[Adopted 11-25-2014]
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 established a special services district known as
the "Birchwood Townhouses Special Services District." The purpose
of the Birchwood Townhouses Special Services District is to light
streets and public access areas, provide landscaping, maintain roads,
and perform other tasks deemed necessary by the district which are
specifically named powers within this ordinance.
B.
The boundaries of the Birchwood Townhouses Special Services District
are established as shown on the map entitled "Subdivision prepared
for the Bossert Corporation," specifically Lot 9 on said map, certified
"substantially correct" by Harry E. Bryan licensed surveyor, dated
June 10, 1964, a copy of which is on file with the City of Norwalk.
C.
This ordinance supplements the ordinance approved by the Common Council
on April 24, 1984, by which the District was originally established.
The following words, terms and phrases, as used in this Article III, shall have the meanings ascribed to them in this § 100-19, except as otherwise provided herein or where the context clearly indicates a different meaning:
The City of Norwalk, Connecticut.
Any member of the Board of Commissioners.
Refers to this article entitled "An Ordinance Establishing
the Birchwood Townhouses Special Services District."
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 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 § 100-18 of this Article III, or, following the dissolution of the District, as located within the boundaries of the District at its dissolution.
Refers to an interest in real estate which is not exempt
from property taxes levied by the City pursuant to the provisions
of the Connecticut General Statutes.
Pursuant to Section 7-339n of the Connecticut General Statutes,
as that section may be amended or recodified from time to time, the
Birchwood Townhouses Special Services District shall constitute a
body politic and corporate and shall have the following powers:
A.
To sue and be sued;
B.
To acquire, hold and convey any estate, real or personal;
C.
To contract;
D.
To borrow money, provided that any obligation incurred for this purpose
shall be discharged in accordance with the provisions of this ordinance
not more than seven years after it was incurred, and the District
may pledge any revenues to be received pursuant to Section 7-339r
of the Connecticut General Statutes against any such obligation;
E.
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;
F.
To construct, own, operate, and maintain public or common improvements;
and
G.
To provide within the District some or all of the other services
which the City is authorized to provide therein.
The provisions of this Article III shall be deemed effective as of the June 5, 1984 referendum approving the establishment of the District according to the method and manner provided in Section 7-339p of the Connecticut General Statutes.
A.
The business of the District shall be conducted by a Board of Commissioners
consisting of five voting members, each of whom shall be a property
owner or a property owner's spouse.
B.
At each annual meeting of the property owners, two or three Commissioners,
as the case may be, shall be elected for a two-year term, and the
terms of at least 1/3 of the members of the Board of Commissioners
shall expire annually. The members of the Board of Commissioners shall
hold office until their respective successors have been elected by
the property owners.
C.
The Board of Commissioners may hire such staff, consultants, or managing
agents 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 or any agency, authority or body created by
the City to provide such services as it and the City deem advisable.
D.
The Board of Commissioners shall elect officers, the positions to
be determined by the Board and incorporated into the District's
bylaws.
E.
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.
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.
B.
Not later than 40 days before the end of each 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 within the District as necessary to support the District's
budget, and file the same with the City Clerk not later than 30 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.
C.
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 section for the adoption of an annual budget.
D.
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.
E.
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. 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.
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 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.
F.
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.
G.
An annual financial report of all District revenues and expenditures
shall be submitted to the Board of Commissioners and the City Clerk
within 90 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.
The City or any agency, authority or body created by the City may, at its sole discretion, enter into a contract with the District pursuant to Section 7-339t of the Connecticut General Statutes in which the City 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 III and in which the District agrees to provide all such services from which the City or any agency, authority or body created by the City has been excused. The City or any agency, authority or body created by the City may, at its sole discretion, also enter into contracts with the District 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 or any agency, authority or body created by the City some or all of the services for which the District has become responsible.
A.
The District may be dissolved by an ordinance repealing this Article III or after a referendum is conducted by the Board of Commissioners in accordance with Section 7-339s of Chapter 105a of the Connecticut General Statutes.
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 section, 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 III. 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 personal property owned by the District shall
not be subject to any property tax levied by the City.
