[Ord. of 12-4-02(3), § 1]
The purpose of this article is to provide for the creation of
a water commission to operate and maintain the private waterworks
system whose acquisition from the Eastern Connecticut Regional Water
Company the Town approved by referendum vote on June 11, 2002, and
to exercise the powers and responsibilities stated elsewhere in this
article.
[Ord. of 12-4-02(3), § 2]
COMMENCEMENT DATE — In any year, the first Monday
in December.
The private waterworks system that the Town by referendum
on June 11, 2002, voted to acquire from the Eastern Connecticut Regional
Water Company, and any extensions made to that waterworks system after
the Town acquires it.
[Ord. of 12-4-02(3), § 3]
The commission shall consist of five members and three alternates,
chosen as stated below. All members and alternates shall serve on
the commission without compensation.
(1)
Ex-officio members. There shall be two ex-officio members each of
whom shall have a designated alternate. The ex-officio members and
their alternates shall enjoy voting rights on the commission.
a.
One ex-officio member shall be the Town's director of health. The
Board of Selectmen shall designate as alternate to the director of
health either:
b.
The Board of Selectmen shall choose the second ex-officio member
from among the membership of the Board of Selectmen, and shall choose
that ex-officio member's alternate from the Board of Selectmen as
well.
c.
The terms of these ex-officio members and their alternates shall
run concurrently with the terms of their offices as director of health,
sanitarian or members of the Board of Selectmen. The term to be served
by any elector appointed as alternate to the director of health when
the water commission is first organized shall run from the time of
appointment until the second commencement date; succeeding terms to
be served by any elector appointed as alternate to the director of
health shall run for two years each, measured from the appropriate
commencement date.
(2)
Public members.
a.
The Board of Selectmen shall appoint the remaining three members
and an alternate from among the electors of the Town. At least one
but no more than two of the three regular members and their alternate
shall reside in a house or be employed in a business which receives
water from the Town's water supply system. These three regular members
and their alternate shall be appointed for staggered terms as stated
below. Each initial term and succeeding term shall end on the Sunday
before the commencement date referred to:
b.
The initial term of one regular member shall end on the Sunday before
the second commencement date after the member's initial appointment;
c.
The initial term of one regular member and the alternate shall end
on the Sunday before the third commencement date after their initial
appointment;
d.
And the initial term of the third regular member shall end on the
Sunday before the fourth commencement date after the member's initial
appointment.
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After the initial terms of the regular members and their alternate
their successors shall be appointed to terms of three years beginning
on the appropriate commencement date.
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[Ord. of 12-4-02(3), § 4]
A quorum of the water commission shall require the attendance
of at least four commission members or their designated alternates.
The approval of any motion before the water commission shall
generally require the favorable vote of at least three members or
their designated alternates. However, any motion requiring (1) any
extension of the Town's water supply system, (2) capital improvements
to the Town's water supply system or (3) the establishment of use
rates for the Town's water supply system, shall be passed only by
the favorable vote of at least four members or their designated alternates.
All motions requiring the approval of four members or their designated
alternates shall be subject to Board of Selectmen and Town meeting
approval and to the approval of the Town referendum as the Town's
charter may require.
[Ord. of 12-4-02(3), § 5]
The water commission shall have the following powers:
(1)
To operate, maintain and repair the Town water supply system.
(2)
To select and recommend to the Board of Selectmen a private water
company to operate and maintain the Town water supply system, and
to monitor and comment to the Board of Selectmen upon the performance
of any private water company which operates and maintains the Town
water supply system.
(3)
Subject to the approval of the Board of Selectmen and the Town meeting,
to establish rates for use of the Town water supply system, and to
hold such public hearings on proposed use rates as may be required
by the Connecticut General Statutes. The use rates set shall be sufficient
each year.
(4)
To consider and recommend the extension of or other capital improvements
to the Town water supply system, but all such extension plans or capital
improvements will be subject to the approval of the Board of Selectmen
and the Town meeting, and to a Town referendum if the Town charter
so requires. The extension of or other capital improvements to the
Town water supply system shall be financed entirely through (a) user
fees, (b) assessments levied upon or agreements made with property
owners affected, (c) revenue bonds issued in accordance with C.G.S.
Ch. 102, or (d) any combination of those devices. Some or all of such
extension or capital improvements may be financed from the Town's
general revenues, with or without the issuance of general obligation
bonds, provided the Board of Selectmen, the Town meeting, and the
Town referendum (if required by Charter) all approve.
(5)
To devise regulations for the operation, maintenance and repair of
the Town water supply system, subject to the approval of the Board
of Selectmen. Such regulations shall include, without being limited
to, a procedure by which users of the Town water supply system may
present complaints about the maintenance and operation of the water
supply system to the water commission and then to the Board of Selectmen
if the water commission does not resolve the complaint to the user's
satisfaction.
(6)
After notice to the property owner and opportunity for hearing as
required by the Connecticut General Statutes, to determine the assessment
of benefits to be imposed on any property which will be served by
an extension or improvement of the Town water supply system.
(7)
To prepare and present to the state department of health and the
state department of public utility control and to other appropriate
federal, state and local agencies such applications and reports as
may be lawfully required for the operation, maintenance, repair and
expansion of the Town water supply system.
(8)
To hire a staff for its purposes, subject to the limits of the water
commission's budgetary appropriation.
(9)
To exercise all powers granted to water commissions by the Connecticut
General Statutes and the Durham Town Charter, provided the exercise
of such powers is consistent with the specific powers granted in this
article.
[Ord. of 12-4-02(3), § 6]
The Durham Tax Collector shall collect all user charges imposed
for the use of the Town water supply system and shall collect all
assessments of benefits imposed for the expansion or improvement of
the system.
The Town, through its Tax Collector for unpaid charges and through
the chairman of the water commission for assessment of benefits, may
place liens on the affected properties to secure the payment of the
unpaid charges or the benefits assessed. Such liens shall continue
for the amount of time stated therein or as permitted by the Connecticut
General Statutes and may be foreclosed in the same manner as provided
by law for the foreclosure of real property tax liens.
The water commission, with the approval of the Board of Selectmen,
may delegate to any private water company which operates the Town
water supply system the responsibility for billing and receiving payment
for the water use charges. If such delegation is made, the Tax Collector
shall remain responsible for filing liens to secure payment of delinquent
water use charges and for foreclosing on any such liens.
