PART I
CHARTER AND RELATED LAWS
SUBPART A
CHARTER1
Title I. Incorporation. City and Ward Boundaries
Article 1. Boundaries of City. Incorporation
Article 2. City Election Areas Defined
Title II. Elections and City Meetings—City Elections
3 Election of mayor and city councilors.
4 Election of school commissioners.
5 Election to be by ballot; method of election; runoff elections.
Article 3. Warnings
Article 4. Qualifications of Voters
7 Age and residence requirements.
8 Person to vote in ward or City district in which the person resides; residence requirement.
Article 5. Penalties for Illegal Voting
Article 6. Ward Officers
11 Performance of duties; terms.
13 Vacancies to be filled by city council.
Article 7. Checklist
14 List of voters to be prepared; posting.
15 Notice of meeting to alter or correct list required.
16 Additions or corrections permitted.
18 Copies of list to be given inspectors.
Article 8. Method of Conducting Elections
19 Where elections held; early voter absentee ballots.
21 Duties of election inspectors.
23 Retained ballots to be delivered to inspectors on demand.
24 Record of ballots delivered required; receipts.
Article 9. Special City Meetings
26 Questions at special meetings to be decided by ballot.
Article 10. Mayor to Preside
Article 11. Freeman’s Meetings
28 Warning required; location; voting.
29 Checklists to be prepared and posted.
30 General laws applicable; exceptions.
31 Duties of election inspectors and ward clerks.
31a Establishment of voting precincts within wards permitted.
Article 12. City Representative
32—35. [Reserved.].
Title III. City Council with Mayor Presiding and City Council
Article 13. Administration
36 Administration; vested in mayor and city council; selection and terms of same.
Article 14. Meetings of the City Council with Mayor Presiding and City Council
40 Quorum; attendance of certain officers may be required.
41 Meetings to be public; except.
Article 15. Board of Abatement of Taxes
Article 16. Board of Civil Authority
43 Composition; board for registration of voters; duties; appointments; offices.
Article 17. Mayor to Preside and Vote
Article 18. Veto Power of Mayor
46 Approval or veto of ordinances by mayor; reconsideration; item veto on appropriations.
47 Ordinances to become valid at expiration of certain period if not returned.
Article 19. Powers of City Council
Article 20. Ordinances and By-laws
Article 21. Penalties
50 City council to establish penalty.
52 Court authorized to order abatement.
54 Offenders may be liable in damages.
Article 22. City Property, How Sold or Leased
55 City council may authorize sale or lease.
Article 23. Sequestration of Lands
56 Council to have powers conferred by statute regarding public burial grounds.
57 Manner of taking land for reservoirs, aqueducts, water pipes, etc.
58 Council to issue citation that land is to be taken; service.
Article 24. Bonding the City
59 Refunding bonds; council may authorize issuance of bonds.
61 Bonds to be signed and contain statement that they conform to applicable provisions.
62 Council, school board; not to pledge credit of city; exceptions.
63 Council may pledge credit of city when authorized by voters to do so.
64 State law not applicable to section 63.
64a Council authorized to erect sewage disposal plant and issue bonds therefore.
Article 25. Appropriations
66 Annual school appropriations.
67 Appropriations for park and recreation purposes.
Article 26. Expenditures
69 Fiscal year, reports required.
Article 27. Change of Street Names
71 Approval of property owners required.
Title IV. Taxation
72—80. [Reserved.].
Article 28. Quadrennial Appraisal
81 Tax classification; repeal of inventory tax.
Article 29. Property Grand List
85 Arrangement of information in books.
86 Summary of assessed valuations to be made and constitute an abstract.
Article 30. Abstract of Grand List
87 Notice that abstract completed to be given; meetings of assessors.
88 Abstracts and certificate to be completed by may fifth.
89 Notice of changes and that abstracts and lists are open for inspection to be filed.
Article 31. Hearings of Grievances and Appeals
90 Aggrieved persons permitted to appear before assessors; preliminary review.
91 Appeal of assessors decision.
93 Alterations in valuation to be entered in "corrected valuation" column.
94 Completion of grand list; collection.
95 Abstracts sufficient for returns to secretary of state.
97 Forms for books may be altered as directed by state tax commissioners; extension of time.
98a A tax ceiling reduction after reappraisal.
99 Additional assessment; amount.
100 Annual assessment for redemption of bonds authorized.
101 Annual assessment to pay bond interest authorized.
102 Annual local education spending.
102a Annual assessment for fire and police departments use authorized.
102b Annual assessment for streets use authorized.
102c Annual assessment for library use authorized.
102e Annual assessment for park use authorized.
102f Annual assessment for housing trust fund use authorized.
Article 32. Collection of Taxes
103 Taxes to be paid in money.
104 Taxes to be paid in installments.
105 Chief administrative officer to give notice upon receipt of tax bills.
107 When treasurer to issue warrant against delinquent persons.
108 Chief administrative officer to collect delinquent taxes.
109 Collection after time warrant returnable permitted.
110 Chief administrative officer to proceed in manner prescribed by law.
111 Fees for collection of delinquent taxes.
Article 33. Collection of Assessments
113 Assessments may be collected by suit.
Article 34. Rates for Water and Electricity
114 Council to establish and prescribe nature of connections.
Article 35. Real Estate; How Described in Assessments
Title V. Officers
Article 36. Mayor
117 Order of succession; mayor to notify chief administrative officer of his intended absence.
118 Mayor to administer oaths.
119 Remission of fines authorized.
Article 37. Boards Established
Article 38. Officers Appointed by Mayor
Article 39. [Repealed.].
Article 40. Organization of Commissions
Article 41. Terms of Office
125 Mayor and city councilors.
126 Commissioners and board of tax appeals.
127 Department heads and other officers.
Article 42. Vacancy in Office of Mayor or City Council; How Filled
Article 43. Removal from Office and Filling Vacancies
129 Appointing body or person has power to remove.
130 Manner of filling vacancy and residency requirement.
Article 44. City Council Not to Hold Other City Offices
131 Dual positions prohibited.
Article 45. Compensation to City Officers
132 Mayor, city council, and other city officials.
Article 46. Contract between City and Officers
Article 47. Bonds of City Officers
134 Required of treasurer and other officers handling city funds.
135 City council to approve surety company; costs to be paid by city.
136 Officer to be removed from neglect to give bond after notice.
Article 48. Oaths of Officers
Article 49. Appointive Officers and Their Trusts; City Clerk
138 Duties of chief administrative officer generally.
139 Public records to remain in chief administrative officer’s office; council may regulate removal.
140 Certified copies of records to be made.
141 Certification that notices, ordinances, etc., have been posted required.
Article 50. City Treasurer
144 Chief administrative officer to keep record of notes and bonds issued.
145 Record of school bonds to be kept.
146 Redeemed bonds, notes and interest coupons to be kept.
147 Chief administrative officer to keep separate account of school appropriations.
Article 51. City Attorney
149 Subject to same penalties as state’s attorneys.
Article 52. Assessors
Article 53. City Grand Juror
151 Powers; duties; liabilities; etc.
Article 54. City Constable
Article 55. City Engineer and Surveyor
Title VI. Executive Departments
Article 56. Finance Department
155 Board to act as board of audit; uniform system to be adopted.
156 Monthly reports; annual audit.
157 Preparation and submission of budget.
159 Selection of official depositary.
160 Care and control of public buildings.
161 Repairs to public buildings.
162 Board authorized to rent portions of public buildings.
Article 57. School Commissioners
165 Manner of filling vacancies.
169 Powers generally; authority to establish graded schools.
170 Authority to establish by-laws and regulations.
Article 58. Superintendent of Schools
171 Appointment; compensation; removal; term.
172 Duties of superintendent; commissioners to file monthly report.
Article 59. Truant Officers
Article 60. School Buildings
174 City to provide, equip and maintain.
175 Commissioners to control location, construction, sale and purchase.
176 Statement showing necessity for construction or purchase required.
177 Council to approve purchase or construction.
178 Funds for construction or purchase to be provided by tax levy.
Article 61. Library Department
181 Liabilities to be approved and budget preparation.
Article 62. Police Department
183 Board of police commissioners; composition; terms.
Article 63. Chief of Police and Captain
185 Officers of police force designated.
Article 64. Appointment of Police Officers
186 Manner of filling vacancies.
187 Force to be maintained; selection of members.
189 Members of force to be retained as long as they remain competent.
Article 65. Removal or Suspension
190 Chief may remove member for cause; hearing.
Article 66. To Be Nonpartisan
191 Political activity restricted.
Article 67. Local and Special Police Officers
192 Authority to appoint; defined; powers.
Article 68. Powers and Compensation
193 Service and process; fees allowed.
194 Police to have same powers as constables; jurisdiction limited.
195 Compensation to be set by council.
195a Authority of University of Vermont Police Officers.
Article 69. Fire Commissioners
197 Authority to establish rules and regulations for fire department.
Article 70. Members
198 Fire department; created; members; appointment.
199 Department to be under supervision of chief engineer.
200 Powers of fire commissioners.
201 Powers relating to fire department.
Article 71. To Be Nonpartisan
202 Political activity restricted.
Article 72. Department of Public Parks
203 Commissioners to manage parks; composition of board.
204 Records to be kept; annual reports to city council required.
205 Parks and recreation department; appointment of superintendent and engineer.
207 Authorization to establish and alter rules for park operation.
208 Determination of location of sewers, water pipes, wires, etc.
209 Regulation of planting and care of trees in parks.
210 Direction that trees be planted along public grounds and assess abutting land.
211 Authority to regulate parking.
212 Authority to declare weeds, underbrush, etc., a nuisance and direct removal.
213 Issuance of bonds to provide funds for parks authorized.
214 Bills and expenses to be approved.
215 Definition of "park property".
217 Condemnation of land for park and/or recreational purposes authorized.
Article 73. Department of Cemeteries
218 Composition; appointment; terms.
220 By-laws and regulations of board to have force of ordinances.
Article 74. Public Works Department; Water and Waste Water/Solid Waste Division
223, 224. [Reserved.].
Article 75. Light Department
226 Composition; appointment; term.
227 Superintendent/general manager; duties.
Article 76. Harbor Commission
229 Authority to create; powers and duties.
Article 77. Public Works Department; Streets Division
232, 233. [Reserved.].
Article 78. Streets; How Laid Out
234 Power to lay out, alter, discontinue, etc.
235 Council may lay out certain streets; owners’ petition.
236 Prior actions regarding streets ratified.
237 Rights of property owners.
238 Rights of property owners when street discontinued.
Article 79. Assessments in Laying Out Streets
240 Estimation of probable expenses authorized.
241 Decisions regarding assessments to be recorded.
242 Proceedings for objections to assessment.
243 Assessment lien suspended until final determination.
244 Petition for relief not to delay opening or altering of street.
245 Copy of final determination to be recorded; assessment to become lien.
246 Warrant to be issued upon failure to pay assessment; collection.
247 Court to have jurisdiction to determine questioned assessments.
Article 80. Sewers
248 Establishment and maintenance authorized; assessments.
249 Establishment and construction through private lands authorized.
250 Assessment of landowners authorized.
251 Assessment proceedings and rights.
Article 81. Notice to Adjoining Landowners
257 Chief administrative officer to mail copy of citation to last known address of nonresident.
258 Return of citation prima facie evidence of service.
259 Proceedings to be postponed until all interested parties notified.
260 Manner of giving notice to additional interested parties.
261 Proceedings not to be voided for failure to give notice.
Article 82. Street Improvements; How Ordered
262 City council may order improvements upon petition of owners.
263 Authorization to make improvements without petition; assessment of costs.
Article 83. Assessments for Street Improvements
266 Chief administrative officer to record assessments; notification of owners.
268—275. [Reserved.].
Article 84. Airport Commissioners; Airport Manager
276 Composition; terms; powers; airport management.
Article 85. Health Department; Board of Health
278 Adoption of by-laws authorized; meetings.
279 Local board to be in lieu of statutory board; general powers.
Article 86. Appointive Officers
281 Board of health authorized to make rules and regulations.
282 Powers and duties of health officer.
Article 87. License to Sell Milk or Cream
Title VII. Pensions
284 Maintenance of retirement fund; retiring board; sources of retirement fund.
285 Trustees of fund designated; powers; officers.
286 Board of medical examiners-created; duties; composition; terms; compensation.
288 Reexamination of person on retired list; reappointment, etc.
289 Record of proceedings to be kept; report to city council required.
Title VIII. General Provisions
290—297. [Transitional provisions. Not reproduced.]
Article 88. Miscellaneous Provisions
299 Rights, duties and liabilities of city to remain as existing at time of organization.
300 Copy of charter to be kept in office of chief administrative officer.
303 Alteration, amendment or repeal of charter.
304 Approval of section 102 by vote required.
305 Approval of section 99 by vote required.
306 Reserve fund of light department not to be increased without vote.
307—320. [Reserved.].
Article 89. Church Street Marketplace; District and Commission
321 Creation of downtown improvement district, church street marketplace district and marketplace.
322 Establishment of commission.
323 Expansion of church street marketplace district and/or marketplace.
327 Powers supplemental; construction.
328—329. [Reserved.].
Article 90. Community and Economic Development
331 Creation of community and economic development office.
333 Department to be under supervision of director.
334—350. [Reserved.].
Article 91. Burlington City Arts Office
351 Creation of Burlington City Arts.
353 Department to be under supervision of director.
354—360. [Reserved.].
Article 92. Personnel Department
361 Creation of human resources department.
363 Department to be under supervision of director.
364—369. [Reserved].
Article 92A. Department of Permitting and Inspections
370 Creation of department of permitting and inspections.
372 Department to be under supervision of director.
373 Powers, duties, and responsibilities of zoning administrative officer.
374—400. [Reserved].
SUBPART B
RELATED LAWS
Title IX. Related Laws
Article 93. General Revision of Ordinances of the City of Burlington
401 Revisions effective without publication.
402—404. [Reserved.].
Article 94. Benefit System for City Employees and Appointive Officers in Lieu of the Present Retirement and Pension Provisions of Said City Charter
405 Authority to establish system.
407 Direction to budget funds for system.
408 Existing provisions to remain valid until new provisions adopted.
409—414. [Reserved.].
Article 95. Authority to Construct or Otherwise Acquire and Maintain and Operate an Electric Plant and a Gas Plant
415 Authority to construct and maintain an electric plant.
416 Authority to construct, maintain and operate a gas-generating and distribution plant.
417 Authority to acquire property for purposes of sections 415 and 416 of this Charter.
418 Authority to sell services, merchandise and equipment incidental to use of electricity or gas.
419 Operation of gas business.
420 Procedure for exercising eminent domain right.
421 Issuance of bonds authorized.
422 Rates sufficient to pay for services and bonds to be charged.
423 Bond issuance to be approved by voters.
424—430. [Reserved].
Article 96. Authority to Improve, Extend, Better and Add to Its Existing Electric Plant and to Finance the Cost Thereof through the Issuance of Revenue Bonds
432 Electric plant; improvement of.
441 Rates; payment by municipal agencies.
443 Energy conservation facilities.
448 Powers exercised through city council.
449 Authority for joint venture for telecommunications.
450—500. [Reserved.].
Article 97. Electric Revenue Bonds
501 City of Burlington Utility Facilities; taxation of.
502—505. [Reserved.].
Article 98. The Burlington Waterworks System
Editor’s note—Subpart A consists of the Charter of the City of Burlington as derived from Act No. 298, Acts of 1949 approved April 20, 1949, and as subsequently amended. Amendments have been worked into their appropriate places and are followed by parenthetical history notes indicating the sources of the amendments; absence of such notes indicates that the section is as enacted in 1949. In order to provide for clarity in the text and to facilitate usage and indexing, the editors have inserted catchlines and minor, nonsubstantive additions, such as commas, which are indicated by brackets.
State law reference—Authority to amend and procedure for amending charters, 24 V.S.A. § 702a.