§ 3-324. Purposes and powers

(a) The City Council shall have authority and responsibility for the management of the Church Street Marketplace District, its services, and facilities. The City Council shall have the responsibility to establish, improve, and maintain a Marketplace within the District.

(b) In furtherance of its purpose, the City Council shall have the following rights, powers, and duties:

(1) To exercise the powers set forth in the first paragraph of section 231 of this charter with respect to the Marketplace; provided that, in relation to the Electric Light Department, the Commission shall have the same status as a private user;

(2) To acquire on behalf of the City by gift, purchase, exercise of the power of eminent domain, or otherwise, all types of interests in real property and rights-of-way which will become part of the Marketplace to be used in connection therewith;

(3) To construct or contract for the construction of improvements of any kind or nature necessary or convenient for the establishment or operation of the Marketplace;

(4) To pay, from the funds provided for herein, the whole or any portion of the cost of constructing and maintaining such improvements, including the cost of preliminary planning for the Marketplace;

(5) To prohibit in whole or in part vehicular traffic, other than motor vehicle traffic on the Marketplace, and to recommend to the Public Works Commission the prohibition or regulation of motor vehicle traffic within the Downtown Improvement District;

(6) To recommend to the Planning Commission the imposition of restrictions on the height, use, and exterior appearance, including restrictions on the use of signs, for buildings fronting on the Marketplace; such restrictions to be imposed only after notice and public hearings and, except for the use of signs, such restrictions to be prospective in nature;

(7) To make such improvements within the Church Street Marketplace District as are necessary or convenient to the operation of the Marketplace;

(8) To enter into contracts in the name of and on behalf of the City with State or federal agencies, including the Chittenden County Transportation Administration, as may be necessary or convenient to carry out the purpose of this article;

(9) To lease space, including air rights, in, below, and above the Marketplace but only in compliance with section 55 of this charter;

(10) To appoint such employees and agents as it may deem necessary or expedient for the operation of the Marketplace. The Director shall be appointed by the Mayor in accordance with the requirements of section 127 of this charter. The Director shall have the special and immediate care and practical supervision of the Marketplace, subject to the authority of the Mayor as Chief Executive Officer and the orders and ordinances of the City Council;

(11) To enter into management and maintenance contracts to facilitate the carrying out of any of its powers and duties enumerated herein, such contracts to be, where the Commission deems it appropriate and practicable, with operating departments of the City;

(12) To issue permits for various uses in the Marketplace, and to adopt regulations and charge fees for such issuance;

(13) To charge rentals and fees for its services and for use of space in the Marketplace;

(14) To receive and expend voluntary contributions for the carrying out of its purposes;

(15) To advertise and promote the Marketplace and its activities pursuant to this section when the Commission determines that such advertisement and promotion will promote the prosperity and general welfare of the citizens of the City of Burlington and of the State;

(16) To do all other things necessary or convenient to carrying out the purposes of this article. Nothing herein shall be construed to mean that the City Council may interfere with or regulate the internal management of properties within the District.

(c) The City Council may by resolution delegate any of the powers relating to the Downtown Improvement District and the Church Street Marketplace District to the Church Street Marketplace Commission. (Amended 1999, No. M-7, § 13, eff. May 19, 1999, No. M-9, § 6, eff. June 1, 1999; 2001, No. M-6, § 2..)