Water System

V.S.A. tit. 24 Appendix, ch. 15, subch. 5

in effect

24 App. V.S.A. ch. 15, § 61 Water system authorized

61. Water system authorized The City of Vergennes is hereby authorized and empowered to construct and maintain a water system, with necessary structures, appliances, pipe lines, aqueducts, pumps, pump house, filtration basin or basins, reservoir or reservoirs, water tower, or towers and all necessary appurtenances to operate the same by water power, gravity, electricity, or other means, and to conduct water to and distribute the same through said City for the purpose of supplying the inhabitants thereof with water for fire, domestic, mechanical, and other purposes and may take and hold, by purchase or the right of eminent domain, in addition to the land, water power, water rights, privileges, and appurtenances thereof already owned or acquired by said City, such land and easements, springs, wells, ponds, streams, water privileges, and other sources of supply, located within or without the City limits, as may be necessary for obtaining a proper and adequate supply, storing and distributing same, preventing the pollution of the water supply of said City, and for proper construction, extension, and maintenance of said water system; provided, however, that such right of eminent domain shall not include the taking of private water power rights. Said City may enter upon and use any land, highways, easements, and rights of way through or over which it may be necessary for the pipes or aqueducts, reservoirs, water towers, structures, and appurtenances as may be necessary for the complete construction and maintenance of said water system and may also, for the purposes aforesaid, dig up or occupy any common, highway, street, right of way, or bridge for the purpose of laying, constructing, or repairing such pipes or aqueducts and all appurtenances thereof and may, for the purposes of this subchapter, build, construct, and repair from time to time, as may be necessary, the dam or falls of the water power now owned and used by said City.

24 App. V.S.A. ch. 15, § 62 Powers

62. Powers Said City is authorized and empowered to borrow money and issue its negotiable bonds and notes to an amount not exceeding $160,000.00, maturing, in installments as may be determined by the special committee authorized by section 64 of this charter, within a maximum period of 30 years from date of issue, for the purpose of acquiring the necessary lands, easements, and sources of supply and constructing said water system and paying all expenses incident thereto. Such bonds shall bear interest at a rate not exceeding five percent and shall not be sold for less than 95 percent of their par value. The bonds or notes shall be signed by the Mayor of said City and countersigned by its Treasurer, and if interest coupons are attached, they shall bear the facsimile signature of the Treasurer of said City. The bonds or notes shall specify on their face the purpose for which they are issued and that they are issued under the authority of this subchapter, which shall be conclusive evidence of the liability of said City to any bona fide holder of the same. It is hereby made the duty of the said City to provide for the payment, and to pay the interest and principal, of said bonds or notes as they shall fall due. If said City shall for any cause fail to provide means for the payment of the interest and principal that may become due, then it shall become the duty of the City Council, without vote of the City, seasonably to assess upon the grand list of said City a tax sufficient to meet the interest and principal of said bonds or notes as they respectively become due, and place the same with a proper warrant, signed by a justice of the peace, in the hands of the Collector of Taxes for said City to collect the same immediately and pay it into the hands of the Treasurer, whose duty it shall be to pay the principal and interest of said bonds or notes as they shall fall due. Nothing contained in this section shall be construed to prohibit the holder or holders of said bonds or notes from resorting to any legal means to enforce payment of same.

24 App. V.S.A. ch. 15, § 63 Bonding; vote required

63. Bonding; vote required The City, by a two-thirds vote of the legal voters present and voting at a meeting duly warned and holden in whole or in part for that purpose, may vote to lay, construct, and maintain said system of water works as contemplated by this subchapter, and vote to borrow money for that purpose, and issue its negotiable bonds or notes, determined what amount of bonds or notes shall be issued therefor, determine the denomination thereof, the rate of interest thereon, and how and when payable.

24 App. V.S.A. ch. 15, § 64 Special committee

64. Special committee Pursuant to such vote of the City, a special committee including the Mayor and chosen by the Chamber of Commerce of the City and confirmed by the City Council shall have charge of the borrowing of the money as hereinbefore provided and shall lay out and construct said system of water works and shall have exclusive control and direction of the construction and all expenses incurred therein. Vacancies occurring in said committee shall be filled by the remaining members thereof, subject to confirmation by City Council. Said committee shall serve without pay, but shall be allowed its actual expenses.

24 App. V.S.A. ch. 15, § 65 Damages; procedure for determining

65. Damages; procedure for determining If in any case the damages caused by taking the water or by taking the land, or any right, title, or interest therein, or for entering upon and using any land as aforesaid, are not adjusted by agreement of the parties affected thereby, or if the owner disputes the necessity for such taking, the City Council shall proceed in the same manner as is provided by law for selectboards in taking lands for highway purposes and in awarding damages therefor. If any interested person or corporation is dissatisfied with the decision as to the necessity for or the extent of such taking or with the award of damages, it may apply by petition to the Addison County Court setting forth the particulars wherein said petitioner claims to be aggrieved, and any number of persons may join therein. Said petition, with a citation, shall be served on the Clerk of said City within 30 days from the filing of the award and description of the property taken and at least 12 days before the term of the Court to which the petition is returnable; the Court shall thereupon appoint three disinterested persons as commissioners, who shall inquire into the intent and necessity of such taking and as to the damages sustained by the petitioners. Said commissioners shall give at least six days’ notice of the time and place of hearing to the petitioners and to the Clerk of the City of Vergennes; they shall report their findings to the Court, and, upon hearing, said Court may accept or reject said report, in whole or in part; make such orders in the premises as justice requires; render judgment for the petitioners respectively; take costs for either party; and award execution. In case final judgment is rendered for the City, or if no appeal from the decision of the commissioners is taken, the City may immediately tender the amount awarded as damages and costs and thereupon enter upon and occupy the premises so taken.

24 App. V.S.A. ch. 15, § 66 Authority to furnish water

66. Authority to furnish water Said City may sell or furnish water to any person or corporation for fire, sanitary, domestic, or other purposes not in conflict with the public service laws of the State, within or without said City, and lay all pipes necessary to furnish water to all such persons.

24 App. V.S.A. ch. 15, § 67 Rules

67. Rules The City Council shall make and establish all necessary rules and regulations for the government and operation of the water works, and may draw orders upon the Treasurer of said City for the necessary expenses of the same; may establish rates or rents for the use of the water, and provide for the collection of the same; and may, from time to time, modify, increase, or diminish such rates or rents and extend them to any description of property or use as said City may see fit and deem proper. Such rates or rents for the use of the water as may be established upon lots, buildings, factories, steam engines, stores, shops, stables, and other property shall be collected from the owner of the property so supplied, unless otherwise provided in the lease of the water; and such rates or rents shall be in the nature of a tax, and be a lien and charge upon such buildings, lots, and other property so supplied, and may be collected in the same manner as any municipal tax. Said water rates or rents may be ordered to be paid in advance, and all necessary provisions and orders may be made by said City Council relating to the supply or stoppage of water as they may deem necessary to ensure such payments. Said City Council shall appoint a Collector of Water Rates or Rents, and may remove him or her at pleasure; and said Collector, before he or she enters upon the duties of his or her office, shall execute a bond to the City of Vergennes and file the same with the Clerk of said City, conditioned for a just and true accounting of all money received and disbursed by him or her, and for the faithful performance of the duties of his or her office, in such sum and with such sureties as said City Council shall direct, and, if he or she fails to comply therewith within five days from his or her appointment, said office shall thereby become vacant and said City Council shall appoint others until one so appointed duly qualifies. During the construction contemplated by this subchapter, the committee provided for in section 64 of this charter shall have the exclusive management and control of the existing water works, and of all matters and things appertaining thereto, and shall have all and the same power and authority now vested in the City Council, with reference thereto, with full power of delegation.

24 App. V.S.A. ch. 15, § 68 Taking; notice

68. Taking; notice (a) Whenever a notice is required to be given for the taking of land or any right therein or the awarding of damages therefor, a citation shall be issued, signed by the Clerk or City Attorney of said City, and containing the names of all persons to whom notice is to be given, which citation shall be served, in the manner provided for serving a writ of summons, upon the person or persons to whom notice is to be given, by a sheriff, constable, or police officer of said City, not more than 60 days nor less than six days prior to the time of hearing. The return of said officer upon the original citation shall have the same effect as evidence of such service as is by law given to the return of a sheriff or constable upon a writ of summons. Such citation and return shall be made a part of the record of such proceeding. (b) If at any stage of the proceedings for the taking of land, or any right or interest therein, for the purposes of this subchapter, it appears that any person or persons owning or interested in such land have not been duly notified, said proceedings shall not be held void by reason thereof, but shall be suspended until such person or persons are duly notified as hereinbefore provided. Whereupon the same proceedings shall be held in the same manner and with the same effect as if said person or persons had been duly notified by the original citation. If any person so notified appears, he or she shall be heard upon all matters therein pending in which he or she is interested.

24 App. V.S.A. ch. 15, § 69 Penalty

69. Penalty A person who shall willfully disturb or injure said aqueduct, reservoir, filtration basin, or any of the connecting appurtenances, or works thereof, or pollutes the water thereof shall be liable to be prosecuted therefor by a Grand Juror of said City, or the State’s Attorney of the county wherein said offense was committed, and shall be fined not more than $100.00 nor less than $5.00 with costs of prosecution, and shall be liable to said City for all damage resulting to it by such disturbance, injury, or pollution, with full costs, the same to be recovered by said City in any action founded on this subchapter. Justices of the peace and the municipal court shall have concurrent jurisdiction with the county court of offenses under this section.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/015Fetched: 10/21/2026