2011 Vermont Code
Title 24 Appendix Municipal Charters
Chapter 417 WINDHAM SOLID WASTE MANAGEMENT DISTRICT
§ 54 Withdrawal of member municipality

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TITLE 24A

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APPENDIX

Municipal Charters

PART IV

Solid Waste Districts

CHAPTER 417. WINDHAM SOLID WASTE MANAGEMENT DISTRICT

Subchapter VI. Miscellaneous

§ 417-54. Withdrawal of member municipality

A member municipality may withdraw from the district upon the terms and conditions specified in this section.

(1) Withdrawal prior to the district incurring bonded indebtedness or entering long-term contracts.

(A) [Transitional provision related to initial bonding]

(B) No member municipality may withdraw from the district for a period of one year from the date of establishment of the district or after entering into a contract with the town of Brattleboro as authorized in subdivision 37(b)(1) of this chapter, whichever comes first.

(C) Prior to the district incurring bonded indebtedness or entering into a long-term contract, a member municipality may vote to withdraw in the same manner as the vote for adoption of this chapter by such member municipality. If a majority of the voters of a member municipality present and voting at a meeting duly warned for such purpose shall vote to withdraw from the district, the vote shall be certified by the clerk of that municipality and presented to the board of supervisors. Thereafter, the board shall give notice to the remaining member municipalities of the vote to withdraw and shall hold a meeting to determine if it is in the best interest of the district to continue to exist. Representatives of the member municipalities shall be given an opportunity to be heard at such meeting, together with any other interested persons. After such a meeting, the board of supervisors may declare the district dissolved immediately or as soon thereafter as the financial obligat

ions of the district and of each member municipality on account thereof have been satisfied, or it may declare that the district shall continue to exist despite the withdrawal of such member municipality. The membership of the withdrawing municipality shall terminate as soon after such vote to withdraw as the financial obligations of said withdrawing municipality have been paid to the district.

(2) Withdrawal after the district has incurred bonded indebtedness or entered into a long-term contract. After the district has incurred bonded indebtedness or entered into a long-term contract, a member municipality may vote to withdraw in the same manner as the vote for adoption of this chapter by such member municipality. It shall be a condition that the withdrawing municipality shall enter into a written agreement with the district whereby such withdrawing municipality shall be obligated to continue to pay its share of the debt incurred by the district for the remaining bonding term or contract term. In addition, the withdrawing municipality shall obligate itself to pay the cost of redesigning and rebuilding any facility of the district occasioned because of the reduced volume of solid waste. The cost shall be determined by an independent engineering firm hired by the board of supervisors. These additional costs shall be paid either in a lump sum or in installments at such

times and in such amounts as required by the board of supervisors. In addition, in the event there is a resource recovery facility, if the withdrawal of a municipality will reduce the minimum volume of solid waste required to meet the district's long-term contractual commitments, no withdrawal of a member municipality shall be permitted during the period of such commitments.