Connecticut 2021 Regular Session

Connecticut House Bill HB06102 Compare Versions

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7+General Assembly Substitute Bill No. 6102
8+January Session, 2021
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4-Substitute House Bill No. 6102
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6-Special Act No. 21-38
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914 AN ACT CONCERNING A SPECIAL TAXING DISTRICT WITHIN THE
1015 CITY OF WEST HAVEN.
1116 Be it enacted by the Senate and House of Representatives in General
1217 Assembly convened:
1318
14-Section 1. (Effective from passage) (a) For the purposes of this section:
15-(1) "District" means that certain real property, situated in the City of
16-West Haven, County of New Haven and the State of Connecticut, the
17-West Haven Special Improvement District, a body politic and corporate,
18-consisting of the area bounded and described as follows: Beginning at a
19-point located on the southerly side of Elm Street and at the northeasterly
20-corner of lands now or formerly of SZS Enterprises, LLC, said point
21-being the northwesterly corner of the parcel described in this section;
22-thence running N64°23'05"E a distance of 752.16 feet along the southerly
23-street line of Elm Street to the mean high water line of New Haven
24-Harbor; thence running in a southerly direction a distance of 1,951.3 feet
25-along the mean high water line of New Haven Harbor to the
26-northeasterly corner of lands now or formerly of Bayview
27-Condominiums; thence running S66°27'52"W a distance of 263.4 feet
28-along the northerly line of lands now or formerly of Bayview
29-Condominiums to the easterly street line of Bayview Place; thence
30-running S66°27'52"W a distance of 50 feet crossing Bayview Place to the
31-westerly street line of Bayview Place; thence running S23°32'08"E a Substitute House Bill No. 6102
19+Section 1. (Effective from passage) (a) For the purposes of this section: 1
20+(1) "District" means that certain real property, situated in the City of 2
21+West Haven, County of New Haven and the State of Connecticut, the 3
22+West Haven Special Improvement District, a body politic and corporate, 4
23+consisting of the area bounded and described as follows: Beginning at a 5
24+point located on the southerly side of Elm Street and at the northeasterly 6
25+corner of lands now or formerly of SZS Enterprises, LLC, said point 7
26+being the northwesterly corner of the parcel described in this section; 8
27+thence running N64°23'05"E a distance of 752.16 feet along the southerly 9
28+street line of Elm Street to the mean high water line of New Haven 10
29+Harbor; thence running in a southerly direction a distance of 1,951.3 feet 11
30+along the mean high water line of New Haven Harbor to the 12
31+northeasterly corner of lands now or formerly of Bayview 13
32+Condominiums; thence running S66°27'52"W a distance of 263.4 feet 14
33+along the northerly line of lands now or formerly of Bayview 15
34+Condominiums to the easterly street line of Bayview Place; thence 16
35+running S66°27'52"W a distance of 50 feet crossing Bayview Place to the 17
36+westerly street line of Bayview Place; thence running S23°32'08"E a 18 Substitute Bill No. 6102
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35-distance of 104.6 feet along the westerly street line of Bayview Place to
36-lands now or formerly of Christopher W. and Bonnie A. Jones; thence
37-running S67°06'19"W a distance of 143 feet along the northerly line of
38-lands now or formerly of Christopher W. and Bonnie A. Jones to a point;
39-thence running S23°32'08"E a distance of 5.32 feet to lands now or
40-formerly of Brittany M. Shaw; thence running S66°05'44"W a distance of
41-144.19 feet to the easterly street line of First Avenue; thence running
42-N24°14'02"W a distance of 280.93 feet along the easterly street line of
43-First Avenue to a point; thence running N34°18'02"W a distance of
44-1,293.57 feet along the easterly street line of First Avenue to the
45-southerly line of lands now or formerly of SZS Enterprises, LLC; thence
46-running N36°06'22"W a distance of 100 feet along lands now or formerly
47-of SZS Enterprises, LLC, to the point and place of the beginning. The
48-parcel described in this section contains 1,142,714 square feet or 26.233
49-acres of land. The project boundaries shall also include any off-site
50-locations mandated by any permitting agency for improvements
51-associated with the project's traffic management requirements.
52-(2) "Voter" means (A) any person who is an elector of the district, (B)
53-any citizen of the United States of the age of eighteen years or more who,
54-jointly or severally, is liable to the district for taxes assessed against such
55-citizen on an assessment of not less than one thousand dollars on the
56-last-completed grand list of such district, as the case may be, or who
57-would be so liable if not entitled to an exemption under subdivision (17),
58-(19), (22), (23) or (26) of section 12-81 of the general statutes, or (C) any
59-holder of record of an interest in real property within the district.
60-(3) "Holder of record of an interest in real property" means an owner
61-of a fee simple interest in such property.
62-(b) (1) Upon the petition of fifteen or more persons eligible to vote in
63-the city of West Haven, specifying the district for any or all of the
64-purposes set forth in this section, the mayor of such city shall call a
65-meeting of the voters to act upon such petition, which meeting shall be Substitute House Bill No. 6102
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43+distance of 104.6 feet along the westerly street line of Bayview Place to 19
44+lands now or formerly of Christopher W. and Bonnie A. Jones; thence 20
45+running S67°06'19"W a distance of 143 feet along the northerly line of 21
46+lands now or formerly of Christopher W. and Bonnie A. Jones to a point; 22
47+thence running S23°32'08"E a distance of 5.32 feet to lands now or 23
48+formerly of Brittany M. Shaw; thence running S66°05'44"W a distance of 24
49+144.19 feet to the easterly street line of First Avenue; thence running 25
50+N24°14'02"W a distance of 280.93 feet along the easterly street line of 26
51+First Avenue to a point; thence running N34°18'02"W a distance of 27
52+1,293.57 feet along the easterly street line of First Avenue to the 28
53+southerly line of lands now or formerly of SZS Enterprises, LLC; thence 29
54+running N36°06'22"W a distance of 100 feet along lands now or formerly 30
55+of SZS Enterprises, LLC, to the point and place of the beginning. The 31
56+parcel described in this section contains 1,142,714 square feet or 26.233 32
57+acres of land. The project boundaries shall also include any off-site 33
58+locations mandated by any permitting agency for improvements 34
59+associated with the project's traffic management requirements. 35
60+(2) "Voter" means (A) any person who is an elector of the district, (B) 36
61+any citizen of the United States of the age of eighteen years or more who, 37
62+jointly or severally, is liable to the district for taxes assessed against such 38
63+citizen on an assessment of not less than one thousand dollars on the 39
64+last-completed grand list of such district, as the case may be, or who 40
65+would be so liable if not entitled to an exemption under subdivision (17), 41
66+(19), (22), (23) or (26) of section 12-81 of the general statutes, or (C) any 42
67+holder of record of an interest in real property within the district. 43
68+(3) "Holder of record of an interest in real property" means an owner 44
69+of a fee simple interest in such property. 45
70+(b) (1) Upon the petition of fifteen or more persons eligible to vote in 46
71+the city of West Haven, specifying the district for any or all of the 47
72+purposes set forth in this section, the mayor of such city shall call a 48
73+meeting of the voters to act upon such petition, which meeting shall be 49
74+held at such place within such city and such hour as the mayor 50
75+designates, not later than thirty days after such petition has been 51 Substitute Bill No. 6102
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69-held at such place within such city and such hour as the mayor
70-designates, not later than thirty days after such petition has been
71-received by the mayor. Such meeting shall be called by publication of a
72-written notice of the same, signed by the mayor, at least fourteen days
73-before the time fixed for such meeting in two successive issues of a
74-newspaper published or circulated in such city. Not later than twenty-
75-four hours before such meeting, (A) two hundred or more voters or ten
76-per cent of the total number of voters of such proposed district,
77-whichever is less, may petition the mayor, in writing, for a referendum
78-of the voters of such proposed district, or (B) the mayor in his or her
79-discretion may order a referendum of the voters of such proposed
80-district, on the sole question of whether the proposed district should be
81-established. Any such referendum shall be held not less than seven or
82-more than fourteen days after the receipt of such petition or the date of
83-such order, on a day to be set by the mayor for a vote by paper ballots
84-or by a "yes" or "no" vote on the voting machines, during the hours
85-between twelve o'clock noon and eight o'clock p.m.; except that such
86-city may, by vote of its city council, provide for an earlier hour for
87-opening the polls but not earlier than six o'clock a.m., notwithstanding
88-the provisions of any special act. If voters representing at least two-
89-thirds of the assessments of holders of record within the proposed
90-district cast votes in such referendum in favor of establishing the
91-proposed district, the mayor shall reconvene such meeting not later than
92-seven days after the day on which the referendum is held. Upon
93-approval of the petition for the proposed district by voters representing
94-at least two-thirds of the assessments of holders of record within the
95-proposed district present at such meeting, or if a referendum is held,
96-upon the reconvening of such meeting after the referendum, the voters
97-may name the district and, upon the vote of voters representing a
98-majority of assessments of holders of record within the proposed
99-district, choose necessary officers therefor to hold office until the first
100-annual meeting thereof; and the district shall, upon the filing of the first
101-report filed in the manner provided in subsection (c) of section 7-325 of Substitute House Bill No. 6102
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105-the general statutes, thereupon be a body corporate and politic and have
106-the powers provided in sections 7-324 to 7-329, inclusive, of the general
107-statutes, not inconsistent with the general statutes or this section, in
108-relation to the objects for which it was established, that are necessary for
109-the accomplishment of such objects, including the power to lay and
110-collect taxes. The clerk of such district shall cause its name and a
111-description of its territorial limits and of any additions that may be made
112-thereto to be recorded in, and a caveat be placed upon, the land records
113-of the city of West Haven.
114-(2) At the meeting called for the purpose of establishing the district
115-as provided in subdivision (1) of this subsection, the voters may
116-establish the district for any or all of the following purposes: To
117-extinguish fires, to light streets, to plant and care for shade and
118-ornamental trees, to plan, lay out, acquire, construct, maintain and
119-finance roads, sidewalks, crosswalks, drains, sewer infrastructure,
120-parking facilities, open space, bulkhead repairs, environmental
121-remediation and other public and private infrastructure improvements,
122-including related site preparation and demolition costs, to acquire,
123-construct, maintain and regulate the use of recreational facilities, parks,
124-playgrounds and public artwork, to plan, lay out, acquire, construct,
125-reconstruct, repair, maintain, supervise and manage a flood or erosion
126-control system, to plan, lay out, acquire, construct, maintain, operate,
127-finance and regulate the use of a community water system, all as
128-referred to in this section as the "improvements". The district may
129-acquire, operate, maintain, repair and replace the improvements and
130-may contract with a town, city, borough or other district for carrying out
131-any of the purposes or the purchase or sale of any of the improvements
132-for which such district was established. Any transfer to the district of
133-real property and the improvements related to such real property shall
134-be deemed development for municipal purposes and shall be expressly
135-excluded from the purposes for which a subdivision, as defined in
136-section 8-18 of the general statutes, may be made. Substitute House Bill No. 6102
82+received by the mayor. Such meeting shall be called by publication of a 52
83+written notice of the same, signed by the mayor, at least fourteen days 53
84+before the time fixed for such meeting in two successive issues of a 54
85+newspaper published or circulated in such city. Not later than twenty-55
86+four hours before such meeting, (A) two hundred or more voters or ten 56
87+per cent of the total number of voters of such proposed district, 57
88+whichever is less, may petition the mayor, in writing, for a referendum 58
89+of the voters of such proposed district, or (B) the mayor in his or her 59
90+discretion may order a referendum of the voters of such proposed 60
91+district, on the sole question of whether the proposed district should be 61
92+established. Any such referendum shall be held not less than seven or 62
93+more than fourteen days after the receipt of such petition or the date of 63
94+such order, on a day to be set by the mayor for a vote by paper ballots 64
95+or by a "yes" or "no" vote on the voting machines, during the hours 65
96+between twelve o'clock noon and eight o'clock p.m.; except that such 66
97+city may, by vote of its city council, provide for an earlier hour for 67
98+opening the polls but not earlier than six o'clock a.m., notwithstanding 68
99+the provisions of any special act. If voters representing at least two-69
100+thirds of the assessments of holders of record within the proposed 70
101+district cast votes in such referendum in favor of establishing the 71
102+proposed district, the mayor shall reconvene such meeting not later than 72
103+seven days after the day on which the referendum is held. Upon 73
104+approval of the petition for the proposed district by voters representing 74
105+at least two-thirds of the assessments of holders of record within the 75
106+proposed district present at such meeting, or if a referendum is held, 76
107+upon the reconvening of such meeting after the referendum, the voters 77
108+may name the district and, upon the vote of voters representing a 78
109+majority of assessments of holders of record within the proposed 79
110+district, choose necessary officers therefor to hold office until the first 80
111+annual meeting thereof; and the district shall, upon the filing of the first 81
112+report filed in the manner provided in subsection (c) of section 7-325 of 82
113+the general statutes, thereupon be a body corporate and politic and have 83
114+the powers provided in sections 7-324 to 7-329, inclusive, of the general 84
115+statutes, not inconsistent with the general statutes or this section, in 85
116+relation to the objects for which it was established, that are necessary for 86 Substitute Bill No. 6102
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140-(3) At the meeting called for the purpose of establishing the district
141-as provided in subdivision (1) of this subsection, the voters shall fix the
142-date of the annual meeting of the voters for the election of district
143-officers and the transaction of such other business as may properly come
144-before such annual meeting. At such organizational meeting of the
145-district, the voters shall elect five directors and four officers as follows:
146-A president, a vice-president, a clerk and a treasurer; provided, upon its
147-organization and at all times thereafter, one director may be appointed
148-by the mayor of the city of West Haven. The directors not appointed by
149-the mayor shall be elected to serve for terms of one, two, three and four
150-years, respectively, and thereafter at the annual meeting such directors,
151-as each term ends, shall be elected to serve for a term of four years. Not
152-less than three members of the board of directors shall be residents of
153-the state of Connecticut. Subject to the provisions of subdivision (4) of
154-this subsection, not fewer than fifteen voters of the district shall
155-constitute a quorum for the transaction of business at such
156-organizational meeting of the district; and if fifteen voters are not
157-present at such meeting, the mayor may adjourn such meeting from
158-time to time, until at least fifteen voters are present. Special meetings of
159-the district may be called on the application of ten per cent of the total
160-number of voters of such district or twenty of the voters of such district,
161-whichever is less, or by the president or any three directors upon giving
162-notice as provided in this section. Any special meeting called on the
163-application of the voters shall be held not later than twenty-one days
164-after receiving such application. Notice of the holding of the annual
165-meeting and all special meetings shall be given by publication of a notice
166-of such meetings in a newspaper having a general circulation in such
167-district at least ten days before the day of such meetings, signed by the
168-president or any three directors, which notice shall designate the time
169-and place of such meetings and the business to be transacted at such
170-meetings. Two hundred or more persons or ten per cent of the total
171-number of voters of such district, whichever is less, may petition the
172-clerk of such district, in writing, at least twenty-four hours prior to any Substitute House Bill No. 6102
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123+the accomplishment of such objects, including the power to lay and 87
124+collect taxes. The clerk of such district shall cause its name and a 88
125+description of its territorial limits and of any additions that may be made 89
126+thereto to be recorded in, and a caveat be placed upon, the land records 90
127+of the city of West Haven. 91
128+(2) At the meeting called for the purpose of establishing the district 92
129+as provided in subdivision (1) of this subsection, the voters may 93
130+establish the district for any or all of the following purposes: To 94
131+extinguish fires, to light streets, to plant and care for shade and 95
132+ornamental trees, to plan, lay out, acquire, construct, maintain and 96
133+finance roads, sidewalks, crosswalks, drains, sewer infrastructure, 97
134+parking facilities, open space, bulkhead repairs, environmental 98
135+remediation and other public and private infrastructure improvements, 99
136+including related site preparation and demolition costs, to acquire, 100
137+construct, maintain and regulate the use of recreational facilities, parks, 101
138+playgrounds and public artwork, to plan, lay out, acquire, construct, 102
139+reconstruct, repair, maintain, supervise and manage a flood or erosion 103
140+control system, to plan, lay out, acquire, construct, maintain, operate, 104
141+finance and regulate the use of a community water system, all as 105
142+referred to in this section as the "improvements". The district may 106
143+acquire, operate, maintain, repair and replace the improvements and 107
144+may contract with a town, city, borough or other district for carrying out 108
145+any of the purposes or the purchase or sale of any of the improvements 109
146+for which such district was established. Any transfer to the district of 110
147+real property and the improvements related to such real property shall 111
148+be deemed development for municipal purposes and shall be expressly 112
149+excluded from the purposes for which a subdivision, as defined in 113
150+section 8-18 of the general statutes, may be made. 114
151+(3) At the meeting called for the purpose of establishing the district 115
152+as provided in subdivision (1) of this subsection, the voters shall fix the 116
153+date of the annual meeting of the voters for the election of district 117
154+officers and the transaction of such other business as may properly come 118
155+before such annual meeting. At such organizational meeting of the 119 Substitute Bill No. 6102
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176-such meeting, requesting that any item or items on the call of such
177-meeting be submitted to the voters not less than seven or more than
178-fourteen days thereafter, on a day to be set by the district meeting or, if
179-the district meeting does not set a date, by the board of directors, or a
180-vote by paper ballots or by a "yes" or "no" vote on the voting machines,
181-during the hours between twelve o'clock noon and eight o'clock p.m.,
182-except that any district may, by vote of its board of directors, provide
183-for an earlier hour for opening the polls but not earlier than six o'clock
184-a.m. The paper ballots or voting machine ballot labels, as the case may
185-be, shall be provided by the clerk. When such a petition has been filed
186-with the clerk, the president, after completion of other business and after
187-reasonable discussion, shall adjourn such meeting and order such vote
188-on such item or items in accordance with the petition; and any item so
189-voted may be rescinded in the same manner. The clerk shall phrase such
190-item or items in a form suitable for printing on such paper ballots or
191-ballot labels. Subject to the provisions of subdivision (4) of this
192-subsection, not fewer than fifteen voters of the district shall constitute a
193-quorum for the transaction of business at any meeting of the district;
194-and if fifteen voters are not present at such meeting, the president of the
195-district or, in such president's absence, the vice-president, may adjourn
196-such meeting from time to time, until at least fifteen voters are present;
197-and all meetings of the district where a quorum is present may be
198-adjourned from time to time by a vote of a majority of the voters voting
199-on the question. At any annual or special meeting, the voters may, by a
200-majority vote of those present, discontinue any purposes for which the
201-district is established or undertake any additional purpose or purposes
202-enumerated in subdivision (2) of this subsection.
203-(4) (A) A quorum for the transaction of business at the meeting called
204-for the purpose of establishing the district, as provided in subdivision
205-(1) of this subsection, shall be either fifteen voters of such district or a
206-majority of the holders of record of interests in real property within such
207-district, as long as the assessments of such holders of record constitute Substitute House Bill No. 6102
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211-more than one-half of the total of assessments for all interests in real
212-property within such district. If fifteen voters or a majority of the holders
213-of record of interests in real property within such district are not present
214-at such meeting or the assessments of such holders of record constitute
215-less than one-half of the total of assessments for all interests in real
216-property within such district, the mayor may adjourn such meeting,
217-from time to time, until at least fifteen voters or a majority of the holders
218-of record of interests in real property within such district are present
219-and the assessments of such holders of record constitute more than one-
220-half of the total of assessments for all interests in real property within
221-such district.
222-(B) For the transaction of business at any meeting of the district other
223-than a meeting described in subparagraph (A) of this subdivision, a
224-quorum shall be either fifteen voters of the district or a majority of the
225-holders of record of interests in real property within such district, as
226-long as the assessments for such holders of record constitute more than
227-one-half of the total of assessments for all interests in real property
228-within such district. At any meeting of the district other than a meeting
229-described in subparagraph (A) of this subdivision, each holder of record
230-of an interest in real property shall be entitled to cast one vote for each
231-interest in real property that it owns within the district, except as
232-provided in subparagraph (B) of subdivision (1) of subsection (d) of this
233-section. All actions, resolutions and proceedings at such meeting at
234-which a quorum is present shall require a majority vote, each, of (i) the
235-voters of the district present and voting, and (ii) the holders of record of
236-interests in real property within the district representing at least one-
237-half of the assessments of all holders of record of interests in real
238-property within the district, present and voting; provided, the
239-provisions of this sentence may be amended at an annual or special
240-meeting of the district at which a quorum is present only upon a
241-majority vote, each, of (I) all of the voters of the district, and (II) all of
242-the holders of record of interests in real property within the district Substitute House Bill No. 6102
162+district, the voters shall elect five directors and four officers as follows: 120
163+A president, a vice-president, a clerk and a treasurer; provided, upon its 121
164+organization and at all times thereafter, one director may be appointed 122
165+by the mayor of the city of West Haven. The directors not appointed by 123
166+the mayor shall be elected to serve for terms of one, two, three and four 124
167+years, respectively, and thereafter at the annual meeting such directors, 125
168+as each term ends, shall be elected to serve for a term of four years. Not 126
169+less than three members of the board of directors shall be residents of 127
170+the state of Connecticut. Subject to the provisions of subdivision (4) of 128
171+this subsection, not fewer than fifteen voters of the district shall 129
172+constitute a quorum for the transaction of business at such 130
173+organizational meeting of the district; and if fifteen voters are not 131
174+present at such meeting, the mayor may adjourn such meeting from 132
175+time to time, until at least fifteen voters are present. Special meetings of 133
176+the district may be called on the application of ten per cent of the total 134
177+number of voters of such district or twenty of the voters of such district, 135
178+whichever is less, or by the president or any three directors upon giving 136
179+notice as provided in this section. Any special meeting called on the 137
180+application of the voters shall be held not later than twenty-one days 138
181+after receiving such application. Notice of the holding of the annual 139
182+meeting and all special meetings shall be given by publication of a notice 140
183+of such meetings in a newspaper having a general circulation in such 141
184+district at least ten days before the day of such meetings, signed by the 142
185+president or any three directors, which notice shall designate the time 143
186+and place of such meetings and the business to be transacted at such 144
187+meetings. Two hundred or more persons or ten per cent of the total 145
188+number of voters of such district, whichever is less, may petition the 146
189+clerk of such district, in writing, at least twenty-four hours prior to any 147
190+such meeting, requesting that any item or items on the call of such 148
191+meeting be submitted to the voters not less than seven or more than 149
192+fourteen days thereafter, on a day to be set by the district meeting or, if 150
193+the district meeting does not set a date, by the board of directors, or a 151
194+vote by paper ballots or by a "yes" or "no" vote on the voting machines, 152
195+during the hours between twelve o'clock noon and eight o'clock p.m., 153
196+except that any district may, by vote of its board of directors, provide 154 Substitute Bill No. 6102
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246-representing at least two-thirds of the assessments of all holders of
247-record of interests in real property within the district. For the purpose
248-of determining a holder of record of an interest in real property within
249-the district as used in this subdivision, such term shall mean an owner
250-of a fee simple interest in such real property. If fifteen voters or a
251-majority of the holders of record of interests in real property within such
252-district are not present at such meeting or the assessments of such
253-holders of record constitute less than one-half of the total assessments
254-for all interests in real property within such district, the president of the
255-district, or in such president's absence, the vice-president, may adjourn
256-such meeting, from time to time, until at least fifteen voters or a majority
257-of the holders of record of interests in real property within such district
258-are present and the assessments of such holders of record constitute
259-more than one-half of the total of assessments for all interests in real
260-property within such district.
261-(5) In any case in which an action for a vote by the voters of the district
262-is to be initiated by the petition of such voters, in addition to such other
263-requirements as the general statutes or any special act may impose, such
264-petition shall be on a form prescribed or approved by the clerk of such
265-district, and each page of such petition shall contain a statement, signed
266-under penalty of false statement, by the person who circulated such
267-page, setting forth such circulator's name and address, and stating that
268-each person whose name appears on such page signed such page in
269-person in the presence of such circulator, that the circulator either knows
270-each such signer or that the signer satisfactorily identified himself to the
271-circulator and that all the signatures on such page were obtained not
272-earlier than six months prior to the filing of such petition. Any page of
273-a petition that does not contain such a statement by the circulator shall
274-be invalid. Any circulator who makes a false statement in the statement
275-required to be contained on each page of such petition shall be subject
276-to the penalty provided for false statement. No petition shall be valid
277-for any action for a vote by the voters at any regular or special district Substitute House Bill No. 6102
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279-Special Act No. 21-38 9 of 19
203+for an earlier hour for opening the polls but not earlier than six o'clock 155
204+a.m. The paper ballots or voting machine ballot labels, as the case may 156
205+be, shall be provided by the clerk. When such a petition has been filed 157
206+with the clerk, the president, after completion of other business and after 158
207+reasonable discussion, shall adjourn such meeting and order such vote 159
208+on such item or items in accordance with the petition; and any item so 160
209+voted may be rescinded in the same manner. The clerk shall phrase such 161
210+item or items in a form suitable for printing on such paper ballots or 162
211+ballot labels. Subject to the provisions of subdivision (4) of this 163
212+subsection, not fewer than fifteen voters of the district shall constitute a 164
213+quorum for the transaction of business at any meeting of the district; 165
214+and if fifteen voters are not present at such meeting, the president of the 166
215+district or, in such president's absence, the vice-president, may adjourn 167
216+such meeting from time to time, until at least fifteen voters are present; 168
217+and all meetings of the district where a quorum is present may be 169
218+adjourned from time to time by a vote of a majority of the voters voting 170
219+on the question. At any annual or special meeting, the voters may, by a 171
220+majority vote of those present, discontinue any purposes for which the 172
221+district is established or undertake any additional purpose or purposes 173
222+enumerated in subdivision (2) of this subsection. 174
223+(4) (A) A quorum for the transaction of business at the meeting called 175
224+for the purpose of establishing the district, as provided in subdivision 176
225+(1) of this subsection, shall be either fifteen voters of such district or a 177
226+majority of the holders of record of interests in real property within such 178
227+district, as long as the assessments of such holders of record constitute 179
228+more than one-half of the total of assessments for all interests in real 180
229+property within such district. If fifteen voters or a majority of the holders 181
230+of record of interests in real property within such district are not present 182
231+at such meeting or the assessments of such holders of record constitute 183
232+less than one-half of the total of assessments for all interests in real 184
233+property within such district, the mayor may adjourn such meeting, 185
234+from time to time, until at least fifteen voters or a majority of the holders 186
235+of record of interests in real property within such district are present 187
236+and the assessments of such holders of record constitute more than one-188 Substitute Bill No. 6102
280237
281-meeting unless such petition was circulated by a voter eligible to vote in
282-such district.
283-(c) Whenever the officers of such district vote to terminate its
284-corporate existence and whenever a petition signed by ten per cent of
285-the total voters of such district or twenty of the voters of such district,
286-whichever is less, applying for a special meeting to vote on the
287-termination of the district is received by the clerk, the clerk shall call a
288-special meeting of the voters of such district, the notice of which shall
289-be signed by the officers thereof, by advertising such notice in the same
290-manner as provided in section 7-325 of the general statutes. Not later
291-than twenty-four hours before any such meeting, two hundred or more
292-voters or ten per cent of the total number of voters, whichever is less,
293-may petition the clerk of the district, in writing, that a referendum on
294-the question of whether the district should be terminated be held in the
295-manner provided in section 7-327 of the general statutes. If, at such
296-meeting, a two-thirds majority of the voters present vote to terminate
297-the corporate existence of the district, or, if a referendum is held, two-
298-thirds of the voters casting votes in such referendum vote to terminate
299-the corporate existence of the district, the officers shall proceed to
300-terminate the affairs of such district. The district shall pay all
301-outstanding indebtedness and turn over the balance of the assets of such
302-district to the city in which the district is located, if the legislative body
303-of the city authorizes such action. No district shall be terminated under
304-this section until all of its outstanding indebtedness is paid unless the
305-legislative body of the city in which the district is located agrees in
306-writing to assume such indebtedness. On completion of the duties of the
307-officers of such district, the clerk shall cause a certificate of the vote of
308-such meeting to be recorded in the land records of the city in which the
309-district is located and the clerk shall notify the Secretary of the Office of
310-Policy and Management.
311-(d) (1) (A) Except as provided in subparagraph (B) of this subdivision, Substitute House Bill No. 6102
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315-for the purposes of voting at meetings held by such district, any tenant
316-in common of any interest in real property shall have a vote equal to the
317-fraction of such tenant in common's ownership of such interest. Any
318-joint tenant of any interest in real property shall vote as if each such
319-tenant owned an equal fractional share of such real property. A
320-corporation shall have its vote cast by the chief executive officer of such
321-corporation, or such officer's designee. Any entity that is not a
322-corporation shall have its vote cast by a person authorized by such entity
323-to cast its vote.
324-(B) The district shall not have a vote for any interest in real property
325-within the district owned by such district.
326-(2) No holder of record of an interest in real property within the
327-district shall be precluded from participating in any district meeting or
328-referendum because of the form of entity that holds such interest,
329-whether such holder of record is (A) a corporation, partnership,
330-unincorporated association, trustee, fiduciary, guardian, conservator or
331-other form of entity, or any combination thereof, or (B) an individual
332-who holds interests jointly or in common with another individual or
333-individuals, or with any one or more of the entities listed in
334-subparagraph (A) of this subdivision.
335-(e) Notwithstanding any provision of the general statutes, the district
336-shall have the power to assess, levy and collect benefit assessments upon
337-the land and buildings in the district that, in the judgment of such
338-district, are benefited by the improvements.
339-(f) (1) Notwithstanding any provision of the general statutes, the
340-district shall have the power to fix, revise, charge, collect, abate and
341-forgive reasonable taxes, fees, rents and benefit assessments, and other
342-charges for the cost of the improvements, financing costs, operating
343-expenses and other services and commodities furnished or supplied to
344-the real property in the district in accordance with the applicable Substitute House Bill No. 6102
243+half of the total of assessments for all interests in real property within 189
244+such district. 190
245+(B) For the transaction of business at any meeting of the district other 191
246+than a meeting described in subparagraph (A) of this subdivision, a 192
247+quorum shall be either fifteen voters of the district or a majority of the 193
248+holders of record of interests in real property within such district, as 194
249+long as the assessments for such holders of record constitute more than 195
250+one-half of the total of assessments for all interests in real property 196
251+within such district. At any meeting of the district other than a meeting 197
252+described in subparagraph (A) of this subdivision, each holder of record 198
253+of an interest in real property shall be entitled to cast one vote for each 199
254+interest in real property that it owns within the district, except as 200
255+provided in subparagraph (B) of subdivision (1) of subsection (d) of this 201
256+section. All actions, resolutions and proceedings at such meeting at 202
257+which a quorum is present shall require a majority vote, each, of (i) the 203
258+voters of the district present and voting, and (ii) the holders of record of 204
259+interests in real property within the district representing at least one-205
260+half of the assessments of all holders of record of interests in real 206
261+property within the district, present and voting; provided, the 207
262+provisions of this sentence may be amended at an annual or special 208
263+meeting of the district at which a quorum is present only upon a 209
264+majority vote, each, of (I) all of the voters of the district, and (II) all of 210
265+the holders of record of interests in real property within the district 211
266+representing at least two-thirds of the assessments of all holders of 212
267+record of interests in real property within the district. For the purpose 213
268+of determining a holder of record of an interest in real property within 214
269+the district as used in this subdivision, such term shall mean an owner 215
270+of a fee simple interest in such real property. If fifteen voters or a 216
271+majority of the holders of record of interests in real property within such 217
272+district are not present at such meeting or the assessments of such 218
273+holders of record constitute less than one-half of the total assessments 219
274+for all interests in real property within such district, the president of the 220
275+district, or in such president's absence, the vice-president, may adjourn 221
276+such meeting, from time to time, until at least fifteen voters or a majority 222 Substitute Bill No. 6102
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346-Special Act No. 21-38 11 of 19
347278
348-provisions of the general statutes that apply to districts established
349-under section 7-325 of the general statutes, and this section and in the
350-manner prescribed by the district. Notwithstanding any provision of the
351-general statutes, the district may pay the entire cost of any
352-improvements, including the costs of financing such improvements,
353-capitalized interest and the funding of any reserve funds necessary to
354-secure such financing or the debt service of bonds or notes issued to
355-finance such costs, from taxes, fees, rents, benefit assessments or other
356-revenues and may assess, levy and collect said taxes, fees, rents or
357-benefit assessments concurrently with the issuance of bonds, notes or
358-other obligations to finance such improvements based on the estimated
359-cost of the improvements prior to the acquisition or construction of the
360-improvements or upon the completion or acquisition of the
361-improvements.
362-(2) Notwithstanding any provision of the general statutes, whenever
363-the district constructs, improves, extends, equips, rehabilitates, repairs,
364-acquires or provides a grant for any improvements or finances the cost
365-of such improvements, such proportion of the cost or estimated cost of
366-the improvements and financing thereof as determined by the district,
367-may be assessed by the district, referred to in this section as "benefit
368-assessments", in the manner prescribed by such district, upon the
369-property benefited by such improvements and the balance of such costs
370-shall be paid from the general funds of the district. The district may
371-provide for the payment of such benefit assessments in annual
372-installments, not exceeding twenty, and may forgive such benefit
373-assessments in any single year without causing the remainder of
374-installments of benefit assessments to be forgiven. Benefit assessments
375-to buildings or structures constructed or expanded after the initial
376-benefit assessment may be assessed as if the new or expanded buildings
377-or structures had existed at the time of the original benefit assessment.
378-For the purposes of this section, the provision of open space, whether
379-within the district or in the city of West Haven, shall be deemed a benefit Substitute House Bill No. 6102
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381-Special Act No. 21-38 12 of 19
283+of the holders of record of interests in real property within such district 223
284+are present and the assessments of such holders of record constitute 224
285+more than one-half of the total of assessments for all interests in real 225
286+property within such district. 226
287+(5) In any case in which an action for a vote by the voters of the district 227
288+is to be initiated by the petition of such voters, in addition to such other 228
289+requirements as the general statutes or any special act may impose, such 229
290+petition shall be on a form prescribed or approved by the clerk of such 230
291+district, and each page of such petition shall contain a statement, signed 231
292+under penalty of false statement, by the person who circulated such 232
293+page, setting forth such circulator's name and address, and stating that 233
294+each person whose name appears on such page signed such page in 234
295+person in the presence of such circulator, that the circulator either knows 235
296+each such signer or that the signer satisfactorily identified himself to the 236
297+circulator and that all the signatures on such page were obtained not 237
298+earlier than six months prior to the filing of such petition. Any page of 238
299+a petition that does not contain such a statement by the circulator shall 239
300+be invalid. Any circulator who makes a false statement in the statement 240
301+required to be contained on each page of such petition shall be subject 241
302+to the penalty provided for false statement. No petition shall be valid 242
303+for any action for a vote by the voters at any regular or special district 243
304+meeting unless such petition was circulated by a voter eligible to vote in 244
305+such district. 245
306+(c) Whenever the officers of such district vote to terminate its 246
307+corporate existence and whenever a petition signed by ten per cent of 247
308+the total voters of such district or twenty of the voters of such district, 248
309+whichever is less, applying for a special meeting to vote on the 249
310+termination of the district is received by the clerk, the clerk shall call a 250
311+special meeting of the voters of such district, the notice of which shall 251
312+be signed by the officers thereof, by advertising such notice in the same 252
313+manner as provided in section 7-325 of the general statutes. Not later 253
314+than twenty-four hours before any such meeting, two hundred or more 254
315+voters or ten per cent of the total number of voters, whichever is less, 255 Substitute Bill No. 6102
382316
383-to all the property in the district.
384-(3) In order to provide for the collection and enforcement of its taxes,
385-fees, rents, benefit assessments and other charges, the district is hereby
386-granted all the powers and privileges with respect thereto as districts
387-organized pursuant to section 7-325 of the general statutes, and as held
388-by the city of West Haven or as otherwise provided in this section. Such
389-taxes, fees, rents or benefit assessments, if not paid when due, shall
390-constitute a lien upon the premises served and a charge against the
391-owners thereof, which lien and charge shall bear interest at the same
392-rate as delinquent property taxes. Each such lien may be continued,
393-recorded and released in the manner provided for property tax liens and
394-shall take precedence over all other liens or encumbrances, except that
395-any such lien of the district shall be subordinate to any lien for taxes,
396-blight, sewer user fees or any other amounts due and owing to the city
397-of West Haven or any political subdivision of said city and any fire
398-district operating within the limits of said city as a collector of such
399-taxes, user fees or amounts. Each such lien may be continued, recorded
400-and released in the manner provided for property tax liens.
401-(4) The budget, taxes, fees, rents, benefit assessments and any other
402-charges of the district of general application shall be adopted and
403-revised by the board at least annually no more than thirty days before
404-the beginning of the fiscal year in accordance with the procedures to be
405-established by the board at a meeting called by the board, assuring that
406-interested persons are afforded notice and an opportunity to be heard.
407-The board shall hold at least two public hearings on its schedule of fees,
408-rates, rents, benefit assessments and other charges or any revision
409-thereof before adoption, notice of which shall be delivered to the mayor
410-and city council of the city of West Haven and be published in at least
411-two newspapers of general circulation in the city of West Haven at least
412-ten days in advance of the hearing. Not later than the date of the
413-publication, the board shall make available to the public and deliver to Substitute House Bill No. 6102
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416321
417-the mayor and the city council of the city of West Haven the proposed
418-schedule of fees, rates, rents, benefit assessments and other charges. The
419-procedures regarding public hearing and appeal provided by section 7-
420-250 of the general statutes shall apply for all benefit assessments made
421-by the district except that the board shall be substituted for the water
422-pollution control authority. If the benefit assessments are assessed and
423-levied prior to the acquisition or construction of the improvements, the
424-amount of the benefit assessments shall be adjusted to reflect the actual
425-cost of the improvements, including all financing costs, once the
426-improvements have been completed, provided the actual cost is greater
427-than or less than the estimated costs. If the benefit assessments are
428-assessed and levied after the acquisition or construction of the
429-improvements, the amount of the benefit assessments shall reflect the
430-actual cost of the improvements, including all financing costs, and such
431-costs may be included in the bonds or budget of the district, as
432-determined by the board. Benefit assessments shall be due and payable
433-at such times as are fixed by the board, provided the district shall give
434-notice of such due date not less than thirty days prior to such due date
435-by publication in a newspaper of general circulation in the city of West
436-Haven and by mailing such notice to the owners of the property
437-assessed at their last-known address.
438-(g) (1) (A) Notwithstanding any provision of the general statutes,
439-whenever the district has authorized the acquisition or construction of
440-the improvements or has made an appropriation therefor, the district
441-may authorize the issuance of up to forty million dollars of bonds, notes
442-or other obligations to finance the cost of the improvements, the creation
443-and maintenance of reserves required to sell the bonds, notes or
444-obligations and the cost of issuance of the bonds, notes or obligations,
445-except that, until such time the district enters into an interlocal
446-agreement with the city of West Haven to share said city's revenue from
447-incremental increase in real property taxes on property within the
448-district, in accordance with the procedures provided by section 7-339c Substitute House Bill No. 6102
322+may petition the clerk of the district, in writing, that a referendum on 256
323+the question of whether the district should be terminated be held in the 257
324+manner provided in section 7-327 of the general statutes. If, at such 258
325+meeting, a two-thirds majority of the voters present vote to terminate 259
326+the corporate existence of the district, or, if a referendum is held, two-260
327+thirds of the voters casting votes in such referendum vote to terminate 261
328+the corporate existence of the district, the officers shall proceed to 262
329+terminate the affairs of such district. The district shall pay all 263
330+outstanding indebtedness and turn over the balance of the assets of such 264
331+district to the city in which the district is located, if the legislative body 265
332+of the city authorizes such action. No district shall be terminated under 266
333+this section until all of its outstanding indebtedness is paid unless the 267
334+legislative body of the city in which the district is located agrees in 268
335+writing to assume such indebtedness. On completion of the duties of the 269
336+officers of such district, the clerk shall cause a certificate of the vote of 270
337+such meeting to be recorded in the land records of the city in which the 271
338+district is located and the clerk shall notify the Secretary of the Office of 272
339+Policy and Management. 273
340+(d) (1) (A) Except as provided in subparagraph (B) of this subdivision, 274
341+for the purposes of voting at meetings held by such district, any tenant 275
342+in common of any interest in real property shall have a vote equal to the 276
343+fraction of such tenant in common's ownership of such interest. Any 277
344+joint tenant of any interest in real property shall vote as if each such 278
345+tenant owned an equal fractional share of such real property. A 279
346+corporation shall have its vote cast by the chief executive officer of such 280
347+corporation, or such officer's designee. Any entity that is not a 281
348+corporation shall have its vote cast by a person authorized by such entity 282
349+to cast its vote. 283
350+(B) The district shall not have a vote for any interest in real property 284
351+within the district owned by such district. 285
352+(2) No holder of record of an interest in real property within the 286
353+district shall be precluded from participating in any district meeting or 287
354+referendum because of the form of entity that holds such interest, 288 Substitute Bill No. 6102
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450-Special Act No. 21-38 14 of 19
451356
452-of the general statutes, including at least one public hearing on the
453-proposed agreement and ratification by the city council of said city, no
454-bonds secured by a pledge of revenues derived from the interlocal
455-agreement shall be issued. The bonds, notes or other obligations may be
456-secured as to both principal or interest by (i) the full faith and credit of
457-the district, (ii) fees, revenues or benefit assessments, or (iii) a
458-combination of subparagraphs (A)(i) and (A)(ii) of this subdivision.
459-Such bonds, notes or obligations shall be authorized by resolution of the
460-board.
461-(B) Not less than sixty days prior to the issuance of any bonds, the
462-district shall notify the mayor of the city of West Haven, the Secretary
463-of the Office of Policy and Management and the State Treasurer of the
464-district's intent to issue such bonds and shall include with such notice
465-(i) an analysis of the method by which the district proposes to fund such
466-bonds, including, but not limited to, providing for taxes, fees, rents,
467-revenue sources and assessments and other charges of the district; (ii)
468-an explanation of the district's investment strategic plan for such bonds;
469-(iii) a three-year district budget and financial plan, including the major
470-assumptions and plan of finance for such bonds; (iv) documentation of
471-the district's authorization of the issuance of such bonds, including, but
472-not limited to, a certified copy of the resolution authorizing the issuance
473-of such bonds, the vote on such resolution, the minutes of the meeting
474-at which such vote was taken and an opinion of nationally recognized
475-bond counsel as to the due authorization of the issuance of such bonds;
476-(v) documentation that the district has complied with the provisions of
477-this subsection and subsections (b) and (f) of this section; (vi) the
478-methodology used and assumptions that will be utilized to calculate the
479-necessary assessment for the defeasance of such bonds; (vii) a draft
480-official statement with respect to the issuance of such bonds; (viii) a copy
481-of the interlocal agreement between the district and the city of West
482-Haven; (ix) a copy of the district's audited financial information and
483-balance sheet and of the auditor's report and full findings; and (x) such Substitute House Bill No. 6102
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361+whether such holder of record is (A) a corporation, partnership, 289
362+unincorporated association, trustee, fiduciary, guardian, conservator or 290
363+other form of entity, or any combination thereof, or (B) an individual 291
364+who holds interests jointly or in common with another individual or 292
365+individuals, or with any one or more of the entities listed in 293
366+subparagraph (A) of this subdivision. 294
367+(e) Notwithstanding any provision of the general statutes, including 295
368+sections 7-324 to 7-329, inclusive, of the general statutes, the district shall 296
369+have the power to assess, levy and collect benefit assessments upon the 297
370+land and buildings in the district that, in the judgment of such district, 298
371+are benefited by the improvements. 299
372+(f) (1) Notwithstanding any provision of the general statutes, 300
373+including sections 7-324 to 7-329, inclusive, of the general statutes, the 301
374+district shall have the power to fix, revise, charge, collect, abate and 302
375+forgive reasonable taxes, fees, rents and benefit assessments, and other 303
376+charges for the cost of the improvements, financing costs, operating 304
377+expenses and other services and commodities furnished or supplied to 305
378+the real property in the district in accordance with the applicable 306
379+provisions of the general statutes that apply to districts established 307
380+under section 7-325 of the general statutes, and this section and in the 308
381+manner prescribed by the district. Notwithstanding any provision of the 309
382+general statutes, the district may pay the entire cost of any 310
383+improvements, including the costs of financing such improvements, 311
384+capitalized interest and the funding of any reserve funds necessary to 312
385+secure such financing or the debt service of bonds or notes issued to 313
386+finance such costs, from taxes, fees, rents, benefit assessments or other 314
387+revenues and may assess, levy and collect said taxes, fees, rents or 315
388+benefit assessments concurrently with the issuance of bonds, notes or 316
389+other obligations to finance such improvements based on the estimated 317
390+cost of the improvements prior to the acquisition or construction of the 318
391+improvements or upon the completion or acquisition of the 319
392+improvements. 320
393+(2) Notwithstanding any provision of the general statutes, whenever 321 Substitute Bill No. 6102
486394
487-other information and documentation as reasonably required and
488-requested by the mayor, the Secretary of the Office of Policy and
489-Management or the State Treasurer to carry out the provisions of this
490-section, provided (I) the mayor, the secretary or the State Treasurer
491-requests such other information and documentation not later than sixty
492-days after the district's provision of the notice described in this
493-subparagraph, and (II) such other information and documentation is
494-submitted not later than two days after such request. After the
495-conclusion of the sixty days set forth in this subparagraph, the district
496-shall issue bonds in accordance with the provisions of this section.
497-(C) The district is authorized to secure such bonds by the full faith
498-and credit of the district or by a pledge of or lien on all or part of its
499-revenues, fees or benefit assessments. The bonds of each issue shall be
500-dated, shall bear interest at the rates and shall mature at the time or
501-times not exceeding twenty years from their date or dates, as
502-determined by the board, and may be redeemable before maturity, at
503-the option of the board, at the price or prices and under the terms and
504-conditions fixed by the board before the issuance of the bonds. The
505-board shall determine the form of the bonds, and the manner of
506-execution of the bonds, and shall fix the denomination of the bonds and
507-the place or places of payment of principal and interest, which may be
508-at any bank or trust company within the state of Connecticut and other
509-locations as designated by the board. In case any officer of the district
510-whose signature or a facsimile of whose signature shall appear on any
511-bonds or coupons shall cease to be such an officer before the delivery of
512-the bonds, the signature or facsimile shall nevertheless be valid and
513-sufficient for all purposes the same as if such officer had remained in
514-office until the delivery.
515-(2) While any bonds or notes issued by the district remain
516-outstanding, the powers, duties or existence of the district shall not be
517-diminished or impaired in any way that will affect adversely the Substitute House Bill No. 6102
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520399
521-interests and rights of the holders of the bonds or notes. Bonds or notes
522-issued under this section, unless otherwise authorized by law, shall not
523-be considered to constitute a debt of the state of Connecticut or the city
524-of West Haven, or a pledge of the full faith and credit of the state of
525-Connecticut or the city of West Haven, but the bonds or notes shall be
526-payable solely by the district or as special obligations payable from
527-particular district revenues. Any bonds or notes issued by the district
528-shall contain on their face a statement to the effect that neither the state
529-of Connecticut nor the city of West Haven shall be obliged to pay the
530-principal of or the interest thereon, and that neither the full faith and
531-credit or taxing power of the state of Connecticut or the city of West
532-Haven is pledged to the payment of the bonds or notes. All bonds or
533-notes issued under this section shall have and are hereby declared to
534-have all the qualities and incidents of negotiable instruments, as
535-provided in title 42a of the general statutes.
536-(h) (1) The board may authorize that the bonds be secured by a trust
537-agreement by and between the district and a corporate trustee, which
538-may be any trust company or bank having the powers of a trust
539-company within the state of Connecticut. The trust agreement may
540-pledge or assign the revenues. Either the resolution providing for the
541-issuance of bonds or the trust agreement may contain covenants or
542-provisions for protecting and enforcing the rights and remedies of the
543-bondholders as may be necessary, reasonable or appropriate and not in
544-violation of law.
545-(2) All expenses incurred in carrying out the trust agreement may be
546-treated as a part of the cost of the operation of the district. The pledge
547-by any trust agreement or resolution shall be valid and binding from
548-time to time when the pledge is made; the revenues or other moneys so
549-pledged and then held or thereafter received by the board shall
550-immediately be subject to the lien of the pledge without any physical
551-delivery thereof or further act; and the lien of the pledge shall be valid Substitute House Bill No. 6102
400+the district constructs, improves, extends, equips, rehabilitates, repairs, 322
401+acquires or provides a grant for any improvements or finances the cost 323
402+of such improvements, such proportion of the cost or estimated cost of 324
403+the improvements and financing thereof as determined by the district, 325
404+may be assessed by the district, referred to in this section as "benefit 326
405+assessments", in the manner prescribed by such district, upon the 327
406+property benefited by such improvements and the balance of such costs 328
407+shall be paid from the general funds of the district. The district may 329
408+provide for the payment of such benefit assessments in annual 330
409+installments, not exceeding twenty, and may forgive such benefit 331
410+assessments in any single year without causing the remainder of 332
411+installments of benefit assessments to be forgiven. Benefit assessments 333
412+to buildings or structures constructed or expanded after the initial 334
413+benefit assessment may be assessed as if the new or expanded buildings 335
414+or structures had existed at the time of the original benefit assessment. 336
415+For the purposes of this section, the provision of open space, whether 337
416+within the district or in the city of West Haven, shall be deemed a benefit 338
417+to all the property in the district. 339
418+(3) In order to provide for the collection and enforcement of its taxes, 340
419+fees, rents, benefit assessments and other charges, the district is hereby 341
420+granted all the powers and privileges with respect thereto as districts 342
421+organized pursuant to section 7-325 of the general statutes, and as held 343
422+by the city of West Haven or as otherwise provided in this section. Such 344
423+taxes, fees, rents or benefit assessments, if not paid when due, shall 345
424+constitute a lien upon the premises served and a charge against the 346
425+owners thereof, which lien and charge shall bear interest at the same 347
426+rate as delinquent property taxes. Each such lien may be continued, 348
427+recorded and released in the manner provided for property tax liens and 349
428+shall take precedence over all other liens or encumbrances, except that 350
429+any such lien of the district shall be subordinate to any lien for taxes, 351
430+blight, sewer user fees or any other amounts due and owing to the city 352
431+of West Haven or any political subdivision of said city as a collector of 353
432+such taxes, user fees or amounts. Each such lien may be continued, 354
433+recorded and released in the manner provided for property tax liens. 355 Substitute Bill No. 6102
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554435
555-and binding as against all parties having claims of any kind in tort,
556-contract or otherwise against the board, irrespective of whether the
557-parties have notice thereof. Notwithstanding any provision of the
558-Uniform Commercial Code, neither this subsection, the resolution or
559-any trust agreement by which a pledge is created need be filed or
560-recorded except in the records of the board, and no filing need be made
561-under title 42a of the general statutes.
562-(i) Bonds or notes issued under this section are hereby made
563-securities in which all public officers and public bodies of the state of
564-Connecticut and its political subdivisions, all insurance companies, trust
565-companies, banking associations, investment companies, executors,
566-administrators, trustees and other fiduciaries may properly and legally
567-invest funds, including capital in their control and belonging to them;
568-and such bonds shall be securities which may properly and legally be
569-deposited with and received by any state or municipal officer or any
570-agency or political subdivision of the state of Connecticut for any
571-purpose for which the deposit of bonds or notes of the state of
572-Connecticut is now or may hereafter be authorized by law.
573-(j) Bonds may be issued under this section without obtaining the
574-consent of the state of Connecticut or the city of West Haven, and
575-without any proceedings or the happening of any other conditions or
576-things other than those proceedings, conditions or things that are
577-specifically required thereof by this section, and the validity of and
578-security for any bonds issued by the district shall not be affected by the
579-existence or nonexistence of the consent or other proceedings,
580-conditions or things.
581-(k) The district and all its receipts, revenues, income and real and
582-personal property, except when such property is used for commercial
583-purposes, shall be exempt from taxation and benefit assessments and
584-the district shall not be required to pay any tax, excise or assessment to
585-or from the state of Connecticut or any of its political subdivisions. The Substitute House Bill No. 6102
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587-Special Act No. 21-38 18 of 19
440+(4) The budget, taxes, fees, rents, benefit assessments and any other 356
441+charges of the district of general application shall be adopted and 357
442+revised by the board at least annually no more than thirty days before 358
443+the beginning of the fiscal year in accordance with the procedures to be 359
444+established by the board at a meeting called by the board, assuring that 360
445+interested persons are afforded notice and an opportunity to be heard. 361
446+The board shall hold at least two public hearings on its schedule of fees, 362
447+rates, rents, benefit assessments and other charges or any revision 363
448+thereof before adoption, notice of which shall be delivered to the mayor 364
449+and city council of the city of West Haven and be published in at least 365
450+two newspapers of general circulation in the city of West Haven at least 366
451+ten days in advance of the hearing. Not later than the date of the 367
452+publication, the board shall make available to the public and deliver to 368
453+the mayor and the city council of the city of West Haven the proposed 369
454+schedule of fees, rates, rents, benefit assessments and other charges. The 370
455+procedures regarding public hearing and appeal provided by section 7-371
456+250 of the general statutes shall apply for all benefit assessments made 372
457+by the district except that the board shall be substituted for the water 373
458+pollution control authority. If the benefit assessments are assessed and 374
459+levied prior to the acquisition or construction of the improvements, the 375
460+amount of the benefit assessments shall be adjusted to reflect the actual 376
461+cost of the improvements, including all financing costs, once the 377
462+improvements have been completed, provided the actual cost is greater 378
463+than or less than the estimated costs. If the benefit assessments are 379
464+assessed and levied after the acquisition or construction of the 380
465+improvements, the amount of the benefit assessments shall reflect the 381
466+actual cost of the improvements, including all financing costs, and such 382
467+costs may be included in the bonds or budget of the district, as 383
468+determined by the board. Benefit assessments shall be due and payable 384
469+at such times as are fixed by the board, provided the district shall give 385
470+notice of such due date not less than thirty days prior to such due date 386
471+by publication in a newspaper of general circulation in the city of West 387
472+Haven and by mailing such notice to the owners of the property 388
473+assessed at their last-known address. 389 Substitute Bill No. 6102
588474
589-principal and interest on bonds or notes issued by the district shall be
590-free from taxation at all times, except for estate and gift, franchise and
591-excise taxes, imposed by the state of Connecticut or any political
592-subdivision thereof, provided nothing in this section shall act to limit or
593-restrict the ability of the state of Connecticut or the city of West Haven
594-to (1) tax the individuals and companies, or their real or personal
595-property, or any person living or business operating within the
596-boundaries of the district, or (2) enforce any lien, fee, ordinance or future
597-lien, fee or ordinance.
598-(l) The board shall at all times keep accounts of its receipts,
599-expenditures, disbursements, assets and liabilities, which shall be open
600-to inspection by a duly appointed officer or duly appointed agent of the
601-state of Connecticut or the city of West Haven. The fiscal year of the
602-district shall begin on July first and end on the following June thirtieth
603-or as otherwise established by section 7-327 of the general statutes. The
604-district shall be subject to an audit of its accounts in the manner
605-provided in the general statutes.
606-(m) (1) The clerk of the district shall submit project activity reports
607-quarterly to the Secretary of the Office of Policy and Management and
608-to the chairpersons of the joint standing committee of the General
609-Assembly having cognizance of matters relating to finance, revenue and
610-bonding. Such reports shall provide information and updates on the
611-projects undertaken by the district, including the status of the design,
612-financing, construction, sales of commercial and residential property
613-and such other items as the secretary or chairpersons may request.
614-(2) The district shall take affirmative steps to provide for the full
615-disclosure of information relating to the public financing and
616-maintenance of improvements to real property undertaken by the
617-district. Such information shall be provided to any existing residents
618-and to all prospective residents of the district. The district shall furnish
619-each developer of a residential development within the district with Substitute House Bill No. 6102
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623-sufficient copies of such information and provide each prospective
624-initial purchaser of property in such district with a copy, and any
625-developer of a residential development within the district, when
626-required by law to provide a public offering statement, shall include a
627-copy of such information relating to the public financing and
628-maintenance of improvements in the public offering statement.
629-(n) (1) This section shall be deemed to provide an additional,
630-alternative and complete method of accomplishing the purposes of this
631-section and exercising the powers authorized hereby and shall be
632-deemed and construed to be supplemental and additional to, and not in
633-derogation of, powers conferred upon the district by law and
634-particularly by sections 7-324 to 7-329, inclusive, of the general statutes;
635-provided insofar as the proceedings of this section are inconsistent with
636-any general statute or special act, or any resolution or ordinance of the
637-city of West Haven, this section shall be controlling.
638-(2) Except as specifically provided in this section, all other statutes,
639-ordinances, resolutions, rules and regulations of the state of Connecticut
640-and the city of West Haven shall be applicable to the property, residents
641-and businesses located in the district. Nothing in this section shall in any
642-way obligate the city of West Haven to pay any costs for the acquisition,
643-construction, equipping or operation and administration of the
644-improvements located within the district or to pledge any money or
645-taxes to pay debt service on bonds or notes issued by the district except
646-as may be agreed to in any interlocal agreements executed by the city of
647-West Haven and the district.
648-(o) This section being necessary for the welfare of the city of West
649-Haven and its inhabitants shall be liberally construed to affect the
650-purposes hereof.
480+(g) (1) Notwithstanding any provision of the general statutes, 390
481+including sections 7-324 to 7-329, inclusive, of the general statutes, 391
482+whenever the district has authorized the acquisition or construction of 392
483+the improvements or has made an appropriation therefor, the district 393
484+may authorize the issuance of up to forty million dollars of bonds, notes 394
485+or other obligations to finance the cost of the improvements, the creation 395
486+and maintenance of reserves required to sell the bonds, notes or 396
487+obligations and the cost of issuance of the bonds, notes or obligations, 397
488+except that, until such time the district enters into an interlocal 398
489+agreement with the city of West Haven to share said city's revenue from 399
490+incremental increase in real property taxes on property within the 400
491+district, in accordance with the procedures provided by section 7-339c 401
492+of the general statutes, including at least one public hearing on the 402
493+proposed agreement and ratification by the city council of said city, no 403
494+bonds secured by a pledge of revenues derived from the interlocal 404
495+agreement shall be issued. The bonds, notes or other obligations may be 405
496+secured as to both principal or interest by (A) the full faith and credit of 406
497+the district, (B) fees, revenues or benefit assessments, or (C) a 407
498+combination of subparagraphs (A) and (B) of this subdivision. Such 408
499+bonds, notes or obligations shall be authorized by resolution of the 409
500+board. The district is authorized to secure such bonds by the full faith 410
501+and credit of the district or by a pledge of or lien on all or part of its 411
502+revenues, fees or benefit assessments. The bonds of each issue shall be 412
503+dated, shall bear interest at the rates and shall mature at the time or 413
504+times not exceeding twenty years from their date or dates, as 414
505+determined by the board, and may be redeemable before maturity, at 415
506+the option of the board, at the price or prices and under the terms and 416
507+conditions fixed by the board before the issuance of the bonds. The 417
508+board shall determine the form of the bonds, and the manner of 418
509+execution of the bonds, and shall fix the denomination of the bonds and 419
510+the place or places of payment of principal and interest, which may be 420
511+at any bank or trust company within the state of Connecticut and other 421
512+locations as designated by the board. In case any officer whose signature 422
513+or a facsimile of whose signature shall appear on any bonds or coupons 423
514+shall cease to be an officer before the delivery of the bonds, the signature 424 Substitute Bill No. 6102
515+
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520+
521+or facsimile shall nevertheless be valid and sufficient for all purposes 425
522+the same as if the officer had remained in office until the delivery. 426
523+(2) While any bonds or notes issued by the district remain 427
524+outstanding, the powers, duties or existence of the district shall not be 428
525+diminished or impaired in any way that will affect adversely the 429
526+interests and rights of the holders of the bonds or notes. Bonds or notes 430
527+issued under this section, unless otherwise authorized by law, shall not 431
528+be considered to constitute a debt of the state of Connecticut or the city 432
529+of West Haven, or a pledge of the full faith and credit of the state of 433
530+Connecticut or the city of West Haven, but the bonds or notes shall be 434
531+payable solely by the district or as special obligations payable from 435
532+particular district revenues. Any bonds or notes issued by the district 436
533+shall contain on their face a statement to the effect that neither the state 437
534+of Connecticut nor the city of West Haven shall be obliged to pay the 438
535+principal of or the interest thereon, and that neither the full faith and 439
536+credit or taxing power of the state of Connecticut or the city of West 440
537+Haven is pledged to the payment of the bonds or notes. All bonds or 441
538+notes issued under this section shall have and are hereby declared to 442
539+have all the qualities and incidents of negotiable instruments, as 443
540+provided in title 42a of the general statutes. 444
541+(h) (1) The board may authorize that the bonds be secured by a trust 445
542+agreement by and between the district and a corporate trustee, which 446
543+may be any trust company or bank having the powers of a trust 447
544+company within the state of Connecticut. The trust agreement may 448
545+pledge or assign the revenues. Either the resolution providing for the 449
546+issuance of bonds or the trust agreement may contain covenants or 450
547+provisions for protecting and enforcing the rights and remedies of the 451
548+bondholders as may be necessary, reasonable or appropriate and not in 452
549+violation of law. 453
550+(2) All expenses incurred in carrying out the trust agreement may be 454
551+treated as a part of the cost of the operation of the district. The pledge 455
552+by any trust agreement or resolution shall be valid and binding from 456
553+time to time when the pledge is made; the revenues or other moneys so 457 Substitute Bill No. 6102
554+
555+
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559+
560+pledged and then held or thereafter received by the board shall 458
561+immediately be subject to the lien of the pledge without any physical 459
562+delivery thereof or further act; and the lien of the pledge shall be valid 460
563+and binding as against all parties having claims of any kind in tort, 461
564+contract or otherwise against the board, irrespective of whether the 462
565+parties have notice thereof. Notwithstanding any provision of the 463
566+Uniform Commercial Code, neither this subsection, the resolution or 464
567+any trust agreement by which a pledge is created need be filed or 465
568+recorded except in the records of the board, and no filing need be made 466
569+under title 42a of the general statutes. 467
570+(i) Bonds or notes issued under this section are hereby made 468
571+securities in which all public officers and public bodies of the state of 469
572+Connecticut and its political subdivisions, all insurance companies, trust 470
573+companies, banking associations, investment companies, executors, 471
574+administrators, trustees and other fiduciaries may properly and legally 472
575+invest funds, including capital in their control and belonging to them; 473
576+and such bonds shall be securities which may properly and legally be 474
577+deposited with and received by any state or municipal officer or any 475
578+agency or political subdivision of the state of Connecticut for any 476
579+purpose for which the deposit of bonds or notes of the state of 477
580+Connecticut is now or may hereafter be authorized by law. 478
581+(j) Bonds may be issued under this section without obtaining the 479
582+consent of the state of Connecticut or the city of West Haven, and 480
583+without any proceedings or the happening of any other conditions or 481
584+things other than those proceedings, conditions or things that are 482
585+specifically required thereof by this section, and the validity of and 483
586+security for any bonds issued by the district shall not be affected by the 484
587+existence or nonexistence of the consent or other proceedings, 485
588+conditions or things. 486
589+(k) The district and all its receipts, revenues, income and real and 487
590+personal property, except when such property is used for commercial 488
591+purposes, shall be exempt from taxation and benefit assessments and 489
592+the district shall not be required to pay any tax, excise or assessment to 490 Substitute Bill No. 6102
593+
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597+16 of 17
598+
599+or from the state of Connecticut or any of its political subdivisions. The 491
600+principal and interest on bonds or notes issued by the district shall be 492
601+free from taxation at all times, except for estate and gift, franchise and 493
602+excise taxes, imposed by the state of Connecticut or any political 494
603+subdivision thereof, provided nothing in this section shall act to limit or 495
604+restrict the ability of the state of Connecticut or the city of West Haven 496
605+to (1) tax the individuals and companies, or their real or personal 497
606+property, or any person living or business operating within the 498
607+boundaries of the district, or (2) enforce any lien, fee, ordinance or future 499
608+lien, fee or ordinance. 500
609+(l) The board shall at all times keep accounts of its receipts, 501
610+expenditures, disbursements, assets and liabilities, which shall be open 502
611+to inspection by a duly appointed officer or duly appointed agent of the 503
612+state of Connecticut or the city of West Haven. The fiscal year of the 504
613+district shall begin on July first and end on the following June thirtieth 505
614+or as otherwise established by section 7-327 of the general statutes. The 506
615+district shall be subject to an audit of its accounts in the manner 507
616+provided in the general statutes. 508
617+(m) (1) The clerk of the district shall submit project activity reports 509
618+quarterly to the Secretary of the Office of Policy and Management and 510
619+to the chairpersons of the joint standing committee of the General 511
620+Assembly having cognizance of matters relating to finance, revenue and 512
621+bonding. Such reports shall provide information and updates on the 513
622+projects undertaken by the district, including the status of the design, 514
623+financing, construction, sales of commercial and residential property 515
624+and such other items as the secretary or chairpersons may request. 516
625+(2) The district shall take affirmative steps to provide for the full 517
626+disclosure of information relating to the public financing and 518
627+maintenance of improvements to real property undertaken by the 519
628+district. Such information shall be provided to any existing residents 520
629+and to all prospective residents of the district. The district shall furnish 521
630+each developer of a residential development within the district with 522
631+sufficient copies of such information and provide each prospective 523 Substitute Bill No. 6102
632+
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637+
638+initial purchaser of property in such district with a copy, and any 524
639+developer of a residential development within the district, when 525
640+required by law to provide a public offering statement, shall include a 526
641+copy of such information relating to the public financing and 527
642+maintenance of improvements in the public offering statement. 528
643+(n) (1) This section shall be deemed to provide an additional, 529
644+alternative and complete method of accomplishing the purposes of this 530
645+section and exercising the powers authorized hereby and shall be 531
646+deemed and construed to be supplemental and additional to, and not in 532
647+derogation of, powers conferred upon the district by law and 533
648+particularly by sections 7-324 to 7-329, inclusive, of the general statutes; 534
649+provided insofar as the proceedings of this section are inconsistent with 535
650+any general statute or special act, or any resolution or ordinance of the 536
651+city of West Haven, this section shall be controlling. 537
652+(2) Except as specifically provided in this section, all other statutes, 538
653+ordinances, resolutions, rules and regulations of the state of Connecticut 539
654+and the city of West Haven shall be applicable to the property, residents 540
655+and businesses located in the district. Nothing in this section shall in any 541
656+way obligate the city of West Haven to pay any costs for the acquisition, 542
657+construction, equipping or operation and administration of the 543
658+improvements located within the district or to pledge any money or 544
659+taxes to pay debt service on bonds or notes issued by the district except 545
660+as may be agreed to in any interlocal agreements executed by the city of 546
661+West Haven and the district. 547
662+(o) This section being necessary for the welfare of the city of West 548
663+Haven and its inhabitants shall be liberally construed to affect the 549
664+purposes hereof. 550
665+This act shall take effect as follows and shall amend the following
666+sections:
667+
668+Section 1 from passage New section
669+ Substitute Bill No. 6102
670+
671+
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675+
676+PD Joint Favorable Subst.
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