[Amended by referendum 10-5-1964; amended by referendum 11-4-2003; amended by referendum11-8-2022]
The Town of Manchester shall continue to have and possess all the rights, powers, franchises and property, real, personal and mixed, of the South Manchester Water Company and the South Manchester Sanitary and Sewer District and all other property heretofor and hereafter acquired by the Town for the purpose of supplying water or sewer facilities and may continue to hold and operate all of said property under such regulations and conditions as it may establish. The South Manchester Water Company and the South Manchester Sanitary and Sewer District shall be managed in accordance with and under the direction of a plan established by the Town Manager with the approval of the Board of Directors, and this Department shall be constituted to perform such functions and have such powers and duties as are imposed by the Connecticut General Statutes, Special Acts applicable thereto, this Charter and ordinances approved by the Board of Directors.
[Amended by Sp. Act, Jan. Sess., 1949, Sp. No. 503, Sec. 1, 25 C.S.A. 1230, approved 7-26-1949; amended by Sp. Act, Jan. Sess., 1955, Sp. No. 281, Sec. 2, 27 C.S.A. 232, approved 6-3-1955; amended by Sp. Act, Jan. Sess., 1957, Sp. No. 52, Sec. 3, 28 C.S.A. 73, approved 4-8-1957; amended by referendum 4-30-1968; amended by referendum 11-6-1973]
The Board of Directors shall establish just and equitable rates or charges for the use of the waterworks system in accordance with Chapter 102 of the Connecticut General Statutes, Revision of 1958, as amended, and for the use of the sewerage system in accordance with Chapter 103 of the Connecticut General Statutes, Revision of 1958, as amended.
[Amended by Sp. Act, Jan. Sess., 1955, Sp. No. 281, Sec. 3, 27 C.S.A. 232, approved 6-3-1955; amended by Sp. Act, Jan. Sees., 1957, Sp. No. 52, Sec. 4, 28 C.S.A. 74, approved 4-8-1957; amended by referendum 11-4-2008; amended by referendum11-8-2022]
All bills for the use of the waterworks system and for the use of the sewerage system and sewage treatment works shall be prepared under the direction of the Superintendent of the Water and Sewer Department and paid to the Collector of Revenue. Separate accounts shall be kept of the funds derived from each of the utilities and of the disposition thereof, which account shall be audited annually, and the report of such audits shall be open to public inspection. The Director of Finance of the Town shall be the custodian of such funds, which shall be kept separate from other funds of the Town, and shall be used for such utilities, respectively, and for no other purpose, except that any surplus funds derived from either of said utilities may be transferred to the general funds of the Town, on the recommendation of the Town Manager, by a vote of the Board of Directors, and may then be used for the general purposes of the Town.
[Amended by Sp. Act, Jan. Sess., 1957, Sp. No. 52, Sec. 28 C.S.A. 75, approved 4-8-1957; amended by referendum 4-30-1968; amended by referendum11-8-2022]
The Town Manager shall appoint a Superintendent of the Water and Sewer Department who at the time of their appointment need not be a resident of the Town or state, but during the tenure of office shall reside within the Town. The Superintendent of the Water and Sewer Department shall be the executive head of the Department and, as such, shall have charge and control, under the direction of the Town Manager, of the administration and discipline of the Department and of the buildings, machinery, equipment and property of all kinds used by the Department. The Superintendent shall appoint, with the approval of the Town Manager and within the limits of the appropriations made by the Board of Directors, such employees of the Department as they may deem necessary for its proper management and operation, and shall fix their compensation within a scale of wage rates recommended by the Town Manager and approved by the Board of Directors.
[Amended by Sp. Act, Jan. Sess., 1965, Sp. No. 281, Sec. 4, 27 C.S.A. 233, approved 6-3-1955; amended by Sp. Act, Jan. Sess., 1957, Sp. No. 52, Sec. 6, 28 C.S.A. 75, approved 4-8-1957; amended by referendum 1-8-1960; for No. 542 of Special Acts of 1953, see Special Acts Art. 14 in this volume]
(1) 
The provisions of Chapter V and Chapter XIX of this Charter shall apply to the water and sewer utilities and their management and operation, and money shall be expended only in accordance therewith, provided no money shall be appropriated for the budgets of the Water and Sewer Department for the sewerage system or for the waterworks system in excess of the anticipated revenues from such systems, respectively, except that, in the event such revenues shall be insufficient therefor, there shall be included in said budgets, respectively, such amounts as may be required for the payment of interest on or principal of indebtedness, other than indebtedness payable solely from such revenues, assumed or incurred by the Town in connection with the acquisition, construction or improvement of the sewerage system and sewage treatment works or of the waterworks system, as the case may be. Bonds of the Town issued pursuant to number 542 of the Special Acts of 1953 shall be deemed to be issued to acquire the water system and for water supply for the purposes of this Charter and of § 7-374 of the 1958 General Statutes, as they may from time to time be amended. No provision of this Charter shall be construed to prohibit the issuing of general obligation bonds for capital improvements relating to the water and sewer facilities or as restricting the powers of the Town under the provisions of Chapters 102 and 103 of the General Statutes (Rev. of 1958), as they may from time to time be amended.
(2) 
(a) Creation of reserve fund for Water Department. The Board of Directors, by a majority vote, may create a reserve fund for capital and nonrecurring expenditures of the Town Water Department to be known as the Water Department "Reserve Fund for Capital and Nonrecurring Expenditures."
(b) 
Procurement of fund. The Board of Directors may authorize the payment into such reserve fund (a) all or a part of the cash surplus of the Water Department available at the end of any fiscal period and an appropriation in the annual Water Department budget. All money so accumulated, together with all interest that may accrue thereon, shall be deposited in a separate bank account by the Director of Finance and may be invested and reinvested from time to time in securities which are legal investments for savings banks.
(c) 
Use of fund. Upon approval by the Board of Directors, any part or the whole of such fund may be used for capital and nonrecurring expenditures for the Water Department, but such use shall be restricted to the financing of all or part of the planning, construction, reconstruction or acquisition of any specific capital improvement or the acquisition of any specific item of equipment. Upon the approval of any such expenditure, an appropriation account shall be set up plainly designated for the project or acquisition for which it has been authorized and any unexpended portion of such appropriation shall continue until such project of acquisition is completed. Any unexpended portion of any such appropriation remaining after such completion shall revert to said reserve fund.
(d) 
Discontinuance of reserve. Said reserve fund may be discontinued at any time by the Board of Directors, and the unexpended and unappropriated balance of said fund shall be transferred to the General Fund of the Town Water Department.
(3) 
(a) Creation of a reserve fund for Sewer Department. The Board of Directors, by a majority vote, may create a Reserve Fund for capital and nonrecurring expenditures of the Town Sewer Department to be known as the Sewer Department "Reserve Fund for Capital and Nonrecurring Expenditures."
(b) 
Procurement of fund. The Board of Directors may authorize the payment into such reserve fund (a) all or a part of the cash surplus of the Sewer Department available at the end of any fiscal period and an appropriation in the annual Sewer Department budget. All money so accumulated, together with all interest that may accrue thereon, shall be deposited in a separate bank account by the Director of Finance and may be invested and reinvested, from time to time, in securities which are legal investments for savings banks.
(c) 
Use of fund. Upon approval by the Board of Directors, any part or the whole of such fund may be used for capital and nonrecurring expenditures for the Sewer Department, but such use shall be restricted to the financing of all or part of the planning, construction, reconstruction or acquisition of any specific capital improvement or the acquisition of any specific item of equipment. Upon the approval of any such expenditure, an appropriation account shall be set up plainly designated for the project or acquisition for which it has been authorized, and any unexpended portion of such appropriation shall continue until such project or acquisition is completed. Any unexpended portion of any such appropriation remaining after such completion shall revert to said Reserve Fund.
(d) 
Discontinuance of reserve fund. Said reserve fund may be discontinued at any time by the Board of Directors, and the unexpended and unappropriated balance of said fund shall be transferred to the General Fund of the Town Sewer Department.
[1]
Editor's Note: Former Sec. 12-6, Water and sewer assessment for extenions and laterals, as amended, was repealed by referendum 11-4-2003.
[1]
Editor's Note: Former Sec. 12-7, Procedure for assessments for extensions, as amended, was repealed by referendum 11-4-2003.
[1]
Editor's Note: Former Sec. 12-8, Payment and due date of assessment, as added 7-26-1949 and as amended, was repealed by referendum 11-4-2003.
[1]
Editor's Note: Former Sec. 12-9, Notice in case of exceptions, as added 7-26-1949, was repealed by referendum 11-4-2003.
[1]
Editor's Note: Former Sec. 12-10, Supply of water, as added 7-26-1949 and as renumbered 11-6-1973, was repealed by referendum 11-4-2003.
[Added by Sp. Act, Jan. Sess., 1949, Sp. No. 503, Sec. 9, 25 C.S.A. 1232, approved 7-26-1949; renumbered by referendum 11-6-1973]
The Town shall not be liable for any damage caused by failure of the water supply, change of or lack of pressure or the shutting off of water, with or without notice, for repairs or other necessary operations. Water consumers shall so regulate their installations connected with the water supply system that damage will not occur if water is shut off without notice.
[1]
Editor's Note: Former Sec. 12-12, Connection charge, as added 7-26-1949 and as renumbered 11-6-1973, was repealed by referendum 11-4-2003.
[1]
Editor's Note: Former Sec. 12-13, Agreement with property owner, as added 7-26-1949, as amended, and as renumbered 11-6-1973, was repealed by referendum 11-4-2003.
[Added by Sp. Act, Jan. Sess., 1953, Sp. No. 559, 26 C.S.A. 1109, approved 6-30-1953; amended by Sp. Act, Jan. Sess., 1957, Sp. No. 52, Sec. 10, 28 C.S.A. 75, approved 4-8-1957; renumbered by referendum 11-6-1973]
Whenever in the opinion of the Board of Directors public convenience and necessity require the addition of material, equipment and services to the distribution system to supply water to residents of the Town of Glastonbury served now or in the future by the Town of Manchester, the Board of Directors may increase the rate or charge for water to such residents of Glastonbury by an amount necessary to amortize the cost of such additional material, payment and services.