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4 | + | HB.docx | |
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7 | + | General Assembly Substitute Bill No. 6102 | |
8 | + | January Session, 2021 | |
1 | 9 | ||
2 | 10 | ||
3 | 11 | ||
4 | - | Substitute House Bill No. 6102 | |
5 | - | ||
6 | - | Special Act No. 21-38 | |
7 | 12 | ||
8 | 13 | ||
9 | 14 | AN ACT CONCERNING A SPECIAL TAXING DISTRICT WITHIN THE | |
10 | 15 | CITY OF WEST HAVEN. | |
11 | 16 | Be it enacted by the Senate and House of Representatives in General | |
12 | 17 | Assembly convened: | |
13 | 18 | ||
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 | |
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 | |
32 | 37 | ||
33 | - | Special Act No. 21-38 2 of 19 | |
34 | 38 | ||
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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66 | 42 | ||
67 | - | Special Act No. 21-38 3 of 19 | |
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 | |
68 | 76 | ||
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 | |
102 | 77 | ||
103 | - | Special Act No. 21-38 4 of 19 | |
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104 | 81 | ||
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 | |
137 | 117 | ||
138 | - | Special Act No. 21-38 5 of 19 | |
139 | 118 | ||
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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173 | 122 | ||
174 | - | Special Act No. 21-38 6 of 19 | |
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 | |
175 | 156 | ||
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 | |
208 | 157 | ||
209 | - | Special Act No. 21-38 7 of 19 | |
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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 | |
243 | 197 | ||
244 | - | Special Act No. 21-38 8 of 19 | |
245 | 198 | ||
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 | |
199 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06102- | |
200 | + | R01-HB.docx } | |
201 | + | 6 of 17 | |
278 | 202 | ||
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 | |
280 | 237 | ||
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 | |
312 | 238 | ||
313 | - | Special Act No. 21-38 10 of 19 | |
239 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06102- | |
240 | + | R01-HB.docx } | |
241 | + | 7 of 17 | |
314 | 242 | ||
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 | |
345 | 277 | ||
346 | - | Special Act No. 21-38 11 of 19 | |
347 | 278 | ||
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 | |
279 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06102- | |
280 | + | R01-HB.docx } | |
281 | + | 8 of 17 | |
380 | 282 | ||
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 | |
382 | 316 | ||
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 | |
414 | 317 | ||
415 | - | Special Act No. 21-38 13 of 19 | |
318 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06102- | |
319 | + | R01-HB.docx } | |
320 | + | 9 of 17 | |
416 | 321 | ||
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 | |
449 | 355 | ||
450 | - | Special Act No. 21-38 14 of 19 | |
451 | 356 | ||
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 | |
357 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06102- | |
358 | + | R01-HB.docx } | |
359 | + | 10 of 17 | |
484 | 360 | ||
485 | - | Special Act No. 21-38 15 of 19 | |
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 | |
486 | 394 | ||
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 | |
518 | 395 | ||
519 | - | Special Act No. 21-38 16 of 19 | |
396 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06102- | |
397 | + | R01-HB.docx } | |
398 | + | 11 of 17 | |
520 | 399 | ||
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 | |
552 | 434 | ||
553 | - | Special Act No. 21-38 17 of 19 | |
554 | 435 | ||
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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438 | + | 12 of 17 | |
586 | 439 | ||
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 | |
588 | 474 | ||
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 | |
620 | 475 | ||
621 | - | Special Act No. 21-38 19 of 19 | |
476 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06102- | |
477 | + | R01-HB.docx } | |
478 | + | 13 of 17 | |
622 | 479 | ||
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 | + | ||
516 | + | ||
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519 | + | 14 of 17 | |
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 | |
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555 | + | ||
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558 | + | 15 of 17 | |
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 | |
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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 | |
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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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674 | + | 18 of 18 | |
675 | + | ||
676 | + | PD Joint Favorable Subst. | |
651 | 677 |