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BILL AS PASSED BY HOUSE 2007-2008

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H.47

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 adopt approve the budget of the city for submission to the voters, as provided herein.

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 council.

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 meeting warning

and budget

The 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 published 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

(a)  Upon adoption of the budgets for the city and the South Burlington school district by the council and board of school directors, respectively (and by the voters in the event that the provisions of section 1309 are applicable), the amounts stated therein as the amount of the budget for the city to be raised by property 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.

§ 5402.

(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

From the effective date of the budgets, the several amounts stated therein, 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:

§ 1308.  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 meeting.


Sec. 9.  24 App. V.S.A. chapter 13 § 1309 is amended to read:

§ 1309.  Budget limitations; other financial provisions

net cost of operations

If 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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us