§ 5.

591 words·~3 min read·/vt/5-52

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 5. Powers

Except as otherwise provided or limited in this chapter, the District shall have the following powers:

(1)Except as provided in section 6 of this chapter, to operate, cause to be operated, or contract, or any combination of these, for the operation of any and all facilities for the collection, transportation, resource recovery, recycling, and disposal of solid waste, and to determine and make proper charges for such services.

(2)To purchase, sell, lease, own, acquire, convey, mortgage, improve, and use real and personal property in connection with the purpose of the District.

(3)To hire and fix the compensation of employees.

(4)To sue and be sued.

(5)To enter into contracts for any term or duration.

(6)To contract with architects, engineers, financial and legal consultants, and other experts for services.

(7)To contract with individuals, corporations, associations, authorities, and agencies for services.

(8)To provide solid waste management, resource recovery, or solid waste disposal services for the member municipalities, its inhabitants, and its businesses, and for others as its facilities and obligations may allow.

(9)To contract to pay for solid waste disposal services on the basis of guaranteed amounts, whether delivered for disposal and accepted for disposal or not, of solid waste, with payments based on guaranteed amounts, whether actually disposed of or not, which payments may be variable and may be determined by formulae expressed in such contracts.

(10)To contract with the State of Vermont, the United States of America, or any subdivision or agency for services.

(11)To contract with any member municipality for the services of any officers or employees of that municipality useful to it.

(12)To promote cooperative arrangements and coordinated action among its member municipalities.

(13)To make recommendations for review and action to its member municipalities and other public agencies that perform functions within the region in which its member municipalities are located.

(14)To exercise any other powers that are necessary or desirable for dealing with resource recovery or solid waste problems of mutual concern, and that are exercised or are capable of exercise by any of its member municipalities.

(15)To exercise the power of eminent domain upon the approval of a majority of the legislative bodies of the member municipalities.

(16)To borrow money and issue evidence of indebtedness as provided by 24 V.S.A. chapter 53 or other provisions of law authorizing general obligations or revenue debt, including 10 V.S.A. chapter 12 and 24 V.S.A. chapter 119.

(17)To establish a budget and assess member municipalities in accordance therewith.

(18)To levy assessments, surcharges, and other fees consistent with legislative authority.

(19)To appropriate and expend monies.

(20)To establish sinking funds for the retirement of bonded or other indebtedness.

(21)To establish capital reserve funds for public improvements in furtherance of its purposes.

(22)Subject to such limitations as may be imposed by law, to regulate the collection, transportation, resource recovery, recycling, and disposal of solid waste generated within or without the District.

(23)To enact and enforce any and all necessary or desirable regulations for the orderly conduct of the government and for carrying out the purpose of the District.

(24)To accept and administer gifts, grants, and bequests in trust or otherwise for the purpose of the District.

(25)To exercise all powers incident to a public corporation.

(26)To grant nonexclusive franchises or establish collection districts for the purposes of the collection of recyclable materials, composting, resource recovery, or disposal of solid waste. (Amended 2017, No. M-1, § 1.)