(Sp. Laws 1913, No. 352, § 22; Charter Amendment 11-8-1983; Charter Amendment 11-4-2003, effective 12-4-2003.)
All electors of this state dwelling within the territorial limits
of the Second Taxing District are hereby constituted a body politic
and corporate by the name of the "Second Taxing District of the City
of Norwalk" and, by that name, shall be capable of suing and being
sued, pleading and being impleaded, purchasing, holding, selling and
conveying any estate, real or personal, and of having a common seal,
and as such corporation shall succeed to and possess all the property,
both real and personal, of the City of South Norwalk, together with
all the rights, powers, franchises, privileges and immunities heretofore
granted to the City of South Norwalk and to the Water Commissioners
of said city in relation to the taking of water, the construction,
maintenance and operation of waterworks and supplying water for the
use of said City of South Norwalk and the inhabitants thereof and
any other persons or corporation as the said Second Taxing District
shall determine, together with all property, rights and interest hereto
acquired by said city or the Water Commissioners of said city for
the purpose of supplying water as aforesaid and all the rights, privileges
and powers said city has acquired by virtue of having complied with
the requirements of Section Two of Chapter CCXXXI of the Public Acts
of 1893 and all property acquired by said city as a part of its electric
light and power plant and all of said property, rights, powers, franchises,
privileges and immunities are hereby vested in and confirmed to said
Second Taxing District. Said Second Taxing District is hereby authorized
to manage, operate and control said water system and electric light
plant with the same authority, rights and liabilities and in the same
manner as said City of South Norwalk, whether within the limits of
said Second Taxing District or beyond, and, except as herein otherwise
provided, to care for, maintain and to keep in repair all estate,
both real and personal, which said district may possess wherever located
and to sell and convey any of said property, any property held by
said city in trust excepted, and apply the proceeds to the reduction
of the indebtedness of said district only. Said Second Taxing District
shall succeed to and possess all the rights and privileges heretofore
possessed by said City of South Norwalk in respect to the public library
of said city and shall continue to support and maintain the same.
The District Commissioners shall have the authority to provide for
public library services by the lease of District property and/or by
contracting with the City of Norwalk or other qualified library service
entity; provided no lease or contract shall be executed unless the
District Commissioners conduct a duly noticed public hearing prior
to the execution of any such lease or contract.
(Sp. Laws 1913, No. 352, § 23; Charter Amendment 11-8-1983.)
All the inhabitants and property within the limits of said Second
Taxing District shall be liable to taxation by the city to defray
the burdens, expenses and liabilities of all kinds existing against
the former City of South Norwalk at the passage of this act and such
liabilities as said taxing district may become liable for under the
provisions of this act.
Said Second Taxing District is hereby authorized to use the
water of any stream, lake or pond, either surface or subsurface, in
whole or in part, within the limits of the towns named in an act entitled
"An Act to Provide a Supply of Pure and Wholesome Water to the City
of South Norwalk," approved July 22, 1874, and, with the restrictions
expressed in said act, to hold, convey and distribute such water to
the persons and corporations whom it may supply by means of any necessary
reservoirs, pipes, aqueducts, pumps and other suitable works, in such
quantities as the necessities of said district may require; to purchase
water from, sell water to or exchange water with any other community,
public or private water company, as may be necessary or advisable;
to take and hold any lands, property or privileges; and to exercise
any powers, including the power of eminent domain, that may be necessary
or convenient for said district in order that a satisfactory supply
of water may be obtained and the same stored and distributed to the
persons and corporations said district may supply; and in like manner,
said district may take and hold any lands, property or privileges
and to exercise any power, including the power of eminent domain,
necessary for said district in order to maintain an adequate supply
and for appropriate installations for and transmission of electric
power to the persons and corporations said district may supply.
Said Second Taxing District may enact, modify, amend or repeal
ordinances which it deems necessary to operate said district, including
such rules, regulations, policies and procedures it deems necessary
to define and govern the powers, duties, responsibilities, administration
and operations of the district; provided, however, no ordinance, inconsistent
with the scope of the district's power, duties and responsibilities,
as specified in the District Charter, Special Acts of the Legislature
or the Connecticut General Statutes shall be enacted.
Ordinances shall be enacted, altered or repealed, by a majority
vote of the electors present and voting, at a special, regular or
annual meeting of the district electors, duly noticed and warned for
that purpose. Ordinances so enacted shall become effective 15 days
after publication in a daily paper of circulation in the City of Norwalk.
Ordinances shall be proposed by a majority vote of the District
Commissioners, at a regular or special meeting of the Commission,
or by written petition of at least 10% of the electors of the district,
as determined by the then current list of electors. A petition for
ordinance shall include the proposed ordinance, or a summary of said
proposed ordinance, prepared by the District Clerk, where the full
text of the proposed ordinance has been filed with the Clerk, by an
elector of the district, in which case the Clerk shall make available
the full text of the proposed ordinance to any person requesting a
copy.
The District Clerk shall, upon receipt of a petition, verify
that each petitioner is an elector and that 10% of the electors have
signed a valid petition. After certification of a valid petition,
the district clerk shall forward the petition for ordinance to said
District Commissioners.
When a valid proposed ordinance is before the district either
through electors' petition or an action of the District Commission,
the Commissioners will schedule an electors' meeting to act on
said proposed ordinance within 30 days. Said electors' meeting
shall be noticed and warned in a daily paper of circulation in the
City of Norwalk at least 10 days before said meeting.
(Sp. Laws 1913, No. 352, § 24; Charter Amendment 11-8-1983; Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
The notice of the time, place and agenda of all meetings of
the electors residing in said taxing district shall be given by said
Board of Commissioners by publishing in a newspaper having a circulation
in said district at least 10 days before said meeting.
The notice of the time, place and agenda of all regular and
special meetings of commissions, boards or committees of said district
shall be published in a newspaper having a circulation in said district
at least 24 hours before said meeting. In the case of an emergency,
a special meeting may be held without the notice specified by this
section, provided the minutes of such emergency meeting adequately
sets forth the nature of the emergency and the business transacted
at such meeting, and the minutes shall be filed with the District
Clerk not later than 72 hours following the holding of said emergency
meeting.
The Board of District Commissioners shall file with the Clerk
of said district, by December 31, a schedule of the regular meeting
of the Board for the ensuing year. All meetings of the Board not filed
as a regular meeting shall be considered a special meeting.
All meetings, notices, agendas, record of meetings and procedures
shall comply with the requirements and provisions of the Connecticut
General Statutes, as amended, in addition to the requirements included
herein.
The annual meeting of the electors residing in said taxing district
shall be held on the third Tuesday of November for the purpose of
hearing the reports of the Commissioners of said district and acting
on such matters as may properly be brought before said meeting. Special
meetings of the electors of said district may be called by said Board
and shall be called upon written petition of at least 10% of the electors
of said district as determined by the then current list of electors
maintained by the Registrar of Voters of the City of Norwalk to consider
and act upon the matters set forth in such notice of petition. The
right of electors to vote at all district meetings shall be determined
by the then current voting list so maintained. The notice and agenda
of all meetings of the district and its commissions, boards and committees
and all notifications and postings of the District Clerk shall be
posted on a public meeting board outside the office of said district.
Not fewer than 15 electors of the district shall constitute
a quorum for the transaction of business at any meeting of the district,
and, if 15 electors are not present at such meeting, any District
Commissioner, or the District Clerk, shall adjourn the meeting to
a time and place certain. At any meeting of the district where a quorum
is present, said meeting may be adjourned to a time and place certain
by a majority vote of the electors present and voting. Any such adjourned
meeting, which is rescheduled shall be warned and noticed in a newspaper
having circulation in the district, at least five days before said
rescheduled meeting. A copy of the notice of adjournment, including
the time, date and place of the adjourned meeting, shall be conspicuously
posted on or near the door of the place where the regular or special
meeting was held, within 24 hours after the time of adjournment.
(Sp. Laws 1913, No. 352, § 25; Charter Amendment 11-8-1983; Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
Said district shall elect a seven-member Board of District Commissioners,
who shall also serve as Water Commissioners and Electrical Commissioners,
and a Treasurer of said district, all of whom shall be, at the time
of their election and throughout their term, electors of said district
and domiciled therein; and all of whom shall be sworn to a faithful
discharge of their duties, shall hold their office as hereinafter
provided and shall receive such compensation as said district determine
at each annual meeting.
(a)
Said Commissioners shall appoint a Clerk, who shall receive reasonable
compensation as determined by said Commissioners. It shall be the
duty of said Clerk to keep a record of all the transactions and meetings
of said district and all of its commissions, boards and committees
and discharge such duties as said Commission may prescribe or as prescribed
by ordinances of said district.
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The District Clerk shall perform all duties as prescribed in
the General Statutes to be performed by the Clerk of the municipality,
or the Clerk of the district, or the Clerk as to the extent such specific
statutes are applicable to said district.
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The District Clerk, for the purpose of keeping a record of meetings,
may designate assistant(s) to assist with the discharge of the duties
of the Clerk.
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(b)
All meetings of said district shall be electronically recorded, and
suitable means to electronically record all meetings shall be provided
by the clerk.
(c)
Said Commissioners shall appoint District Legal Counsel, who shall
serve as sole legal counsel to the district and all of its commissions,
elected officials, district officers, agencies, boards, water and
electric utilities and other operations. District Legal Counsel shall
be appointed for a one-year term commencing each July 1. However said
Commissioners may replace District Legal Counsel at their discretion
during a term. District Legal Counsel shall advise the district and
all of its commissions, elected officials, district officers, agencies
boards, water and electric utilities and other operations, on all
matters of law, pertaining to their respective offices and/or duties.
Said Commissioners may also make specific appointments of special
legal counsel as necessary, to provide specialized legal counsel at
the recommendation of District Legal Counsel or on their own motion.
(d)
Said, Commissioners may employ such personnel as may be reasonably
necessary to manage, operate, control and keep in repair the real,
personal and mixed estate of said district.
(e)
Said Commissioners, with regard to all of the affairs of the district
shall have all the powers and discharge all the duties as given to
and required of Selectmen of towns as set forth in Section 7-12 of
the General Statutes, as amended, and shall be generally responsible
for the conduct of the affairs of said district.
(f)
Said Board of District Commissioners shall have all the powers and discharge all the duties of the Board of Electrical Commissioners as set forth in Connecticut General Statutes Chapter 101, Sections 7-213 through and including 7-233hh and with respect to the Waste Department Chapter 102, Sections 7-234 through and including 7-244a, as amended, except where those sections are inconsistent with this Charter.
(g)
Said Board of District Commissions shall appoint for terms of three years each two members of the Norwalk Public Library Board, in accordance with Chapter 87 of the Code of the City of Norwalk, Connecticut. Said members shall, at the time of their appointment and throughout their terms be electors of the Second Taxing District and be domiciled therein.
(Sp. Laws 1913, No. 352, § 25; Charter Amendment 11-8-1983; Charter Amendment 11-7-1995, effective 12-7-1995.)
(h)
The Board of District Commissioners shall elect from their members
a Chairperson and a Vice Chairperson who will serve for a period of
two years from the date of election by the Board of Commissioners
at the first meeting after each regular biennial municipal election
in November of the odd numbered years, in the following manner:
(1)
At the first meeting of the Board of District Commissioners, after the combination of the Board of Electrical Commissioners and the Board of District Commissioners, and the election of a seventh commissioner, as provided in § 1-78A, on or before January 31, 2004, the Board of District Commissioners shall elect from its members one person to serve as Chairperson and one person to serve as Vice Chairperson until the first meeting of the District Commissioners after the regular biennial municipal election in November, 2005 or until successors have been duly elected and qualified.
(2)
Thereafter, at the first meeting of the Board of District Commissioners
after the regular biennial municipal election, the Board shall select
a person to act as Chairperson and one person to serve as Vice Chairperson
from among its members for a term of two years or until successors
have been duly elected and qualified.
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The Chairperson shall preside at all meetings of the electors
and Board of District Commissioners; present a report of the condition
and operations of the District at the annual meeting; present a report
on the proposed budget at the annual budget meeting; cause to be called
all regular and special meetings of the electors and Board of District
Commissioners; set the agenda for all meetings of the electors and
Board of District Commissioners after the consultation with the Vice
Chairperson; appoint such committees and/or subcommittees of the Board
of District Commissioners as may be required or desirable from time
to time; perform all of the duties incident to the office and which
are required by law; and perform such duties and functions as the
electors or Board of District Commissioners may assign from time to
time. The Chairperson shall call a special meeting of the electors
or Commissioners upon written petition by a majority of the Board
of Commissioners, which petition shall include the agenda for such
meeting. During the absence or incapacity of the Chairperson, the
Vice Chairperson shall preside over meetings and shall perform the
duties of the Chairperson.
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(Charter Amendment 11-4-2003, effective 12-4-2003.)
(1)
The members of the Board of Electrical Commissioners in office on
December 1, 2003, shall be combined with the members of Board of District
Commissioner in office on December 1, 2003, to form a six-member Board
of District Commissioners. Each Commissioner shall remain in office
for the remainder of their current six-year elected term and until
their successor is elected at a regular biennial municipal election.
The six-member Board of Commissioners shall call on or before January
31, 2004, a special elector's meeting for the purpose of electing
a seventh Commissioner. The seventh Commissioner shall be elected
by the electors of the District at duly warned and noticed meeting
with due regard for Section 9-167a of the Connecticut General Statutes,
Minority Representation, until a successor is elected for a six-year
term at the regular biennial municipal election of city and town officers
of 2005.
(2)
Method of election.
(a)
At the regular biennial municipal election in 2005, three persons
shall be elected as members of the Board of District Commissioners
for a term of six years, or until their successors are duly elected
and qualified. Thereafter, three members of the Board will be elected
every six years.
(b)
At the regular biennial municipal election in 2007 and 2009, two
persons shall be elected as members of the Board of District Commissioners
for a term of six years, or until their successors are duly elected
and qualified. Thereafter, two members of the Board will be elected
every six years.
(Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
The Second Taxing District shall elect a District Treasurer,
who shall perform the following duties:
1.
Maintain the financial records and accounts of the General Second
Taxing District Government, and approve all payments from the General
Second Taxing District accounts to be made by the District Commissioners.
2.
Periodically, but not less than annually, review records and accounts
of the Second Taxing District General Government, including the cash
receipts and disbursements of each, and report to the electors at
the annual meeting the results of such examination.
3.
Periodically, but not less than annually, review records and accounts
of the Second Taxing District Electric Water Departments, including
the cash receipts and disbursements of each, and report to the electors
at the annual meeting the results of such examination.
4.
Coordinate with the auditors during the auditing process, and review
the final audit report, prior to its presentation to the electors,
at the annual meeting of the Second Taxing District. At said annual
meeting, report on the financial condition of the Second Taxing District;
and make any recommendations to the electors concerning the accounts
and operations of the finances of said district deemed appropriate
by said Treasurer.
5.
Perform such other duties customarily performed by the Treasurers
of municipalities in appropriate cases, and as may be assigned from
time to time by the electors at the annual meeting or at a special
meeting called for that purpose.
6.
In the event that a district tax shall be necessary, the Treasurer
shall certify the financial condition of the district and the amount
to be raised by taxation to the District Commissioners and to the
Norwalk Board of Estimate and Taxation.
7.
Execute such certifications as may be required by law or for the
management of the financial affairs of the Second Taxing District.
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Any provisions of the Charter of the Second District which require
the Treasurer to directly and personally receive the funds raised
by taxation or otherwise by the district, or to receive monies collected
by the Water Department or the Electric Department are superseded
by this section.
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(Sp. Laws 1913, No. 352, § 26.)
Said District Commissioners are hereby authorized to purchase and take conveyances in the name of said Second Taxing District of all lands, property and privileges necessary or convenient for the purposes of this act; to hold in sufficient quantities the water of any stream, either within or without said district, and in either of the towns as set out in § 1-76, by the construction of suitable dams; to enter upon any lands near such proposed dams and procure earth, stone or other material for the construction and maintenance thereof and to make suitable wasteways for the surplus water of such streams; to change the location of any road or pathway which may be covered by the waters of any reservoirs so formed and to take land therefor; to enter upon and make use of the ground or soil under any railroad, street, private way or public or private grounds; to lay, construct and maintain all necessary pipes, pumps and aqueducts in such manner as least to damage or impede travel thereon; to make contracts for labor and materials for the general purpose of said waterworks; to establish public reservoirs; to erect and maintain hydrants under the direction of the Council of the city; to make rules and regulations regarding the use and distribution of said water and establish the prices to be paid therefor; to collect all water rents and pay the same to the Treasurer of said district; to admit, allow and draw orders on said Treasurer for the payment of all claims against said district on account of said waterworks, including payment of interest on notes and bonds issued on account of such works; to attend to the construction, care, supervision and management of said waterworks; to appoint Directors of the public library of said district as vacancies in the Board shall occur; to care for, maintain and keep in repair, except as herein otherwise provided, all the property of said district, with the power to lease or sell the same, delivering the income and proceeds of such sales to the Treasurer of said district and to apply the proceeds therefrom in such manner as said District Commissioners may be authorized by said district; and to exercise any powers that may from time to time be conferred upon them by said district. A majority of said Commissioners shall constitute a quorum for the transaction of any of the business of the Board.
(Charter Amendment 11-8-1983.)
A.1
Grounds for removal from elected office. Any elected official of
the district shall be subject to removal from office upon any of the
following grounds:
A.2
Special Committee; creation and action.
a.
Within 10 days after receipt of formal notice of the indictment or arrest for a felony or a misdemeanor involving misconduct in office or of competency hearing pursuant to C.G.S. Section 45-70c or removal of domicile from the Second Taxing District of the City of Norwalk of an elected official of the district, a Special Committee shall be selected by the District Commissioners. The purpose of the Special Committee shall be to consider those matters set forth in Subpart (e) of this Article. In the event the District Commissioners fail to select those electors as members of the Special Committee within the said ten-day period, the electors, at a special meeting called for that purpose in accordance with § 1-77, shall elect three persons to be members of said Committee.
b.
Said Special Committee shall consist of the following: 1. all elected
officials of the District serving in office at the time of formal
notice, excluding those elected officials who are the subject of the
Special Committee's examination; and 2. three electors of the
district chosen by those District Commissioners serving in office
at the time of formal notice, excluding those subject to the Special
Committee review. The Special Committee shall continue as so constituted
until it takes final action notwithstanding intervening elections.
c.
A meeting of said Special Committee shall be held within 30 days following receipt of the formal notice of indictment, arrest or application for a hearing to determine competency or removal of domicile all as set forth in Subsection (a) of this section. The senior District Commissioner, and, if there be none, the senior Electrical Commissioner, shall preside over the meetings of said Committee. If there are no elected officials eligible to sit on said Committee, a Chairman shall be elected from among the members of the Committee. The District Clerk shall act as secretary to the Committee, but shall have no vote.
d.
The phrase "formal notice," as used in this Article, shall mean receipt
by the District Clerk of a written instrument issued by any public
official having knowledge of the appropriate events attesting to the
occurrence of that event.
e.
Written notice of the meeting of the Special Committee shall be sent
by certified mail to the elected official who is the subject of the
examination to his address in the Second Taxing District or last known
address by the said Committee not less than 15 days before the meeting
date. The notice shall specify 1. the nature of the grounds for suspension
and removal; 2. the legal consequences thereof; 3. the time and place
of the meeting. The notice shall further state that the elected official
has a right to be present at the meeting and has a right to be represented
by an attorney at his or her own expense.
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Notice of the meeting shall also be given by publication thereof
in a newspaper having a general circulation within the Second Taxing
District no more than 15 nor less than seven days before the date
of the meeting.
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f.
The Special Committee shall consider the allegations involving each
elected official so indicted, arrested, subject to competency hearing
or accused of removing his domicile, separate and apart from the allegations
involving any other elected official. The Special Committee shall
decide 1. whether there is sufficient evidence based on the facts
adduced at the hearing to require suspension of said elected official;
2. the length of said suspension if required; and 3. the terms of
reinstatement to office. These matters shall be determined by a simple
majority vote of the entire Special Committee.
g.
Upon a decision by the Special Committee to suspend an elected official,
said elected official shall be forthwith suspended from all duties,
authority and compensation relating to his or her office until reinstatement.
Upon reinstatement, all compensation due said elected official that
he would have earned had he or she not been suspended shall become
due and payable. No term of office shall be extended by any action
of the Special Committee.
h.
Within 10 days of receipt of formal notice of a plea of guilty, an
entry of a plea of nolo contendere or verdict finding said elected
official guilty of a felony or misdemeanor involving misconduct in
office or upon a finding by court of competent jurisdiction that said
official is incapable of managing his or her affairs or incapable
of caring for himself or herself pursuant to C.G.S. Section 45-70d
or upon a finding by the Special Committee that said official has
removed his or her domicile from the Second Taxing District of the
City of Norwalk, the Special Committee shall declare the office of
said official vacant and so notify the District Commission. The District
Commission shall, after receiving said notice, fill said vacancy as
provided in § 1-174 of this Charter unless within a ten-day
period after the action of the Special Committee a referendum is requested
pursuant to Section A.3 of this Charter.
i.
Within seven days of a receipt of formal notice of a verdict finding
said elected official not guilty or upon the entering of a nolle prosequi
by the State's Attorney or dismissal of a felony or misdemeanor
involving misconduct in office or upon the dismissal of the application
to appoint a conservator or similar petition or upon a finding that
said official has not removed his or her domicile from the Second
Taxing District of the City of Norwalk, the Special Committee shall
be reconvened by its Chairman for the purpose of declaring the suspension
revoked and the official reinstated to his or her office; said reinstatement
to be in accordance with the provisions of Section A.2.
A.3
Electors' right to referendum. Any provision of the Charter
of the Second Taxing District of Norwalk to the contrary notwithstanding,
the final action of the Special Committee in declaring an elected
official suspended pursuant to Section A.2h or an office vacant pursuant
to Section A.2g, unless otherwise provided by the Acts of the General
Assembly or Constitution of the State of Connecticut, shall be subject
to referendum as set out herein.
a.
The electors of the Second Taxing District may petition for a referendum
on any action taken by the Special Committee. The action of the Special
Committee shall not be subject to referendum unless a petition in
a form similar to that set out in A.3b of this Article and signed
by not less than a number of electors equal to 10% of the total number
of persons entitled to vote at the previous election is filed with
the District Clerk within 30 days of the action of the Special Committee.
Failure to so file will result in the action of the Special Committee
being final for all purposes.
b.
The form of petition shall be substantially as follows:
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The undersigned electors of the Second Taxing District of the
City of Norwalk hereby request that action of the Special Committee
(removing) (suspending) (not removing) (not suspending) (failing to
remove/suspend) from the office of be disapproved by means of a referendum
election to be held thereon.
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(Lines for the signature and addresses of 20 electors shall
follow the above.)
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The undersigned circulator hereby attests that:
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1.
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Each person whose name appears on this page personally signed
the same in my presence.
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2.
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Each person whose name appears on this page is either personally
known to me or has satisfactorily identified himself to me.
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3.
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All the signatures on this page were obtained no earlier than
six months prior to the filing of this petition with the District
Clerk for the Second Taxing District of the City of Norwalk.
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I recognize that the above statements are made by me subject
to the penalties for false statement.
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Signature of Circulator
Date
Name of Circulator
(to be typed or printed)
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c.
The District Clerk shall review all petitions returned hereunder
within five days of their receipt by him and shall certify to the
District Commissioners:
1.
The number of validated signatures necessary to equal the signatures
of 10% of the electors of the district entitled to vote at the last
election.
2.
On each page of said petitions the number of valid signatures.
3.
The total number of valid signatures.
4.
Either a. verifying the timely receipt of petitions and that they
are in proper order and contain the necessary number of signatures;
or b. shall so issue a statement that such petitions were not timely
received by him or were not in proper order or contained less than
the necessary number of signatures.
d.
No action upon the decision of the Special Committee shall be implemented
regarding any matter which is subject to referendum until 30 days
shall have passed after the date of the action by the Special Committee.
In the event that the District Clerk issues a statement verifying
the timely receipt of petitions in proper order containing the signatures
of 10% of the electors of the district, then no such suspension or
vacancy shall be effective until the referendum election on such action
is held and the action is upheld.
e.
The referendum election shall be held not earlier than 30 days nor
later than 45 days after the aforesaid verification.
f.
No decision of the Special Committee as set forth above shall be
invalidated unless at the election thereon at least 25% of the electors
of the Second Taxing District of the City of Norwalk cast a written
ballot at a special meeting of electors called for that purpose with
respect to such action, and a majority thereof disapprove said action.
A majority of the vote cast shall decide the referendum.
g.
Every referendum pursuant to this Article and the removal from office
of any elected official of said Second Taxing District of the City
of Norwalk pursuant thereto shall be binding upon the District Commissioners,
the Electrical Commissioners and the Treasurer of said district.
h.
If upon the official determination of the result of the referendum,
the suspension or removal of an elected official from office is affirmed
by the electors, the District Commission shall forthwith continue
the suspension or fill the vacancy created by the action of the Special
Committee.
i.
If upon the official determination of the result of the referendum,
the suspension or removal of the elected official is disapproved by
the electors, then said elected official shall immediately resume
his duties and emoluments of office, including compensation for such
period of time as has been withheld by reason of his suspension. In
no way shall any suspension extend his original term of office.
j.
1.
Each paragraph, subparagraph and each provision of each paragraph
and subparagraph of this Article shall be separable, and the invalidity
of any portion of any paragraph or subparagraph shall not affect the
validity or enforcement of any other portion. Should any provision
be found to be invalid as to any circumstance, such provision shall
apply to all other circumstances to which such provision may lawfully
apply.
2.
Should any provision of this Article conflict with any other provision
of any other section of this Article or any other Article of this
Charter, the provision of this Section A.3 shall apply, take precedence
over and supersede such other provision.
(Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
The following Code of Ethics shall apply to all elected officials,
appointed members of committees ("public officials") and all employees
of the Second Taxing District.
1.
A public official or employee shall not participate in any matter
in which the public official or employee has a personal or financial
interest, nor shall such person participate in any matter in which
a business that the person is associated with, or in which a member
of the person's immediate family has a personal or financial
interest. If the matter is within the public official's or employee's
duties and responsibilities, the public official or employee shall
disclose the nature of the personal and financial interest, and shall
be disqualified from participation in such matter.
2.
A public official or employee shall not participate in any business
or transaction, including employment with a private or public business,
which is incompatible with the proper discharge of the public official's
or employee's duties and responsibilities.
3.
A public official or employee shall not use, directly or indirectly,
for personal gain, any confidential information concerning the business
of the Second Taxing District, which is obtained solely by virtue
of the public position or employment held by such person, and is of
such nature that it is not, at the time of the use of such information,
a matter of public knowledge or public record, or required to be disclosed
to the public by law.
4.
A public official or employee shall not seek, solicit or accept any
compensation from any person, firm or corporation which transacts
business with the Second Taxing District, or from any person, firm
or corporation which has a direct personal or financial interest in
any matter pending before any commission, committee or department
of the Second Taxing District, or concerning a matter within the official
responsibility of the public official or employee.
(Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
1.
Election:
(A)
An Ethics Commission consisting of seven electors, no more than four
of whom shall be members of the same political party, shall be elected
at the annual meeting of the Second Taxing District, each member to
serve for a term of one year, commencing upon election at the annual
meeting and serving until the next annual meeting. If a vacancy occurs
during the one-year term, said vacancy shall be filled by the District
Commission at a regular or special meeting called for that purpose.
The vacancy shall be filled with an elector from the same political
party of the vacating member. If the vacating member was not registered
with a political party, the vacancy shall be filled with an unaffiliated
elector.
(B)
The Moderator of the annual meeting shall accept nominations for
candidates from the electors of the District, which nominations will
not require a second. Each elector so nominated shall affirm on the
record their willingness to serve or a written statement signed by
the elector of willingness to serve may be provided to the Clerk prior
to the nomination. The District Clerk shall prepare a list of the
candidates including their official political party affiliation ranked
from the highest to the lowest according to the number of votes each
receives; when the number of any one political party exceeds four,
only candidates of such political party with the highest number of
votes up to the limit of four shall be elected, and the names of the
remaining candidates of such political party shall be stricken from
the list. The next highest ranking candidates shall be elected up
to the number of seven.
2.
Duties of Commission: The principal duties of the Ethics Commission
shall be:
A.
To receive and/or initiate complaints of violations of the Code of
Ethics.
B.
To conduct investigations and private hearings on alleged violations
with complete access to all necessary and relevant district records,
and to obtain the full cooperation of all district agencies, officers,
officials and employees in connection therewith.
C.
To transmit the written findings of such hearings and/or investigations
to the District Commissioners, the electors and the individual(s)
directly involved.
D.
To render advisory opinions to the officer, employees, officials
and Commissioners of the district, or any of its committees pursuant
to written request or upon its own initiative.
E.
To make recommendations to the district for changes to the Code of
Ethics by ordinance.
3.
Procedures: The following procedures shall be followed by the Ethics
Commission:
A.
The Commission shall convene only upon:
1.
Written notice from the District Clerk of the receipt of a written
ethics complaint by an elector of the district.
2.
A request for a meeting, containing a statement for the purpose of
the meeting, submitted to the District Clerk by at least four members
of the Commission.
3.
Upon the request of the District Commissioners for a specific purpose.
B.
A meeting of the Commission shall convene within seven days after
the receipt of the request for a meeting. The Commission shall provide
written notice of the date, time and place of the meeting and the
nature of the complaint to any person who is the subject of an ethics
complaint, or concerning whom an ethics investigation has been requested.
C.
Said Commission may interview any persons who have any relevant information,
may receive any written documents, including financial information,
and may receive any information which they deem appropriate.
D.
Any person who appears before the Commission shall have the right
to be represented by an attorney. Said Commission shall have the right
to seek legal advice from the District Counsel.
E.
All meetings of the Ethics Commission concerning the investigation
of a complaint shall be conducted in executive session, convened by
2/3 vote of said Commission, for the purpose of a discussion concerning
the employment, performance or dismissal of a public officer, or an
employee, provided that the individual who is the subject of the investigation
may require that the discussion be held at an open meeting.
F.
At the conclusion of each investigation, the Commission shall issue
a written report setting forth the purpose of the investigation, its
findings and recommendations. If the Commission shall find probable
cause of a violation of the Code of Ethics, the Commission shall:
1.
In the case of an elected official, refer the written report to the
District Clerk for the initiation of appropriate action in accordance
with § 1-79a of the Charter.
2.
In the case of any other public official, such as a member of a committee,
the written report shall be sent to the appointing authority for appropriate
action.
3.
If the person involved is an employee, the written report shall be
delivered to the District Commission.
4.
The individual concerned with the investigation shall be given written
notice of the findings and recommendations of the Commission.
G.
A quorum of the Commission shall consist of not less than five members.
No finding of probable cause shall be made except upon clear and convincing
evidence of a violation of the Code of Ethics, or other relevant law,
and upon the vote of at least five members of the Commission.
(Charter Amendment 11-7-1995, effective 12-7-1995.)
Whenever any elective officer of the Second Taxing District shall die, resign or remove their residence from said district or, by reason of permanent mental or physical disability or infirmity, shall become incapacitated to discharge the duties of said office or shall be convicted of malfeasance in office or any infamous crime, or is removed from office as provided in § 1-79A, or when any vacancy shall occur in any elective office from any cause, the Clerk of the district shall give notice of said vacancy and convene a special meeting of the District Commissioners, upon at least 10 days' notice of such vacancy.
1.
At said special meeting, the District Commissioners shall declare
such office vacant and shall give written notice within seven days
of said meeting to the chairman of the Town and City Committee of
the political party from which the former incumbent was chosen of
the existence of the vacancy and that the vacancy is to be filled
by an elector selected by the members of the Town and City Committee
of the political party of the former incumbent who resides in the
Second Taxing District. The members of said Town and City Committee
residing in the Second Taxing District shall fill the vacancy with
an eligible elector within 60 days of the date on which the District
Commissioners declared the office vacant. If the former incumbent
was registered with a political party not having a Town Committee,
the position may be filled by an elector selected by a caucus of the
registered members of said political party, who resides in the district,
within 60 days of the date on which the position was declared vacant
by the District Commissioners. Written notice of such appointment
shall be given by the political party to the District Commissioners,
who shall declare such vacancy filled at the next regular or special
meeting of the District Commissioners. The appointee, so designated,
shall serve through the remainder of the term of the office left vacant.
2.
Upon the failure of the appropriate Town and City Committee or political
party caucus to fill the vacancy with a qualified elector within 60
days of the date on which the position was declared vacant by the
District Commissioners, the position shall be filled by the District
Commissioners with an eligible elector who is a member of the same
political party of the former incumbent and who resides in the Second
Taxing District and meets all qualifications for office as set forth
below.
3.
If the former incumbent was not registered with a political party,
the District Commissioners shall fill said vacancy with an unaffiliated
elector, who shall serve until the next municipal election, at which
time a person shall be elected to serve through the remainder of the
term of the office left vacant.
4.
The vacancy shall be filled by an elector residing in the Second
Taxing District. No Commissioner serving in office may be appointed
to fill any vacancy. If the vacancy is filled by the District Commission,
no elector who is related by blood or marriage, to wit: spouse, parent,
child, sibling or in-law of these degrees of relationship, to a District
Commissioner shall be appointed to fill a vacancy on the District
Commission.
5.
The term "political party" or "party," as used in this section, shall
mean any political organization whose members appear on the current
list or last official list required to be maintained under § 9-66
of the Connecticut General Statutes.
(Sp. Laws 1913, No. 352, § 27.)
Said district shall be liable to pay all damages that shall
be sustained by any person or corporation by the taking of any land
or estate as aforesaid or by the construction or laying of any reservoirs,
pipes, pumps, aqueducts or other works for the purposes of said waterworks.
If at any time it shall appear that any damage has occurred or may
be likely to occur to any person or corporation by reason of taking
or using their land or estate for the purposes of this act or in the
construction of said waterworks, and said Board of District Commissioners
cannot agree with the owners of such property or privilege as to the
amount of compensation or damages to be paid to them, such compensation
or damages may be assessed by three disinterested persons under oath,
to be appointed by a Judge of the Superior Court on application by
either party, upon such notice as said Judge shall prescribe. Said
appraisers shall report their doings and the amount of their assessments
to the Superior Court for Fairfield County. Said Court may set aside
such report for any irregular or improper conduct and may appoint
another committee, but if said report is accepted, it shall be recorded,
and such assessments shall be a final adjustment of said compensation
and damages between said parties, and payment thereof or a deposit
of the amount thereof with the Treasurer of said county for the use
of such owners shall release said district from liability to further
claims for compensation or damages.
(Charter Amendment 11-8-1983.)
The Commissioners shall recognize at all times, as their primary
obligation, the duty to provide a supply of pure and wholesome water
to the inhabitants of the Second Taxing District and to provide an
adequate supply of electrical power to said inhabitants of the Second
Taxing District, both at the lowest, reasonable cost, always considering
the long-term needs of the utilities. Any expansion outside the district
should be undertaken only if it is calculated to benefit the inhabitants
of the Second Taxing District and without putting them at unneeded
risk or expense.
(Charter Amendment 11-4-2003, effective 12-4-2003.)
A.
Fiscal year: The fiscal year for the Second Taxing District shall
be for a period commencing on July 1 of each year and ending on June
30 of the following year.
B.
Accounts and procedure: The accounting for the funds and operations
of the district shall consist of three components: General District
Government, Water Department and Electric Department.
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The accounting and bookkeeping for each utility shall be maintained
separately and distinctly from the accounting and bookkeeping of the
taxing district.
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C.
General District Government: The General District Government accounts
shall be used to manage, operate and control said taxing district,
to maintain and keep in repair all property, both real and personal,
which said district may possess and to perform all such duties as
directed by the electors of said district at a regular or special
meeting of said district, except said general accounts shall not include
funds used for the purpose of managing, operating, controlling or
maintaining and keeping in repair all property, both real and personal,
utilized for the purposes of supplying electricity or water. Separate
accounts shall be maintained in the budget for each utility.
D.
Water Department: All income from water service rates and charges
shall be applied to defray the current expenses of said Water Department
and to pay the current interest on notes, bonds or certificates of
indebtedness incurred in relation to said Water Department and to
the extinction of principal on said notes, bonds and certificates
of indebtedness, as required by holders. After the payment of current
expenses, interest and debt principal, funds shall be used for the
purpose of funding current capital projects, including replacement
of facilities or the purchase of new facilities, all for the purposes
of constructing appropriate facilities necessary for said Water Department.
If a surplus exists for the current year, funds shall be transferred
to the Water Department reserve fund for future use by said Water
Department or, if a deficit exists, funds shall be transferred from
the Water Reserve Fund to provide for current operating or capital
expenses. Transfers to or from the district account shall be made
to or from the Water Reserve Fund, as recommended by the District
Commission and approved by the electors at the annual budget meeting,
or any regular or special meeting noticed and warned for that purpose.
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The District Commissioners, acting as Water Commissioners, shall
adopt the budget of the Water Department, consisting of income from
water service, expenses, capital appropriations and the changes to
the Water Department Reserve Fund for the ensuing year no later than
the third Wednesday in February, which budget shall be approved by
a majority of said District Commissioners. Said budget shall then
be provided to the district for the purpose of inclusion in the annual
district budget. Any request by the District Commission for transfer
of funds from the district reserve account to the Water Department
Reserve Fund, for use in the operating or capital budget of the Water
Department, shall be submitted as part of said district budget.
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E.
Electric Department. All income from electric service, rates and
charges shall be applied to defray the current expenses of said Electric
Department and to pay the current interest on notes, bonds or certificates
of indebtedness incurred in relation to said Electric Department and
to the extinction of principal on said notes, bonds and certificates
of indebtedness, as required by holders. After payment of current
expenses, interest and debt principal, funds shall be used for the
purpose of funding current capital projects, including replacement
of facilities or the purchase of new facilities, all for the purposes
of constructing appropriate facilities necessary for said Electric
Department. If a surplus exists for the current year, funds shall
be transferred to the Electric Department Reserve Fund for future
use by said electric Department or, if a deficit exists, from the
Electric Reserve Fund to provide for current operating or capital
expenses. Transfers to or from the district account shall be made
to or from the Electric Reserve Fund, as recommended by the District
Commissioners, and approved by the electors at the annual budget meeting,
or any regular or special meeting noticed and warned for that purpose.
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The District Commissioners shall adopt the budget of the Electric
Department, consisting of income from electric service, expenses,
capital appropriations and the changes to Electric Department Reserve
Fund for the ensuing year, no later than the third Wednesday in February,
which budget shall be approved by a majority of said District Commissioners.
Said budget shall then be provided to the district for the purpose
of inclusion in the annual district budget. Any request by the District
Commission for transfer of funds from the district to the Electric
Department Reserve Fund, for use in the operating or capital budget
of the Electric Department, shall be submitted as part of said district
budget.
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F.
Procedure for adoption of budget. On or before the first Wednesday
in March, the District Commissioners shall prepare a general district
government budget, which shall include all sources of revenue to the
district, the transfer of funds between the Water or Electric Reserve
Fund and the District Reserve Fund, all expenses of said district,
including the interest and principal due on notes, bonds or certificates
of indebtedness of said district, not related to said Water Department
or Electric Department, any capital appropriations of said district,
not related to said Water Department or Electric Department, any amount
to be transferred to a special reserve fund and any amount necessary
to be collected through a tax and the application of any surplus or
deficit to the General Fund Reserve. The general water and electric
budgets shall be combined into a single district budget, for adoption
by the District Commission. The district budget shall be submitted
for the approval of the electors of the district at the annual budget
meeting.
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The Clerk of the district shall publish a summary of the district
budget as adopted by the District Commission in a newspaper of general
circulation in the City of Norwalk no later than the second Wednesday
in March, which notice shall inform the electors of the district that
the entire budget document is available for inspection at the district
office.
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G.
Annual budget meeting. The annual budget meeting of the electors
of the Second Taxing District shall be held on the third Tuesday in
March of each year. At which meeting, the District Commissioners shall
present the annual budget for the ensuing fiscal year to the electors
for approval. Said electors may approve, reject or reject with comment
the proposed budget as adopted by the District Commissioners by a
majority vote of the electors present and voting at the meeting. If
the budget is rejected by the electors, it shall be sent back to the
District Commissioners who shall modify the budget as they deem appropriate
by reconsidering the general district budget, the Electric Department
and the Water Department budget. The District Commissioners, after
making alterations to the general fund, Electric Department and Water
Department budgets as they deem appropriate, shall adopt a revised
budget for presentation to the electors for approval. The District
Commission shall call a special meeting of the electors for approval
of the budget as revised or resubmitted. In the event that the electors
have not approved an annual budget by July 1, the start of the fiscal
year, the prior year's budget shall be used for a period of up
to 90 days for the purpose of continuing the business of the taxing
district and its utilities. If after 90 days a budget is not approved
by the electors, the prior year's budget well be used on a month-to-month
basis for the purpose of continuing the operations of the district
and the Water Department and Electric Department, until such time
as a budget is approved by the electors.
H.
Reserve fund: The district is empowered to establish special district
reserve funds, to be set aside in special reserve accounts, which
shall be used only for the purpose for which the fund was approved.
Said reserve funds shall be approved by a majority of the electors
present and voting at the annual budget meeting, the annual meeting
or a special meeting of the electors, duly warned and noticed for
that purpose. Transfers from a special district reserve fund for other
purposes may be made only by a two-thirds majority of the electors
present at the annual budget meeting, the annual meeting or any special
meeting of the electors called for that purpose.
(Sp. Laws 1913, No. 352, § 29; Sp. Laws 1921, No.
189, § 2.)
In case the income from water rents is inadequate to meet the
current expense of said waterworks and the interest of said notes,
bonds or certificates, or the income from the electric light and power
plant is at any time inadequate to meet the current expenses of said
electric light and power plant and the interest of all indebtedness
incurred on account of said electric light and power plant, a tax
on all property and persons liable to taxation in said district shall
be laid to supply such deficiency by the Board of Estimate and Taxation
of the city at any meeting called for that purpose upon application
of said Board of District Commissioners, and said tax shall be collected
in the same manner as other city taxes. Said Board of Estimate and
Taxation may lay and collect taxes for the purpose of paying any and
all debts of said district and establishing a sinking fund for that
purpose. The avails of such taxes shall be paid to the Treasurer of
the district for said purposes only. The Board of Estimate and Taxation
shall lay a tax to defray the expenses of the public library of said
district to the amount appropriated by said district at any annual
or special meeting.[1]
[1]
Editor's Note: See Art. XIX, Library Appropriations.
(Sp. Laws 1913, No. 352, § 30; Sp. Laws 1933, No.
340, § 2; Sp. Laws 1951, No. 572.)
Any claim of said district for use of water or for rent of hydrants
shall be a lien upon the real estate or property wherein or in connection
with which water was used or on which such rent was assessed, and
such lien shall have the same effect as a lien for taxes under the
provisions of the General Statutes and shall have precedence over
any prior encumbrance on such property except a tax lien. Such lien
may be foreclosed by said district before any court having jurisdiction
in the same manner as a mortgage may be foreclosed. The Board of District
Commissioners shall have power to issue warrants for the collection
of all such claims in the form prescribed by law for the collection
of taxes, or to some indifferent person named therein, who shall have
the same power to levy and collect the same as have collectors of
town taxes.
(Sp. Laws 1913, No. 352, § 31; Charter Amendment 11-8-1983; Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
Said Board of District Commissioners shall keep a record of
its proceedings and an accurate account of its receipts and disbursements
appertaining to said Water and Electric Department and a like account
of its receipts and disbursements in connection with all other properties
of said district, verified by proper vouchers, which accounts shall
be open at all reasonable time to inspection by any taxpayer of said
district. Said Board shall annually render to said district a statement
of said accounts, and which statement shall be approved by a majority
of said District Commissioners and recorded in the records of said
district. Said Board shall include in its annual report a statement
of its doings and a general statement of the condition of the Water
Department, the Electric Department and the property of said district,
with an estimate of all sums required for said Water Department, the
Electric Department and other purposes of said district, a detailed
estimate of all income expected to be received and an estimate of
the surplus or deficit, the amount needed to be raised by taxation
and a detailed statement of all claims outstanding against said district.
The Treasurer of said district shall keep a record of proceedings
and an accurate account of receipts and disbursements, verified by
proper vouchers, which accounts shall be open at all reasonable time
to inspection by any taxpayer of said district. Said Treasurer shall
render annually to said district a statement of said accounts, and
which statement shall be sworn to by the Treasurer and recorded in
the records of said district.
All financial reports, statements and accounts of said district
and its Treasurer, commissions, boards and committees shall be audited
at least annually by an independent auditor who shall be a public
accountant, certified as such, by the State of Connecticut. The independent
auditor shall be appointed by the Board of District Commissioners,
which appointment shall be ratified by the electors of said district
at the annual budget meeting.
(Sp. Laws 1913, No. 352, § 32; Charter Amendment 11-8-1983; Charter Amendment 11-4-2003, effective 12-4-2003.)
Said Board of District Commissioners may, with the consent of
the electors of said district, supply water from the Water Department
or electricity from the Electric Department of said district to any
person or corporation within or without the geographical limits of
said district.
(Sp. Laws 1913, No. 352, § 33; Charter Amendment 11-8-1983.)
Any person who shall willfully injure the water in any reservoir,
aqueduct, hydrant, pipe or pump or destroy or injure any portion of
said works or any material or property used in connection therewith
shall be fined not more than $500 or imprisoned not more than one
year, or both. Said district shall have power to enact bylaws at any
annual or special meeting imposing penalties and forfeiture for the
violation of any of the rules and regulations of the Board of Commissioners
of said district, provided such penalties or forfeitures shall be
in accordance with those prescribed for Class C misdemeanors in the
State of Connecticut for each offense. Said bylaws shall not become
effective until 10 days after the date of publication in a newspaper
having a circulation in said district.
(Sp. Laws 1929, No. 471, § 1.)
The Second Taxing District of the City of Norwalk, successor
to the City of South Norwalk, shall have the full and exclusive right,
privilege and power to take, acquire and use the waters of the "Wilton
Branch," so-called, of the Silvermine Stream, emptying into the Norwalk
River and of the North Wilton Brook, Barrett's Brook or Comstock's
Brook, as said brook is locally known, also emptying into said Norwalk
River, to and including the headwaters of said stream and brook and
the tributaries thereof, all to be used and employed by said district
in accordance with the provisions of An Act to Provide a Supply of
Pure and Wholesome Water to the City of South Norwalk, approved July
22, 1874, and any and all acts amendatory thereof.
(Sp. Laws 1929, No. 471, § 2.)
The exclusive right and privilege to provide and sell water
by means of reservoirs, conduits and pipes within the limits of the
City of Norwalk is granted to the First Taxing District of said city
and to the Second Taxing District of said city; the area to be supplied
by said districts, respectively, to be as agreed upon by and between
the respective Boards of Commissioners of said districts.
(Sp. Laws 1919, No. 306, § 1.)
The Second Taxing District of the City of Norwalk is authorized
to erect on land now owned by said district, or on land contiguous
thereto which shall hereafter be acquired by said district, a suitable
loft or factory building, or buildings, and to rent or lease the same
to manufacturers who shall desire to locate and conduct business therein.
Any loft or factory building erected by said district shall be managed
and rented or leased on behalf of said district by its District Commissioners.
(Sp. Laws 1919, No. 306, § 2.)
For the purpose of erecting such building or buildings said
district is authorized to obtain such additional land by gift or purchase
as shall be necessary therefor, and to borrow money for the purchase
of such land and the erection of such building or buildings, and to
secure the money so borrowed by mortgage on said land, or on said
land and building or buildings.
(Sp. Laws 1919, No. 306, § 3.)
Before purchasing any additional land or erecting any loft or
factory building, the District Commissioners shall submit the proposition
to purchase any land or to erect any such building at a regular or
special meeting of said district; and such meeting shall determine
the advisability of such proposed purchase of land or erection of
building or buildings, the amount of money to be expended and the
amount to be borrowed therefor, the amount of mortgage to be executed
and delivered to secure such borrowed money, and the terms of such
mortgage; and the District Commissioners shall not purchase any land,
erect any loft or factory building or buildings or borrow any money
for such purpose or purposes unless instructed by said district so
to do.
(Sp. Laws 1919, No. 306, § 4.)
Said Second Taxing District is authorized to sell and convey
any land owned or which shall hereafter be owned by said district
which is not or at any time shall not be required for the purposes
of said district, but no such sale or conveyance shall be made unless
the District Commissioners have been authorized by regular or special
meeting of said district to sell and convey the same.
(Sp. Laws 1949, No. 19, § 1.)
Number 244 of the Special Acts of 1937 is repealed.
(Sp. Laws 1949, No. 19, § 2.)
The Board of Electrical Commissioners of the Second Taxing District
of the City of Norwalk is authorized to provide suitably for any persons
now receiving the benefits of said act out of monies now in the pension
fund therein provided for in the same manner and the same amount as
provided under said act, and, after making provision for said persons,
to administer and liquidate the balance of any monies remaining in
the said fund in a manner fair and equitable to those contributing
thereto.
(Sp. Laws 1917, No. 176, § 1.)
The Second Taxing District of the City of Norwalk is authorized
to issue serial bonds to an amount not exceeding $400,000 registered
or with coupons attached, bearing interest at a rate not greater than
4 1/4% per annum, payable semiannually, the first installment
of such bonds to mature within three years from the date of issue
and the remainder of the principal thereof to be payable at some certain
time or times not later than 30 years from the date thereof. Such
bonds shall be sold at not less than par and the avails thereof used
only for the extension, improvement and enlargement of the water or
electric works, or both, of said district, including the building
and equipping of a new plant.
(Sp. Laws 1917, No. 176, § 2.)
Said district, at any special meeting of the legal voters thereof,
duly warned and held, shall determine, subject to the foregoing limitations,
the several and aggregate amounts of such bonds, the annual rate of
interest thereon, the dates and times of the issue and maturity of
the same, the manner in which such bonds shall be issued, and the
person or persons by whom such bonds shall be signed, executed, negotiated,
sold and delivered on behalf of said district; and such bonds, when
so signed, executed, issued and delivered, shall be obligatory upon
said district and upon the inhabitants thereof according to the tenor
of the same.
(Sp. Laws 1923, No. 157, § 1.)
The Second Taxing District of the City of Norwalk is authorized
to issue serial bonds to an amount not exceeding $78,000 registered
or with coupons attached, bearing interest at a rate not greater than
5% per annum, payable semiannually, the first installment of such
bonds to mature four years from the date of issue, the second installment
of such bonds to mature seven years from the date of issue and the
third installment of such bonds to mature 10 years from the date of
issue. Such bonds shall be sold at not less than par and the avails
thereof used only for the purpose of paying, canceling and retiring
notes in equal amount issued by said district for the purpose of paying
and retiring certain street paving bonds which matured August 1, 1922.
(Sp. Laws 1923, No. 157, § 2.)
Said district, at any special meeting of the legal voters thereof,
duly warned and held, shall determine, subject to the foregoing limitations,
the several and aggregate amounts of such bonds, the annual rate of
interest thereon, the dates and times of the issue and maturity of
the same, the manner in which such bonds shall be issued and the person
or persons by whom such bonds shall be signed, executed, negotiated,
sold and delivered on behalf of said district; and such bonds, when
so signed, executed, issued and delivered, shall be obligatory upon
said district and upon the inhabitants thereof according to the tenor
and purport of the same.
(Sp. Laws 1923, No. 157, § 3.)
After the issue of the bonds hereby authorized, or of any part
thereof, the Board of Estimate and Taxation of the City of Norwalk
shall annually make an appropriation and levy taxes to pay the interest
on such bonds, and shall also annually appropriate and levy taxes
to raise such sum or sums of money as shall be required to pay such
bonds at maturity, which money, when so raised, shall be deposited
at interest in the sinking fund of said second taxing district and,
with its increase, shall be used and expended only for the payment
of such bonds.
(Sp. Laws 1923, No. 157, § 4.)
The amount of the bonds issued under §§ 1-97 to 1-100 with the amount of the outstanding indebtedness of said city, shall not exceed, exclusive of the amount of bonds issued for water supply and of notes or other evidences of indebtedness placed in the sinking fund, 5% of the grand list of said city.
(Sp. Laws 1923, No. 126, § 1.)
The Second Taxing District of the City of Norwalk is authorized
to issue bonds to an amount not exceeding $300,000, registered or
with coupons attached, bearing interest at a rate not greater than
5% per annum, payable semiannually. Such bonds shall be issued in
serial form, payable, as consecutively numbered, in such equal amounts
each year, beginning five years after their date, that the whole amount
thereof shall be paid within a time not exceeding 40 years from their
date. Such bonds shall be sold at not less than par and the avails
thereof used only for the extension, improvement and enlargement of
the waterworks of said district including a new or additional filtration
plant.
(Sp. Laws 1923, No. 126, § 2.)
Said district, at any special meeting of the legal voters thereof,
duly warned and held, shall determine, subject to the foregoing limitations,
the several and aggregate amounts of such bonds, the annual rate of
interest thereon, the dates and times of the issue and maturity of
the same, the manner in which such bonds shall be issued, and the
person or persons by whom such bonds shall be signed, executed, negotiated,
sold and delivered on behalf of said district; and such bonds, when
so signed, executed and delivered, shall be obligatory upon said district
and upon the inhabitants thereof according to the tenor and purport
of the same.
(Sp. Laws 1923, No. 126, § 3.)
After the issue of the bonds hereby authorized, or of any part
thereof, the Board of Estimate and Taxation of the City of Norwalk
shall annually make an appropriation and levy taxes to pay the interest
on such bonds, and shall also annually appropriate, and levy taxes
to raise, such sum or sums of money as shall be requested by the Commissioners
of said district for the purpose of paying such bonds at maturity,
which money, when so raised, shall be deposited at interest in the
sinking fund of said Second Taxing District and, with its increase,
shall be used and expended only for the payment of such bonds.
(Sp. Laws 1925, No. 447, § 1.)
The Second Taxing District of the City of Norwalk is authorized
to issue bonds to an amount not exceeding $30,000 registered or with
coupons attached, bearing interest at a rate not greater than 5% per
annum, payable semiannually, which bonds shall be sold at less than
par and shall be serial in form, payable, as consecutively numbered,
so that the whole amount shall be paid within a time not exceeding
30 years from their date. The avails of such bonds shall be used only
to refund certain public improvement bonds issued by said district
under its former name of the City of South Norwalk which are to mature
July 1, 1925.
(Sp. Laws 1925, No. 447, § 2.)
Said district, at any special meeting of the legal voters thereof,
duly warned and held, shall determine, subject to the foregoing limitations,
the several and aggregate amounts of such bonds, the annual rate of
interest thereon, the dates and times of the issue and maturity of
the same, the manner in which such bonds shall be issued and the person
or persons by whom such bonds shall be signed, executed, negotiated,
sold and delivered on behalf of said district.
(Sp. Laws 1925, No. 447, § 3.)
After the issue of the bonds hereby authorized, or of any part
thereof, the Board of Estimate and Taxation of the City of Norwalk
shall annually make an appropriation and levy taxes to pay the interest
on such bonds, and shall also annually appropriate and levy taxes
to raise such sum or sums of money as shall be determined by said
district, which money shall be deposited at interest in the sinking
fund of said Second Taxing District and, with its increase, shall
be used and expended only for the partial or complete payment of such
bonds at maturity.
(Sp. Laws 1925, No. 447, § 4.)
The amount of the bonds issued under the provisions of this
act, with the amount of the outstanding indebtedness of said district
and said city, shall not exceed, exclusive of the amount of bonds
issued for water supply and of notes or other evidences of indebtedness
placed in the sinking fund, 5% of the grand list of said city.
(Sp. Laws 1925, No. 471, § 1.)
The Second Taxing District of the City of Norwalk is authorized
to issue bonds to an amount not exceeding $90,000, registered or with
coupons attached, bearing interest at a rate not greater than 5% per
annum, payable semiannually, which bonds shall be sold at not less
than par and shall be in serial in form, payable, as consecutively
numbered, so that the whole amount shall be paid within a time not
exceeding 30 years from their date. The avails of such bonds shall
be used only to refund certain water bonds issued by said district
under its former name of the City of South Norwalk which are to mature
July 1, 1925.
(Sp. Laws 1925, No. 471, § 2.)
Said district, at any special meeting of the legal voters thereof,
duly warned and held, shall determine, subject to the foregoing limitations,
the several and aggregate amounts of such bonds, the annual rate of
interest thereon, the dates and times of the issue and maturity of
the same, the manner in which such bonds shall be issued and the person
or persons by whom such bonds shall be signed, executed, negotiated,
sold and delivered on behalf of said district.
(Sp. Laws 1925, No. 471, § 3.)
After the issue of the bonds hereby authorized, or of any part
thereof, the Board of Estimate and Taxation of the City of Norwalk
shall annually make an appropriation and levy taxes to pay the interest
on such bonds, and shall also annually appropriate and levy taxes
to raise such sum or sums of money as shall be determined by said
district, which money shall be deposited at interest in the sinking
fund of said Second Taxing District and, with its increase, shall
be used and expended only for the partial or complete payment of such
bonds at maturity.
(Sp. Laws 1953, No. 179, § 1.)
The Second Taxing District of the City of Norwalk is hereby
authorized to issue bonds to an amount not exceeding $500,000, registered
or with coupons attached, bearing interest at a rate not greater than
5% per annum, payable semiannually. Such bonds shall be issued in
serial form, payable as consecutively numbered, in such approximately
equal amounts each year, beginning two years after their date, that
the whole amount thereof shall be paid within a time not exceeding
20 years from their date. Such bonds shall be sold at not less than
par and the avails thereof used only for the extension, improvement
and enlargement of the waterworks of said district, including a new
or additional filtration plant.
(Sp. Laws 1953, No. 179, § 2.)
Said district, at any special meeting of the legal voters thereof,
duly warned and held, shall determine, subject to the foregoing limitations,
the several and aggregate amounts of such bonds, the annual rate of
interest thereon, the dates and times of the issue and maturity of
the same, the manner in which such bonds shall be issued, and the
person or person by whom such bonds shall be signed, executed, negotiated,
sold and delivered on behalf of said district; and such bonds, when
so signed, executed, issued and delivered, shall be obligatory upon
said district and upon the inhabitants thereof according to the tenor
of the same.
(Sp. Laws 1953, No. 179, § 3.)
After the issue of the bonds hereby authorized, or of any part
thereof, the Board of Estimate and Taxation of the City of Norwalk
shall, if requested by the Commissioners of said district, annually
make an appropriation and levy taxes to pay the interest on said bonds,
and shall also annually appropriate and levy taxes to raise such sum
or sums of money as shall be requested by the Commissioners of said
district for the purpose of paying such bonds at maturity and said
money shall be deposited at interest in the sinking fund of said Second
Taxing District and, with its increase, shall be used and expended
only for and in the payment of such bonds.
