Town of Farmington, CT Article X Town Meetings

§ C10-1 Time.

[Amended 9-28-1993; 5-5-1997]

The Annual Town Meeting shall be held, unless an alternative date is determined by the Town Council as provided below, on the third Monday of April in each year and may be adjourned from time to time. The Town Council may by resolution adopted not later than the preceding November 1 determine that the Annual Town Meeting shall be held on a date subsequent to the third Monday of April, which date shall not be later than seven days after such third Monday of April. Special Town Meetings shall be called by the Council at its discretion and when required under the terms of this Charter and in the manner provided by the General Statutes.

§ C10-2 Procedure.

[Amended 7-1-2003]

All Town Meetings shall be called to order by the Town Clerk or, in his/her absence, by the Town Manager or the Chair of the Council. A Moderator shall be elected and all business conducted in the manner provided by the General Statutes, except as in this Charter otherwise provided. The Town Clerk shall serve as clerk of all Town Meetings, but in his/her absence an acting clerk may be designated by the Meeting. Such Meeting shall be governed by Robert's Rules of Order.

§ C10-3 When action by Town Meeting required, other than on annual budget.

[Amended 11-5-1968; 11-3-1970; 11-8-1988; 5-5-1997]

A. Any ordinance or resolution making an appropriation of more than $200,000 but less than $400,000, for any purpose, any resolution providing for the sale of any Town property for more than $200,000 but less than $400,000, any ordinance or resolution authorizing the issuance of bonds or notes of less than $400,000, except notes issued in anticipation of taxes to be paid within the fiscal year in which issued, notes issued in anticipation of the receipt of the proceeds of bonds which have been duly authorized and notes issued in anticipation of sewer or water assessments, shall become effective only after it has been adopted at a Town Meeting by a vote of the majority of those present and entitled to vote at such Meeting.

[Amended 7-1-2003]

B. The Town Meeting shall not act upon any proposal for the sale or purchase of real estate, when such Town Meeting is required, or the issuance of bonds or other borrowing, except upon the recommendation of the Council, nor act upon any appropriation which has not been acted upon by the Council, unless the same shall have been before the Council 60 days without action. The Town Meeting shall neither increase nor decrease the amount of any bond issue, borrowing or appropriation recommended by the Council. The Council may, in its discretion, require that a proposal for the sale or purchase of real estate or the issuance of bonds or other borrowing or any other proposal it may deem of sufficient importance be submitted to those entitled to vote by law at an Annual Meeting or at a Special Meeting called for such purpose and that such proposal shall become effective only after it has been approved by a majority of those voting at such Meeting.

[Amended 9-28-1993]

C. Any appropriation of $400,000 or more, any resolution providing for sale of any Town property for $400,000 or more and any ordinance or resolution authorizing the issuance of bonds or notes of $400,000 or more, other than part of the annual budget, shall be placed on the call of a Town Meeting, and after completion of other business and after reasonable discussion on such appropriation, ordinance or resolution, the Moderator of such Meeting shall adjourn the Meeting and such appropriation, ordinance or resolution shall become effective only after it has been submitted to the persons qualified to vote in such Meeting on the tenth day thereafter for a yes or no vote on the voting machines between the hours of 12:00 Noon and 8:00 p.m., except as provided hereinafter and in Subsection D, and the voting machine ballot labels shall be provided by the Town Clerk. The Council may determine that voting at any such referendum shall open at an hour earlier than 12:00 Noon, but not earlier than 6:00 a.m.

[Amended 7-1-2003]

D. If the vote by voting machine on any such appropriation, ordinance or resolution hereinabove mentioned is held on the same day as a municipal or state election, voting hours on the aforesaid appropriation, ordinance or resolution shall be the same as the concurrent or state election voting hours. A ballot box will be maintained at each polling place, and property owners who are not electors of the Town of Farmington but who are eligible to vote on said appropriation, ordinance or resolution pursuant to C.G.S. § 7-6, as amended, shall vote by ballot, to be provided by the Town Clerk, and deposit the same in said ballot box. Any such appropriation, ordinance or resolution mentioned in the immediately preceding subsection shall become effective if approved by a majority of those voting thereon.

E. Any other item or items, with the exception of the annual budget, on the call of any Town Meeting may, if the Council deems it advisable, be submitted to a vote on the voting machines in the same manner as aforesaid and, if approved by a majority of those voting thereon, shall become effective. Any items to be submitted to a vote on the voting machines shall have such fact set forth in the call of the Town Meeting and in any legal notice pertaining to such Meeting.

§ C10-4 Petition for overrule of action of Council.

[Amended 5-5-1997]

All other ordinances, resolutions or votes of the council, except those recommending the annual budget or setting the date of the Annual Town Meeting, any subsequent Town Meeting considering the annual budget or any referendum thereon, making appointments or removals or regulating exclusively the internal procedure of the Council, shall be subject to overrule by a Special Town Meeting as follows: If within 20 days after the publication of any such ordinance, resolution or vote, a petition signed by no less than 10% of the electors of the Town, as determined from the latest official list of the registrars of voters, is filed with the Town Clerk requesting its reference to a Special Town Meeting, the effective date of such ordinance, resolution or vote shall be suspended and the Council shall fix the item and place of such meeting, which shall be within 20 days after the filing of the petition, and notice thereof shall be given in the manner provided by law for the calling of a Special Town Meeting. An ordinance, resolution or vote so referred shall take effect upon the conclusion of such Meeting unless at least 100 electors, constituting a majority of those voting thereon, shall have voted in the negative.

§ C10-5 Petition for enactment of ordinances.

A. Subject to the provisions of § C10-4, not less than 10% of the electors of the Town, as determined from the latest official lists of the registrars of voters, may at any time petition under their personal signatures for the enactment of any proposed lawful ordinance by filing such petition, including the complete text of such ordinance, with the Town Clerk. The Council shall call a Special Town Meeting, to be held within 30 days from the date of such filing, unless prior to such Meeting such ordinance shall be enacted by the Council. The call for such Meeting shall state the proposed ordinance in full and shall provide for a yes or no vote as its enactment. If a majority of the persons entitled to vote voting at such meeting shall vote yes, then such ordinance shall take effect on the 10th day thereafter without further action of the Council.

B. Any such proposed ordinance shall be examined by the Corporation Counsel before being submitted to the Special Town Meeting. The Corporation Counsel is authorized to correct the form of such ordinance for the purpose of avoiding repetitions, illegalities and unconstitutional provisions and to assure accuracy in its text and reference and clearness and preciseness in its phraseology but not materially changing its meaning and effect.