Connecticut 2020 Regular Session

Connecticut House Bill HB05478 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	LCO No. 2692 1 of 18
4	4
5	5	General Assembly Raised Bill No. 5478
6	6	February Session, 2020
7	7	LCO No. 2692
8	8
9	9
10	10	Referred to Committee on PLANNING AND DEVELOPMENT
11	11
12	12
13	13	Introduced by:
14	14	(PD)
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19	19	AN ACT CONCERNING A SPECIAL TAXING DISTRICT WITHIN THE
20	20	CITY OF WEST HAVEN.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (Effective from passage) (a) For the purposes of this section: 1
25	25	(1) "District" means that certain real property, situated in the City of 2
26	26	West Haven, County of New Haven and the State of Connecticut, West 3
27	27	Haven Special Improvement District, a body politic and corporate, 4
28	28	consisting of the area bounded and described as follows: Beginning at a 5
29	29	point located on the southerly side of Elm Street and at the northeasterly 6
30	30	corner of lands now or formerly of SZS Enterprises, LLC, said point 7
31	31	being the northwesterly corner of the parcel described in this section; 8
32	32	thence running N64°23'05"E a distance of 752.16 feet along the southerly 9
33	33	street line of Elm Street to the mean high water line of New Haven 10
34	34	Harbor; thence running in a southerly direction a distance of 1,951.3 feet 11
35	35	along the mean high water line of New Haven Harbor to the 12
36	36	northeasterly corner of lands now or formerly of Bayview 13
37	37	Condominiums; thence running S66°27'52"W a distance of 263.4 feet 14
38	38	along the northerly line of lands now or formerly of Bayview 15 Raised Bill No. 5478
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40	40
41	41
42	42	LCO No. 2692 2 of 18
43	43
44	44	Condominiums to the easterly street line of Bayview Place; thence 16
45	45	running S66°27'52"W a distance of 50 feet crossing Bayview Place to the 17
46	46	westerly street line of Bayview Place; thence running S23°32'08"E a 18
47	47	distance of 104.6 feet along the westerly street line of Bayview Place to 19
48	48	lands now or formerly of Christopher W. and Bonnie A. Jones; thence 20
49	49	running S67°06'19"W a distance of 143 feet along the northerly line of 21
50	50	lands now or formerly of Christopher W. and Bonnie A. Jones to a point; 22
51	51	thence running S23°32'08"E a distance of 5.32 feet to lands now or 23
52	52	formerly of Brittany M. Shaw; thence running S66°05'44"W a distance of 24
53	53	144.19 feet to the easterly street line of First Avenue; thence running 25
54	54	N24°14'02"W a distance of 280.93 feet along the easterly street line of 26
55	55	First Avenue to a point; thence running N34°18'02"W a distance of 27
56	56	1,293.57 feet along the easterly street line of First Avenue to the 28
57	57	southerly line of lands now or formerly of SZS Enterprises, LLC; thence 29
58	58	running N36°06'22"W a distance of 100 feet along lands now or formerly 30
59	59	of SZS Enterprises, LLC, to the point and place of the beginning. The 31
60	60	parcel described in this section contains 1,142,714 square feet or 26.233 32
61	61	acres of land. The project boundaries shall also include any off-site 33
62	62	locations mandated by any permitting agency for improvements 34
63	63	associated with the project's traffic management requirements. 35
64	64	(2) "Voter" means (A) any person who is an elector of the district, (B) 36
65	65	any citizen of the United States of the age of eighteen years or more who, 37
66	66	jointly or severally, is liable to the district for taxes assessed against such 38
67	67	citizen on an assessment of not less than one thousand dollars on the 39
68	68	last-completed grand list of such district, as the case may be, or who 40
69	69	would be so liable if not entitled to an exemption under subdivision (17), 41
70	70	(19), (22), (23) or (26) of section 12-81 of the general statutes, or (C) any 42
71	71	holder of record of an interest in real property within the district. 43
72	72	(3) "Holder of record of an interest in real property" means an owner 44
73	73	of a fee simple interest in such property. 45
74	74	(b) (1) Upon the petition of fifteen or more persons eligible to vote in 46
75	75	the city of West Haven, specifying the district for any or all of the 47
76	76	purposes set forth in this section, the mayor of such city shall call a 48 Raised Bill No. 5478
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78	78
79	79
80	80	LCO No. 2692 3 of 18
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82	82	meeting of the voters to act upon such petition, which meeting shall be 49
83	83	held at such place within such city and such hour as the mayor 50
84	84	designates, not later than thirty days after such petition has been 51
85	85	received by the mayor. Such meeting shall be called by publication of a 52
86	86	written notice of the same, signed by the mayor, at least fourteen days 53
87	87	before the time fixed for such meeting in two successive issues of a 54
88	88	newspaper published or circulated in such city. Not later than twenty-55
89	89	four hours before such meeting, (A) two hundred or more voters or ten 56
90	90	per cent of the total number of voters of such proposed district, 57
91	91	whichever is less, may petition the mayor, in writing, for a referendum 58
92	92	of the voters of such proposed district, or (B) the mayor in his or her 59
93	93	discretion may order a referendum of the voters of such proposed 60
94	94	district, on the sole question of whether the proposed district should be 61
95	95	established. Any such referendum shall be held not less than seven or 62
96	96	more than fourteen days after the receipt of such petition or the date of 63
97	97	such order, on a day to be set by the mayor for a vote by paper ballots 64
98	98	or by a "yes" or "no" vote on the voting machines, during the hours 65
99	99	between twelve o'clock noon and eight o'clock p.m.; except that such 66
100	100	city may, by vote of its city council, provide for an earlier hour for 67
101	101	opening the polls but not earlier than six o'clock a.m., notwithstanding 68
102	102	the provisions of any special act. If voters representing at least two-69
103	103	thirds of the assessments of holders of record within the proposed 70
104	104	district cast votes in such referendum in favor of establishing the 71
105	105	proposed district, the mayor shall reconvene such meeting not later than 72
106	106	seven days after the day on which the referendum is held. Upon 73
107	107	approval of the petition for the proposed district by voters representing 74
108	108	at least two-thirds of the assessments of holders of record within the 75
109	109	proposed district present at such meeting, or if a referendum is held, 76
110	110	upon the reconvening of such meeting after the referendum, the voters 77
111	111	may name the district and, upon the vote of voters representing a 78
112	112	majority of assessments of holders of record within the proposed 79
113	113	district, choose necessary officers therefor to hold office until the first 80
114	114	annual meeting thereof; and the district shall, upon the filing of the first 81
115	115	report filed in the manner provided in subsection (c) of section 7-325 of 82
116	116	the general statutes, thereupon be a body corporate and politic and have 83 Raised Bill No. 5478
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119	119
120	120	LCO No. 2692 4 of 18
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122	122	the powers provided in sections 7-324 to 7-329, inclusive, of the general 84
123	123	statutes, not inconsistent with the general statutes or this section, in 85
124	124	relation to the objects for which it was established, that are necessary for 86
125	125	the accomplishment of such objects, including the power to lay and 87
126	126	collect taxes. The clerk of such district shall cause its name and a 88
127	127	description of its territorial limits and of any additions that may be made 89
128	128	thereto to be recorded in, and a caveat be placed upon, the land records 90
129	129	of the city of West Haven. 91
130	130	(2) At the meeting called for the purpose of establishing the district 92
131	131	as provided in subdivision (1) of this subsection, the voters may 93
132	132	establish the district for any or all of the following purposes: To 94
133	133	extinguish fires, to light streets, to plant and care for shade and 95
134	134	ornamental trees, to plan, lay out, acquire, construct, maintain and 96
135	135	finance roads, sidewalks, crosswalks, drains, sewers and sewage 97
136	136	treatment facilities, parking facilities, open space, bulkhead repairs, 98
137	137	environmental remediation and other public and private infrastructure 99
138	138	improvements, including related site preparation and demolition costs, 100
139	139	to acquire, construct, maintain and regulate the use of recreational 101
140	140	facilities, parks, playgrounds and public artwork, to plan, lay out, 102
141	141	acquire, construct, reconstruct, repair, maintain, supervise and manage 103
142	142	a flood or erosion control system, to plan, lay out, acquire, construct, 104
143	143	maintain, operate, finance and regulate the use of a community water 105
144	144	system, all as referred to in this section as the "improvements". The 106
145	145	district may acquire, operate, maintain, repair and replace the 107
146	146	improvements and may contract with a town, city, borough or other 108
147	147	district for carrying out any of the purposes or the purchase or sale of 109
148	148	any of the improvements for which such district was established. Any 110
149	149	transfer to the district of real property and the improvements related to 111
150	150	such real property shall be deemed development for municipal 112
151	151	purposes and shall be expressly excluded from the purposes for which 113
152	152	a subdivision, as defined in section 8-18 of the general statutes, may be 114
153	153	made. 115
154	154	(3) At the meeting called for the purpose of establishing the district 116
155	155	as provided in subdivision (1) of this subsection, the voters shall fix the 117 Raised Bill No. 5478
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158	158
159	159	LCO No. 2692 5 of 18
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161	161	date of the annual meeting of the voters for the election of district 118
162	162	officers and the transaction of such other business as may properly come 119
163	163	before such annual meeting. At such organizational meeting of the 120
164	164	district, the voters shall elect five directors and four officers as follows: 121
165	165	A president, a vice-president, a clerk and a treasurer; provided, upon its 122
166	166	organization and at all times thereafter, one director may be appointed 123
167	167	by the mayor of the city of West Haven. The directors not appointed by 124
168	168	the mayor shall be elected to serve for terms of one, two, three and four 125
169	169	years, respectively, and thereafter at the annual meeting such directors, 126
170	170	as each term ends, shall be elected to serve for a term of four years. Not 127
171	171	less than three members of the board of directors shall be residents of 128
172	172	the state of Connecticut. Subject to the provisions of subdivision (4) of 129
173	173	this subsection, not fewer than fifteen voters of the district shall 130
174	174	constitute a quorum for the transaction of business at such 131
175	175	organizational meeting of the district; and if fifteen voters are not 132
176	176	present at such meeting, the mayor may adjourn such meeting from 133
177	177	time to time, until at least fifteen voters are present. Special meetings of 134
178	178	the district may be called on the application of ten per cent of the total 135
179	179	number of voters of such district or twenty of the voters of such district, 136
180	180	whichever is less, or by the president or any three directors upon giving 137
181	181	notice as provided in this section. Any special meeting called on the 138
182	182	application of the voters shall be held not later than twenty-one days 139
183	183	after receiving such application. Notice of the holding of the annual 140
184	184	meeting and all special meetings shall be given by publication of a notice 141
185	185	of such meetings in a newspaper having a general circulation in such 142
186	186	district at least ten days before the day of such meetings, signed by the 143
187	187	president or any three directors, which notice shall designate the time 144
188	188	and place of such meetings and the business to be transacted at such 145
189	189	meetings. Two hundred or more persons or ten per cent of the total 146
190	190	number of voters of such district, whichever is less, may petition the 147
191	191	clerk of such district, in writing, at least twenty-four hours prior to any 148
192	192	such meeting, requesting that any item or items on the call of such 149
193	193	meeting be submitted to the voters not less than seven or more than 150
194	194	fourteen days thereafter, on a day to be set by the district meeting or, if 151
195	195	the district meeting does not set a date, by the board of directors, or a 152 Raised Bill No. 5478
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197	197
198	198
199	199	LCO No. 2692 6 of 18
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201	201	vote by paper ballots or by a "yes" or "no" vote on the voting machines, 153
202	202	during the hours between twelve o'clock noon and eight o'clock p.m., 154
203	203	except that any district may, by vote of its board of directors, provide 155
204	204	for an earlier hour for opening the polls but not earlier than six o'clock 156
205	205	a.m. The paper ballots or voting machine ballot labels, as the case may 157
206	206	be, shall be provided by the clerk. When such a petition has been filed 158
207	207	with the clerk, the president, after completion of other business and after 159
208	208	reasonable discussion, shall adjourn such meeting and order such vote 160
209	209	on such item or items in accordance with the petition; and any item so 161
210	210	voted may be rescinded in the same manner. The clerk shall phrase such 162
211	211	item or items in a form suitable for printing on such paper ballots or 163
212	212	ballot labels. Subject to the provisions of subdivision (4) of this 164
213	213	subsection, not fewer than fifteen voters of the district shall constitute a 165
214	214	quorum for the transaction of business at any meeting of the district; 166
215	215	and if fifteen voters are not present at such meeting, the president of the 167
216	216	district or, in such president's absence, the vice-president, may adjourn 168
217	217	such meeting from time to time, until at least fifteen voters are present; 169
218	218	and all meetings of the district where a quorum is present may be 170
219	219	adjourned from time to time by a vote of a majority of the voters voting 171
220	220	on the question. At any annual or special meeting, the voters may, by a 172
221	221	majority vote of those present, discontinue any purposes for which the 173
222	222	district is established or undertake any additional purpose or purposes 174
223	223	enumerated in subdivision (2) of this subsection. 175
224	224	(4) (A) A quorum for the transaction of business at the meeting called 176
225	225	for the purpose of establishing the district, as provided in subdivision 177
226	226	(1) of this subsection, shall be either fifteen voters of such district or a 178
227	227	majority of the holders of record of interests in real property within such 179
228	228	district, as long as the assessments of such holders of record constitute 180
229	229	more than one-half of the total of assessments for all interests in real 181
230	230	property within such district. If fifteen voters or a majority of the holders 182
231	231	of record of interests in real property within such district are not present 183
232	232	at such meeting or the assessments of such holders of record constitute 184
233	233	less than one-half of the total of assessments for all interests in real 185
234	234	property within such district, the mayor may adjourn such meeting, 186 Raised Bill No. 5478
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237	237
238	238	LCO No. 2692 7 of 18
239	239
240	240	from time to time, until at least fifteen voters or a majority of the holders 187
241	241	of record of interests in real property within such district are present 188
242	242	and the assessments of such holders of record constitute more than one-189
243	243	half of the total of assessments for all interests in real property within 190
244	244	such district. 191
245	245	(B) For the transaction of business at any meeting of the district other 192
246	246	than a meeting described in subparagraph (A) of this subdivision, a 193
247	247	quorum shall be either fifteen voters of the district or a majority of the 194
248	248	holders of record of interests in real property within such district, as 195
249	249	long as the assessments for such holders of record constitute more than 196
250	250	one-half of the total of assessments for all interests in real property 197
251	251	within such district. At any meeting of the district other than a meeting 198
252	252	described in subparagraph (A) of this subdivision, each holder of record 199
253	253	of an interest in real property shall be entitled to cast one vote for each 200
254	254	interest in real property that it owns within the district, except as 201
255	255	provided in subparagraph (B) of subdivision (1) of subsection (d) of this 202
256	256	section. All actions, resolutions and proceedings at such meeting at 203
257	257	which a quorum is present shall require a majority vote, each, of (i) the 204
258	258	voters of the district present and voting, and (ii) the holders of record of 205
259	259	interests in real property within the district representing at least one-206
260	260	half of the assessments of all holders of record of interests in real 207
261	261	property within the district, present and voting; provided, the 208
262	262	provisions of this sentence may be amended at an annual or special 209
263	263	meeting of the district at which a quorum is present only upon a 210
264	264	majority vote, each, of (I) all of the voters of the district, and (b) all of the 211
265	265	holders of record of interests in real property within the district 212
266	266	representing at least two-thirds of the assessments of all holders of 213
267	267	record of interests in real property within the district. For the purpose 214
268	268	of determining a holder of record of an interest in real property within 215
269	269	the district as used in this subdivision (B), such term shall mean an 216
270	270	owner of a fee simple interest in such real property. If fifteen voters or a 217
271	271	majority of the holders of record of interests in real property within such 218
272	272	district are not present at such meeting or the assessments of such 219
273	273	holders of record constitute less than one-half of the total assessments 220 Raised Bill No. 5478
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275	275
276	276
277	277	LCO No. 2692 8 of 18
278	278
279	279	for all interests in real property within such district, the president of the 221
280	280	district, or in such president's absence, the vice-president, may adjourn 222
281	281	such meeting, from time to time, until at least fifteen voters or a majority 223
282	282	of the holders of record of interests in real property within such district 224
283	283	are present and the assessments of such holders of record constitute 225
284	284	more than one-half of the total of assessments for all interests in real 226
285	285	property within such district. 227
286	286	(5) In any case in which an action for a vote by the voters of the district 228
287	287	is to be initiated by the petition of such voters, in addition to such other 229
288	288	requirements as the general statutes or any special act may impose, such 230
289	289	petition shall be on a form prescribed or approved by the clerk of such 231
290	290	district, and each page of such petition shall contain a statement, signed 232
291	291	under penalty of false statement, by the person who circulated such 233
292	292	page, setting forth such circulator's name and address, and stating that 234
293	293	each person whose name appears on such page signed such page in 235
294	294	person in the presence of such circulator, that the circulator either knows 236
295	295	each such signer or that the signer satisfactorily identified himself to the 237
296	296	circulator and that all the signatures on such page were obtained not 238
297	297	earlier than six months prior to the filing of such petition. Any page of 239
298	298	a petition that does not contain such a statement by the circulator shall 240
299	299	be invalid. Any circulator who makes a false statement in the statement 241
300	300	required to be contained on each page of such petition shall be subject 242
301	301	to the penalty provided for false statement. No petition shall be valid 243
302	302	for any action for a vote by the voters at any regular or special district 244
303	303	meeting unless such petition was circulated by a voter eligible to vote in 245
304	304	such district. 246
305	305	(c) Whenever the officers of such district vote to terminate its 247
306	306	corporate existence and whenever a petition signed by ten per cent of 248
307	307	the total voters of such district or twenty of the voters of such district, 249
308	308	whichever is less, applying for a special meeting to vote on the 250
309	309	termination of the district is received by the clerk, the clerk shall call a 251
310	310	special meeting of the voters of such district, the notice of which shall 252
311	311	be signed by the officers thereof, by advertising such notice in the same 253
312	312	manner as provided in section 7-325 of the general statutes. Not later 254 Raised Bill No. 5478
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316	316	LCO No. 2692 9 of 18
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318	318	than twenty-four hours before any such meeting, two hundred or more 255
319	319	voters or ten per cent of the total number of voters, whichever is less, 256
320	320	may petition the clerk of the district, in writing, that a referendum on 257
321	321	the question of whether the district should be terminated be held in the 258
322	322	manner provided in section 7-327 of the general statutes. If, at such 259
323	323	meeting, a two-thirds majority of the voters present vote to terminate 260
324	324	the corporate existence of the district, or, if a referendum is held, two-261
325	325	thirds of the voters casting votes in such referendum vote to terminate 262
326	326	the corporate existence of the district, the officers shall proceed to 263
327	327	terminate the affairs of such district. The district shall pay all 264
328	328	outstanding indebtedness and turn over the balance of the assets of such 265
329	329	district to the city in which the district is located, if the legislative body 266
330	330	of the city authorizes such action. No district shall be terminated under 267
331	331	this section until all of its outstanding indebtedness is paid unless the 268
332	332	legislative body of the city in which the district is located agrees in 269
333	333	writing to assume such indebtedness. On completion of the duties of the 270
334	334	officers of such district, the clerk shall cause a certificate of the vote of 271
335	335	such meeting to be recorded in the land records of the city in which the 272
336	336	district is located and the clerk shall notify the Secretary of the Office of 273
337	337	Policy and Management. 274
338	338	(d) (1) (A) Except as provided in subparagraph (B) of this subdivision, 275
339	339	for the purposes of voting at meetings held by such district, any tenant 276
340	340	in common of any interest in real property shall have a vote equal to the 277
341	341	fraction of such tenant in common's ownership of such interest. Any 278
342	342	joint tenant of any interest in real property shall vote as if each such 279
343	343	tenant owned an equal fractional share of such real property. A 280
344	344	corporation shall have its vote cast by the chief executive officer of such 281
345	345	corporation, or such officer's designee. Any entity that is not a 282
346	346	corporation shall have its vote cast by a person authorized by such entity 283
347	347	to cast its vote. The district shall not have a vote for any interests in real 284
348	348	property that it owns within the district. 285
349	349	(B) The district shall not have a vote for any interest in real property 286
350	350	within the district owned by such district. 287 Raised Bill No. 5478
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352	352
353	353
354	354	LCO No. 2692 10 of 18
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356	356	(2) No holder of record of an interest in real property within the 288
357	357	district shall be precluded from participating in any district meeting or 289
358	358	referendum because of the form of entity that holds such interest, 290
359	359	whether such holder of record is (A) a corporation, partnership, 291
360	360	unincorporated association, trustee, fiduciary, guardian, conservator or 292
361	361	other form of entity, or any combination thereof, or (B) an individual 293
362	362	who holds interests jointly or in common with another individual or 294
363	363	individuals, or with any one or more of the entities listed in 295
364	364	subparagraph (A) of this subdivision. 296
365	365	(e) Notwithstanding any provision of the general statutes, including 297
366	366	sections 7-324 to 7-329, inclusive, of the general statutes, the district shall 298
367	367	have the power to assess, levy and collect benefit assessments upon the 299
368	368	land and buildings in the district that, in the judgment of such district, 300
369	369	are benefited by the improvements. 301
370	370	(f) (1) Notwithstanding any provision of the general statutes, 302
371	371	including sections 7-324 to 7-329, inclusive, of the general statutes, the 303
372	372	district shall have the power to fix, revise, charge, collect, abate and 304
373	373	forgive reasonable taxes, fees, rents and benefit assessments, and other 305
374	374	charges for the cost of the improvements, financing costs, operating 306
375	375	expenses and other services and commodities furnished or supplied to 307
376	376	the real property in the district in accordance with the applicable 308
377	377	provisions of the general statutes that apply to districts established 309
378	378	under section 7-325 of the general statutes, and this section and in the 310
379	379	manner prescribed by the district. Notwithstanding any provision of the 311
380	380	general statutes, the district may pay the entire cost of any 312
381	381	improvements, including the costs of financing such improvements, 313
382	382	capitalized interest and the funding of any reserve funds necessary to 314
383	383	secure such financing or the debt service of bonds or notes issued to 315
384	384	finance such costs, from taxes, fees, rents, benefit assessments or other 316
385	385	revenues and may assess, levy and collect said taxes, fees, rents or 317
386	386	benefit assessments concurrently with the issuance of bonds, notes or 318
387	387	other obligations to finance such improvements based on the estimated 319
388	388	cost of the improvements prior to the acquisition or construction of the 320
389	389	improvements or upon the completion or acquisition of the 321 Raised Bill No. 5478
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391	391
392	392
393	393	LCO No. 2692 11 of 18
394	394
395	395	improvements. 322
396	396	(2) Notwithstanding any provision of the general statutes, whenever 323
397	397	the district constructs, improves, extends, equips, rehabilitates, repairs, 324
398	398	acquires or provides a grant for any improvements or finances the cost 325
399	399	of such improvements, such proportion of the cost or estimated cost of 326
400	400	the improvements and financing thereof as determined by the district, 327
401	401	may be assessed by the district, referred to in this section as "benefit 328
402	402	assessments", in the manner prescribed by such district, upon the 329
403	403	property benefited by such improvements and the balance of such costs 330
404	404	shall be paid from the general funds of the district. The district may 331
405	405	provide for the payment of such benefit assessments in annual 332
406	406	installments, not exceeding twenty, and may forgive such benefit 333
407	407	assessments in any single year without causing the remainder of 334
408	408	installments of benefit assessments to be forgiven. Benefit assessments 335
409	409	to buildings or structures constructed or expanded after the initial 336
410	410	benefit assessment may be assessed as if the new or expanded buildings 337
411	411	or structures had existed at the time of the original benefit assessment. 338
412	412	For the purposes of this section, the provision of open space, whether 339
413	413	within the district or in the city of West Haven, shall be deemed a benefit 340
414	414	to all the property in the district. 341
415	415	(3) In order to provide for the collection and enforcement of its taxes, 342
416	416	fees, rents, benefit assessments and other charges, the district is hereby 343
417	417	granted all the powers and privileges with respect thereto as districts 344
418	418	organized pursuant to section 7-325 of the general statutes, and as held 345
419	419	by the city of West Haven or as otherwise provided in this section. Such 346
420	420	taxes, fees, rents or benefit assessments, if not paid when due, shall 347
421	421	constitute a lien upon the premises served and a charge against the 348
422	422	owners thereof, which lien and charge shall bear interest at the same 349
423	423	rate as delinquent property taxes. Each such lien may be continued, 350
424	424	recorded and released in the manner provided for property tax liens and 351
425	425	shall take precedence over all other liens or encumbrances except a lien 352
426	426	for taxes of the city of West Haven. Each such lien may be continued, 353
427	427	recorded and released in the manner provided for property tax liens. 354 Raised Bill No. 5478
428	428
429	429
430	430
431	431	LCO No. 2692 12 of 18
432	432
433	433	(4) The budget, taxes, fees, rents, benefit assessments and any other 355
434	434	charges of the district of general application shall be adopted and 356
435	435	revised by the board at least annually no more than thirty days before 357
436	436	the beginning of the fiscal year in accordance with the procedures to be 358
437	437	established by the board at a meeting called by the board, assuring that 359
438	438	interested persons are afforded notice and an opportunity to be heard. 360
439	439	The board shall hold at least two public hearings on its schedule of fees, 361
440	440	rates, rents, benefit assessments and other charges or any revision 362
441	441	thereof before adoption, notice of which shall be delivered to the mayor 363
442	442	and city council of the city of West Haven and be published in at least 364
443	443	two newspapers of general circulation in the city of West Haven at least 365
444	444	ten days in advance of the hearing. Not later than the date of the 366
445	445	publication, the board shall make available to the public and deliver to 367
446	446	the mayor and the city council of the city of West Haven the proposed 368
447	447	schedule of fees, rates, rents, benefit assessments and other charges. The 369
448	448	procedures regarding public hearing and appeal provided by section 7-370
449	449	250 of the general statutes shall apply for all benefit assessments made 371
450	450	by the district except that the board shall be substituted for the water 372
451	451	pollution control authority. If the benefit assessments are assessed and 373
452	452	levied prior to the acquisition or construction of the improvements, the 374
453	453	amount of the benefit assessments shall be adjusted to reflect the actual 375
454	454	cost of the improvements, including all financing costs, once the 376
455	455	improvements have been completed, provided the actual cost is greater 377
456	456	than or less than the estimated costs. If the benefit assessments are 378
457	457	assessed and levied after the acquisition or construction of the 379
458	458	improvements, the amount of the benefit assessments shall reflect the 380
459	459	actual cost of the improvements, including all financing costs, and such 381
460	460	costs may be included in the bonds or budget of the district, as 382
461	461	determined by the board. Benefit assessments shall be due and payable 383
462	462	at such times as are fixed by the board, provided the district shall give 384
463	463	notice of such due date not less than thirty days prior to such due date 385
464	464	by publication in a newspaper of general circulation in the city of West 386
465	465	Haven and by mailing such notice to the owners of the property 387
466	466	assessed at their last-known address. 388 Raised Bill No. 5478
467	467
468	468
469	469
470	470	LCO No. 2692 13 of 18
471	471
472	472	(g) (1) Notwithstanding any provision of the general statutes, 389
473	473	including sections 7-324 to 7-329, inclusive, of the general statutes, 390
474	474	whenever the district has authorized the acquisition or construction of 391
475	475	the improvements or has made an appropriation therefor, the district 392
476	476	may authorize the issuance of up to forty million dollars of bonds, notes 393
477	477	or other obligations to finance the cost of the improvements, the creation 394
478	478	and maintenance of reserves required to sell the bonds, notes or 395
479	479	obligations and the cost of issuance of the bonds, notes or obligations, 396
480	480	except that, until such time the district enters into an interlocal 397
481	481	agreement with the city of West Haven to share said city's incremental 398
482	482	increase in real property taxes, in accordance with the procedures 399
483	483	provided by section 7-339c of the general statutes, including at least one 400
484	484	public hearing on the proposed agreement and ratification by the city 401
485	485	council of said city, no bonds secured by a pledge of revenues derived 402
486	486	from the interlocal agreement shall be issued. The bonds, notes or other 403
487	487	obligations may be secured as to both principal or interest by (A) the full 404
488	488	faith and credit of the district, (B) fees, revenues or benefit assessments, 405
489	489	or (C) a combination of subparagraphs (A) and (B) of this subdivision. 406
490	490	Such bonds, notes or obligations shall be authorized by resolution of the 407
491	491	board. The district is authorized to secure such bonds by the full faith 408
492	492	and credit of the district or by a pledge of or lien on all or part of its 409
493	493	revenues, fees or benefit assessments. The bonds of each issue shall be 410
494	494	dated, shall bear interest at the rates and shall mature at the time or 411
495	495	times not exceeding twenty years from their date or dates, as 412
496	496	determined by the board, and may be redeemable before maturity, at 413
497	497	the option of the board, at the price or prices and under the terms and 414
498	498	conditions fixed by the board before the issuance of the bonds. The 415
499	499	board shall determine the form of the bonds, and the manner of 416
500	500	execution of the bonds, and shall fix the denomination of the bonds and 417
501	501	the place or places of payment of principal and interest, which may be 418
502	502	at any bank or trust company within the state of Connecticut and other 419
503	503	locations as designated by the board. In case any officer whose signature 420
504	504	or a facsimile of whose signature shall appear on any bonds or coupons 421
505	505	shall cease to be an officer before the delivery of the bonds, the signature 422
506	506	or facsimile shall nevertheless be valid and sufficient for all purposes 423 Raised Bill No. 5478
507	507
508	508
509	509
510	510	LCO No. 2692 14 of 18
511	511
512	512	the same as if the officer had remained in office until the delivery. 424
513	513	(2) While any bonds or notes issued by the district remain 425
514	514	outstanding, the powers, duties or existence of the district shall not be 426
515	515	diminished or impaired in any way that will affect adversely the 427
516	516	interests and rights of the holders of the bonds or notes. Bonds or notes 428
517	517	issued under this section, unless otherwise authorized by law, shall not 429
518	518	be considered to constitute a debt of the state of Connecticut or the city 430
519	519	of West Haven, or a pledge of the full faith and credit of the state of 431
520	520	Connecticut or the city of West Haven, but the bonds or notes shall be 432
521	521	payable solely by the district or as special obligations payable from 433
522	522	particular district revenues. Any bonds or notes issued by the district 434
523	523	shall contain on their face a statement to the effect that neither the state 435
524	524	of Connecticut nor the city of West Haven shall be obliged to pay the 436
525	525	principal of or the interest thereon, and that neither the full faith and 437
526	526	credit or taxing power of the state of Connecticut or the city of West 438
527	527	Haven is pledged to the payment of the bonds or notes. All bonds or 439
528	528	notes issued under this section shall have and are hereby declared to 440
529	529	have all the qualities and incidents of negotiable instruments, as 441
530	530	provided in title 42a of the general statutes. 442
531	531	(h) (1) The board may authorize that the bonds be secured by a trust 443
532	532	agreement by and between the district and a corporate trustee, which 444
533	533	may be any trust company or bank having the powers of a trust 445
534	534	company within the state of Connecticut. The trust agreement may 446
535	535	pledge or assign the revenues. Either the resolution providing for the 447
536	536	issuance of bonds or the trust agreement may contain covenants or 448
537	537	provisions for protecting and enforcing the rights and remedies of the 449
538	538	bondholders as may be necessary, reasonable or appropriate and not in 450
539	539	violation of law. 451
540	540	(2) All expenses incurred in carrying out the trust agreement may be 452
541	541	treated as a part of the cost of the operation of the district. The pledge 453
542	542	by any trust agreement or resolution shall be valid and binding from 454
543	543	time to time when the pledge is made; the revenues or other moneys so 455
544	544	pledged and then held or thereafter received by the board shall 456 Raised Bill No. 5478
545	545
546	546
547	547
548	548	LCO No. 2692 15 of 18
549	549
550	550	immediately be subject to the lien of the pledge without any physical 457
551	551	delivery thereof or further act; and the lien of the pledge shall be valid 458
552	552	and binding as against all parties having claims of any kind in tort, 459
553	553	contract or otherwise against the board, irrespective of whether the 460
554	554	parties have notice thereof. Notwithstanding any provision of the 461
555	555	Uniform Commercial Code, neither this subsection, the resolution or 462
556	556	any trust agreement by which a pledge is created need be filed or 463
557	557	recorded except in the records of the board, and no filing need be made 464
558	558	under title 42a of the general statutes. 465
559	559	(i) Bonds or notes issued under this section are hereby made 466
560	560	securities in which all public officers and public bodies of the state of 467
561	561	Connecticut and its political subdivisions, all insurance companies, trust 468
562	562	companies, banking associations, investment companies, executors, 469
563	563	administrators, trustees and other fiduciaries may properly and legally 470
564	564	invest funds, including capital in their control and belonging to them; 471
565	565	and such bonds shall be securities which may properly and legally be 472
566	566	deposited with and received by any state or municipal officer or any 473
567	567	agency or political subdivision of the state of Connecticut for any 474
568	568	purpose for which the deposit of bonds or notes of the state of 475
569	569	Connecticut is now or may hereafter be authorized by law. 476
570	570	(j) Bonds may be issued under this section without obtaining the 477
571	571	consent of the state of Connecticut or the city of West Haven, and 478
572	572	without any proceedings or the happening of any other conditions or 479
573	573	things other than those proceedings, conditions or things that are 480
574	574	specifically required thereof by this section, and the validity of and 481
575	575	security for any bonds issued by the district shall not be affected by the 482
576	576	existence or nonexistence of the consent or other proceedings, 483
577	577	conditions or things. 484
578	578	(k) The district and all its receipts, revenues, income and real and 485
579	579	personal property shall be exempt from taxation and benefit 486
580	580	assessments and the district shall not be required to pay any tax, excise 487
581	581	or assessment to or from the state of Connecticut or any of its political 488
582	582	subdivisions. The principal and interest on bonds or notes issued by the 489 Raised Bill No. 5478
583	583
584	584
585	585
586	586	LCO No. 2692 16 of 18
587	587
588	588	district shall be free from taxation at all times, except for estate and gift, 490
589	589	franchise and excise taxes, imposed by the state of Connecticut or any 491
590	590	political subdivision thereof, provided nothing in this section shall act 492
591	591	to limit or restrict the ability of the state of Connecticut or the city of 493
592	592	West Haven to tax the individuals and companies, or their real or 494
593	593	personal property or any person living or business operating within the 495
594	594	boundaries of the district. 496
595	595	(l) The board shall at all times keep accounts of its receipts, 497
596	596	expenditures, disbursements, assets and liabilities, which shall be open 498
597	597	to inspection by a duly appointed officer or duly appointed agent of the 499
598	598	state of Connecticut or the city of West Haven. The fiscal year of the 500
599	599	district shall begin on July first and end on the following June thirtieth 501
600	600	or as otherwise established by section 7-327 of the general statutes. The 502
601	601	district shall be subject to an audit of its accounts in the manner 503
602	602	provided in the general statutes. 504
603	603	(m) (1) The clerk of the district shall submit project activity reports 505
604	604	quarterly to the Secretary of the Office of Policy and Management and 506
605	605	to the chairpersons of the joint standing committee of the General 507
606	606	Assembly having cognizance of matters relating to finance, revenue and 508
607	607	bonding. Such reports shall provide information and updates on the 509
608	608	projects undertaken by the district, including the status of the design, 510
609	609	financing, construction, sales of commercial and residential property 511
610	610	and such other items as the secretary or chairpersons may request. 512
611	611	(2) The district shall take affirmative steps to provide for the full 513
612	612	disclosure of information relating to the public financing and 514
613	613	maintenance of improvements to real property undertaken by the 515
614	614	district. Such information shall be provided to any existing residents 516
615	615	and to all prospective residents of the district. The district shall furnish 517
616	616	each developer of a residential development within the district with 518
617	617	sufficient copies of such information and provide each prospective 519
618	618	initial purchaser of property in such district with a copy, and any 520
619	619	developer of a residential development within the district, when 521
620	620	required by law to provide a public offering statement, shall include a 522 Raised Bill No. 5478
621	621
622	622
623	623
624	624	LCO No. 2692 17 of 18
625	625
626	626	copy of such information relating to the public financing and 523
627	627	maintenance of improvements in the public offering statement. 524
628	628	(n) (1) This section shall be deemed to provide an additional, 525
629	629	alternative and complete method of accomplishing the purposes of this 526
630	630	section and exercising the powers authorized hereby and shall be 527
631	631	deemed and construed to be supplemental and additional to, and not in 528
632	632	derogation of, powers conferred upon the district by law and 529
633	633	particularly by sections 7-324 to 7-329, inclusive, of the general statutes; 530
634	634	provided insofar as the proceedings of this section are inconsistent with 531
635	635	any general statute or special act, or any resolution or ordinance of the 532
636	636	city of West Haven, this section shall be controlling. 533
637	637	(2) Except as specifically provided in this section, all other statutes, 534
638	638	ordinances, resolutions, rules and regulations of the state of Connecticut 535
639	639	and the city of West Haven shall be applicable to the property, residents 536
640	640	and businesses located in the district. Nothing in this section shall in any 537
641	641	way obligate the city of West Haven to pay any costs for the acquisition, 538
642	642	construction, equipping or operation and administration of the 539
643	643	improvements located within the district or to pledge any money or 540
644	644	taxes to pay debt service on bonds or notes issued by the district except 541
645	645	as may be agreed to in any interlocal agreements executed by the city of 542
646	646	West Haven and the district. 543
647	647	(o) This section being necessary for the welfare of the city of West 544
648	648	Haven and its inhabitants shall be liberally construed to affect the 545
649	649	purposes hereof. 546
650	650	This act shall take effect as follows and shall amend the following
651	651	sections:
652	652
653	653	Section 1 from passage New section
654	654
655	655	Statement of Purpose:
656	656	To permit the establishment of a special taxing district in West Haven
657	657	and authorize such district to make expenditures for public and private
658	658	infrastructure improvements and issue bonds to finance the
659	659	improvements. Raised Bill No. 5478
660	660
661	661
662	662
663	663	LCO No. 2692 18 of 18
664	664
665	665	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
666	666	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
667	667	underlined.]
668	668