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BILL AS INTRODUCED 2007-2008

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H.860

Introduced by Representatives Anderson of Montpelier and Kitzmiller of Montpelier

Referred to Committee on

Date:

Subject:  Municipal government; merger; Berlin Fire District No. 1; city of Montpelier

Statement of purpose:  This bill proposes to approve the plan of merger of Berlin Fire District No. 1 and the city of Montpelier.

AN ACT RELATING TO THE MERGER OF BERLIN FIRE DISTRICT NO. 1 AND THE CITY OF MONTPELIER

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

Sec. 1.  APPROVAL OF MERGER

Notwithstanding the provisions of chapter 49 of Title 24 or the provisions of section 2645 of Title 17, the general assembly approves the plan of merger of Berlin Fire District No. 1 and the city of Montpelier and the amendment to the city of Montpelier charter as set forth in this act.  The merger of Berlin Fire District No. 1 and the city of Montpelier was approved by the voters of the city and the district on March 5, 2002.


Sec. 2.  PLAN OF MERGER

(a)  The city of Montpelier shall acquire all assets, bank accounts, debt, franchises, easements, receivables, physical assets, and all other financial assets and liabilities of Berlin Fire District No. 1.  The city may acquire all permits and licenses of Berlin Fire District No. 1 subject to any conditions on the transfer of the permit or license by the board, department, or agency that issued the permit or license.

(b)  Berlin Fire District No. 1 shall provide the city of Montpelier all water test reports, usage history, surveys and plans, engineering reviews, repair logs, inspection reports, billing records, agreements, deeds, and as-built drawings.

(c)  The city water rate shall be applied equally throughout the service area. Connections to the water system shall be controlled by regulations of the city of Montpelier.  The city manager shall have control and supervision of the service area in the same manner as provided in sections 1208 and 1209 of chapter 3 of Title 24 App.

Sec. 3.  24 App. V.S.A. chapter 5, subchapter 5, § 515 is added to read:

§ 515.  MONTPELIER WATER VOTING DISTRICT NO. 1

(a)  The area designated as Berlin Fire District No. 1 shall be redesignated as the Montpelier Water Voting District No. 1.  The residents of the Montpelier Water Voting District No. 1 shall be residents of the city of Montpelier for the purpose of voting at any annual or special meeting of the city on an article or appropriation that involves water services, water rates, or bonding for water services.

(b)  The city of Montpelier shall:

(1)  Maintain a checklist of voters that reside in this voting district.

(2)  Warn members of the voting district of any annual or special meeting where articles referenced in subsection (a) of this section are to be voted upon.

(3)  Prepare ballots with the articles described in subsection (a) of this section for members of the district, and allow members of the district to vote at any annual or special meeting of the city where articles described in subsection (a) of this section are to be voted upon.

(4)  Comply with all other provisions of this subchapter when conducting an election as provided in this section.

Sec. 4.  MERGER

The charter of Berlin Fire District No. 1 is repealed, and the assets and liabilities of the fire district are merged into the city of Montpelier in a manner consistent with this act.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us