget limitations set forth in
this section whereupon said council or board shall adopt such budget which
shall become effective upon said adoption.
(a) Net cost of operations shall be defined as the gross budget of the city or school district less the following deductions as defined in subsections (b) through (f) of this section if such items appear in the gross budget:
(1) Payment on account of bonded debt.
(2) Payment for municipal utilities funded by user fees.
(3) Special appropriations.
(4) Federal and state aid designated for specific programs.
(5) Transfer payments.
(6) Tuition income for nonresident students.
(7) Payments assessed against the city or schools by other public bodies or quasi‑public bodies such as the Chittenden County transit authority, Winooski valley park district, and Chittenden County.
(8) Non‑governmental revenue.
(b) Bonded debt is that indebtedness having an original maturity in excess of one year for which bonds or other debt instruments have been authorized and includes temporary notes issued in anticipation of the money to be derived from the sale of such bonds or execution of other debt instruments.
(c) Current fiscal year means the fiscal year in effect at the time that the proposed budget for the next fiscal year is in the process of preparation and adoption.
(d) Federal and state aid designated for special programs include:
(1) School district: Special education, driver education, and like items.
(2) City: Federal Employment Act and like items.
(e) A special appropriation is an expenditure which is separately authorized by the voters at an annual or special meeting of the city or school district. The warning for such meeting shall state by separate article the amount, purpose and number of years that such special appropriation shall be authorized, as well as the method of funding.
(f) Transfer payments are those in which the city or schools collect money which is transferred to other units of government.
(g) Non‑governmental revenue includes funds donated to the city or school district by private individuals or organizations, or like items.
Sec. 10. REPEAL
24 App. V.S.A. chapter 13 §§ 1309.1 (description of budget limitations), 1309.2 (determination of tax rate for operations and net cost of operations), 1309.3 (definitions), 1309.4 (estimations), 1309.5 (steering committee authority), 1309.6 (composition of tax rates), 1309.7 (reports), and 1309.8 (refund of surplus tax revenues) are repealed.
Sec. 11. EFFECTIVE DATE
This act shall take effect six months after passage.
Approved: May 11, 2007
The Vermont General Assembly
115 State Street