[HISTORY: Adopted by the Town Council of the Town of Tolland 11-24-1998
by Ord. No. 57. Amendments noted where applicable.]
In order to increase continuity of management and supervision over the operation of the Town-owned water company, this chapter creates a Tolland Water Commission to assume essentially all the powers and duties previously exercised by the Town Council in the operation of the Town-owned water company, in general, as well as those specifically defined in Chapters 57 and 146 and § A176-1 of the Town Code.
A Water Commission, in accordance with the General Statutes of the State
of Connecticut and the Charter of the Town of Tolland, to be known as the
"Tolland Water Commission," herein called the "Commission," shall be established
as provided herein.
The Commission shall consist of seven members appointed by the Town
Council for terms of four years each, so arranged that the terms of two members
shall expire each year for three years and one in the fourth year. A minimum
of four shall be customers of the system and at least one shall be a noncustomer.
Said Commission shall have charge of and be responsible for the layout,
construction and installation, operation and use, maintenance, improvement,
extension or discontinuance of, and shall have full authority and jurisdiction
over, all water systems appurtenances and facilities owned by the Town of
Tolland. Said Commission shall have the authority to enter into contracts
with the Town of Tolland or any outside entity for the purpose of fulfilling
its responsibilities as described herein. Said Commission shall have the power
in the name of the Town and subject to any appropriate provisions of the Connecticut
General Statutes to acquire real property or any interest therein by purchase,
lease, gift, devise or condemnation, as to condemnation where fee simple interest
in the property is required, as approved by the Council, necessary for or
incidental to the carrying out of the powers enumerated in this section of
this chapter; to set rates and fees for use of water or to connect to the
system; and to assess benefits and damages in the layout of any improvements
included within the scope of the powers herein granted, in such manner as
hereinafter set forth.
A.
All water supply services provided either as heretofore existing or planned or as hereafter established shall be under the jurisdiction of the Commission and shall be operated upon an Enterprise-Fund basis. The cost of providing such services and all facilities and property necessary or incidental to the provision of such services shall be financed by water rates, by connection fees, by special assessments against benefited properties or by a combination of these and any other methods in a manner provided by law. The Commission shall have the right to determine the rates and expend such charges, fees and assessments in accordance with the General Statutes, the Charter of the Town of Tolland and Town Code § A176-11, Policy No. 11: Purchasing Policy.
B.
All revenues derived from the operation of the system
shall be deposited with the Tax Collector in a separate set of accounts. No
disbursements shall be made from the Fund by the Treasurer unless authorized
by the Commission, through the budgeting process or by a special appropriation.
Should the Commission deem it necessary to request the Town of Tolland
to borrow money for water facilities, it shall pass a resolution requesting
the Town Council to incur indebtedness for such purposes and should include
certification that the bonds will be repaid entirely from water rates, fees
or assessments.
Annually, the Commission shall prepare a budget, including estimated
revenue and expense of the water system for the year commencing July 1. This
budget shall include the prior year's budget, as well as the estimated
revenue and expense for the current year, for comparative purposes. This budget
shall include a section for capital expenditures as well as the operations
of the water system. This budget shall be submitted to the Town Council for
its approval prior to June 1.
The Commission shall have the authority of the Town Council as described in Chapter 57 of the Town Code, entitled "Assessments for Improvements," as it relates to water main extensions, the setting of water rates and fees.
The Commission shall periodically review the rules and regulations contained in Chapter 146 in the Town Code and make recommendations to the Town Council if any changes, including additions and deletions, are considered appropriate.
The Commission shall periodically review Policy No. 1: Policy Regarding Water Main Assessments, as contained in § A176-1 of the Town Code, and make recommendations to the Town Council if any changes, including additions and deletions, are considered appropriate. With regard to Subsection H therein, the Commission shall have the express authority to amend these rates from time to time as it may deem appropriate.
The Commission may promulgate bylaws for regulating its organizational
structure and setting forth rules and regulations for the conduct of its business.
