[Amended by referendum11-8-2022]
All records of the Town, including those of
all its departments, commissions, boards, bureaus and other officers,
shall have the same validity as records of Town Clerks and shall be,
either by themselves or by certified copies thereof under the hand
of the Town Manager and the Seal of the Town, evidence in all courts
of the truth of the matters contained therein.
[Amended by referendum 10-5-1964]
In the construction of this Charter, unless the contrary intent shall appear herein, the same construction shall be given the words and phrases used herein as set forth in §§
1-1 and
1-2, 1-1b, 1-1c, 1-1d, 1-1e, 1-1f, 1-1g, 1-3, 1-3a, 1-3b of the 1958 Revision of the General Statutes, and amendments thereto, so far as said section is [sections are] applicable to this Charter, but in no event shall the language used in the titles of the chapters and sections herein limit or restrict the words and phrases contained herein.
The Town may maintain action or proceeding in
a court of competent jurisdiction to compel compliance with, or to
restrain by injunction the violation of, any ordinance of the Town,
notwithstanding that the ordinance may provide a penalty for such
violation.
[Amended by referendum11-8-2022]
The powers which are conferred and the duties
which are imposed upon any commission, board or office under the General
Statutes or Special Acts concerning the Town, or any ordinance or
regulation in force at the time this Charter shall take effect, if
such commission, board or office be abolished by this Charter, shall
be thereafter exercised and discharged by the department, commission,
board, bureau or office upon which are imposed corresponding or like
functions, powers and duties under the provisions of this Charter.
All commissions, boards or officers, whether elected or appointed,
abolished by this Charter, or whose method of appointment is changed
by the provisions of this Charter, shall continue in the performance
of their duties only until provision shall have been made for the
discontinuance of such commissions, boards or officers, and the performance
of their duties by other departments, commissions, boards, bureaus
or officers created under this Charter and until the Town Manager
shall have notified the members of such commissions, boards or officers
that their successors have been appointed.
The adjudging of any provision of this Charter
to be unconstitutional or otherwise invalid shall not affect the validity
of any other provisions hereof.
[Amended by referendum11-8-2022]
Each department, commission, board and bureau
of the Town when it shall have adopted any rules or regulations for
the conduct of its affairs or for the administration of matters within
its jurisdiction shall, within thirty (30) days after the adoption
of such rules and regulations or any amendments thereto, file the
same with the Town Clerk and with the Town Manager where they shall
be open for inspection at any reasonable time by any elector or taxpayer.
[Amended by Sp. Act, Jan. Sess., 1949, Sp.
No. 475, Sec. 11, 25 C.S.A. 1196, effective 7-1-1949; amended by referendum 4-30-1968; amended by
referendum11-8-2022]
Each special election, except special elections
subject to the provisions of § 9-164(b) of the General Statutes,
shall be called by a warning which shall specify the objects for which
such election is to be held. Notice of a special election shall be
given by a printed or written warning signed by the Town Manager and
published in a newspaper having a circulation in the Town, such publication
to be at least five (5) days previous to holding the election, including
the day that notice is given and any intervening Sunday, but not including
the day of holding such election. The person who shall cause to be
published the warning for any special election shall make a return
in writing to the Town Clerk, showing the notice given of such warning,
and such return shall be kept on file and recorded at length with
the record of such election.
All general laws applicable to the Town and
all ordinances and bylaws of the Town shall continue in full force
and effect, except as they are inconsistent with the provisions of
this Charter. All Special Acts or parts of Special Acts relating to
the Town are repealed with the exception of the following, which shall
continue to apply in full force and effect except as they are inconsistent
with the provisions of this Charter:
(a) Resolution Incorporating the Town of Manchester, passed
May 1823. [See Special Acts Art. 1 in this volume.]
(b) An Act Authorizing the Town of Manchester to Issue
Bonds, approved June 14, 1921. [See Special Acts Art. 5 in this volume.]
(c) House Joint Resolution Authorizing the Town of Manchester
to make a contract with the New York, New Haven and Hartford Railroad
Company for the construction and maintenance of a park or common on
land of the said Railroad Company in said Town of Manchester, approved
May 5, 1905. [See Special Acts Art. 4 in this volume.]
(d) An Act Authorizing the Town of Manchester to pension
its appointive officers and employees, approved June 5, 1923. [See
Special Acts Art. 15 of this volume]
(e) An Act Authorizing the Town of Manchester to purchase
the franchises and property of the South Manchester Water Company
and the South Manchester Sanitary and Sewer District, approved April
10, 1933. [See Special Acts Art. 7 of this volume.]
(f) An Act Concerning the closing of a highway in the
Town of Manchester, approved April 4, 1935. [See Special Acts Art.
8 of this volume.]
(g) An Act Consolidating the schools of the Town of Manchester,
approved March 31, 1931, excepting section 6 of said Act which is
expressly repealed. [See Special Acts Art. 6 of this volume.]
(h) An Act Authorizing the Ninth School District of Manchester
to transfer its assets to the Town of Manchester, approved May 8,
1935. [See Special Acts Art. 9 of this volume.]
(i) In Act Authorizing the Town of Manchester to bring
an action against the state, approved June 10, 1941. [See Special
Acts Art. 10 of this volume.]
(j) An Act Authorizing the Town of Manchester to establish
a retirement system for its employees, approved March 31, 1943. [See
Special Acts Art. 15 of this volume.]
(k) An Act Authorizing the Town of Manchester to bring
an action against the state, approved August 9, 1945. [See Special
Art. 11 of this volume.]
In case of any conflict of authority between
the Town of Manchester and any district incorporated within the limits
of said Town, the authority of said Town shall prevail.
[Added by referendum 11-5-1991]
Whenever the male gender or female gender is
used in this Charter, it shall be construed to include both male and
female persons.