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General Assembly Raised Bill No. 6640
January Session, 2021
LCO No. 5509
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING TH E CEDAR HILLS INFRASTRUCTURE
IMPROVEMENT DISTRICT .
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 1 of special act 15-16 is amended to read as follows 1
(Effective from passage): 2
(a) For purposes of this section: 3
(1) "District" means that certain real property, situated in the town of 4
North Haven, the county of New Haven and the state of Connecticut, 5
the Cedar Hills Infrastructure Improvement District, a body politic and 6
corporate, subject to sections 7-324 to 7-329, inclusive, of the general 7
statutes, except as otherwise provided in this section and consisting of 8
the area bounded and described as follows: All that certain piece or 9
parcel of land with the buildings thereon standing, situated in the town 10
of North Haven, county of New Haven and state of Connecticut, more 11
particularly bounded and described as follows: Beginning at a point on 12
the westerly line of land now or formerly of Conrail, said point being 13
the northeasterly most point of the parcel herein described, and located 14
at North 187,664.0573 East 566,341.8771 of the Connecticut state plane 15 Raised Bill No. 6640
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coordinate system (NAD27); thence running N 58°24'57" W a distance 16
of 288.93 feet along lands now or formerly of Bartram Realty Co., Inc. 17
Exit Nine Ltd. partnership, and Michael Schiavone each in part to a 18
point; thence running along land now or formerly of the state of 19
Connecticut, S 37°08'46" W a distance of 714.93 feet to a point; thence 20
running the following courses and distances along land now or formerly 21
of Amtrak: S 53°31'42" E a distance of 50.00 feet to a point; S 36°28'18" W 22
a distance of 770.00 feet to a point; S 37°35'53" W a distance of 1050.12 23
feet to a point; along a curve to the left, with an arc length of 81.88 feet, 24
a radius of 521.14 feet, delta 09°00'08" to a point; S 28°35'45" W a distance 25
of 335.00 feet to a point; S 26°38'12" W a distance of 968.32 feet to a point; 26
along a curve to the right, with an arc length of 337.56 feet, a radius of 27
2296.39 feet, delta 08°25'20" to a point; S 37°42'34" W a distance of 624.49 28
feet to a point; S 43°02'53" W a distance of 41.32 feet to a point; S 52°24'11" 29
E a distance of 30.14 feet to a point; S 46°38'25" W a distance of 486.97 30
feet to a point; along a curve to the right, with an arc length of 163.54 31
feet, a radius of 605.28 feet, delta 15°28'25" to a point; along a curve to 32
the right, with an arc length of 243.59 feet, a radius of 808.24 feet, delta 33
17°16'04" to a point; S 80°52'59" W a distance of 174.96 feet to a point; S 34
87°07'09" W a distance of 302.64 feet to a point; along a curve to the right, 35
with an arc length of 726.72 feet, a radius of 753.32 feet, delta 55°16'22" 36
to a point; along a curve to the right, with an arc length of 223.65 feet, a 37
radius of 628.85 feet, delta 20°22'37" to a point; along a curve to the right, 38
with an arc length of 162.88 feet, a radius of 1656.17 feet, delta 05°38'06" 39
to a point; along a curve to the right, with an arc length of 182.57 feet, a 40
radius of 797.70 feet, delta 13°06'48" to a point on the town line between 41
North Haven and New Haven; thence running along said town line N 42
81°05'05" E a distance of 366.37 feet to a point; thence running the 43
following courses and distances along land now or formerly of Conrail: 44
N 38°08'31" E a distance of 697.88 feet to a point; along a curve to the 45
left, with an arc length of 86.37 feet, a radius of 538.71 feet, delta 46
09°11'12" to a point; N 28°57'20" E a distance of 616.49 feet to a point; 47
along a curve to the right, with an arc length of 126.06 feet, a radius of 48
775.87 feet, delta 09°18'34" to a point; N 38°15'52" E a distance of 775.50 49
feet to a point; N 37°55'13" E a distance of 423.74 feet to a point; along a 50 Raised Bill No. 6640
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curve to the left, with an arc length of 276.83 feet, a radius of 1700.00 51
feet, delta 09°19'48" to a point; N 28°35'25" E a distance of 789.68 feet to 52
a point; N 28°13'24" E a distance of 852.15 feet to a point; along a curve 53
to the left, with an arc length of 465.94 feet, a radius of 4000.11 feet, delta 54
06°40'26" to a point; N 22°25'26" E a distance of 292.92 feet to a point; 55
along a curve to the right, with an arc length of 259.16 feet, a radius of 56
1595.77 feet, delta 09°18'18" to a point; N 31°15'55" E a distance of 858.05 57
feet to the point and place of beginning; said parcel containing 364,216 58
square feet or 83.57 acres of land in total; plus land now or formerly of 59
Exit Nine Ltd. partnership as described below: Commencing at a point 60
on the westerly line of land now or formerly of Conrail, said point being 61
the southwesterly most point of the parcel previously described, and 62
located at North 187,664.0573 East 566,341.8771 of the Connecticut state 63
plane coordinate system (NAD27); thence running N 58°24'57" W a 64
distance of 190.45 feet along land now or formerly of Bartram Realty Co., 65
Inc. to the point of beginning; thence running the following courses and 66
distances along land now or formerly of Bartram Realty Co., Inc.: Along 67
a curve to the left, with an arc length of 358.46 feet, a radius of 566.00 68
feet, delta 36°17'12" to a point; N 08°28'02" W a distance of 630.01 feet to 69
a point; along a curve to the right, with an arc length of 189.22 feet, a 70
radius of 506.00 feet, delta 21°25'33" to a point; N 12°57'30" E a distance 71
of 598.48 feet to a point; S 77°02'30" E a distance of 10.00 feet to a point; 72
along a curve to the right, with an arc length of 294.18 feet, a radius of 73
444.16 feet, delta 37°56'55" to a point; N 50°54'24" E a distance of 4.10 feet 74
to a point; N 46°36'55" E a distance of 74.51 feet to a point on the 75
southerly street line of Universal Drive; thence along said southerly 76
street line of Universal Drive, along a curve to the right, with an arc 77
length of 357.23, a radius of 566.98, delta 36°05'59" to a point; thence 78
running the following courses and distances along land now or formerly 79
of Michael Schiavone: S 12°37'30" W a distance of 1212.63 feet to a point; 80
along a curve to the left, with an arc length of 215.39 feet, a radius of 81
576.00 feet, delta 21°25'31" to a point; S 08°28'02" E a distance of 630.01 82
feet to a point; along a curve to the right, with an arc length of 309.22 83
feet, a radius of 496.00 feet, delta 35°45'16" to a point; thence S 58°24'57" 84
E a distance of 70.25 feet along the previous described parcel to the point 85 Raised Bill No. 6640
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and place of beginning. The parcel herein described contains 189,865 86
square feet or 4.36 acres of land. Said parcel is more particularly 87
depicted on map titled "Subdivision Plan, Consolidated Rail Corp. 88
(Conrail), Penn Central Co. (Amtrak) – Celevon Corp., Nicesca, LLC – 89
agent, New Haven / North Haven, Connecticut" sheets 1-3 of 3. Date: 90
12/29/97 rev to 8/9/98. Scale: as noted. Said map prepared by Clarence 91
Blair Associates, Inc. The project boundaries shall [also] include any off-92
site locations mandated by any permitting agency for improvements 93
associated with the project, including, but not limited to, locations 94
providing ingress and egress, and locations associated with any plan of 95
development established by the district. 96
(2) "Voter" means (A) any person who is an elector of the district, (B) 97
any citizen of the United States of the age of eighteen years or more who, 98
jointly or severally, is liable to the district for taxes assessed against such 99
citizen on an assessment of not less than one thousand dollars on the 100
last-completed grand list of such district, as the case may be, or who 101
would be so liable if not entitled to an exemption under subdivision (17), 102
(19), (22), (23) or (26) of section 12-81 of the general statutes, or (C) any 103
holder of record of a fee simple interest in real property within the 104
district. 105
(3) "Bonds" means bonds, notes or other obligations authorized by 106
this section, and refunding bonds, notes or other obligations to refinance 107
the same. 108
(b) (1) Upon the petition of fifteen or more persons eligible to vote in 109
the town of North Haven, specifying the district for any or all of the 110
purposes set forth in this section, the selectmen of such town shall call a 111
meeting of the voters to act upon such petition, which meeting shall be 112
held at such place within such town and such hour as the selectmen 113
designate, not later than thirty days after such petition has been received 114
by the selectmen. Such meeting shall be called by publication of a 115
written notice of the same, signed by the selectmen, at least fourteen 116
days before the time fixed for such meeting in two successive issues of 117
some newspaper published or circulated in such town. Not later than 118 Raised Bill No. 6640
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twenty-four hours before such meeting, (A) two hundred or more voters 119
or ten per cent of the total number of voters of such proposed district, 120
whichever is less, may petition the selectmen, in writing, for a 121
referendum of the voters of such proposed district, or (B) the selectmen 122
in their discretion may order a referendum of the voters of such 123
proposed district, on the sole question of whether the proposed district 124
should be established. Any such referendum shall be held not less than 125
seven or more than fourteen days after the receipt of such petition or the 126
date of such order, on a day to be set by the selectmen for a vote by paper 127
ballots or by a "yes" or "no" vote on the voting machines, during the 128
hours between twelve o'clock noon and eight o'clock p.m.; except that 129
such town may, by vote of the voters of such proposed district, provide 130
for an earlier hour for opening the polls but not earlier than six o'clock 131
a.m., notwithstanding the provisions of any special act. If voters 132
representing at least two-thirds of the assessments of holders of record 133
within the proposed district cast votes in such referendum in favor of 134
establishing the proposed district, the selectmen shall reconvene such 135
meeting not later than seven days after the day on which the referendum 136
is held. Upon approval of the petition for the proposed district by voters 137
representing at least two-thirds of the assessments of holders of record 138
within the proposed district present at such meeting, or if a referendum 139
is held, upon the reconvening of such meeting after the referendum, the 140
voters, upon the vote of voters representing a majority of assessments 141
of holders of record within the proposed district, shall choose necessary 142
officers therefor to hold office until the first annual meeting thereof; and 143
the district shall, upon the filing of the first report filed in the manner 144
provided in subsection (c) of section 7-325 of the general statutes, 145
thereupon be a body corporate and politic and have the powers 146
provided in sections 7-324 to 7-329, inclusive, of the general statutes, not 147
inconsistent with the general statutes or this section, in relation to the 148
objects for which it was established, that are necessary for the 149
accomplishment of such objects, including the power to lay and collect 150
taxes. The clerk of such district shall cause its name and a description of 151
its territorial limits and of any additions that may be made thereto to be 152
recorded in, and a caveat be placed upon, the land records of the town 153 Raised Bill No. 6640
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of North Haven. 154
(2) At the meeting called for the purpose of establishing the district 155
as provided in subdivision (1) of this subsection, the voters may 156
establish the district for any or all of the following purposes: To 157
extinguish fires, to light streets, to plant and care for shade and 158
ornamental trees, to plan, lay out, acquire, construct, maintain and 159
finance railway infrastructure, roads, sidewalks, crosswalks, drains, 160
sewers and sewage treatment facilities, utility infrastructure, 161
improvements and connections, parking facilities, open space, bulkhead 162
repairs, dredging and construction, environmental remediation and 163
other infrastructure improvements and to acquire, construct, maintain 164
and regulate the use of recreational facilities, to plan, lay out, acquire, 165
construct, reconstruct, repair, maintain, supervise and manage a flood 166
or erosion control system, and to plan, lay out, acquire, construct, 167
maintain, operate, finance and regulate the use of a community water 168
system, all as hereinafter referred to as the "improvements". The district 169
may contract with a town, city, borough or other district for carrying out 170
any of the purposes or the purchase or sale of any of the improvements 171
for which such district was established. 172
(3) At the meeting called for the purpose of establishing the district 173
as provided in subdivision (1) of this subsection, the voters shall fix the 174
date of the annual meeting of the voters for the election of the board of 175
directors and officers for the district and the transaction of such other 176
business as may properly come before such annual meeting. At such 177
organizational meeting of the district, the voters shall elect four 178
directors. The four directors first elected shall be designated to serve 179
terms of one, two, three and four years, respectively, and the directors 180
elected thereafter shall serve for terms of four years. Upon its 181
organization and at all times thereafter, one additional director may be 182
appointed by the first selectman of the town of North Haven. From such 183
directors, the voters shall elect at the organizational meeting a president, 184
a vice-president, a clerk and a treasurer to serve until the first annual 185
meeting for the election of officers and thereafter such officers shall be 186
elected annually. Not fewer than three members of the board of 187 Raised Bill No. 6640
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directors shall be residents of the state of Connecticut. Subject to the 188
provisions of subdivision (4) of this subsection, (A) not fewer than 189
[fifteen] two-thirds of the voters of the district shall constitute a quorum 190
for the transaction of business at such organizational meeting of the 191
district; and (B) if [fifteen] two-thirds of the voters are not present at 192
such meeting, the selectmen may adjourn such meeting from time to 193
time, until at least [fifteen] two-thirds of the voters are present. Special 194
meetings of the district may be called on the application of ten per cent 195
of the total number of voters of such district or twenty of the voters of 196
such district, whichever is less, or by the president or any three directors 197
upon giving notice as provided in this subdivision. Any special meeting 198
called on the application of the voters shall be held not later than twenty-199
one days after receiving such application. Notice of the holding of the 200
annual meeting and all special meetings shall be given by publication of 201
a notice of such meetings in a newspaper having a general circulation in 202
such district at least ten days before the day of such meetings, signed by 203
the president or any three directors, which notice shall designate the 204
time and place of such meetings and the business to be transacted 205
thereat. Two hundred or more persons or ten per cent of the total 206
number of voters of such district, whichever is less, may petition the 207
clerk of such district, in writing, at least twenty-four hours prior to any 208
such meeting, requesting that any item or items on the call of such 209
meeting be submitted to the voters not less than seven or more than 210
fourteen days thereafter, on a day to be set by the district meeting or, if 211
the district meeting does not set a date, by the board of directors, for a 212
vote by paper ballots or by a "yes" or "no" vote on the voting machines, 213
during the hours between twelve o'clock noon and eight o'clock p.m., 214
except that the district may, by vote of its board of directors, provide for 215
an earlier hour for opening the polls but not earlier than six o'clock a.m. 216
The paper ballots or voting machine ballot labels, as the case may be, 217
shall be provided by the clerk. When such a petition has been filed with 218
the clerk, the president, after completion of other business and after 219
reasonable discussion shall adjourn such meeting and order such vote 220
on such item or items in accordance with the petition, and any item so 221
voted may be rescinded in the same manner. The clerk shall phrase such 222 Raised Bill No. 6640
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item or items in a form suitable for printing on such paper ballots or 223
ballot labels. Subject to the provisions of subdivision (4) of this 224
subsection, (i) not fewer than [fifteen] two-thirds of the voters of the 225
district shall constitute a quorum for the transaction of business at any 226
meeting of the district; (ii) if [fifteen] two-thirds of the voters are not 227
present at such meeting, the president of the district or, in such 228
president's absence, the vice-president, may adjourn such meeting from 229
time to time, until at least [fifteen] two-thirds of the voters are present; 230
and (iii) all meetings of the district where a quorum is present may be 231
adjourned from time to time by a vote of a majority of the voters voting 232
on the question. At any annual or special meeting, the voters may, by a 233
majority vote of those present, discontinue any purposes for which the 234
district is established or undertake any additional purpose or purposes 235
enumerated in subdivision (2) of this subsection. 236
(4) (A) A quorum for the transaction of business at the meeting called 237
for the purpose of establishing the district, as provided in subdivisions 238
(1) and (3) of this subsection, shall be either [fifteen] two-thirds of the 239
voters of such district or a majority of the holders of record of interests 240
in real property within such district, as long as the assessments of such 241
holders of record constitute more than one-half of the total of 242
assessments for all interests in real property within such district. If 243
[fifteen] two-thirds of the voters or a majority of the holders of record of 244
interests in real property within such district are not present at such 245
meeting or the assessments of such holders of record constitute less than 246
one-half of the total of assessments for all interests in real property 247
within such district, the selectmen may adjourn such meeting, from time 248
to time, until at least [fifteen] two-thirds of the voters or a majority of 249
the holders of record of interests in real property within such district are 250
present and the assessments of such holders of record constitute more 251
than one-half of the total of assessments for all interests in real property 252
within such district. 253
(B) For the transaction of business at any other meeting of the district, 254
a quorum shall be either [fifteen] two-thirds of the voters of the district 255
or a majority of the holders of record of interests in real property within 256 Raised Bill No. 6640
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such district, as long as the assessments for such holders of record 257
constitute more than one-half of the total of assessments for all interests 258
in real property within such district. If [fifteen] two-thirds of the voters 259
or a majority of the holders of record of interests in real property within 260
such district are not present at such meeting or the assessments of such 261
holders of record constitute less than one-half of the total assessments 262
for all interests in real property within such district, the president of the 263
district or, in such president's absence, the vice-president, may adjourn 264
such meeting, from time to time, until at least [fifteen] two-thirds of the 265
voters or a majority of the holders of record of interests in real property 266
within such district are present and the assessments of such holders of 267
record constitute more than one-half of the total of assessments for all 268
interests in real property within such district. All actions, resolutions 269
and proceedings at any annual or special meeting of the district where 270
a quorum is present shall require a majority vote of (i) the voters present 271
and voting, and (ii) the property owners representing at least one-half 272
of the assessments of holders of record of a fee simple interest in real 273
property within the district, present and voting. 274
(5) In any case in which an action for a vote by the voters of the district 275
is to be initiated by the petition of such voters, in addition to such other 276
requirements as the general statutes or any special act may impose, such 277
petition shall be on a form prescribed or approved by the clerk of such 278
district, and each page of such petition shall contain a statement, signed 279
under penalties of false statement, by the person who circulated the 280
same, setting forth such circulator's name and address, and stating that 281
each person whose name appears on said page signed the same in 282
person in the presence of such circulator, that the circulator either knows 283
each such signer or that the signer satisfactorily identified himself to the 284
circulator and that all the signatures on said page were obtained not 285
earlier than six months prior to the filing of said petition. Any page of a 286
petition that does not contain such a statement by the circulator shall be 287
invalid. Any circulator who makes a false statement in the statement 288
hereinbefore provided shall be subject to the penalty provided for false 289
statement. No petition shall be valid for any action for a vote by the 290 Raised Bill No. 6640
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voters at any regular or special district meeting unless such petition 291
shall be circulated by a voter eligible to vote in such district. 292
(6) Once formed, the district shall not be required to comply with the 293
provisions of subdivisions (1) to (5), inclusive, of this subsection until 294
such time as it authorizes the issuance of bonds or makes application for 295
the subdivision or development of land within the district. 296
(c) Whenever the officers of such district vote to terminate its 297
corporate existence and whenever a petition signed by ten per cent of 298
the total voters of such district or twenty of the voters of such district, 299
whichever is less, applying for a special meeting to vote on the 300
termination of the district is received by the clerk, the clerk shall call a 301
special meeting of the voters of such district, the notice of which shall 302
be signed by the officers thereof, by advertising the same in the same 303
manner as provided in section 7-325 of the general statutes. Not later 304
than twenty-four hours before any such meeting, two hundred or more 305
voters or ten per cent of the total number of voters, whichever is less, 306
may petition the clerk of the district, in writing, that a referendum on 307
the question of whether the district should be terminated be held in the 308
manner provided in section 7-327 of the general statutes. If, at such 309
meeting, a two-thirds majority of the voters present vote to terminate 310
the corporate existence of the district, or, if a referendum is held, two-311
thirds of the voters casting votes in such referendum vote to terminate 312
the corporate existence of the district, the officers shall proceed to 313
terminate the affairs of such district. The district shall pay all 314
outstanding indebtedness and turn over the balance of the assets of such 315
district to the town of North Haven, if the legislative body of the town 316
authorizes such action. No district shall be terminated under this 317
subsection until all of its outstanding indebtedness is paid unless the 318
legislative body of the town of North Haven agrees, in writing, to 319
assume such indebtedness. On completion of the duties of the officers 320
of such district, the clerk shall cause a certificate of the vote of such 321
meeting to be recorded in the land records of the town of North Haven 322
and the clerk shall notify the Secretary of the Office of Policy and 323
Management. 324 Raised Bill No. 6640
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(d) (1) For purposes of voting at meetings held by such district, any 325
tenant in common of any interest in real property shall have a vote equal 326
to the fraction of such tenant in common's ownership of such interest. 327
Any joint tenant of any interest in real property shall vote as if each such 328
tenant owned an equal fractional share of such real property. A 329
corporation shall have its vote cast by the chief executive officer of such 330
corporation, or such officer's designee. Any entity that is not a 331
corporation shall have its vote cast by a person authorized by such entity 332
to cast its vote. An owner shall be entitled to cast one vote, or a fractional 333
vote, as applicable, for each property that it owns within the district. 334
(2) No holder of record of a fee simple interest in real property shall 335
be precluded from participating in any district meeting or referendum 336
because of the form of entity that holds such interest, whether such 337
holder of record is (A) a corporation, partnership, unincorporated 338
association, trustee, fiduciary, guardian, conservator or other form of 339
entity, or any combination thereof, or (B) an individual who holds 340
interests jointly or in common with another individual or individuals, 341
or with any one or more of the entities listed in subparagraph (A) of this 342
subdivision. 343
(e) Notwithstanding any provision of the general statutes, including 344
sections 7-324 to 7-329, inclusive, of the general statutes, the district shall 345
have the power to assess, levy and collect benefit assessments upon the 346
land and buildings in the district that, in its judgment, are benefited by 347
the improvements. 348
(f) (1) Notwithstanding any provision of the general statutes, 349
including sections 7-324 to 7-329, inclusive, of the general statutes, the 350
district shall have the power to fix, revise, charge, collect, abate and 351
forgive reasonable taxes, fees, rents and benefit assessments, and other 352
charges for the cost of the improvements, financing costs, operating 353
expenses and other services and commodities furnished or supplied to 354
the real property in the district in accordance with the applicable 355
provisions of the general statutes that apply to districts established 356
under section 7-325 of the general statutes, and this section and in the 357 Raised Bill No. 6640
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manner prescribed by the district. Notwithstanding any provision of the 358
general statutes, the district may make grants for, or pay the entire cost 359
of any improvements, including the costs of financing such 360
improvements, capitalized interest and the funding of any reserve funds 361
necessary to secure such financing or the debt service of bonds or notes 362
issued to finance such costs, from taxes, fees, rents, benefit assessments 363
or other revenues and may assess, levy and collect said taxes, fees, rents 364
or benefit assessments concurrently with the issuance of bonds, notes or 365
other obligations to finance such improvements based on the estimated 366
cost of the improvements prior to the acquisition or construction of the 367
improvements or upon the completion or acquisition of the 368
improvements. The district and the town of North Haven are authorized 369
to enter into an agreement to share revenue in accordance with section 370
7-148bb of the general statutes. 371
(2) Notwithstanding any provision of the general statutes, whenever 372
the district or the town constructs, improves, extends, equips, 373
rehabilitates, repairs, acquires or provides a grant for any improvements 374
or finances the cost of such improvements, such proportion of the cost 375
or estimated cost of the improvements and financing thereof, as 376
determined by the district, may be assessed by the district, herein 377
referred to as "benefit assessments", in the manner prescribed by such 378
district, upon the property benefited by such improvements and the 379
balance of such costs shall be paid from the general funds of the district. 380
The district may provide for the payment of such benefit assessments in 381
annual installments, not exceeding thirty, and may forgive such benefit 382
assessments in any single year without causing the remainder of 383
installments of benefit assessments to be forgiven. Benefit assessments 384
to buildings or structures constructed or expanded after the initial 385
benefit assessment may be assessed as if the new or expanded buildings 386
or structures had existed at the time of the original benefit assessment. 387
It is hereby determined that the costs of the improvements benefiting 388
the district whether located within the district or in the town of North 389
Haven are a benefit to all the property within the district. 390
(3) In order to provide for the collection and enforcement of its taxes, 391 Raised Bill No. 6640
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fees, rents, benefit assessments and other charges, the district is hereby 392
granted all the powers and privileges with respect thereto as districts 393
organized pursuant to section 7-325 of the general statutes, and as held 394
by the town of North Haven or as otherwise provided in this section. 395
Such taxes, fees, rents or benefit assessments, if not paid when due, shall 396
constitute a lien upon the premises served and a charge against the 397
owners thereof, which lien and charge shall bear interest at the same 398
rate as delinquent property taxes. Each such lien may be continued, 399
recorded and released in the manner provided for property tax liens in 400
chapter 12 of the general statutes and shall take precedence over all 401
other liens or encumbrances except a lien for taxes of the town of North 402
Haven. 403
(4) The budget, taxes, fees, rents, benefit assessments and any other 404
charges of the district of general application shall be adopted and 405
revised by the board of directors at least annually not more than thirty 406
days before the beginning of the fiscal year, in accordance with the 407
procedures to be established by the board, at a meeting called by the 408
board, ensuring that interested persons are afforded notice and an 409
opportunity to be heard. The board shall hold at least two public 410
hearings on its schedule of fees, rates, rents, benefit assessments and 411
other charges or any revision thereof before adoption, notice of which 412
shall be delivered to the selectmen of the town of North Haven and be 413
published in at least two newspapers of general circulation in the town 414
of North Haven at least ten days in advance of the hearing. Not later 415
than the date of the publication, the board shall make available to the 416
public and deliver to the selectmen of the town of North Haven the 417
proposed schedule of fees, rates, rents, benefit assessments and other 418
charges. The procedures regarding public hearing and appeal, provided 419
by section 7-250 of the general statutes, shall apply for all benefit 420
assessments made by the district, except that the board shall be 421
substituted for the water pollution control authority. Should the benefit 422
assessments be assessed and levied prior to the acquisition or 423
construction of the improvements, then the amount of the benefit 424
assessments shall be adjusted to reflect the actual cost of the 425 Raised Bill No. 6640
LCO No. 5509 14 of 19
improvements, including all financing costs, once the improvements 426
have been completed, should the actual cost be greater than or less than 427
the estimated costs. Benefit assessments shall be due and payable at 428
such times as are fixed by the board, provided the district shall give 429
notice of such due date not less than thirty days prior to such due date 430
by publication in a newspaper of general circulation in the town of 431
North Haven and by mailing such notice to the owners of the property 432
assessed at their last-known address. 433
(g) (1) Notwithstanding any provision of the general statutes, 434
including sections 7-324 to 7-329, inclusive, of the general statutes, 435
whenever the district has authorized the acquisition or construction of 436
the improvements or has made an appropriation therefor, the district 437
may authorize the issuance of bonds, notes or other obligations to 438
finance the cost of the improvements, the creation and maintenance of 439
reserves required to sell the bonds and the cost of issuance of the bonds, 440
provided no bonds shall be issued prior to the district entering into an 441
interlocal agreement with the town of North Haven, in accordance with 442
the procedures provided by section 7-339c of the general statutes, 443
including at least one public hearing on the proposed agreement and 444
ratification by the legislative body of the town of North Haven. The 445
bonds may be secured as to principal or interest by (A) the full faith and 446
credit of the district, (B) fees, revenues or benefit assessments, or (C) a 447
combination of subparagraphs (A) and (B) of this subdivision. Such 448
bonds shall be authorized by resolution of the board of directors. The 449
district is authorized to secure such bonds by the full faith and credit of 450
the district or by a pledge of or lien on all or part of its revenues, fees or 451
benefit assessments. The bonds of each issue shall be dated, shall bear 452
interest at the rates and shall mature at the time or times not exceeding 453
thirty years from their date or dates, as determined by the board, and 454
may be redeemable before maturity, at the option of the board, at the 455
price or prices and under the terms and conditions fixed by the board 456
before the issuance of the bonds. The board shall determine the form of 457
the bonds, and the manner of execution of the bonds, and shall fix the 458
denomination of the bonds and the place or places of payment of 459 Raised Bill No. 6640
LCO No. 5509 15 of 19
principal and interest, which may be at any bank or trust company 460
within the state of Connecticut and other locations as designated by the 461
board. In case any officer whose signature or a facsimile of whose 462
signature shall appear on any bonds or coupons shall cease to be an 463
officer before the delivery of the bonds, the signature or facsimile shall 464
nevertheless be valid and sufficient for all purposes the same as if the 465
officer had remained in office until the delivery. 466
(2) While any bonds issued by the district remain outstanding, the 467
powers, duties or existence of the district shall not be diminished or 468
impaired in any way that will affect adversely the interests and rights of 469
the holders of the bonds. Bonds issued under this section, unless 470
otherwise authorized by law, shall not be considered to constitute a debt 471
of the state of Connecticut or the town of North Haven, or a pledge of 472
the full faith and credit of the state of Connecticut or the town of North 473
Haven, but the bonds shall be payable solely by the district or as special 474
obligations payable from particular district revenues. Any bonds issued 475
by the district shall contain on their face a statement to the effect that 476
neither the state of Connecticut nor the town of North Haven shall be 477
obliged to pay the principal of or the interest thereon, and that neither 478
the full faith and credit or taxing power of the state of Connecticut nor 479
the town of North Haven is pledged to the payment of the bonds. All 480
bonds issued under this section shall have and are hereby declared to 481
have all the qualities and incidents of negotiable instruments, as 482
provided in title 42a of the general statutes. 483
(h) (1) The board of directors may authorize that the bonds be secured 484
by a trust agreement by and between the district and a corporate trustee, 485
which may be any trust company or bank having the powers of a trust 486
company within the state of Connecticut. The trust agreement may 487
pledge or assign the revenues. Either the resolution providing for the 488
issuance of bonds or the trust agreement may contain covenants or 489
provisions for protecting and enforcing the rights and remedies of the 490
bondholders as may be necessary, reasonable or appropriate and not in 491
violation of law. 492 Raised Bill No. 6640
LCO No. 5509 16 of 19
(2) All expenses incurred in carrying out the trust agreement may be 493
treated as a part of the cost of the operation of the district. (A) The pledge 494
by any trust agreement or resolution shall be valid and binding from 495
time to time when the pledge is made; (B) the revenues or other moneys 496
so pledged and then held or thereafter received by the board shall 497
immediately be subject to the lien of the pledge without any physical 498
delivery thereof or further act; and (C) the lien of the pledge shall be 499
valid and binding as against all parties having claims of any kind in tort, 500
contract or otherwise against the district, irrespective of whether the 501
parties have notice thereof. Notwithstanding any provision of the 502
Uniform Commercial Code, neither this subsection, the resolution or 503
any trust agreement by which a pledge is created need be filed or 504
recorded except in the records of the district, and no filing need be made 505
under title 42a of the general statutes. 506
(i) (1) Bonds issued under this section are hereby made securities in 507
which all public officers and public bodies of the state of Connecticut 508
and its political subdivisions, all insurance companies, trust companies, 509
banking associations, investment companies, executors, administrators, 510
trustees and other fiduciaries may properly and legally invest funds, 511
including capital in their control and belonging to them; and (2) such 512
bonds shall be securities that may properly and legally be deposited 513
with and received by any state or municipal officer or any agency or 514
political subdivision of the state of Connecticut for any purpose for 515
which the deposit of bonds of the state of Connecticut is now or may 516
hereafter be authorized by law. 517
(j) Bonds may be issued under this section without obtaining the 518
consent of the state of Connecticut or the town of North Haven, and 519
without any proceedings or the happening of any other conditions or 520
things other than those proceedings, conditions or things that are 521
specifically required thereof by this section, and the validity of and 522
security for any bonds issued by the district shall not be affected by the 523
existence or nonexistence of the consent or other proceedings, 524
conditions or things. 525 Raised Bill No. 6640
LCO No. 5509 17 of 19
(k) The district and all its receipts, revenues, income and real and 526
personal property shall be exempt from taxation and benefit 527
assessments and the district shall not be required to pay any tax, excise 528
or assessment to or from the state of Connecticut or any of its political 529
subdivisions. The principal and interest on bonds or notes issued by the 530
district shall be free from taxation at all times, except for estate and gift, 531
franchise and excise taxes, imposed by the state of Connecticut or any 532
political subdivision thereof, provided nothing in this section shall act 533
to limit or restrict the ability of the state of Connecticut or the town of 534
North Haven to tax the individuals and companies, or their real or 535
personal property or any person living or business operating within the 536
boundaries of the district. 537
(l) The district shall at all times keep accounts of its receipts, 538
expenditures, disbursements, assets and liabilities, which shall be open 539
to inspection by duly appointed officers or duly appointed agents of the 540
state of Connecticut or the town of North Haven. The fiscal year of the 541
district shall begin on July first and end on the following June thirtieth 542
or as otherwise established by section 7-327 of the general statutes. The 543
district shall be subject to an audit of its accounts in the manner 544
provided in the general statutes. 545
(m) (1) At such time as any construction or development activity 546
financed by bonds issued by the district is taking place, the clerk of the 547
district shall submit project activity reports quarterly to the selectmen of 548
the town of North Haven, the Secretary of the Office of Policy and 549
Management and to the chairpersons of the joint standing committee of 550
the General Assembly having cognizance of matters relating to finance, 551
revenue and bonding. 552
(2) The district shall take affirmative steps to provide for the full 553
disclosure of information relating to the public financing and 554
maintenance of improvements to real property undertaken by the 555
district. Such information shall be provided to any existing residents 556
and to all prospective residents of the district. The district shall furnish 557
each developer of a residential development within the district with 558 Raised Bill No. 6640
LCO No. 5509 18 of 19
sufficient copies of such information to provide each prospective initial 559
purchaser of property in such district with a copy, and any developer of 560
a residential development within the district, when required by law to 561
provide a public offering statement, shall include a copy of such 562
information relating to the public financing and maintenance of 563
improvements in the public offering statement. 564
(n) (1) This section shall be deemed to provide an additional, 565
alternative and complete method of accomplishing the purposes of this 566
section and exercising the powers authorized hereby and shall be 567
deemed and construed to be supplemental and additional to, and not in 568
derogation of, powers conferred upon the district by law and 569
particularly by sections 7-324 to 7-329, inclusive, of the general statutes, 570
provided insofar as the proceedings of this section are inconsistent with 571
any general statute or special act, or any resolution or ordinance of the 572
town of North Haven, this section shall be controlling. 573
(2) Except as specifically provided in this section, all other statutes, 574
ordinances, resolutions, rules and regulations of the state of Connecticut 575
and the town of North Haven shall be applicable to the property, 576
residents and businesses located in the district. Nothing in this section 577
shall in any way obligate the town of North Haven to pay any costs for 578
the acquisition, construction, equipping or operation and 579
administration of the improvements located within the district or to 580
pledge any money or taxes to pay debt service on bonds issued by the 581
district except as may be agreed to in any interlocal agreements executed 582
by the town of North Haven and the district. 583
(o) At the option of the town of North Haven by vote of the legislative 584
body, the district shall be merged into the town of North Haven, [if no] 585
and any property that is owned by the district shall be distributed to the 586
town of North Haven, if (1) once bonds are issued by the district or the 587
district commences collecting funds, the district fails to comply with its 588
obligations not later than [four years after the effective date of this 589
section] six months after the date of such failure, or (2) after the bonds 590
authorized by this section are no longer outstanding. [and any property 591 Raised Bill No. 6640
LCO No. 5509 19 of 19
that is owned by the district shall be distributed to the town of North 592
Haven.] 593
(p) This section, being necessary for the welfare of the town of North 594
Haven and its inhabitants, shall be liberally construed to effect the 595
purposes hereof. 596
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage SA 15-16, Sec. 1
Statement of Purpose:
To modify the organization of the Cedar Hills Infrastructure
Improvement District.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]