Town of Windsor Locks, CT Sewerage System

Section 1. The town of Windsor Locks is authorized to lay out, construct, alter, maintain, repair, replace and renew sewers and a system or systems of sewers and sewerage disposal plant, with appurtenances, in accordance with this act.

Section 2. The board of sewer commissioners of the town shall be constituted and elected pursuant to number 204 of the special acts of 1957 and shall include the selectmen of the town who shall be ex-officio members of the board. Each member shall be sworn to the faithful discharge of the duties of his office and shall cause a certificate of his oath to be recorded in the office of the town clerk. Any vacancy in the membership, except a vacancy among the selectmen, shall be filled by the other members for the unexpired portion of the term.

Section 3. Immediately after the passage of this act, the board of sewer commissioners shall meet and choose from its members, both regular and ex-officio, a president and a vice-president, who shall hold office until their successors are chosen. Thereafter such officers shall be chosen at the annual meeting of the board, which shall be held on the first Tuesday after the first Monday of October in each year, to hold office for the term of one year and until their successors are chosen and qualified. The town treasurer shall be, ex-officio, the treasurer of said board. Said board may employ a secretary and other necessary agents and servants, and may fill any vacancy in the office of president and vice-president until its next annual meeting.

Section 4. The president or, in case of his absence or disability, the vice-president, shall preside at the board meetings. The secretary shall keep a record of all the board's proceedings and preserve its papers. The treasurer shall keep an accurate account of all moneys received and paid out by him, and shall keep the orders and vouchers upon and for which payments are made. All records, accounts and papers shall be opened to the inspection of the inhabitants and taxpayers of the town. No money shall be paid out by the treasurer except upon a written order signed by the president or vice-president and one other member of the board.

Section 5. The treasurer and the secretary shall receive from the town such compensation as the board shall fix from time to time. The commissioners shall receive no compensation for their services as such. The board may draw orders upon the town treasurer, as prescribed in section 4, to pay its secretary's and treasurer's compensation and its necessary operating expenses.

Section 6. Said board is authorized to lay out, construct, alter, maintain, repair and renew sewers and a system or systems of sewers, including sewerage disposal plant and appurtenances, in streets and highways and in public and private lands in said town; and to agree with the owners of lands or of interest therein upon the price or damages to be paid for appropriate rights or titles in such lands or interests therein for the sewers and work herein authorized, making compensation therefor as hereinafter provided. After the construction of a new sewer or sewers, or system or systems of sewers in the unsewered areas of the town, said board shall assess such portion of the cost thereof as shall not be assumed by the town, in such proportions and amounts as shall be just and reasonable upon the owners of real property specially benefited or improved thereby, whether abutting upon the street or land containing a sewer or not. The cost of alteration, repair, renewal, replacement and maintenance of all sewers or sewer systems and sewerage disposal plant, with appurtenances, shall be paid for by the town and the cost thereof shall not be paid for by special assessment.

Section 7. When taking the necessary easements or rights in private lands, or entering thereon, for the sewers and work herein authorized, the board shall agree with the owner or owners thereof and of interests therein upon the damages or price to be paid for such land, or rights therein, and shall pay to them the price or damages agreed upon. If the board is unable to agree with them upon the same, it shall appraise the damages and shall pay the same to such owner or owners, but if they refuse such payment or if they cannot be located the board shall deposit the same with the town treasurer to their credit. The board shall fix a time and place for a hearing and give notice thereof to every owner of an interest in the land to be appraised, by one of its officers or, when the owner's post office address is known, by mail, at least six days before the day of such hearing. At such hearing every owner shall be given an opportunity to be heard, to present witnesses and to have counsel. If the whereabouts of any owner is unknown to the board, the judge of the court of common pleas for Hartford county or a judge of the superior court shall direct as to the manner of giving notice of such hearing. Upon the completion of the appraisal the board shall record the same in its records and give notice to each owner of the damages awarded him, by one of its officers or by mail, if his post office address is known, otherwise by the same means as the judge of the court of common pleas or judge of the superior court prescribed in the order of notice of the hearing. A copy of all such appraisals shall be filed in the town clerk's office and recorded in the land records.

Section 8. Any person aggrieved by an appraisal of damages may appeal to the court of common pleas for Hartford county, within fifteen days after the filing of the appraisal in the town clerk's office, which appeal shall be a written application for a reappraisal, with a citation annexed, signed by an authority competent to sign civil process and returnable before said court within thirty days after the filing of said appraisal with the town clerk, and served upon the president or secretary of the board not less than six days before the return day. The presiding judge may himself, or by a committee if the appointment of a committee is requested by all parties, reappraise said damages or confirm the appraisal made by the board. If the judge finds that other persons, not parties, are interested in the determination of the appeal he may cause them to be made parties and shall have such notice given them as he deems proper. If said judge shall increase the appraisal appealed from he shall award costs, including committees' fees, to the appellants, otherwise to the town, and issue execution therefor, according to the rules of the superior court relating to costs in civil actions. Upon the final determination of an appeal said judge shall return his finding and judgment, containing the report of any committee accepted by him, and all other papers in such appeal, to the board, which shall record in its records such finding and judgment and cause the same to be recorded in the land records of said town. Appraisals of damages thus completed shall be binding upon all persons and property affected thereby, and the land, or interests therein, thus appraised shall be the property of the town for the public uses herein authorized.

Section 9. In the alternative, the board shall have the right to condemn land as provided in chapter 835 of the general statutes.

Section 10. After the completion by said board of a new sewer or sewers, or system or systems of sewers, in the unsewered areas of the town, said board shall determine the entire costs of the construction thereof, including land damages, engineering, legal and appraisal expenses, and shall assess such portion of the total cost as shall not be assumed by the town, in such amounts and manner as shall be just and reasonable upon the owners of lands and buildings specially benefited thereby, whether abutting upon the street or land containing a sewer or not. The board shall fix a time and place for a hearing and give notice thereof by two publications, one week apart, in one or more newspapers having a circulation in Windsor Locks, the last publication to be not less than four days before the day of the hearing. At the hearing, said board shall give every owner of land or buildings in the town who shall attend an opportunity to be heard, to present witnesses and to have counsel. Such assessments having been completed the board shall prepare and record in its records a report of the same, stating the person, the property and the amount assessed, and cause the same to be filed and recorded in the town clerk's office, and, with a notice of the officer to whom and the times when said assessments are payable, to be published twice in one or more newspapers having a circulation in the town.

Section 11. Any person aggrieved by such assessments of benefits may appeal or unite in an appeal therefrom, within thirty days after the first publication of the report, to the court of common pleas for Hartford county, which appeal shall be a written application for a reassessment, with a citation attached thereto, returnable in not less than six nor more than twenty days from its date, and served upon the president or secretary of the board at least six days before the return day. All appeals shall be consolidated and heard and determined as one. The presiding judge may himself, or by a committee if the appointment of a committee is requested by all the parties, reassess the benefits and correct errors in the report of the assessments or confirm the assessments made by the board. If the judge shall find that other persons, not parties, may be affected adversely by the determination of the appeal he may make them parties and cause such notice to be given them as he deems proper. The judge may, in his discretion, tax costs, including committees' fees, against or in favor of any party or parties, and issue execution therefor, according to the rules of the superior court relating to costs in civil actions. Upon the final determination of such appeal the judge shall return his finding and judgment, with the report of the committee, if any, and all other papers to the board, which shall record in its records the finding, judgment and report and cause the same to be filed and recorded in the town clerk's office. Such assessments having been thus completed shall be binding upon all the persons and property affected thereby.

Section 12. Every assessment of benefits shall be a lien upon the land on account of which it was assessed, which lien shall begin and attach to said land from the time of the filing of the sewer commissioners' report with the town clerk, and it shall have priority over all mortgages and other liens on said land except tax liens. Three months after the filing of said report, the board shall file with said town clerk a certificate of lien on all properties on which such assessments have not been paid in full, signed by the secretary of the board, identifying the premises, stating the amount assessed and the nature of the work for which such assessment was made. The cost of recording such sewer lien certificate shall be one dollar and for recording release of lien, one dollar and ten cents, and such costs shall be paid for in the same manner as are real property tax liens.

Section 13. Said liens may be foreclosed by the treasurer of the board in the name of said town in the manner provided by law for the foreclosure of tax liens.

Section 14. All such assessments shall be paid to the treasurer of the board in ten equal annual instalments. The first instalment shall become due two months after the filing of the board's report in the office of the town clerk and shall be payable within one month thereafter. The remaining nine instalments shall become due annually after said due date and shall be payable within one month thereafter. If any instalment is not paid within one month after said due date, such instalment shall bear interest at the rate of one-half of one per cent per month, or any part thereof, from the due date.

Section 15. The cost of alteration, repair, renewal, replacement and maintenance of all sewers or sewer systems and sewerage disposal plant, with appurtenances, shall be paid for by the town and the cost thereof shall not be paid for by special assessment.

Section 16. The board of sewer commissioners shall have control and supervision of all sewers, sewer systems, sewerage disposal plant and appurtenances wherever located in the town, and may discontinue and connect them as they find it necessary to do so.

Section 17. The town may make rules and regulations concerning its sewers to preserve them from encroachments, injury and misuse and to protect the health and safety of the inhabitants and it may fix penalties for violation thereof as provided in chapter 98 of the general statutes for violation of municipal ordinances and regulations.

Section 18. This act shall become effective when ratified by a majority of those voting at a referendum called and advertised by the board of selectmen within three months from the date of passage of this act. All those entitled to vote at a town meeting shall be entitled to vote at such referendum. The moderator of such referendum shall be appointed by the board of selectmen.

Section 19. Number 266 of the special acts of 1913 is repealed.