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Introduced by Representative Otterman of Topsham

Referred to Committee on


Subject:  Municipal government; municipal charters; village of Newbury

Statement of purpose:  This bill proposes to approve amendments to the charter of the village of Newbury which increase the number of elected auditors from one to three and increase the amount of money set aside for water systems improvements and water emergency funds.


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


The general assembly approves the amendments to the charter of the village of Newbury as provided in this act.  Proposals of amendment were approved by the voters on May 23, 2006.

Sec. 2.  24 V.S.A. App. chapter 247 § 401 is amended to read:

§ 401.  Election of Officers

The officers of the corporation shall consist of a Moderator, three (3) Trustees, a Clerk, a Treasurer, and an Auditor three auditors.  Said  The officers shall be elected at the annual meeting of said the corporation for the term of one year and until their successors are elected, except that trustees shall hold office for three years.  One Trustee shall be elected at each annual meeting.

Sec. 3.  24 V.S.A. App. chapter 247 § 602 is amended to read:

§ 602.  Auditor

The elected auditor auditors shall compile and prepare a report of his or her their examination of the accounts and vouchers of the officers of the corporation, which report shall be printed each year in the annual report of the Village of Newbury.  Prior to the annual meeting in 1980 the books of the corporation for the fiscal years 1978 and 1979 shall be audited by a certified public accountant and every three years thereafter the books shall be audited by a certified public accountant or a public accountant prior to the ensuing annual meeting. All certified public accountant’s reports shall be published in the annual report of the village.

Sec. 4.  24 V.S.A. App. chapter 247 § 1303 is amended to read:

§ 1303.  Water Commissioners and Water Works

(a)  The village shall have 3 three water commissioners who may be elected by ballot if the village has so ordered; otherwise they shall be appointed by the trustees.  Of those commissioners first elected or appointed, one shall have a term of one year, one a term of two years, and one a term of three years.

(b)  The Trustees trustees may remove from office a commissioner appointed by them for just cause after due notice and hearing.  The trustees may appoint members of their own board to serve as water commissioners.

The village shall have such powers, and the commissioners shall have such duties, with reference to any waterworks that are in existence or established as set forth in Chapter 89 of Title 24 of the Vermont Statutes Annotated, or any amendments thereto.

(c)  Without limiting the generality of the foregoing subsections (a) and (b) of this section, such commissioners shall have the supervision of such the municipal water department and shall make and establish all needful water rates, rules, and regulations for its control and operation.

(d)  Said The water commissioners shall hire a person to superintend the physical operation of the water system, provide such person him or her with written guidelines of the superintendent’s duties, and such a this superintendent shall be responsible for the proper and efficient maintenance of the system in accordance with such the guidelines.

(e)  Said The superintendent shall report once each month to the Water Commissioners water commissioners and once each year shall make a written report to them and such.  The written report shall be included in the water commissioners annual report to the village.

(f)  The books and bank accounts of the water system shall be kept separate from the other books and accounts of the village.  The rents and receipts for the use of such municipal water shall only be used and applied to pay the interest upon the water department bonds, the expense of repairs, improvements and management of the water department, and in payment of the municipal water department bonds.  The money received from the operation of such the municipal water department shall not be used for any other purposes until all such bonds, notes, or other certificates of indebtedness have been paid.

(g)  Any improvements to the system costing more than $1,500.00 $7,000.00 shall require the approval of a majority of the legally qualified voters of the village present and voting, at either an annual or special meeting called for that purpose.

(h)  From the income of the system an emergency fund, not to exceed $3,000.00 $10,000.00, may be created by the water commissioners.  Such emergency Emergency funds shall be expended only in case of an emergency and the nature of such the emergency recorded by the clerk as declared by the water commissioners.

(i)  Any extension of the main lines of the system as such the lines exist on the effective day of this charter shall require a two-thirds vote of the qualified voters, present and voting, of the Village of Newbury at either an annual or special meeting called for that purpose.

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont