Connecticut 2019 Regular Session

Connecticut House Bill HB06747 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6747
	8	+	January Session, 2019
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3	11
4		-	Substitute House Bill No. 6747
5		-
6		-	Special Act No. 19-22
7	12
8	13
9		-	AN ACT AMENDING THE CHARTER OF THE GROVE BEACH
10		-	~~POINT~~ ASSOCIATION.
	14	+	AN ACT AMENDING THE CHARTER OF THE GROVE BEACH POINT
	15	+	ASSOCIATION.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Section 3 of number 148 of the special acts of 1945, as
15		-	amended by section 2 of number 223 of the special acts of 1947 and
16		-	section 15 of public act 05-247, is amended to read as follows (Effective
17		-	from passage):
18		-	The objects of said association shall be: To provide for the
19		-	improvement of the land within the limits of said association, its
20		-	maintenance as a residential community and for the health, comfort,
21		-	protection, safety and welfare of the inhabitants thereof. All owners of
22		-	a cottage or dwelling or other real estate within said limits shall,
23		-	provided they are twenty-one years of age, be members of said Grove
24		-	Beach Point Association and shall be entitled to vote in any meeting of
25		-	such members and shall be eligible to any office provided for in this
26		-	charter. Joint owners of any cottage, dwelling or other real estate
27		-	within said limits shall be considered for voting purposes as one
28		-	member of said association. The husband or wife of an owner shall be
29		-	a member of said association but shall not be empowered to vote at
30		-	any meeting of said association except [by proxy of such owner] as an
31		-	authorized proxy for such owner. The beneficiaries of a trust shall be Substitute House Bill No. 6747
	19	+	Section 1. Section 3 of number 148 of the special acts of 1945, as 1
	20	+	amended by section 2 of number 223 of the special acts of 1947 and 2
	21	+	section 15 of public act 05-247, is amended to read as follows (Effective 3
	22	+	from passage): 4
	23	+	The objects of said association shall be: To provide for the 5
	24	+	improvement of the land within the limits of said association, its 6
	25	+	maintenance as a residential community and for the health, comfort, 7
	26	+	protection, safety and welfare of the inhabitants thereof. All owners of 8
	27	+	a cottage or dwelling or other real estate within said limits shall, 9
	28	+	provided they are twenty-one years of age, be members of said Grove 10
	29	+	Beach Point Association and shall be entitled to vote in any meeting of 11
	30	+	such members and shall be eligible to any office provided for in this 12
	31	+	charter. Joint owners of any cottage, dwelling or other real estate 13
	32	+	within said limits shall be considered for voting purposes as one 14
	33	+	member of said association. The husband or wife of an owner shall be 15
	34	+	a member of said association but shall not be empowered to vote at 16
	35	+	any meeting of said association except [by proxy of such owner] as an 17
	36	+	authorized proxy for such owner. The beneficiaries of a trust shall be 18
	37	+	members of said association but shall not be empowered to vote at any 19 Substitute Bill No. 6747
32	38
33		-	Special Act No. 19-22 2 of 7
34	39
35		-	members of said association but shall not be empowered to vote at any
36		-	meeting except as an authorized proxy of the trustee. Not more than
37		-	one vote may be cast per property in said association, and if a person is
38		-	the owner or trustee of multiple properties in said association, such
39		-	person is entitled to only one vote, whether in person or by proxy, at
40		-	any meeting of said association. Non-natural persons, such as limited
41		-	liability companies or corporations, are not entitled to a vote at any
42		-	meeting.
43		-	Sec. 2. Section 5 of number 148 of the special acts of 1945, as
44		-	amended by section 17 of public act 05-247, is amended to read as
45		-	follows (Effective from passage):
46		-	Annual meetings of said association shall be held during the month
47		-	of May in each year, at such time and place within the limits of the
48		-	[association] Town of Westbrook as the Board of Governors shall
49		-	direct. Such meeting shall choose a moderator and clerk for such
50		-	meeting and shall elect members of the board by ballot, unless
51		-	otherwise specified by a majority of those members present.
52		-	Sec. 3. Section 6 of number 148 of the special acts of 1945, as
53		-	amended by section 4 of number 223 of the special acts of 1947 and
54		-	section 18 of public act 05-247, is amended to read as follows (Effective
55		-	from passage):
56		-	Any vacancy occurring in the membership of The Board of
57		-	Governors between annual meetings shall be filled by [a majority of]
58		-	the remaining members of the Board of Governors, [until the next
59		-	annual meeting, at which time the members of the association shall
60		-	elect as above prescribed, a member of the Board of Governors for the
61		-	unexpired portion of the term] which remaining members shall
62		-	appoint a replacement to fill the remainder of the unexpired term. Any
63		-	vacancy occurring in any office between annual meetings, shall be
64		-	filled by the Board of Governors for the unexpired portion of the term. Substitute House Bill No. 6747
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65	43
66		-	Special Act No. 19-22 3 of 7
	44	+	meeting except as an authorized proxy of the trustee. Not more than 20
	45	+	one vote may be cast per property in said association, and if a person is 21
	46	+	the owner or trustee of multiple properties in said association, such 22
	47	+	person is entitled to only one vote, whether in person or by proxy, at 23
	48	+	any meeting of said association. Non-natural persons, such as limited 24
	49	+	liability companies or corporations, are not entitled to a vote at any 25
	50	+	meeting. 26
	51	+	Sec. 2. Section 5 of number 148 of the special acts of 1945, as 27
	52	+	amended by section 17 of public act 05-247, is amended to read as 28
	53	+	follows (Effective from passage): 29
	54	+	Annual meetings of said association shall be held during the month 30
	55	+	of May in each year, at such time and place within the limits of the 31
	56	+	[association] Town of Westbrook as the Board of Governors shall 32
	57	+	direct. Such meeting shall choose a moderator and clerk for such 33
	58	+	meeting and shall elect members of the board by ballot, unless 34
	59	+	otherwise specified by a majority of those members present. 35
	60	+	Sec. 3. Section 6 of number 148 of the special acts of 1945, as 36
	61	+	amended by section 4 of number 223 of the special acts of 1947 and 37
	62	+	section 18 of public act 05-247, is amended to read as follows (Effective 38
	63	+	from passage): 39
	64	+	Any vacancy occurring in the membership of The Board of 40
	65	+	Governors between annual meetings shall be filled by [a majority of] 41
	66	+	the remaining members of the Board of Governors, [until the next 42
	67	+	annual meeting, at which time the members of the association shall 43
	68	+	elect as above prescribed, a member of the Board of Governors for the 44
	69	+	unexpired portion of the term] which remaining members shall 45
	70	+	appoint a replacement to fill the remainder of the unexpired term. Any 46
	71	+	vacancy occurring in any office between annual meetings, shall be 47
	72	+	filled by the Board of Governors for the unexpired portion of the term. 48
	73	+	If there is a tie vote among the remaining members, the vote of the 49
	74	+	chairman shall determine the outcome. 50 Substitute Bill No. 6747
67	75
68		-	If there is a tie vote among the remaining members, the vote of the
69		-	chairman shall determine the outcome.
70		-	Sec. 4. Section 8 of number 148 of the special acts of 1945, as
71		-	amended by section 5 of number 223 of the special acts of 1947 and
72		-	section 20 of public act 05-247, is amended to read as follows (Effective
73		-	from passage):
74		-	The Board of Governors shall prepare and submit to said association
75		-	at each annual meeting a budget and shall recommend a tax for the
76		-	purposes of and based on such budget, of not more than five mills on
77		-	the dollar of the total value of real estate within the limits of said
78		-	association as shown by the last-completed grand list of the [town]
79		-	Town of Westbrook, which budget and tax rate shall be [posted on a
80		-	sign-post of said association and] mailed to each member of said
81		-	association not less than five days before such annual meeting. Said
82		-	association, according to its best judgment of the best interests of all,
83		-	shall have the power to decrease such budget and rate of taxation
84		-	recommended by said board, but in no case shall it have power to
85		-	increase such budget and rate of taxation. Said board shall appoint a
86		-	tax collector to collect such taxes, and a rate [book] bill shall be made
87		-	out [and signed by the clerk of said board] on or before the third
88		-	Saturday of June, each year, and warrants may be issued for the
89		-	collection of money due on such rate [bills] bill, pursuant to the
90		-	provisions of the general statutes. Said board shall have the power to
91		-	transfer expenditures from the sums adopted in the annual budget
92		-	from any one item to any other item in the budget. Said board shall
93		-	have the power to borrow money from a bank with interest if
94		-	necessary, on account of anticipated collection of taxes, but not
95		-	exceeding a sum equal to fifty per cent of the anticipated collection of
96		-	taxes for any one year.
97		-	Sec. 5. Section 9 of number 148 of the special acts of 1945, as
98		-	amended by section 21 of public act 05-247, is amended to read as Substitute House Bill No. 6747
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100		-	Special Act No. 19-22 4 of 7
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101	80
102		-	follows (Effective from passage):
103		-	Written notice of the rate of such tax and of the amount apportioned
104		-	to each member of the association shall be sent by the tax collector on
105		-	or before the thirtieth of June following the annual meeting and such
106		-	tax shall be due and payable on July first thereafter. If such tax is not
107		-	paid on or before the following August first, it shall bear interest from
108		-	the July first due date at the same rate per annum, until paid, as
109		-	imposed on delinquent taxes by the Town of Westbrook. The tax
110		-	collector shall have all the powers of collectors of town taxes and shall
111		-	pay over the taxes as soon as collected to the treasurer of the
112		-	association. Each such tax, if not paid when due, shall be subject to a
113		-	lien upon the property [upon which it shall be laid for one year from
114		-	the time of the laying of such tax] that shall be laid at such time as
115		-	determined by the Board of Governors.
116		-	Sec. 6. Section 12 of number 148 of the special acts of 1945, as
117		-	amended by section 24 of public act 05-247, is amended to read as
118		-	follows (Effective from passage):
119		-	Notice in writing of each meeting of the association stating the
120		-	purpose of the meeting shall be given by the clerk by letter [of] or card,
121		-	postage prepaid, [addressed] or via electronic communication to each
122		-	member of the association [and mailed to the address of property
123		-	owners appearing on the records of the tax collector of the Town of
124		-	Westbrook, at least five] at least ten days before such meeting. If such
125		-	notice is sent by letter or card, the addresses used by the clerk shall be
126		-	those appearing on the records of the tax collector of the Town of
127		-	Westbrook. If such notice is sent via electronic communication, the
128		-	electronic addresses used by the clerk shall be those filed with such
129		-	clerk by the property owners of the association.
130		-	Sec. 7. Section 15 of number 148 of the special acts of 1945, as
131		-	amended by section 25 of public act 05-247, is amended to read as Substitute House Bill No. 6747
	81	+	Sec. 4. Section 8 of number 148 of the special acts of 1945, as 51
	82	+	amended by section 5 of number 223 of the special acts of 1947 and 52
	83	+	section 20 of public act 05-247, is amended to read as follows (Effective 53
	84	+	from passage): 54
	85	+	The Board of Governors shall prepare and submit to said association 55
	86	+	at each annual meeting a budget and shall recommend a tax for the 56
	87	+	purposes of and based on such budget, of not more than five mills on 57
	88	+	the dollar of the total value of real estate within the limits of said 58
	89	+	association as shown by the last-completed grand list of the [town] 59
	90	+	Town of Westbrook, which budget and tax rate shall be [posted on a 60
	91	+	sign-post of said association and] mailed to each member of said 61
	92	+	association not less than five days before such annual meeting. Said 62
	93	+	association, according to its best judgment of the best interests of all, 63
	94	+	shall have the power to decrease such budget and rate of taxation 64
	95	+	recommended by said board, but in no case shall it have power to 65
	96	+	increase such budget and rate of taxation. Said board shall appoint a 66
	97	+	tax collector to collect such taxes, and a rate [book] bill shall be made 67
	98	+	out [and signed by the clerk of said board] on or before the third 68
	99	+	Saturday of June, each year, and warrants may be issued for the 69
	100	+	collection of money due on such rate [bills] bill, pursuant to the 70
	101	+	provisions of the general statutes. Said board shall have the power to 71
	102	+	transfer expenditures from the sums adopted in the annual budget 72
	103	+	from any one item to any other item in the budget. Said board shall 73
	104	+	have the power to borrow money from a bank with interest if 74
	105	+	necessary, on account of anticipated collection of taxes, but not 75
	106	+	exceeding a sum equal to fifty per cent of the anticipated collection of 76
	107	+	taxes for any one year. 77
	108	+	Sec. 5. Section 9 of number 148 of the special acts of 1945, as 78
	109	+	amended by section 21 of public act 05-247, is amended to read as 79
	110	+	follows (Effective from passage): 80
	111	+	Written notice of the rate of such tax and of the amount apportioned 81
	112	+	to each member of the association shall be sent by the tax collector on 82
	113	+	or before the thirtieth of June following the annual meeting and such 83 Substitute Bill No. 6747
132	114
133		-	Special Act No. 19-22 5 of 7
134	115
135		-	follows (Effective from passage):
136		-	[By-laws] Bylaws, rules and regulations of [said] the association
137		-	may be enacted, altered, amended or repealed at any meeting of the
138		-	association provided due notice of the same is properly given in the
139		-	call for such meeting. The Board of Governors shall enforce such
140		-	bylaws, rules and regulations in the name of the association.
141		-	Sec. 8. Section 1 of special act 18-19 is amended to read as follows
142		-	(Effective from passage):
143		-	[An Act Incorporating The Grove Beach Point Association, as
144		-	adopted by number] Number 148 of the special acts of 1945, as
145		-	amended by number 223 of the special acts of 1947 and public act 05-
146		-	247, is amended to add the following:
147		-	[Sec. 18.] To promote and maintain the objects of said [Association]
148		-	association, to secure safety and promote health and the general
149		-	welfare of the community, to conserve the value of buildings and
150		-	encourage the most appropriate use of the land, the following
151		-	restrictions and conditions have been imposed upon all of the land
152		-	within the territorial limits of said [Association] association:
153		-	[Said conditions and restrictions are as follows:] Said conditions and
154		-	restrictions are as follows:
155		-	1. No more than one single-family dwelling house, for use and
156		-	occupancy of one family only, and one private garage shall be erected
157		-	on any one of the lots within the limits of said [Association; no]
158		-	association. No garage shall be erected on any lot until the dwelling
159		-	house on said lot has been completed. Such garage shall not include
160		-	living quarters.
161		-	2. No tents or temporary buildings, or mobile homes shall be
162		-	erected, located, or maintained on any lot. Substitute House Bill No. 6747
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163	119
164		-	Special Act No. 19-22 6 of 7
	120	+	tax shall be due and payable on July first thereafter. If such tax is not 84
	121	+	paid on or before the following August first, it shall bear interest from 85
	122	+	the July first due date at the same rate per annum, until paid, as 86
	123	+	imposed on delinquent taxes by the Town of Westbrook. The tax 87
	124	+	collector shall have all the powers of collectors of town taxes and shall 88
	125	+	pay over the taxes as soon as collected to the treasurer of the 89
	126	+	association. Each such tax, if not paid when due, shall be subject to a 90
	127	+	lien upon the property [upon which it shall be laid for one year from 91
	128	+	the time of the laying of such tax] that shall be laid at such time as 92
	129	+	determined by the Board of Governors. 93
	130	+	Sec. 6. Section 12 of number 148 of the special acts of 1945, as 94
	131	+	amended by section 24 of public act 05-247, is amended to read as 95
	132	+	follows (Effective from passage): 96
	133	+	Notice in writing of each meeting of the association stating the 97
	134	+	purpose of the meeting shall be given by the clerk by letter [of] or card, 98
	135	+	postage prepaid, [addressed] or via electronic communication to each 99
	136	+	member of the association [and mailed to the address of property 100
	137	+	owners appearing on the records of the tax collector of the Town of 101
	138	+	Westbrook, at least five] at least ten days before such meeting. If such 102
	139	+	notice is sent by letter or card, the addresses used by the clerk shall be 103
	140	+	those appearing on the records of the tax collector of the Town of 104
	141	+	Westbrook. If such notice is sent via electronic communication, the 105
	142	+	electronic addresses used by the clerk shall be those filed with such 106
	143	+	clerk by the property owners of the association. 107
	144	+	Sec. 7. Section 15 of number 148 of the special acts of 1945, as 108
	145	+	amended by section 25 of public act 05-247, is amended to read as 109
	146	+	follows (Effective from passage): 110
	147	+	[By-laws] The Charter, bylaws, rules and regulations of [said] the 111
	148	+	association may be enacted, altered, amended or repealed at any 112
	149	+	meeting of the association provided due notice of the same is properly 113
	150	+	given in the call for such meeting. The Board of Governors shall 114
	151	+	enforce such charter, bylaws, rules and regulations in the name of the 115 Substitute Bill No. 6747
165	152
166		-	3. Houses, cottages or dwellings shall be restricted to location and
167		-	erected only on the main numbered lots, thus 1, 121, etc. No house,
168		-	cottage or dwelling shall be located or erected on sub-lettered lots, thus
169		-	95-A, 121-A, etc., 95-B, 101-B, etc. These lots are available only for
170		-	garages, docks, etc., depending upon location.
171		-	4. No land or buildings constructed thereon shall be used for any
172		-	other purposes than occupancy as a residence. Advertising signs of
173		-	any nature shall not be erected thereon.
174		-	5. Property use shall be restricted to use as a single-family residence.
175		-	The owner of any property owned by a trust or non-natural person,
176		-	such as a limited liability company or corporation, shall provide a
177		-	written list of the names of the natural persons constituting the single
178		-	family occupying the dwelling, which natural persons shall have the
179		-	rights of members to use property or facilities of said association. No
180		-	property owner shall grant shares, memberships or other means to
181		-	allow non-members to use property or facilities of said association.
182		-	Nothing in this section limits the rights of members to personally host
183		-	non-member guests, as is customary and incidental to residents of
184		-	residential dwellings.
185		-	Said conditions or restrictions may be altered or amended in whole
186		-	or in part by a two-thirds vote of the [Association] association at a
187		-	meeting duly warned, if new or additional facts appear or other
188		-	considerations materially affecting the merits thereof have intervened,
189		-	provided, at said meeting, the owner of any land within the limits of
190		-	said [Association] association shall be entitled to a hearing thereon,
191		-	and provided any person aggrieved by the vote of said [Association]
192		-	association may appeal therefrom with ten days of such vote to a court
193		-	of competent jurisdiction. Said [Association] association or any
194		-	member thereof shall have the right to restrain any violation of the
195		-	above restrictions by way of injunction and recovery of damages, or
196		-	both, by the institution of legal action in a court of competent Substitute House Bill No. 6747
197	153
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199	157
200		-	jurisdiction.
201		-	In the event any condition or restriction adopted by the
202		-	[Association] association shall conflict with any ordinance of the Town
203		-	of Westbrook, the more restrictive condition or ordinance shall prevail.
	158	+	association. 116
	159	+	Sec. 8. Section 1 of special act 18-19 is amended to read as follows 117
	160	+	(Effective from passage): 118
	161	+	[An Act Incorporating The Grove Beach Point Association, as 119
	162	+	adopted by number] Number 148 of the special acts of 1945, as 120
	163	+	amended by number 223 of the special acts of 1947 and public act 05-121
	164	+	247, is amended to add the following: 122
	165	+	[Sec. 18.] To promote and maintain the objects of said [Association] 123
	166	+	association, to secure safety and promote health and the general 124
	167	+	welfare of the community, to conserve the value of buildings and 125
	168	+	encourage the most appropriate use of the land, the following 126
	169	+	restrictions and conditions have been imposed upon all of the land 127
	170	+	within the territorial limits of said [Association] association: 128
	171	+	[Said conditions and restrictions are as follows:] Said conditions and 129
	172	+	restrictions are as follows: 130
	173	+	1. No more than one single-family dwelling house, for use and 131
	174	+	occupancy of one family only, and one private garage shall be erected 132
	175	+	on any one of the lots within the limits of said [Association; no] 133
	176	+	association. No garage shall be erected on any lot until the dwelling 134
	177	+	house on said lot has been completed. Such garage shall not include 135
	178	+	living quarters. 136
	179	+	2. No tents or temporary buildings, or mobile homes shall be 137
	180	+	erected, located, or maintained on any lot. 138
	181	+	3. Houses, cottages or dwellings shall be restricted to location and 139
	182	+	erected only on the main numbered lots, thus 1, 121, etc. No house, 140
	183	+	cottage or dwelling shall be located or erected on sub-lettered lots, thus 141
	184	+	95-A, 121-A, etc., 95-B, 101-B, etc. These lots are available only for 142
	185	+	garages, docks, etc., depending upon location. 143
	186	+	4. No land or buildings constructed thereon shall be used for any 144 Substitute Bill No. 6747
	187	+
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	192	+
	193	+	other purposes than occupancy as a residence. Advertising signs of 145
	194	+	any nature shall not be erected thereon. 146
	195	+	5. Property use shall be restricted to use as a single-family residence. 147
	196	+	The owner of any property owned by a trust or non-natural person, 148
	197	+	such as a limited liability company or corporation, shall provide a 149
	198	+	written list of the names of the natural persons constituting the single 150
	199	+	family occupying the dwelling, which natural persons shall have the 151
	200	+	rights of members to use property or facilities of said association. No 152
	201	+	property owner shall grant shares, memberships or other means to 153
	202	+	allow non-members to use property or facilities of said association. 154
	203	+	Nothing in this section limits the rights of members to personally host 155
	204	+	non-member guests, as is customary and incidental to residents of 156
	205	+	residential dwellings. 157
	206	+	Said conditions or restrictions may be altered or amended in whole 158
	207	+	or in part by a two-thirds vote of the [Association] association at a 159
	208	+	meeting duly warned, if new or additional facts appear or other 160
	209	+	considerations materially affecting the merits thereof have intervened, 161
	210	+	provided, at said meeting, the owner of any land within the limits of 162
	211	+	said [Association] association shall be entitled to a hearing thereon, 163
	212	+	and provided any person aggrieved by the vote of said [Association] 164
	213	+	association may appeal therefrom with ten days of such vote to a court 165
	214	+	of competent jurisdiction. Said [Association] association or any 166
	215	+	member thereof shall have the right to restrain any violation of the 167
	216	+	above restrictions by way of injunction and recovery of damages, or 168
	217	+	both, by the institution of legal action in a court of competent 169
	218	+	jurisdiction. 170
	219	+	In the event any condition or restriction adopted by the 171
	220	+	[Association] association shall conflict with any ordinance of the Town 172
	221	+	of Westbrook, the more restrictive condition or ordinance shall prevail. 173
	222	+	This act shall take effect as follows and shall amend the following
	223	+	sections:
	224	+	Substitute Bill No. 6747
	225	+
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	230	+
	231	+	Section 1 from passage Number 148 of the
	232	+	special acts of 1945, Sec.
	233	+	3
	234	+	Sec. 2 from passage Number 148 of the
	235	+	special acts of 1945, Sec.
	236	+	5
	237	+	Sec. 3 from passage Number 148 of the
	238	+	special acts of 1945, Sec.
	239	+	6
	240	+	Sec. 4 from passage Number 148 of the
	241	+	special acts of 1945, Sec.
	242	+	8
	243	+	Sec. 5 from passage Number 148 of the
	244	+	special acts of 1945, Sec.
	245	+	9
	246	+	Sec. 6 from passage Number 148 of the
	247	+	special acts of 1945, Sec.
	248	+	12
	249	+	Sec. 7 from passage Number 148 of the
	250	+	special acts of 1945, Sec.
	251	+	15
	252	+	Sec. 8 from passage SA 18-19, Sec. 1
	253	+
	254	+	Statement of Legislative Commissioners:
	255	+	In Section 4, "town of Westbrook" was changed to "[town] Town of
	256	+	Westbrook" for consistency; and in Section 7, "by-laws" was changed to
	257	+	"bylaws" for consistency.
	258	+
	259	+	PD Joint Favorable Subst. -LCO
204	260