[Adopted 3-24-2009]
A.
Pursuant to Chapter 105a of the Connecticut General Statutes, as
the sections contained therein may be amended or recodified from time
to time, there is hereby established a special services district to
be known as the "Waypointe Special Services District." The purpose
of the Waypointe Special Services District shall be to promote the
economic and general welfare of the citizens and property owners of
Norwalk both within and without such district through the preservation,
enhancement, protection and development of the economic health and
vitality of the Waypointe area.
B.
The initial boundaries of the Waypointe Special Services District are hereby established as shown on the map entitled "Waypointe Special Services District Scale one inch equals 40 feet Date: September 4, 2007" prepared by Langan Engineering & Environmental Services, which map is attached to and is hereby made a part of this Article II and shall be recorded upon the land records of the City of Norwalk. Said boundaries may be expanded solely in accordance with the procedure set forth in § 100-17 of this Article II.
C.
For taxing purposes, there are hereby established within the District the following categories of land use (each a "land use category"): commercial land use, commercial apartments land use, municipal land use, office land use and residential land use. All real estate within the District shall be classified within one of these land use categories in accord with the definitions of those classifications set forth in § 100-9 of this Article II.
The following words, terms and phrases, as used in this Article II, shall have the meanings ascribed to them in this § 100-9, except as otherwise provided herein or where the context clearly indicates a different meaning:
With respect to floor area within a land use category, any
area for which all legal preconditions to the application for a building
permit have been satisfied.
For each fiscal year shall be the assessed value of the applicable
real estate shown on the grand list of the City of Norwalk effective
on October 1 of the prior year.
The final maturity date of any bonds issued under the West
Avenue Corridor Public Improvements Bond Resolution.
The one or more series of bonds to be issued by the City
of Norwalk pursuant to the West Avenue Corridor Public Improvements
Bond Resolution.
The City of Norwalk, Connecticut.
Refer to that portion of any property which is categorized
by the Tax Assessor for property tax purposes as commercial property
containing more than four residential units.
Refer to any property other than a commercial apartments
land use, a municipal land use, an office land use or a residential
land use.
Any member of the Board of Commissioners.
Any area within a building which is available to more than
one owner, tenant, occupant or patron of said building for their common
use, including, but not limited to, hallways, lobbies, storage areas
and loading docks.
As the context indicates, one or more of the categories of
land use constituting commercial land use, commercial apartments land
use, office land use, residential land use, or municipal land use.
The master development agreement entered or to be entered
into by and among the City, the Norwalk Redevelopment Agency and Waypointe
LLC, (Note: The name of the entity to enter into the master development
agreement as the redeveloper may change before execution of the master
development agreement, and will be selected by Stanley M. Seligson
Properties.) or approved successors or assigns of Waypointe LLC.
A property owner, as defined herein.
Refers to any property owned by the District or that portion
of any property which is categorized by the Tax Assessor, for property
tax purposes, as municipal property exempt from taxation pursuant
to Section 12-81(4) of the Connecticut General Statutes, as that section
may be amended or recodified from time to time and, for purposes of
this article, shall also include all public street rights-of-way located
within the District.
Refers to that portion of any property which is categorized by the Tax Assessor, for property tax purposes, as any type or category of office use. For purposes of this Article II medical offices or any facilities associated or affiliated with a hospital or healthcare facility shall be classified as an office land use.
Refers to this article entitled "An Ordinance Establishing
the Waypointe Special Services District."
Refers to a property owner entitled to participate in the referendum to be held pursuant to § 100-11 of this article.
The public parking garages, public parking meters and public
parking pay stations located within the District and licensed to the
District under the SSD parking facilities license services agreement.
Real property within the District which is identified in
the tax records of the City as a parcel of land and/or building, or
which constitutes an individual condominium unit, planned community
unit or separately taxable common element as shown on the records
of the City's Tax Assessor.
The individual, corporation, partnership, limited liability
company, unincorporated association, trustee, fiduciary, guardian,
conservator, or other legal entity or any combination thereof in whose
name(s) the title to a taxable interest in real estate stands on the
land records of the City.
Refers to those areas and objects within the boundaries of
the District which are owned, administered, managed or operated by
the District and which are available to the public for recreational
or other public purposes or located within street rights-of-way, including,
but not limited to, public parking facilities, parks, playgrounds,
squares, plazas, decorative improvements, retaining walls, flagpoles,
fences, fountains, sidewalks, streetlights, sprinklers and irrigation
systems, trees, bushes, gardens, landscaping, planting pots, planters
and plantings, bike racks, street amenities, bollards, benches and
similar features.
Has the meaning ascribed to such term under the Master Development
Agreement.
Refers to that property constituting real estate for purposes of the compilation of the grand list of the City as set out in Section 12-64 of the Connecticut General Statutes, as that section may be amended or recodified from time to time, and located within the boundaries of the District as established pursuant to § 100-11 of this Article II, as those boundaries may be amended from time to time in accord with the procedures set forth in § 100-17 of this Article II or, following the dissolution of the District, as located within the boundaries of the District at its dissolution.
Refers to that portion of any property which is categorized
by the Tax Assessor, for property tax purposes, as any category of
residential use.
The real property identified as "SSD Expansion Area" on that certain map entitled "Waypointe Special Services District Expansion Area Scale one inch equals 40 feet Date: September 4, 2007" prepared by Langan Engineering & Environmental Services, which map is attached to and is hereby made a part of this Article II and shall be recorded upon the land records of the City of Norwalk.
Has the meaning set forth in the master development agreement.
The amount by which the debt service payable under the bonds (excluding default interest, late payment fees, and expenses related to termination or extension of any interest rate swap agreement, contract to manage interest rate risk, including interest rate caps, options, puts, call or similar arrangements, or such other agreements permitted by the Connecticut General Statutes, as amended, with one or more counterparties as swap provider, related to the bonds or the debt service payable thereunder) exceeds the sum of a) the gross income from the parking facilities collected on or before the bond maturity date of the bonds, b) the amount of the special taxes levied by the City under this Article II at the recommendation of the Board of Commissioners of the District from and after the public improvements closing and through the bond maturity date of the bonds, c) all earnings accrued on the enterprise fund maintained for the District in accordance with the terms of this Article II, and d) all amounts deposited in any debt service reserve or other reserve established with respect to the bonds and all earnings accrued thereon.
Refers to an interest in real estate which a) is not exempt from property taxes levied by the City pursuant to the provisions of the Connecticut General Statutes or b) is not being constructed or reconstructed pursuant to a contract with the City obligating the City to acquire such real estate. For purposes of the levy to be implemented pursuant to this Article II from and after the consummation of the public improvements closing, all areas within a building located within the District and which constitute a Commercial Land Use, a Commercial Apartments Land Use, an Office Land Use or a Residential Land Use shall be deemed taxable interests in real estate within such respective land use category upon the issuance of a certificate of occupancy or temporary certificate of occupancy by the Building Official of the City of Norwalk for any area of the building approved for use within that same land use category. Thereafter all such areas shall remain taxable interests in real estate regardless of occupancy until the earlier to occur of payment in full of the bonds and the bond maturity date.
The resolution entitled "Resolution of the City of Norwalk
Making Appropriations for the Acquisition of Certain Public Improvements
Related to the West Avenue Corridor (Waypointe) Project and Authorizing
the Issuance of General Obligation Bonds or Revenue Bonds of the City
to Meet Said Appropriations" adopted by the Common Council of the
City of Norwalk on March 24, 2009.
A.
Pursuant to Section 7-339n of the Connecticut General Statutes, as
that section may be amended or recodified from time to time, the Waypointe
Special Services District shall constitute a body politic and corporate
and shall have the following powers:
(1)
To sue and be sued;
(2)
To acquire, hold and convey any estate, real or personal;
(3)
To contract;
(4)
To recommend to the Common Council of the City the imposition of
a levy upon all taxable interests in real estate within the District,
the revenues from which may be used in carrying out any of the powers
of the District;
(5)
To construct, own, operate, administer and maintain such public or
common improvements as the City may license to the District by contract
from time to time, including, without limitation, the authority to
administer, regulate and charge fees for the nonmunicipal use of those
public street rights-of-way now or hereinafter acquired by the City
which are located within the District, notwithstanding any other provisions
in this Code of Ordinances to the contrary; and
(6)
To provide within the District some or all of the other services
which the City is authorized to provide therein;
(7)
To construct, acquire, or obtain leasehold interests in motor vehicle
parking facilities within the District;
(8)
To operate a motor vehicle parking facility or facilities within
the District;
(9)
To lease or sublease to other parties motor vehicle parking facilities;
(10)
To enter into, fund and perform agreements which reduce the
cost of motor vehicle parking to residents of the District and to
employees of and those doing business with businesses located within
the District.
B.
Commencing with the earlier to occur of the final maturity date for
the series of bonds last to mature issued by the City pursuant to
the West Avenue Corridor Public Improvements Bond Resolution and the
payment in full of such bonds, the powers of the District shall be
exercised only to the extent which is reasonably necessary a) if and
to the extent that an SSD revenues deficiency exists, to impose the
levies provided for and subject to the limitations set forth herein
for such time period as is necessary for the aggregate amount of the
levies assessed during such time period to equal the amount of any
SSD revenues deficiency related to such bonds, and b) following the
time period described in the preceding Subparagraph a), to maintain,
repair, replenish or refurbish, or to replace substantially in kind
(which terms shall be construed to exclude street plowing and/or street
repairs or reconstruction to the level of service otherwise generally
provided elsewhere by the City, but shall be construed to include
the cost of public safety services directly allocable to proper management
of the public improvements), the public improvements then in existence
within the District, exclusive of any parking facilities contained
therein or appurtenances thereto, and the levy recommended by the
Board shall be limited to such amount as is required to exercise those
limited powers.
A.
The provisions of this Article II shall take effect upon the adoption by the Common Council of this article;
B.
Within 60 days of the adoption by the Common Council of this article, a referendum shall be held among all holders of record of taxable interests in real estate within each of the commercial land use, commercial apartments land use, office land use and residential land use categories in the District on the question of whether this Article II shall take effect. The Town Clerk shall determine the identity of such holders in the City land records and shall give notice of the referendum to such holders. The referendum shall be held by certified mail.
C.
The referendum question shall appear on a ballot created by the Town Clerk. Each ballot shall be accompanied by a copy of the ordinance from which this Article II is derived and a letter explaining how the ballot is to be cast and identifying the date and time by which the completed ballot must be received by the Town Clerk. Each ballot shall be signed by the property owner or the duly authorized representative of said owner. The signature of any person signing a ballot in his or her capacity as the duly authorized representative of any owner shall also attest to his or her authority to sign said ballot under penalties of false statement.
D.
In addition to the referendum question, the ballot shall contain an identification of each property owned by the property owner within the District, the assessed value of said property as shown in the City's Grand List as of the first day of October last preceding preparation of the ballot and the allocation of such assessed value to each of the land use categories established in § 100-8C of this Article II. The Town Clerk shall prepare and shall post in the Town Clerk's office, prior to the mailing of said ballots, a list of the property owners within the District, the assessed value of each property located within the District and the allocation of such assessed value to each of the land use categories established in § 100-8C of this Article II.
E.
The ballot shall be mailed by certified mail to the address used
by the City's Tax Assessor for tax purposes not later than 35
days following adoption of this article. The ballots must be returned
to the Town Clerk not later than 4:30 p.m. on the 21st day after the
initial mailing.
F.
Each property owner shall be entitled to cast one ballot for each
taxable interest in real estate which it owns within the District,
which will be so counted in each referendum of the commercial land
use category, the commercial apartments land use category, the office
land use category and the residential land use category, as may be
applicable to such property, in determining whether the necessary
majority of property owners within each of the commercial land use,
commercial apartments land use, office land use and residential land
use categories have voted in favor of the creation of the proposed
district. For the purposes of this section:
(1)
Any tenant in common of any freehold interest in real estate shall
have a vote equal to his fractional ownership interest therein.
(2)
All joint tenants of any freehold interest in real estate shall have
a vote representing an equal fractional ownership interest therein.
(3)
A corporation shall have its vote cast by the chief executive officer
of such corporation or his designee.
(4)
A limited partnership, limited liability company or other similar
legal entity which is authorized at law to take legal action in its
own name shall have its vote cast by an authorized agent thereof,
whose authority to vote shall be noted on the ballot executed on behalf
of the entity in question.
(5)
No property owner shall have more than one vote for each taxable
interest in real estate owned.
(6)
Any property owner may authorize an agent to vote on its behalf by
executing an affidavit evidencing such authorization. A copy of any
such affidavit shall be appended to the ballot which is executed by
the authorized agent and delivered to the Town Clerk.
G.
The Town Clerk shall supervise the referendum and shall certify the results of the referendum. The referendum shall comply, to the extent applicable and practicable, with Chapter 145 (Absentee Voting) and Chapter 152 (Referenda) of the Connecticut General Statutes, except as Chapter 105a of the Connecticut General Statutes and the terms of this Article II may otherwise permit or direct.
H.
The referendum shall be approved if, within each of the commercial
land use category, the commercial apartments land use category, the
office land use category, and the residential land use category, a
majority of the property owners in each such land use category shall
respond affirmatively and further provided that property owners in
each such land use category the assessments of which shall constitute
more than 1/2 of the total of assessments for all taxable interests
in real estate within each such land use category shall respond affirmatively.
I.
No ordinance amending or repealing any of the provisions of this Article II shall be effective unless approved by the property owners within each of the land use categories by referendum conducted, and the outcome determined, in the same manner as the referendum establishing the District described in this § 100-11.
A.
There shall be established a Board of Commissioners consisting of
seven voting members. In addition, the Finance Director for the City
shall sit as an ex officio nonvoting member of the Board and, following
the public improvements closing, there shall be one additional nonvoting
member. The voting members and nonvoting member (other than the Finance
Director sitting as an ex officio nonvoting member) shall be selected
in the following manner:
(1)
Following the City elections held pursuant to City Charter, § 1-166, the following individuals shall serve as voting members of the Board for terms coterminous with their elective terms: the Mayor of the City, the President of the Common Council, the Majority Leader of the Common Council and the Minority Leader of the Common Council. Additionally, the Chairperson of the Board of Estimate and Taxation or his designee shall serve as a voting member of the Board of Commissioners for a term coterminous with the appointive term of said Chairperson. The individuals holding those offices upon the effective date of this Article II shall serve as voting members of the Board for the remainder of their current elective or appointive terms.
(2)
Within 30 days following the referendum creating the District, the City Clerk shall call a special meeting of the members to elect those voting members of the Board who remain to be elected in accordance with § 100-12A(3)(a) and (b). Said election shall be held in the manner described in § 100-12A(4).
(3)
Two additional voting members of the Board and two alternate voting
members of the Board shall be elected as follows:
(a)
One voting member of the Board and one alternate voting member of the Board shall be a property owner whose property constitutes a commercial land use for purposes of this Article II.
(b)
One voting member of the Board and one alternate voting member of the Board shall be a property owner whose property constitutes commercial land use, commercial apartments land use, office land use or residential land use for purposes of this Article II.
(c)
If no property in the District falls into the commercial land use category set forth in § 100-12A(3)(a) above, the voting member and alternate voting member to represent property owners shall be a property owner whose property constitutes an office land use for purposes of this Article II and the positions of those representative members shall remain property owners whose property constitutes an office land use until the next annual general meeting following the date on which property within the commercial land use category comes into existence within the district. At such annual general meeting, the successor voting member and alternate voting member shall be chosen in accord with § 100-12A(3)(a) above and shall hold such positions of voting member and alternate voting member until the next annual general meeting election in an even-numbered year.
(4)
Following the initial election of voting members of the Board described in § 100-12A(2) above, the voting members of the Board to be elected pursuant to § 100-12A(3) shall be elected by a plurality vote of members present and voting at the annual general meeting of the District described in § 100-12G(3) below of each even-numbered year. Nominations for candidates for election to the Board shall be made at the time of the annual general meeting. Each property owner of property that includes a commercial land use shall be entitled to cast one vote for the member to be elected pursuant to § 100-12A(3)(a) above. Each property owner of property that includes a commercial land use, commercial apartment land use, office land use or residential land use shall be entitled to cast one vote for the member to be elected pursuant to § 100-12A(3)(b) above. The candidate described in each of § 100-12A(3)(a) and (b) above receiving the highest total vote count shall be elected as a voting member of the Board. The candidate described in § 100-12A(3)(a) and (b) receiving the second highest total vote count shall be elected as an alternate voting member of the Board or, if there is no such candidate, the voting member of the Board elected pursuant to the applicable section shall promptly appoint an alternate voting member of the Board from among the other members within the respective land use categories.
(5)
The term of each voting member elected pursuant to § 100-12A(3)(a) and (b) above shall commence on the date of the annual general meeting of the members of the District to elect said voting members of the Board. Each voting member and alternate voting member shall continue to serve respectively as a voting member or alternate voting member until a successor is elected and qualified.
(6)
If any voting member elected pursuant to § 100-12A(3)(a) and (b) above shall for any reason cease to serve as such prior to the end of such voting member's current term, the alternate voting member representing that land use category shall fill the remainder of the term. If any alternate voting member elected pursuant to § 100-12A(3)(a) and (b) above shall for any reason cease to serve as such prior to the end of such alternate voting member's current term, the voting member representing that land use category shall appoint a new alternate voting member from among the members of that land use category to fill the remainder of the term. If any voting member elected pursuant to § 100-12A(3)(a) and (b) above is absent from a meeting of the Board, his or her respective alternate voting member may act at said meeting in the stead of the respective voting member.
(7)
Following the public improvements closing, the Board shall appoint
one nonvoting member and one alternate nonvoting member of the Board.
Such nonvoting member and alternate nonvoting member shall be a residential
tenant residing in a property which constitutes a commercial apartments
land use and shall be selected in the following manner:
(a)
No later than 10 days after the public improvements closing,
the City Clerk shall notify in writing each property owner whose property
constitutes commercial apartments land use of the occurrence of said
property improvements closing. Within 10 days after receipt of such
notice, each such property owner shall notify the residential tenants
residing in its property (which notice may be made by mail, hand delivery,
or electronic mail or by posting a notice in any common area of the
property) of such pending appointments and advising such tenants that
they may notify the City Clerk in writing of their interest in such
positions within 60 days following the public improvements closing.
Such nonvoting member and alternate nonvoting member shall be appointed
by a majority vote of those Board members present and voting at the
next regularly scheduled meeting of the Board at which a quorum is
present following the expiration of said sixty-day period.
(b)
Following the initial appointment of the nonvoting member of the Board described in § 100-12A(7)(a) above, the nonvoting member and alternate nonvoting member of the Board to be appointed pursuant to § 100-12A(7)(a) shall be appointed by a majority vote of those Board members present and voting at a special meeting of the Board to be held immediately preceding the annual general meeting of the members described in § 100-12G(3) below of each even-numbered year. Solicitation for candidates for such appointment to the Board shall be made at last 30 days prior to the date of the annual general meeting in the manner described in § 100-12A(7)(a).
(c)
The term of any such nonvoting member appointed pursuant to § 100-12A(7)(a) above shall commence on the date of such appointment. Each nonvoting member and alternate nonvoting member shall continue to serve respectively as a nonvoting member or alternate nonvoting member until a qualified successor is appointed by the Board.
(d)
If such nonvoting member appointed pursuant to § 100-12A(7)(a) or (b) above shall for any reason cease to serve as such prior to the end of such nonvoting member's current term, the alternate nonvoting member appointed pursuant to this § 100-12A(7) shall fill the remainder of the term. If any alternate nonvoting member appointed pursuant to § 100-12A(7)(a) or (b) above shall for any reason cease to serve as such prior to the end of such alternate nonvoting member's current term, the Board shall appoint a new alternate nonvoting member at a special meeting of the Board to be held immediately preceding the next annual general meeting of the members described in § 100-12G(3) below. Candidates for such replacement alternate nonvoting member shall be solicited in the manner described in § 100-12A(7)(b). If any nonvoting member appointed pursuant to § 100-12A(7)(a) or (b) above is absent from a meeting of the Board, his or her respective alternate nonvoting member may act at said meeting in the stead of the respective nonvoting member.
B.
Notwithstanding anything to the contrary contained in § 100-12A, after the payment in full of the bonds and the payment to the City of its portion of any surplus pursuant to § 100-13H of this Article II, (the bond repayment date), the Board of Commissioners shall consist of five voting members and one nonvoting member. The voting members and nonvoting member shall be selected in the following manner:
(1)
Within 60 days after the bond repayment date, the City Clerk shall call a special meeting of the members to elect a replacement Board consisting from that date forward of five voting members to be elected in accordance with § 100-12B(2)(a), (b), (c) and (d) and the Board shall call a special meeting to appoint one nonvoting member of the Board in accordance with § 100-12B(6)(a). Said election shall be held in the manner described in § 100-12B(3), and said appointment shall be made in the manner described in § 100-12B(6)(a).
(2)
Five voting members of the Board and five alternate voting members
of the Board shall be elected as follows:
(a)
Two voting members of the Board and two alternate voting members of the Board shall be a property owner whose property constitutes commercial land use for purposes of this Article II.
(b)
One voting member of the Board and one alternate voting member of the Board shall be a property owner whose property constitutes commercial apartments land use for purposes of this Article II.
(c)
One voting member of the Board and one alternate voting member of the Board shall be a property owner whose property constitutes residential land use for purposes of this Article II.
(d)
One voting member of the Board and one alternate voting member of the Board shall be a property owner whose property constitutes office land use for purposes of this Article II.
(e)
If no property in the District falls into the commercial land use category set forth in § 100-12B(2)(a) above, the two voting members and alternate voting members to represent property owners shall be property owners whose property constitutes an office land use for purposes of this Article II and the positions of those representative members shall remain property owners whose property constitutes such office land use until the next annual general meeting following the date on which property within the commercial land use category comes into existence within the District. At such annual general meeting, the two successor voting members and alternate voting members shall be chosen in accord with § 100-12B(2)(a) above and shall hold such positions of voting members and alternate voting members until the next annual general meeting election in an even-numbered year.
(f)
If no property in the District falls into the commercial apartments land use category set forth in § 100-12B(2)(b) above, the voting member and alternate voting member to represent property owners shall be a property owner whose property constitutes a commercial land use for purposes of this Article II and the positions of those representative members shall remain property owners whose property constitutes such commercial land use until the next annual general meeting following the date on which property within the commercial apartments land use category comes into existence within the District. At such annual general meeting, the successor voting member and alternate voting member shall be chosen in accord with § 100-12B(2)(b) above and shall hold such positions of voting member and alternate voting member until the next annual general meeting election in an even-numbered year.
(g)
If no property in the District falls into the residential land use category set forth in § 100-12B(2)(c) above, the voting member and alternate voting member to represent property owners shall be a property owner whose property constitutes a commercial land use for purposes of this Article II and the positions of those representative members shall remain property owners whose property constitutes such commercial land use until the next annual general meeting following the date on which property within the residential land use category comes into existence within the District. At such annual general meeting, the successor voting member and alternate voting member shall be chosen in accord with § 100-12B(2)(c) above and shall hold such positions of voting member and alternate voting member until the next annual general meeting election in an even-numbered year.
(h)
If no property in the District falls into the office land use category set forth in § 100-12B(2)(d) above, the voting member and alternate voting member to represent property owners shall be a property owner whose property constitutes a commercial land use for purposes of this Article II and the positions of those representative members shall remain property owners whose property constitutes such commercial land use until the next annual general meeting following the date on which property within the office land use category comes into existence within the District. At such annual general meeting, the successor voting member and alternate voting member shall be chosen in accord with § 100-12B(2)(d) above and shall hold such positions of voting member and alternate voting member until the next annual general meeting election in an even-numbered year.
(3)
Following the initial election of voting members of the Board described in § 100-12B(2) above, the voting members of the Board to be elected pursuant to § 100-12B(2) shall be elected by a plurality vote of members present and voting at the annual general meeting of the District described in § 100-12G(3) below of each even-numbered year. Nominations for candidates for election to the Board shall be made at the time of the annual general meeting. Each property owner of property that includes a commercial land use shall be entitled to cast one vote for each of the two members to be elected pursuant to § 100-12B(2)(a) above. Each property owner of property that includes a commercial apartments land use shall be entitled to cast one vote for the member to be elected pursuant to § 100-12B(2)(b) above. Each property owner of property that includes a residential land use shall be entitled to cast one vote for the member to be elected pursuant to § 100-12B(2)(c) above. Each property owner of property that includes an office land use shall be entitled to cast one vote for the member to be elected pursuant to § 100-12B(2)(d) above. Each of the two candidates with the first and second highest total vote counts in the member elections held with respect to the land use category described in § 100-12B(2)(a) shall be elected as a voting member of the Board. Each of the two candidates with the third and fourth highest total vote counts in the member elections held with respect to the land use category described in § 100-12B(2)(a) shall be elected as an alternate voting member of the Board, or, if there is no such candidate, the voting member of the Board elected in such election to represent such category shall promptly elect an alternate voting member or members, as applicable, of the Board from among the other members within such land use category. The candidate in each land use category described in § 100-12B(2)(b), (c) and (d) receiving the highest total vote count in such category shall be elected as a voting member of the Board. The candidate with the second highest total vote count in each such category shall be elected as an alternate voting member of the Board, or, if there is no such candidate, the voting member of the Board elected to represent such category shall promptly appoint an alternate voting member of the Board from among the other members within the respective land use category.
(4)
The term of each voting member elected pursuant to § 100-12B(2) above shall commence on the date of the special meeting or annual general meeting, as applicable, of the members of the District to elect said voting members of the Board. Each voting member and alternate voting member shall continue to serve respectively as a voting member or alternate voting member until a successor is elected and qualified.
(5)
If any voting member elected pursuant to § 100-12B(2) above shall for any reason cease to serve as such prior to the end of such voting member's current term, the applicable alternate voting member representing that land use category shall fill the remainder of the term. If any alternate voting member elected pursuant to § 100-12B(2) above shall for any reason cease to serve as such prior to the end of such alternate voting member's current term, the applicable voting member representing that land use category shall appoint a new alternate voting member from among the members of that land use category to fill the remainder of the term. If any voting member elected pursuant to § 100-12B(2) above is absent from a meeting of the Board, his or her respective alternate voting member may act at said meeting in the stead of the respective voting member.
(6)
At the special meeting of the Board described in § 100-12B(1), the Board shall appoint one nonvoting member and one alternate nonvoting member of the Board. Such nonvoting member and alternate nonvoting member shall be a residential tenant residing in a property which constitutes a commercial apartments land use and shall be selected in the following manner:
(a)
No later than 10 days after the bond repayment date, the City Clerk shall notify each property owner whose property constitutes commercial apartments land use of the occurrence of such event. Within 10 days after receipt of such notice, each such property owner shall notify the residential tenants residing in its property (which notice may be made by mail, hand delivery, or electronic mail or by posting a notice in any common area of the property) of such pending appointments and advising such tenants that they may notify the City Clerk in writing of their interest in such position within 50 days following the bond repayment date. Such nonvoting member and alternate nonvoting member shall be appointed by a majority vote of those Board members present and voting at the special meeting of the Board described in § 100-12B(1).
(b)
Following the initial appointment of the nonvoting member of the Board described in § 100-12B(6)(a) above, the nonvoting member and alternate nonvoting member of the Board to be appointed pursuant to § 100-12B(6)(a) shall be appointed by a majority vote of those Board members present and voting at a special meeting of the Board to be held immediately preceding the annual general meeting of the members described in § 100-12G(3) below of each even-numbered year. Solicitation for candidates for such appointment to the Board shall be made at least 30 days prior to the date of the annual general meeting in the manner described in § 100-12B(6)(a).
(c)
The term of any such nonvoting member appointed pursuant to § 100-12B(6)(a) or (b) above shall commence on the date of such appointment. Each nonvoting member and alternate nonvoting member shall continue to serve respectively as a nonvoting member or alternate nonvoting member until a qualified successor is appointed by the Board.
(d)
If such nonvoting member appointed pursuant to § 100-12B(6)(a) or (b) above shall for any reason cease to serve as such prior to the end of such nonvoting member's current term, the alternate nonvoting member appointed pursuant to this § 100-12B(6) shall fill the remainder of the term. If any alternate nonvoting member appointed pursuant to § 100-12B(6)(a) or (b) above shall for any reason cease to serve as such prior to the end of such alternate nonvoting member's current term, the Board shall appoint a new alternate nonvoting member at a special meeting of the Board to be held immediately preceding the next annual general meeting of the members described in § 100-12G(3) below. Candidates for such replacement alternate nonvoting member shall be solicited as provided in § 100-12A(7)(b). If any nonvoting member appointed pursuant to § 100-12B(6)(a) or (b) above is absent from a meeting of the Board, his or her respective alternate nonvoting member may act at said meeting in the stead of the respective nonvoting member.
C.
The Board of Commissioners shall be the executive body governing the day-to-day operations of the District. Unless and until the Board is reconstituted pursuant to § 100-12B, a quorum of the Board shall consist of four voting members with at least three voting members being appointed in accordance with § 100-12A(1) above and actions of the Board shall be taken by a majority vote of those present and voting at any meeting where a quorum is present. From and after the date, if any, on which the Board is reconstituted pursuant to § 100-12B, a quorum of the Board shall consist of three voting members and actions of the Board shall be taken by a majority vote of those present and voting at any meeting where a quorum is present. The Board shall make administrative decisions and establish or interpret policies of the District which are consistent with the purpose, intent and powers of the District. The Board may designate such agents, including, but not limited to, a District manager and a District clerk, as it deems necessary and advisable to act on its behalf in the conduct of the business of the Board.
D.
The Board of Commissioners may hire such staff or consultants considered
necessary to perform the duties and carry out the obligations of the
District as approved in the annual budget and may contract with the
City, the Norwalk Parking Authority or any agency, authority or body
created by the City to provide such services as it deems advisable.
E.
The Board of Commissioners shall elect officers, the positions to
be determined at the first business meeting of the Board after the
District is created and incorporated into the bylaws when written.
F.
No Commissioner shall receive any compensation for service as such,
but may be reimbursed for reasonable expenses incurred on behalf of
the District as determined and approved by the Board.
G.
Meetings:
(1)
The Board of Commissioners shall establish a regular schedule of meetings and provide notice of its regular meetings, including dates, times, and places for said meetings in accord with the provisions of the Freedom of Information Act, Chapter 14 of the Connecticut General Statutes, as that Act may be amended or recodified from time to time (the FOIA).
(2)
The Board of Commissioners may call special meetings from time to
time as necessary to conduct the business of the District. The Board
of Commissioners shall provide notice of the special meeting setting
forth the date, time, place and subject matter of the meeting in accordance
with the FOIA.
(3)
There shall be at least one annual general meeting of members to
review the activities of the District and to conduct District elections
when appropriate. Said meeting shall be held on the first Tuesday
following the first Monday in January, provided that if such day falls
upon a holiday, such meeting shall be held on the next Tuesday thereafter.
The Town Clerk shall warn the annual general meeting of members by
publishing a notice thereof in a newspaper having a general circulation
in the City not less than 10 days prior to the date of said meeting.
Said meeting shall be conducted in conformance with the provisions
of Mason's Manual.
A.
The fiscal year of the District shall begin on the first day of July
and shall end on the last day of June of each calendar year. The first
fiscal year of the District shall commence on July 1 of the year in
which the public improvements closing occurs.
B.
The Board of Commissioners shall prepare and adopt the first annual budget for the District on or before the date of the public improvements closing and annually thereafter. The budget shall include proposed expenditures, revenues and a recommended tax levy for the District. The procedures set forth in § 100-13C shall not apply to the adoption of the first annual budget, but said procedures shall serve to guide the Board of Commissioners in the process which it establishes for the adoption of the first annual budget.
C.
Budget procedures:
(1)
Not later than 135 days before the end of the fiscal year, the City
shall provide the Board of Commissioners a statement detailing the
square footage of gross floor area allocated to each of the land use
categories and of each taxable interest in real estate classified
within each of those land use categories.
(2)
Not later than 115 days before the end of the fiscal year, the Board
of Commissioners shall compile and shall file with the City Clerk
detailed preliminary estimates of the expenditures to be made by the
District, the estimated revenue, other than levy revenues, to be collected
by the District in the ensuing fiscal year and the estimated levy
on each land use category to be recommended by the Board. The budget
shall include the cost of inspecting and preparing a written maintenance
and capital improvements report detailing the condition of all public
improvements and recommendations with respect thereto.
(3)
The Board of Commissioners shall schedule and hold one or more public
hearings, the first of which shall take place not later than 90 days
before the end of the fiscal year on the proposed annual budget for
the District for the ensuing fiscal year. The City Clerk shall publish
notice thereof in a newspaper having a general circulation in the
City not less than 10 days prior to the date of the first of said
hearings. At said hearings any member shall have an opportunity to
be heard regarding appropriations for the ensuing fiscal year.
(4)
Not later than 80 days before the end of the fiscal year the Board
of Commissioners shall, by resolution, adopt a budget for the ensuing
fiscal year, including its recommended levy upon all taxable interests
in real estate constituting residential land uses, office land uses,
commercial land uses or commercial apartments land uses within the
District as necessary to support the District's budget, and file
the same with the City Clerk not later than 60 days before the end
of the fiscal year. Under no circumstances shall the budgeted expenditures
of the District for any fiscal year be permitted to exceed budgeted
revenues.
(5)
Expenditures in any fiscal year shall be made in accordance with
the budget so adopted, or as amended by the Board of Commissioners
from time to time. Should the Board of Commissioners fail to adopt
a budget as hereinabove set forth, the most recently adopted budget
shall remain in effect for the ensuing fiscal year(s) until such may
be amended by the Board of Commissioners pursuant to the procedures
set forth in this subsection for the adoption of an annual budget.
D.
Except as otherwise provided in § 100-13E, the recommended levy established by the Board for any fiscal year shall not exceed $877,848 and shall be subject to the further limitations that:
(1)
The aggregate tax levy on all taxable interests in real estate constituting
commercial land uses shall not exceed $712,848 and the tax levy with
respect to each individual taxable interest in real estate constituting
a commercial land use shall not exceed $6 per square foot of gross
floor area;
(2)
The aggregate tax levy on all taxable interests in real estate constituting
office land uses shall not exceed $165,000 and the tax levy with respect
to each individual taxable interest in real estate constituting an
office land use shall not exceed $3 per square foot of gross floor
area;
(3)
The aggregate tax levy on all taxable interests in real estate constituting
residential land uses shall not exceed $0 and the tax levy with respect
to each individual taxable interest in real estate constituting a
residential land use shall not exceed $1 per square foot of gross
floor area; and
(4)
The aggregate tax levy on all taxable interests in real estate constituting
commercial apartments land uses shall not exceed $0 and the tax levy
with respect to each individual taxable interest in real estate constituting
a commercial apartments land use shall not exceed $1 per square foot
of gross floor area;
E.
The limitations imposed upon the recommended levy pursuant to § 100-13D hereof shall be subject to adjustment if the District is expanded in accord with the terms of § 100-17 of this Article II in which case the maximum recommended levy shall be increased by an amount equal to $6 per square foot of additional gross floor area approved as commercial land use, and/or $3 per square foot of additional floor area approved as office land use, and/or $1 per square foot of additional gross floor area approved as residential land use, and/or $1 per square foot of additional gross floor area approved as commercial apartments land use; provided, however, that notwithstanding expansion of the District to include all or any portion of the SSD expansion area in no event shall the recommended levy established by the Board for any fiscal year exceed $3,974,189.
F.
All recommended levies shall be allocated between the various land use categories based upon the $6/$3/$1/$1 ratio described hereinabove. Municipal land uses and other land uses exempt from property taxation pursuant to any applicable provision of law shall not be subject to any levy imposed by the City on behalf of the District. Notwithstanding any other provision hereof to the contrary, any taxable interest in real estate established or created during a fiscal year, whether through division of a taxable interest in real estate into multiple parts or through any other mechanism whatsoever shall become subject to levy pursuant to this Article II commencing with the calendar month in which that taxable interest in real estate is established or created (but in no event earlier than the calendar month in which the public improvements closing occurs) and the levy for any such taxable interest in real estate shall be prorated on a monthly basis during said fiscal year. Any common area within a building which serves more than one land use category shall be classified as belonging to that land use category which otherwise occupies the greatest portion of the floor area on the floor upon which said common area is located.
G.
The levy on the taxable interests in real estate in the District
shall be due and payable in two equal installments, due on or before
July 1 and January 1 in the same manner as property tax bills of the
City. Each year the Tax Collector of the City shall, accordingly,
provide property owners with statements detailing the amount of their
annual levies and the semiannual installment amounts. Said statements
may be provided with, or incorporated into the property tax bills
of the City. Delinquent charges shall be assessed on late District
tax payments and shall be computed in the same manner used for establishing
delinquent charges on property tax bills of the City.
H.
The City shall be obliged to impose the recommended levy as a municipal levy and to collect the revenues accruing therefrom. All moneys, including, but not limited to levies or any income, proceeds or fees issuing from the provision of services by the District or other business conducted by the District received by the Board or by the City on behalf of the District shall be paid into an enterprise fund established by the City which shall be maintained by the City exclusively for the District, including without limitation meeting its obligations under the SSD parking facilities license services agreement. The Controller of the City shall disburse funds from the account to the District solely upon written request of a duly authorized representative of the District made in accordance with the then current approved annual budget of the Board of Commissioners of the District; provided, however, that all or any portion of the surplus remaining in said fund as of the end of any fiscal year of the District after payment of all operating costs of the public parking garages and other public improvements maintained by the District [including, without limitation, license fees payable under Section 4.a.(i)(A) and (B) of the SSD parking facilities license services agreement], repair and replacement reserves as to such public parking garages and improvements and administrative costs of the District pursuant to said annual budget for such fiscal year shall be paid to the City as an additional license fee paid under the SSD parking facilities license services agreement, provided that such additional license fee is used by the City for the sole purpose of the City's purchase or redemption of all of the bonds prior to their maturity; and provided, further, however, that in the event that upon the earlier to occur (the surplus calculation date) of the bond maturity date and the payment in full of the bonds issued under the West Avenue Corridor Public Improvements Bond Resolution, there is a surplus in said enterprise fund, the portion thereof attributable to parking revenue collected by the District from the parking facilities shall be paid to the City as an additional license fee under the SSD parking facilities license services agreement prior to the occurrence of the election pursuant to § 100-12B above, and the balance shall remain available for use by the District as determined by the reconstituted Board of Commissioners or its successors. As used herein, "the portion thereof attributable to parking revenue collected from the parking facilities" shall be calculated by multiplying the surplus by a fraction, the numerator of which is the aggregate amount of parking revenue collected during the period of the City's ownership of said parking facilities up to and including the surplus calculation date, and the denominator is the aggregate amount of (x) the foregoing numerator, plus (y) all taxes levied by the District on or before the surplus calculation date. The District shall set forth in its bylaws the procedures for approving disbursement of funds and requesting disbursement from the Controller of the City. The enterprise fund shall be treated as a separate fund exclusively for the District for accounting and reporting purposes under the rules of the Governmental Accounting Standards Board. The District shall keep accurate records of all revenues collected from the parking facilities, the levies collected hereunder and all expenses and any surplus and file a detailed report thereof with the City Clerk within 90 days after the close of each fiscal year. Such records may be inspected by any property owner during normal business hours.
I.
Pursuant to Section 7-339q of the Connecticut General Statutes, as
that section may be amended or recodified from time to time, all orders
or contracts for expenditures by the Board of Commissioners or its
agents on behalf of the District which are greater than $5,000 shall
be awarded to the lowest responsible qualified bidder only after a
public invitation to bid, which shall be advertised in a newspaper
having circulation in the District.
J.
An annual financial report of all District revenues and expenditures
shall be submitted to the Board of Commissioners and the City Clerk
within 60 days following the end of each fiscal year. Such report
shall include, but shall not be limited to, a listing of major disbursements
and sources of receipts by the District.
K.
The Board of Commissioners shall have an independent financial audit
of the District's financial affairs conducted by a certified
public accountant within 180 days of the end of the fiscal year. Said
audit shall be performed in accordance with the provisions of Chapter
111 of the Connecticut General Statutes, the Municipal Auditing Act,
as that chapter may be amended or recodified from time to time. A
copy of the audit shall be forwarded to the Finance Director of the
City and the City Clerk. Said audit may be conducted in conjunction
with an independent audit of the City's financial affairs.
The City, the Norwalk Parking Authority or any agency, authority or body created by the City may enter into a contract with the District pursuant to Section 7-339t of the Connecticut General Statutes in which the City, the Norwalk Parking Authority or any agency, authority or body created by the City is excused from providing to the District some or all of the services which the District is authorized to provide pursuant to this Article II and in which the District agrees to provide all such services from which the City, the Norwalk Parking Authority or any agency, authority or body created by the City has been excused. The City, the Norwalk Parking Authority, or any agency, authority or body created by the City, and the District may also enter into contracts pursuant to Section 7-339t of the Connecticut General Statutes in which the District is given the right to elect to purchase from the City, the Norwalk Parking Authority or any agency, authority or body created by the City some or all of the services for which the District has become responsible. Any contracts executed pursuant to this § 100-14 shall not be subject to the requirements of § 100-13H of this Article II.
A.
The District may be dissolved by an ordinance repealing this Article II or after a referendum is conducted by the Board of Commissioners among all property owners within the District on the question of whether the District shall be dissolved, in which event, such referendum shall be conducted, and the outcome determined, in the same manner as the referendum establishing the District described in § 100-11 of this Article II.
B.
In the event the District is dissolved, the Board of Commissioners
shall proceed to wind up the affairs of the District as of the end
of the current fiscal year. If, after dissolution of the District,
there are outstanding liabilities or obligations, whether fixed or
contingent, the Common Council of the City may impose, in addition
to the regular municipal levy, a levy on the taxable interests in
real estate within such district pursuant to Section 7-339s of Chapter
105a of the Connecticut General Statutes for as many years as such
liabilities remain outstanding.
C.
For purposes of this § 100-15, the obligations of the District pursuant to any municipal service agreements, contracts or other agreements between the District and the City shall be deemed to be outstanding liabilities or obligations and the Common Council of the City may impose such an additional levy as is necessary to fulfill the obligations of the District to the City pursuant to any such agreements for the remainder of their original term(s). Any levy imposed by the Common Council of the City pursuant to this section shall be calculated to produce enough revenues to satisfy and release all liabilities and/or obligations of the District as they become due but shall otherwise be subject to any limitations set forth in this Article II. The revenue collected shall be deposited into the general fund of the City and disbursed solely for the purposes stated herein. If, after dissolution of the District, there are assets which remain following the winding up of the affairs of the District, such assets shall be transferred to the City.
All interests in real property held and all personal property
owned by the District shall not be subject to any property tax levied
by the City.
A.
Any property owner whose real property is located outside the District
but within the SSD expansion area may request that such real property
be incorporated into the District. Such owner shall make such request
to the Board of Commissioners in writing by certified mail, return
receipt requested. This request must be signed by the property owner
of the real property which is the subject of such request or by owners
having greater than 50% interest in said real property, or a representative
of such owner(s) authorized to sign such a request. All such requests
shall be granted by the Board of Commissioners. At the time any such
real property is incorporated into the District, there shall also
be incorporated into the District that portion of any street right-of-way
that is both located within the SSD expansion area and adjacent to
such real property.
B.
The Board of Commissioners shall notify the Tax Assessor and the
City of additions to the District and record a copy of the written
notification in the land records of the City. The levy imposed on
any taxable interest in real estate of a property incorporated into
the District after its inception shall be at the same rate as that
imposed upon all other taxable interests in real estate in the District
in the same land use category, but shall be prorated in the fiscal
year of such incorporation to cover the period from the date upon
which such request is granted to the end of said fiscal year.
