City of Norwalk, CT PART 2 THE TAXING DISTRICTS [1]

[1] NOTE: Comment of the 2023 Charter Revision Commission. Part 2 of this Charter recodifies all the current charter provision pertaining to the First, Second, Third and Sixth Taxing Districts. The First, Second, Third and Sixth Taxing Districts, as defined in § 2-2.B((35), above, and as further set forth in Article XII of Part 2 of this Charter, are quasi-municipal corporations, bodies politic or political subdivisions of the state. The First, Second and Third Taxing Districts are funded through their respective utilityEditor' revenues and thereby, impose no separate district tax; while the Sixth Taxing District levies a tax for the services it provided for its parks and beaches, garbage collection, library and fire service. The 2023 charter revision did not embark on any changes in the provisions of this Charter other than some minor edits, including the effort to engage in gender neutrality, capitalization of defined terms and placement of provisions that were in the body of the Charter and were more aptly placed in the provisions dealing with the Taxing Districts. The Commission believes that Part 2 should be thoroughly reviewed by the governing bodies of the Taxing Districts. As the reader can see by reviewing the annotations, the Commission itself did not make any changes other than gender neutralization and to capitalization of defined terms. In this section of the Charter, we will retain the internal references to the Charter in effect prior to the effective date of the 2023 revision hereinafter referred to as the "Prior Charter." The provisions of the Prior Charter are referenced in the endnotes.

ARTICLE XII TAXING DISTRICTS

§ 12-1 General.

A. Division into six Taxing Districts[1]. The City is divided into six Taxing Districts. The First and Second Wards[2] shall be the First and Second Taxing Districts[3]. So much of the territory of the City as is included within the boundaries of the East Norwalk Fire District, as the same existed at the passage of the consolidation act, shall be the Third Taxing District[4]. So much of the territory of the City as is included in the First, Second and Third Wards, together with such additional territory situated in the Fourth or Fifth Wards as may at any time hereafter be designated, defined and specified by the Common Council, as provided in § 1-17 of the Prior Charter shall be the Fourth Taxing District. The Fifth Taxing District shall be the entire City.

[1] NOTE: 2023 recodification of current Article II, Part 1. General, § 1-16. Derived from Sp. Laws 1913, No. 352, § 4; Sp. Laws 1929, No. 82, § 1.

[2] NOTE: Editor's Note: For descriptions of Wards refer to Art. I, § 1-3.

[3] NOTE: Editor's Note: For First Taxing District see Art. II, Part 2. For Second Taxing District see, Art. II, Part 3.

[4] NOTE: Editor's Note: For Third Taxing District see Art. II, Part 4.

B. Division of City into Wards[5]. For the purposes of the Taxing Districts and other reason as may be stated by Law, the City is divided into five wards: So much of the territory of said city as is included within the boundaries of the former City of Norwalk as the same existed prior to its consolidation with the City of South Norwalk and the East Norwalk Fire District in 1913 shall be the First Ward. So much of the territory of said City as is included within the boundaries of the former City of South Norwalk as the same existed at its consolidation with the City of Norwalk and the East Norwalk Fire District in 1913 shall be the Second Ward. So much of the territory of said City as is included within the following boundaries: Commencing at a point on the boundary line between said City and the Town of Westport where the center line of the New York, New Haven and Hartford Railroad intersects the same, thence southerly along said boundary line to the southeast corner of said city, thence westerly along the southerly line of said city to the southeast corner of the Fifth Ward, thence northerly along the easterly line of said Fifth Ward to the intersection of the same with the southerly line of the Second Ward, thence northerly along the easterly line of said Second Ward to the intersection of the same with the southerly line of the First Ward, thence easterly along the southerly line of the First Ward to the southeast corner of said First Ward, and thence easterly in a straight line to the point or place of beginning, shall be the Third Ward. So much of the territory of said city as lies southerly and westerly of a line commencing at the intersection of the center line of Connecticut Avenue and the boundary line between said city and the Town of Darien, thence running easterly along the center line of said Connecticut Avenue to the westerly line of said Second Ward, thence running southerly along the westerly line of said Second Ward and easterly along the southerly line of said Second Ward to the intersection of the same with the westerly line of the former East Norwalk Fire District, and thence southerly in a direct north and south line along the westerly line of the former East Norwalk Fire District to the southerly line of said city, shall be the Fifth Ward. All the remaining portion of the present City of Norwalk not included in the description of the First, Second, Third and Fifth Wards shall be the Fourth Ward.

[5] NOTE: 2023 recodification of current Article I - General. § 1-3. Derived from Sp. Laws 1969, No. 186, § 2. Historical Editor's Note 1: Editor's Note: See Art. II, § 1-16, for division of city into taxing districts. Historical Editor's Note #2.: Former § 1-3 adopted as § 55 of Sp. Laws 1913, No. 352, as amended, was repealed by Sp. Laws 1969, No. 186, § 3.

C. Taxing District Officers.

(1) Board of Commissioners and Treasurer in First Taxing District[6]. At the election for the choice of City and town officers in 1913, there shall be elected in the First Ward by the electors of the First Taxing District three Commissioners for the terms of office of two, four and six years, respectively, who shall hold office for the terms and until their successors are elected and qualified and there shall be elected a Treasurer of the First Taxing District who shall hold office for the term of two years and until successor is elected and qualified. Biennially thereafter there shall be elected in the First Ward by the electors of the First Taxing District one Commissioner who shall hold office for the term of six years and until A successor is elected and qualified, and a Treasurer of the First Taxing District who shall hold office for the term of two years and until a successor is elected and qualified. The terms of office of the Commissioners and Treasurer shall begin on the Wednesday following their election.

[6] NOTE: 2023 recodification of current Article III - Part 1. In General, § 1-175. Derived from Sp. Laws 1913, No. 352, § 56. Historical editor's Note: See § 1-24.

(2) Board of Commissioners, Board of Electrical Commissioners and Treasurer in Second Taxing District[7]. At the election for the choice of City and town officers in 1913, there shall be elected in the Second Ward by the electors of the Second Taxing District three Commissioners for the terms of office of two, four, and six years, respectively, who shall hold office for the terms and until their successors are elected and qualified, and there shall be elected in the Second Ward by the electors of the Second Taxing District three members of the Board of Electrical Commissioners, which members shall hold office for the terms of two, four and six years, respectively, and until their successors are elected and qualified, and there shall be elected a Treasurer of the Second Taxing District who shall hold office for a term of two years and until a successor is elected and qualified. Biennially thereafter there shall be elected in the Second Taxing District one Commissioner and one member of the Board of Electrical Commissioners, each of whom shall hold office for the term of six years and until a successor is elected and qualified, and a Treasurer of the Second Taxing District who shall hold office for the term of two years and until a successor is elected and qualified. The terms of office of the Commissioners and Treasurer shall begin on the Wednesday following their election.

[7] NOTE: 2023 recodification of current Article III - Part 1. In General, § 1-176. Derived from Sp. Laws 1913, No. 352, § 57. Historical Editor's Note: See also § 1-78.

(3) Board of Commissioners and Treasurer in Third Taxing District[8]. At the election for the choice of City and town officers in 1913, there shall be elected in the Third Ward by the electors of the Third Taxing District three Commissioners for the terms of office of two, four, and six years, respectively, who shall hold office for the terms and until their successors are elected and qualified, and there shall be elected a Treasurer of the Taxing District[9] who shall hold office for the term of two years and until a successor is elected and qualified. Biennially thereafter there shall be elected in the Third Taxing District by the electors of the district, a Commissioner who shall hold office for the term of six years and until a successor is elected and qualified, and a Treasurer of the Third Taxing District who shall hold office for the term of two years and until a successor is elected and qualified. The terms of office of the Commissioners and Treasurer shall begin on the Wednesday following their election.

[8] NOTE: 2023 recodification of current Article III - Part 1. In General, § 1-177. Derived from Sp. Laws 1913, No. 352, § 58. Historical Editor's Note: For further provisions see § 1-117 supra.

[9] NOTE: Historical Editor's Note: The Third Taxing District is meant.

D. Vacancies in Elected Offices of the First, Second, Third or Sixth Taxing Districts[10]. If a Vacancy occurs in any elected office of the First, Second, Third or Sixth Taxing District of the City, the Vacancy shall be filled by the Commissioners of the district in which the same occurs.

[10] NOTE: 2023 recodification of current Article III - Part 1. In General, § 1-174. Derived from Sp. Laws 1913, No. 352, § 55; Sp. Laws 1915, No. 367, § 2; Sp. Laws 1921, No. 334, § 3; Sp. Laws 1969, No. 186, No. 283, § 3; Charter Amendment 11-7-1972; Charter Amendment 8-29-1978. Historical Editor's Note: (1) This § 1-174 was amended pursuant to the court decision in the First Taxing District et al v. City of Norwalk case; and, (2) Editor's Note: Approved by the electorate at the general election held 11-7-1978.

E. Extensions and exclusions of Taxing Districts[11].

(1) Authority of the Council to Extend Limits of the Fourth Taxing District[12]. The Common Council is empowered to extend the limits of the Fourth Taxing District to include any part or parts of the Fourth or Fifth Wards of the City. Notice of such proposed action by the Council shall be given by publication thereof, at least ten Days prior to any such meeting, in a newspaper published in the City, which notice shall describe the territory so to be included. If the territory of the Fourth or Fifth Wards to be included in the extension of the limits of the Fourth Taxing District shall be connected by sewer or sewers with the Fourth Taxing District, such extension may be made at the will of the Council after notice as aforesaid. In case the territory so to be included shall not be connected by sewer or sewers with the Fourth Taxing District, the limits of the Fourth Taxing District shall not be extended by the Council to include such proposed additional territory unless a petition for such extension and inclusion, signed by a majority of the electors of the City residing in the territory so to be included, shall be filed with the City Clerk of the City.

[12] NOTE: 2023 recodification of current Article II, Part 1. General, § 1-17 (First paragraph).

(2) Authority of the Council to Exclude Territory from the Fourth Taxing District[13]. The Common Council is empowered to exclude from the Fourth Taxing District any territory of the Fourth and Fifth Wards of the City, if such territory shall not be connected by sewer or sewers of the Fourth Taxing District. Notice of such proposed action by the Council shall be given by publication thereof, at least ten (10) Days prior to such meeting, in a newspaper published in the City, which notice shall describe the territory so to be excluded.

[13] NOTE: 2023 recodification of current Article II, Part 1. General, § 1-17 (Second paragraph).

[11] NOTE: 2023 recodification of current Article II, Part 1. General, § 1-17. Derived from Sp. Laws 1913, No. 352, § 4; Sp. Laws 1929, No. 82, § 2; Sp. Laws 1949, No. 399.

F. Proportioning of former expenses and burdens[14]. All inhabitants and property within the limits of the Fifth Taxing District shall be liable to the burdens and expenses heretofore borne by the Town of Norwalk and herein imposed upon the City by this act to the same extent as they would be liable if the burdens, expenses, duties, and powers had not been transferred from the Town of Norwalk to the City, and in addition thereto, for the expenses of the Board of Health, and the salaries of all elective officials of the City, and the clerical and incidental expenses of their respective offices, except the Commissioners and Treasurer elected in the First, Second, and Third Taxing Districts of the City. All expense of permanent improvement of the highways in the Fourth Taxing District, including paving and the care of the same, shall be borne by the Fourth Taxing District. All other burdens and expenses of the City shall be met by taxes levied upon the inhabitants and property within the limits of the Fourth Taxing District, and it shall be the duty of the assessors to indicate in the completed list of the City, and by separate lists, the property and amount thereof taxable in each of the several Taxing Districts herein created, and the money derived from the taxation of the inhabitants and property of each of the aforesaid Taxing Districts shall not be used for any other purpose than to defray the burdens and expenses of such Taxing Districts as herein imposed.

[14] NOTE: 2023 recodification of current Article II, Part 1. General, § 1-18. Derived from Sp. Laws 1913, No. 352, § 10; Sp. Laws 1915, No. 367, § 1.

G. Fiscal year and annual meeting of First, Second and Third Taxing Districts[15]. The fiscal year[16] of the First Taxing District, of the Second Taxing District and of the Third Taxing District, respectively, of the City of Norwalk shall begin on the first Day of January and terminate on the last Day of December. Beginning in the year 1956, the annual meeting of each of the districts shall be held on the first Wednesday of March, and Public Notice of each such meeting shall be given in the same manner as is provided in the Charter of the City.

[15] NOTE: 2023 recodification of current Article II, Part 1. General, § 1-19. Derived from Sp. Laws 1937, No. 283, § 1; Sp. Laws 1939, No. 183; Sp. Laws 1945, No. 265, §§ 1, 2; Sp. Laws 1955, No. 438, § 1.

[16] NOTE: Historical Editor's Note: See also, § 1-289.

H. Repeal of inconsistent, former provisions[17]. Any provisions of §§ 1-23, 1-77 or 1-116[18] of an act, approved June 6, 1913, entitled "An Act consolidating the Town of Norwalk with the Cities of Norwalk and South Norwalk and the East Norwalk Fire District, and incorporating the City of Norwalk," inconsistent with the provisions of this act, is [are] repealed.

[17] NOTE: 2023 recodification of current Article II, Part 1. General, § 1-20. Derived from Sp. Laws 1937, No. 283, § 2.

[18] NOTE: Editor's Note: See § 1-23; § 1-77; § 1-116.

I. Appropriation and acquisition of land for parking[19]. To relieve congestion on the highways of the First, Second and Third Taxing Districts of the City of Norwalk, the Taxing Districts are authorized to acquire, by lease, deed or gift, such real estate in the districts as to the Commissioners of the districts shall appear necessary to provide suitable spaces or places for the parking of automobiles and other vehicles, and 12- to make any necessary appropriation of funds for such purposes. In the event that the districts, acting through their the Commissioners, shall be unable to agree with any property owners whose land shall be deemed necessary for such parking spaces or places, on the price to be paid therefor, the Commissioners, for and in the name of the districts, may acquire the same by condemnation proceedings, in which case the districts shall follow the same procedure for acquiring the land as is prescribed and set forth in this Charter to be followed by the First and Second Districts for the acquisition of land for the uses of the water department of the First and Second Districts.

[19] NOTE: 2023 recodification of current Article II, Part 1. General, § 1-21. Derived from Sp. Laws 1941, No. 445; Sp. Laws 1959, No. 93.

J. Vacancies in Elective Offices of the First, Second, Third or Sixth Taxing Districts[20]. If a Vacancy occurs in any elective office of the First, Second, Third or Sixth Taxing District of the City, such Vacancy shall be filled by the Commissioners of the district in which the same occurs.

[20] NOTE: 2023 recodification of current Article III - Part 1. In General, § 1-174. Derived from Sp. Laws 1913, No. 352, § 55; Sp. Laws 1915, No. 367, § 2; Sp. Laws 1921, No. 334, § 3; Sp. Laws 1969, No. 186, No. 283, § 3; Charter Amendment 11-7-1972; Charter Amendment 8-29-1978. Historical Editor's Note: (1) This § 1-174 was amended pursuant to the court decision in the First Taxing District et al v. City of Norwalk case; and, (2) Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 12-2 Powers of the Council: Public Lighting. [1]

The Common Council shall have and exercise general supervision over the public lighting of streets, highways, sidewalks and public grounds within the limits of the entire City. The schedule of public lighting hours and the kind, size and capacity of lamps to be used for supplying such public lighting in the First, Second, Third and Sixth Districts shall be arranged or contracted for, as may be required, by the District Commissioners of such several districts, subject to the approval of the Council. The cost of public lighting shall be met by taxes levied upon the inhabitants and property within the limits of the Fifth Taxing District in the following manner: the inhabitants and property within the limits of the First Taxing District shall be taxed for and such First Taxing District shall pay the cost of the public lighting within such First District; the inhabitants and property within the limits of the Second Taxing District shall be taxed for and such Second Taxing District shall pay the cost of the public lighting within such Second Taxing District; the inhabitants within the limits of the Third Taxing District shall be taxed for and such Third Taxing District shall pay the cost of the public lighting within such Third Taxing District, and the inhabitants within the limits of the Sixth Taxing District shall be taxed for and such Sixth Taxing District shall pay the cost of the public lighting within such Sixth Taxing District. In the event that the First Taxing District or Sixth Taxing District shall, at any time, neglect or fail to light the streets, highways, sidewalks and public grounds within the limits of such respective districts, the Council shall arrange and contract for the lighting thereof, and the expense of such lighting shall be borne by the district within which the Council shall furnish such public lighting and shall be paid for by taxes levied for such purpose on the inhabitants and property within the limits of such district. The inhabitants and property outside the limits of the First Taxing District, the Second Taxing District, the Third Taxing District and the Sixth Taxing District shall pay the cost of the public lighting outside the Taxing Districts[2].

[1] NOTE: 2023 recodification of current Article XV, Part 1. General, § 1-428. Derived from Sp. Laws 1957, No. 527. Historical editor's Note: See Ch. 86, Public Lighting, supra.

[2] NOTE: 2023 repeal of current Article XV, Part 2. Laying Out, Altering, Extending or Discontinuing, § 1-442. Derived from Sp. Laws 1913, No. 352, § 126. Historical Editor's Note: See § 1-363. Historical editor's Note: See Ch. 101, Streets and Sidewalks, as follows: "The Council shall have power, as public necessity and convenience may require, to designate the course, width, height, and level of all sidewalks and gutters in and upon the streets and highways of the Fourth Taxing District of the City, and may, at the expense of the City, lay out, construct, raise, flag, or make in a suitable manner any crosswalk in the Fourth Taxing District of the City. The Council may order the owner or owners of the lands and buildings fronting on sidewalks to repair or make such sidewalks on their several frontages according to the course, width, height, and level designated as aforesaid, to flag, concrete, or pave the same in such manner as the Council shall direct, and to provide such safeguards thereon as public safety shall require, and may limit such time as may be deemed reasonable for the carrying out of any such order, notice of which shall be given by leaving a true and attested copy of such order personally with or at the place of abode of such owner within five Days after the passage of same; and if such owner be a nonresident of the City, a true and attested copy of the order deposited in the post office in the City, postage paid, addressed to owner at the owner's place of residence, if the same be known, and a like true and attested copy left with the owner's agent or the person having charge of such property or occupying the same shall be a legal notice to such owner. A statement of the width height, courses, and levels, certified to by the City Engineer,^[1] shall be kept on file in the office of the Clerk, and whenever any sidewalk has been laid by order of the Council, in accordance with the grade established and recorded as prescribed and it is deemed necessary by the Council at any time within ten (10) years thereafter, to alter the grade or relay the sidewalk, such alteration or relaying shall be done at the expense of the City, provided, where such an alteration, change of grade, or relaying of any sidewalk is made necessary by the alterations of any street line, the expense thereof shall be borne by the City, and provided the provisions of this section shall extend and apply to sidewalks already made, paved, concreted, and flagged in accordance with the orders of the Council."

§ 12-3 Care and Maintenance of Sewer Systems; continuance of former Municipality Police and Fire Departments. [1]

The City at the expense of the Fourth Taxing District shall care for and maintain the sewer systems of the First, Second, and Third Districts, and the Ordinances, by-laws, rules, and Regulations of the several districts respecting the sewers shall continue in force until the City shall repeal or alter the same. The City shall maintain the Police and Fire Departments existing at the passage of this provision of the Charter the Cities of Norwalk and South Norwalk, and the Fire Department of the East Norwalk Fire District, as provided by the charters of the cities, and under the Ordinances, by-laws, rules, and Regulations of the former municipalities, until the same are modified or revoked by the Council and until under authority of this act the City shall establish and maintain a police force and a fire department for the Fourth District. The members of the Police and Fire Departments at the passage of this provision of the Charter shall remain members of the respective Police and Fire Departments as the same are maintained by the City under the provisions of this section and shall hold office until removed by the Council[2].

[1] NOTE: 2023 recodification of current Article I - General. § 1-12. Derived from Sp. Laws 1913, No. 352, § 44. Historical Editor's Note: For sewers and sewage disposal see Art. XVI, of Charter; and Ch. 94. As to sewer assessments refer to the appendix, Part III. For Police Department, see also, Art. VIII. For Fire Department, see also, Art. IX, and Ch. 41, Fire Department.

[2] NOTE: 2023 repeal of current Article XV, Part 2. Laying Out, Altering, Extending or Discontinuing, § 1-441. Derived from Sp. Laws 1913, No. 352, § 116. Historical Editor's Note: For Fourth Taxing District see Art. II. Historical editor's Note: See Ch. 101, Streets and Sidewalks, as follows: "The Council shall have power, whenever specific appropriations are made therefor, to pave any street or highway in the Fourth Taxing District of the City at the expense of the district, or may assess not to exceed 1/4 of such expense of paving each of the streets, except the intersections thereof with other streets or parts of streets so paved, upon the persons whose property abuts upon such street or part of street upon one side thereof, and 1/4 of such expense upon the persons whose property abuts upon such street or part of street upon the other side thereof, in such amounts as shall, in the judgment of the Council, be proportionate to the benefits accruing to the property from the work, and the Council shall estimate and assess, in the manner herein provided, the particular amount of such expense to be paid by every person, designating the land belonging to each person assessed which will be so benefited. Before the Council shall undertake any such improvement to be followed by an assessment of benefits it shall give notice to all persons in interest, as provided in § 1-439, in cases of layouts or highways, of a hearing as to the public necessity of such proposed improvement, and at such hearing shall submit an estimate of the cost of such work. If after such hearing the Council shall determine to proceed with the contemplated work and to make thereon assessment of benefits and damages such assessment shall be made in the manner provided in § 1-439, so far as the same shall apply. All persons aggrieved by the assessment so made by the Council shall have the right to appeal in the manner provided by § 1-440, provided no property assessed under this section shall be again assessed for a similar purpose for a period of ten (10) years from the date of the first (1^st) assessment."

§ 12-4 Maintenance of Garbage Disposal Plant. [1]

The City shall maintain the garbage-disposal plant of the Second Taxing District at the expense of the district until the City shall establish and maintain a like plant for the Fourth District.

[1] NOTE: 2023 recodification of current Article I - General. § 1-13. Derived from Sp. Laws 1913, No. 352, § 45. Historical Editor's Note: See §§ 1-625 through 631 of the "Bond Issues of the City of Norwalk, the First, the Second, the Third and the Sixth Taxing Districts" book.o Copies kept in the offices of the City Clerk and Town Clerk and in the Finance Department.

§ 12-5 Building Lines in Fourth Taxing District; and removal of buildings. [1]

The Council shall have power to designate a line or lines on the land adjoining any highway or street in the Fourth Taxing District of the City between which line or lines and the highway or street no building or part thereof, not any stoop or part thereof, shall be erected.^[1] Any person violating either provision of this section shall be fined nor more than $100. Any building erected in violation of the provisions of this section may be removed by order of the Council at the owner's expense.

[1] NOTE: 2023 recodification of current Article I - General. § 1-15. Derived Sp. Laws 1913, No. 352, § 140. Historical Editor's Note: See § 1-439, for Council procedure in designating building lines.

§ 12-6 The Library.

A. Special Meeting of Electors[1]. A special meeting of the electors of the First, Second, Third, and Sixth Taxing Districts, respectively, of the City of Norwalk shall be held at least thirty Days prior to the first regular meeting, in each year, of the Board of Estimate and Taxation of the City, for the purpose of making in each district an appropriation for the ensuing fiscal year for the library maintained within the particular district. The Board of Estimate and Taxation shall annually lay a tax based on the assessment list of the district last completed to defray the expenses of the library of such district to the amount appropriated by the district as hereinbefore provided.

[1] NOTE: 2023 Recodification of current Article XIX "Library Appropriations" § 1-615. Derived from Sp. Laws 1925, No. 18. Historical Editor's Note: Editor's Note: See First Taxing District, § 1-28; Second Taxing District, § 1-82; Third Taxing District, § 1-118; Sixth Taxing District, §§ 1-136 and 1-140.

§ 12-7 First Taxing District.

A. Body Politic and Corporate; Rights and Liabilities[1]. All electors of this state dwelling within the territorial limits of the First Taxing District are hereby constituted a body politic and corporate by the name of the First 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 Norwalk and all the rights, powers, franchises, privileges and immunities heretofore granted to the City of Norwalk and the Water Commissioners of the City in relation to the taking of water, the construction, maintenance and operation of waterworks, and supplying water for the use of the City of Norwalk and the inhabitants thereof, and any other persons or corporations, and all property, rights and interests heretofore acquired by the City of Norwalk or the Water Commissioners of the City for the purpose of supplying water as aforesaid, and the same are hereby vested and confirmed in the First Taxing District. The First Taxing District is hereby authorized to manage, operate and control the water system, with the same authority, rights and liabilities, and in the same manner as the former City of Norwalk, and, except as herein otherwise provided, to care for, maintain and keep in repair all estate, both real and personal, which the district may acquire, to sell and convey any of the property, and property held by the former city in trust excepted, and apply the proceeds to the reduction of the indebtedness of the district. The First Taxing District shall succeed to and possess all the rights and privileges heretofore possessed by the City of Norwalk in respect to the public library of the City, and shall continue to support and maintain the same. All the inhabitants and property within the limits of the First Taxing District shall be liable to taxation to defray any burdens, expenses and liabilities of the former City of Norwalk at the passage of this act and such other liabilities as the taxing district may incur under the provisions of this act. The First Taxing District is hereby authorized to use the water of any stream, lake or pond in whole or in part within the limits of the Towns of Norwalk, Weston, New Canaan, Wilton and Ridgefield, 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 the district may require, to take and hold any lands, property or privileges, and to exercise any powers that may be necessary or convenient for the district in order that a satisfactory supply of water may be obtained, and the same stored and distributed to the persons and corporations the district may supply. To the extent not already provided by law, the First Taxing District is authorized to use the water from any subsurface body of water within the limits of the towns in order that a satisfactory supply of water may be obtained. In addition to any rights, franchises, privileges and immunities granted hereunder, the First Taxing District is hereby authorized to supply water to any person or corporation within or without the geographical limits of the district.

[1] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-22. Derived from Sp. Laws 1913, No. 352, § 11; Public Act 1972, No. 277, § 1; amendment approved 11-5-1985. Historical Editor's Note: For authority of First Taxing District as to the acquisition of land for parking purposes, refer to § 1-21. As to taxing districts in general, see Art. II. See also Ch. 5, Special Acts.

B. Purpose and holding of annual and special meetings[2]. The annual meeting of the electors residing in the taxing district shall be held on the third Wednesday of November[3] for the purpose of hearing the reports of the Commissioners of the district, making annual appropriations, and action on such matters as may be properly brought before the meeting. Public Notice of the time and place of the meeting shall be given by the Board of Commissioners by publishing in a newspaper having a circulation in the district at least ten Days before the meeting, which notice shall set forth all matters to be considered at such meeting. The Commissioners shall deliver the proposed budgets for the district and the Water Department to the office of the District Clerk and make them available for public inspection at least one week before the annual meeting. Special meetings of the district may be called in like manner by the Board, and shall be called upon written petition of twenty-five electors of the district, to consider and act upon the matters set forth in the notice and petition. No appropriation or expenditure of money may be authorized at a special meeting unless announcement of the proposed appropriation or expenditure is made in the published notice of the meeting and the amount authorized is equal to or less than the amount appearing in the notice. In addition, no authorization at a special meeting to appropriate or expend more than $25,000 shall be valid or final until ratified by a majority of electors present at a second special meeting called for the purpose of ratifying the authorization. The second (2^nd) special meeting shall be called by the Board of Commissioners and held within thirty Days of the meeting at which the authorization was first made.

[2] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-23. Derived from Sp. Laws 1913, No. 352, § 12; amendment approved 11-5-1985.

[3] NOTE: Historical Editor's Note: See also § 1-19.

C. Board of Commissioners and Treasurer in First Taxing District[4]. At the election for the choice of City and town officers in 1913, there shall be elected in the First Ward by the electors of the First Taxing District three Commissioners for the terms of office of two, four and six years, respectively, who shall hold office for the terms and until their successors are elected and qualified and there shall be elected a Treasurer of the First Taxing District who shall hold office for the term of two years and until a successor is elected and qualified. Biennially thereafter there shall be elected in the First Ward by the electors of the First Taxing District one Commissioner who shall hold office for the term of six years and until a successor is elected and qualified, and a Treasurer of the First Taxing District who shall hold office for the term of two years and until a successor is elected and qualified. The terms of office of the Commissioners and Treasurer shall begin on the Wednesday following their election.

[4] NOTE: 2023 recodification of current Article III - Part 1. In General, § 1-175. Derived from Sp. Laws 1913, No. 352, § 56. Historical editor's Note: See § 1-24.

D. Board of Commissioners.

(1) Treasurer, Clerk, Mechanics and Laborers[5]. The district shall elect a Board of Commissioners and a Treasurer of the district, all of whom shall be, at the time of their election and throughout their term, electors of the district and domiciled therein, and all of whom shall be sworn to a faithful discharge of their duties, shall hold office as hereinafter provided and shall receive such compensation as the district shall determine. The Commissioners shall appoint a Clerk, who shall receive reasonable compensation as determined by the Commissioners[6] ^[1] It shall be the duty of the Clerk to keep a record of all transactions of the district and of the Board of Commissioners and discharge such duties as such Board may prescribe. The Commissioners may employ such mechanics and laborers as may be necessary to operate, manage, control and keep in repair the real, personal and mixed estate of the district.

[5] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-24. Derived from Sp. Laws 1913, No. 352, § 13; amendment approved 11-5-1985.

[6] NOTE: Historical Editor's Note: See also § 1-175.

(2) Authorization and Powers of Board of Commissioners[7]. The Commissioners are authorized to purchase and take conveyances in the name of the First Taxing District of all lands, property and privileges necessary or convenient for the purpose of the waterworks of the district; to hold in sufficient quantities the water of any stream, either within or without the district, and in either of the towns as set out in § 1-22 of the prior Charter by the construction of suitable dams; to enter upon any lands near such proposed dams and procure earth, stone or other materials for the construction and maintenance thereof, to make suitable wasteways for the surplus water of such streams; to change the location of any road or passway which may be covered by the waters of any reservoirs so formed and take land thereof; to enter upon and use 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 the 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 the water and establish the prices to be paid therefor; to collect all water rents and pay the same to the Treasurer of the district; to admit, allow and draw orders on the Treasurer for the payment of all claims against the district on account of the waterworks, including payment of interest on notes issued on account of the works; to attend to the construction, care, supervision and management of the waterworks; to appoint Directors of the public library of the district as vacancies shall occur; to care for, maintain and keep in repair, except as herein otherwise provided, all the property of the district, with power to lease or sell the same or exchange the same for other property; and to execute and deliver on behalf of the district all documents which may be necessary or proper to effectuate any such letting, sale or exchange, delivering the income and proceeds therefrom to the Treasurer of the district and to apply the proceeds therefrom in such manner as the Board may be authorized by the district; and to exercise any powers that may, from time to time, be conferred on them by the district, a majority of the Commissioners shall constitute a quorum for the transaction of business.

[7] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-25. Derived from Sp. Laws 1913, No. 352, § 14; Sp. Laws 1931, No. 292, § 1.

(3) Vacancies[8]. If a Vacancy occurs in any elective office of the First Taxing District, such Vacancy shall be filled by the Commissioners within sixty Days following the occurrence of the Vacancy. The Commissioners shall fill the Vacancy with an elector of the same political party with which the former incumbent was registered. If the former incumbent was not registered with a political party, then the Commissioners shall fill the Vacancy with an unaffiliated elector. Upon failure of the Commissioners to fill the Vacancy within the sixty Days, the position may be filled with an elector selected by Town Committee members of the party of the former incumbent who reside in the district. If the former incumbent was registered with a party not having a Town Committee, then the position may be filled with an elector selected by a caucus of the registered members of the party who reside in the district. Such appointee shall serve through the remainder of the term of the office left vacant. No Commissioner serving in office may be appointed to fill any Vacancy on the Board of Commissioners. The procedure provided under this section shall supersede any Vacancy-filling procedure heretofore existing under any special act. 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.

[8] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-25.1. Derived from added approved 11-5-1985.

(4) 

Removal of Officials[9].

(a) Definitions.

(i) The phrase "formal notice," as used in this section, shall mean receipt by the District Clerk of a written instrument issued by any person having knowledge of the appropriate events attesting to the occurrence of that event.

(ii) The term "official," as used in this section, shall mean any Commissioners or Treasurer of the First Taxing District.

(b) Grounds for removal from office. Any official of the district shall be subject to removal from office upon any of the following grounds:

(i) Conviction of a felony while the official is an official of the district.

(ii) Conviction of a misdemeanor involving misconduct in office while the official holds office in the district.

(iii) A finding of incapability according to Connecticut General Statutes § 45a-650.

(iv) Removal of domicile from the First Taxing District of the City of Norwalk.

(c) Removal Committee; creation and action.

(i) The Removal Committee shall consist of five electors, excluding Commissioners and the Treasurer of the district, chosen at the annual meeting of the electors. Within thirty Days of its election, the Removal Committee shall meet to organize and to elect a Chair, Vice Chair and such other officers as it deems appropriate. The District Clerk shall act as Secretary to the Committee but shall have no vote.

(ii) Within thirty Days after receipt of formal notice of the indictment or arrest for a felony, or a misdemeanor involving misconduct in office, or an application for involuntary representation pursuant to C.G.S. § 45a-649, or removal of the official's domicile from the First Taxing District of the City of Norwalk of an official of the district, the Committee shall hold a meeting to discuss grounds for suspension or removal as set forth in this section.

(iii) Public Notice of all meetings held under this section shall be published in a newspaper having general circulation within the First Taxing District no more than fifteen nor less than five Days before the date of each meeting.

(iv) Should the Committee determine that grounds for suspension or removal should be considered or examined, it shall hold a second meeting for purposes of such consideration or examination. Written notice of the second meeting shall be sent by certified mail to the official who is the subject of the examination to the official's address in the First Taxing District by the Committee not less than five Days before the meeting date. The notice shall specify the grounds for suspension and removal; the legal consequences thereof; and the time and place of the meeting. The notice shall further state that the official has a right to be present at the meeting and has a right to be represented by an attorney at the officials own expense.

(v) The Committee shall consider the allegations involving each official so indicted, arrested, subject to incapability hearing or accused of removing their domicile, separate and apart from the allegations involving any other official. The Committee shall decide whether there is sufficient evidence based on the facts adduced at the hearing to require suspension of the official: the length of the suspension, if required; and the terms of reinstatement to office. These matters shall be determined by a simple majority vote of the entire Committee.

(vi) Upon a decision by the Committee to suspend an official, the official shall be forthwith suspended from all duties, authority and compensation relating to the official's office until reinstatement. Upon reinstatement, all compensation due the official that would have earned had the official had not been suspended shall become due and payable. No term of office shall be extended by any action of the Committee.

(vii) Within ten Days of receipt of formal notice of a plea of guilty, an entry of a plea of nolo contendere or verdict finding the official guilty of a felony or misdemeanor involving misconduct in office or upon a finding by court of competent jurisdiction that the official is incapable of managing affairs of office or is deemed a protected person pursuant to C.G.S. § 45a-650 or upon a finding by the Special Committee that the official has removed their domicile from the First Taxing District of the City of Norwalk, the Committee shall declare the office of the official vacant and so notify the official. After the Vacancy has been declared, it shall be filled as provided in this Charter.

(viii) Within seven Days of receipt of notice of a verdict finding the 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 the official has not removed their domicile from the First Taxing District of the City of Norwalk, the Special Committee shall be reconvened by its Chair for the purpose of declaring the suspension revoked and the official reinstated to office.

(ix) The Committee may hold as many meetings is it deems appropriate during its consideration of grounds for suspension or removal. The Committee may employ an attorney of its choice, whose reasonable fee shall be paid out of district funds.

(d) Each paragraph, subparagraph and each provision of each paragraph and subparagraph of this section 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.

[9] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-25.2. Derived from added approved 11-5-1985.

(5) 

Code of Ethics[10]. Disclosure and use of confidential material. No member of the Board of Commissioners, Treasurer or employee of the district shall improperly disclose confidential information concerning the property, government or affairs of the district, nor shall be knowingly use such information to advance the financial or other private interests of himself or others.

(a) Conflict of interest.

(i) No member of the Board of Commissioners, Treasurer or employee of the district shall participate in hearings, deliberations or decisions connected with holding office, commission or department upon any matter in which the official is directly or indirectly interested in a personal or financial sense.

(ii) No member of the Board of Commissioners, Treasurer or employee of the district shall have any financial interest, direct or indirect, in any contract with the district or in the sale to the district of any supplies, materials, services, land, buildings or equipment unless the official shall have filed with the District Clerk, at least seven Days prior to entering upon such contract or selling such item, a written statement setting forth fully the nature and extent of the official's interest therein. To comply with this provision, it shall be the duty of any member of the Board of Commissioners, Treasurer or employee of the district owning stock in a corporation engaged or seeking to be engaged in any financial transaction between such corporation and the district to make a full disclosure of the amount of stock owned by the member by filing a written statement thereof with the District Clerk at least seven Days prior to the commencement of the financial transaction; provided, however, that such filing shall be unnecessary for shareholders of a publicly held corporation engaged in any of the aforementioned transactions within the district in the usual course of the corporation's business. It shall also be the duty of any member of the Board of Commissioners, Treasurer or employee of the district having any interest in a proprietorship or partnership engaged or seeking to be engaged in any financial transaction between such entity and the district to make a full disclosure of the nature and degree of the official's interest in such entity by filing a written statement thereof with the District Clerk at least seven Days prior to the commencement of the financial transaction.

(b) Committee of Ethics. The administration of this code shall be charged to the members of the Removal Committee elected at the annual meeting, who shall act as a Committee of Ethics for purposes of this section. Any member of the Committee shall disqualify himself and not participate in Committee functions where a complaint or investigation under this section pertains to any employee or official who is a relative of such Committee member. The principal duties of the Committee of Ethics shall be as follows:

(i) To receive and initiate complaints regarding violations of the code of ethics.

(ii) To conduct investigations and/or hearings regarding alleged violations of this code. In conducting its investigation, the Commission shall have complete access to all necessary and relevant district agencies, officers, officials and employees.

(iii) To transmit the findings of such investigations and/or hearings to the Board of Commissioners, to the district and/or to individuals directly involved.

(iv) To render advisory opinions to the officers, employees, officials and Board of Commissioners or any of its committees pursuant to written request or upon its own initiative.

(c) Responses to the Committee of Ethics. The Board of Commissioners, upon receiving any finding indicating a violation of the code of ethics by the Committee of Ethics, shall, within thirty Days, take action on the finding of the Committee and give written notification of such action to the Committee of Ethics.

[10] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-25.3. Derived from added approved 11-5-1985.

E. The Waterworks.

(1) Liability for damages of injuries incurred in construction or maintenance of waterworks[11]. The 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 the 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 the waterworks or in the construction of the waterworks, and the Board or Commissioners cannot agree with the owners of such property or privileges 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 the Judge shall prescribe. The appraisers shall report their doings and the amount of their assessments to the Superior Court for Fairfield County. The court may set aside such report for any irregular or improper conduct and may appoint another committee, but, if the report is accepted, it shall be recorded, and such assessments shall be a final adjustment of the compensation and damages between the parties, and payment thereof or a deposit of the amount thereof with the Treasurer of the county for the use of such owner shall release the district from liability to further claims for compensation or damages.

[11] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-26. Derived from Sp. Laws 1913, No. 352, § 15.

(2) Water-rent income and disposal thereof[12]. All income from water rents shall be applied to defraying the current expenses of the waterworks and to paying the principal of and interest on notes, bonds or certificates of indebtedness incurred in relation to the waterworks. If there shall be a surplus, the Commission shall make report thereof to the next annual or special meeting of the district, which may direct the same to be applied to the payment of the principal of or interest on bonds, notes, certificates or other indebtedness of the district or to any other lawful purpose for which the district is authorized to appropriate money.

[12] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-27. Derived from Sp. Laws 1913, No. 352, § 16; Sp. Laws 1957, No. 362.

(3) Taxation[13]. In case the income from water rents is inadequate to meet the current expenses of the waterworks and the interest of the notes, bonds, or certificates, a tax on all property and persons liable to taxation in the 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 the Board of Commissioners, and the tax shall be collected in the same manner as other City taxes. The Board of Estimate and Taxation may lay and collect taxes for the purpose of paying the debts of the district or any part thereof and of establishing a sinking fund for that purpose. The avails of such taxes shall be paid to the Treasurer of the district for application for the purposes only. The Board of Estimate and Taxation shall lay a tax to defray the expenses of the public library of the district to the amount appropriated by the district at any annual or special meeting[14].

[13] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-28. Derived from Sp. Laws 1913, No. 352, § 17; Sp. Laws 1921, No. 189, § 1.

[14] NOTE: Historical Editor's Note: As to appropriations for libraries see Art. XIX.

(4) Liens and warrants for water rents[15]. Any claim of the district for the use of water, or for rent of hydrants, shall be a lien upon the real estate or property wherein or in connection with which such 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 the 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, which warrants shall be signed by the Commissioners and directed to the Collector of City taxes, or to some indifferent person named therein, who shall have the same power to levy and collect as have Collectors of town taxes.

[15] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-29. Derived from Sp. Laws 1913, No. 352, § 18; Sp. Laws 1933, No. 340, § 1.

(5) Accounts and reports of the Board of Commissioners[16]. It shall be the duty of the Board of Commissioners to keep a record of its proceedings and an accurate account of its receipts and disbursements appertaining to the waterworks, and a like account of its receipts and disbursements in connection with all other properties of the district, verified by proper vouchers, which accounts shall be open at all reasonable times to inspection by any taxpayer of the district. The Board shall annually render to the district a statement of the accounts, which shall be sworn to by a majority of the Commissioners and recorded in the records of the district. The Board shall include in its annual report a statement of its doings, and a general statement of the condition of the waterworks and the property of the district, with an estimate of all sums required for the works and other purposes of the district, and a detailed statement of all claims outstanding against the district. The Treasurer of the district shall render annually to the district a statement of the Treasurer's account as a part of the report of the Board of Commissioners, and the Treasurer shall render at all times such statements and reports as the district may require.

[16] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-30. Derived from Sp. Laws 1913, No. 352, § 19.

(6) Supplying water to any person or corporation[17]. The Board of Commissioners may, with the consent of the district, supply water from the waterworks of the district to person or corporation.

[17] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-31. Derived from Sp. Laws 1913, No. 352, § 20.

(7) Unlawful destruction of waterwork property; violations and penalties[18]. Any person who shall willfully injure the water of any reservoir, aqueduct, hydrant, pipe, pump, or other portion of the waterworks, or destroy or injure any portion of such 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. Such district shall have power to enact by-laws at any annual or special meeting imposing penalties and forfeitures for the violation of any of the rules and Regulations of the Board of Commissioners of the district, provided such penalties or forfeitures shall not exceed $20 for each offense. The by-laws shall not become effective until published in a newspaper having a circulation in the district.

[18] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-32. Derived from Sp. Laws 1913, No. 352, § 21.

(8) Authorization of New Canaan Water Company and First Taxing District as to the purchase and selling of water[19]. The New Canaan Water Company is authorized to purchase water from or to sell water to the First Taxing District of the City of Norwalk. The First Taxing District of the City of Norwalk is authorized to purchase water from or sell water to the New Canaan Water Company.

[19] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-33. Derived from Sp. Laws 1947, No. 432, §§ 1, 2.

(9) Federal Social Security System[20]. Section 3 Number 408 of the Public Acts of 1955 is inapplicable to the First Taxing District of the City of Norwalk so far as the section may prevent the taxing district from participating in the Federal Old Age and Survivor's Insurance System while the taxing district is participating in the Connecticut Municipal Employees' Retirement Fund.

[20] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-34. Derived from Sp. Laws 1955, No. 40.

F. Authorization to Issue Bonds: The Waterworks.

(1) Authorization to issue bonds, notes and other certificates of indebtedness and purpose; funding and refunding bond issue of 1917[21]. The First Taxing District of the City of Norwalk is authorized to issue bonds, notes or other certificates of indebtedness, to an amount not exceeding two hundred fifty thousand ($250,000) dollars for the purpose of funding any floating debt of the district, refunding at their maturity any bonds, notes or other certificates of indebtedness issued by the district or by the former City of Norwalk or providing moneys to pay any expenses incurred in increasing and extending the water supply or system of the district.

(a) Funding and refunding bond issue of 1917; details[22]. The district, at a special meeting called for that purpose, shall determine the several and aggregate amounts of such bonds, notes or other certificates which may be issued for any of the foregoing purposes, the annual rate of interest, the time and place of payment of the principal and interest, the dates and times of issue and maturity of the same, the manner in which such bonds, notes or other certificates shall be issued and the person or persons by whom such bonds, notes or other certificates shall be executed, sold and delivered for and in behalf of the district.

[22] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-36. Derived from Sp. Laws 1917, No. 337, § 2.

(b) Funding and refunding bond issue of 1917; obligation[23]. Such bonds, notes or other certificates, when executed and delivered by the district, or its officers duly authorized, shall be obligatory upon the district and the inhabitants thereof according to the tenor and purport of the same, provided the bonds, notes or other certificates issued to provide moneys for the increase of the water supply or system shall not exceed in amount $250,000.

[23] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-37. Derived from Sp. Laws 1917, No. 337, § 3.

(c) Funding and refunding bond issue of 1917; limitation[24]. No bonds shall be so issued under the provisions of this act^[1] as to permit the net bonded indebtedness of the district at any time to exceed 5% of the grand list of the district as the same may be compiled for the year of such issue, provided in computing the debt limitation, bonds issued or to be issued for the construction or maintenance of municipal waterworks or lighting plants shall not be included.

[24] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-38. Derived from Sp. Laws 1917, No. 337, § 4. Historical Editor's Note: §§ 1-35 to 1-38.

[21] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-35. Derived from Sp. Laws 1917, No. 337, § 1.

(2) Authorization to issue bonds, notes or certificates of indebtedness; water refunding bond issue of 1929[25]. The First Taxing District of the City of Norwalk is authorized to issue bonds, notes or certificates of indebtedness to an amount not exceeding three hundred-fifty thousand ($350,000) dollars, in coupon form or otherwise and registered or not registered, bearing interest at a rate not greater than five percent per annum, payable semiannually, which bonds shall be sold at not less than par and accrued interest, and shall be serial in form, payable in substantially equal annual installments, beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period not more than forty years from their date. It may be stipulated therein that the principal and interest shall be payable in gold coin of the present standard of weight and fineness. The proceeds of such bonds shall be used for refunding two hundred thousand ($200,000) dollars of City of Norwalk refunding gold bonds maturing July 1, 1929, for reimbursing the district sinking fund, the sum of forty-six thousand ($46,000) dollars advanced therefrom for the payment of forty-six thousand ($46,000) dollars of City of Norwalk water bonds which matured June 1, 1928, and one hundred four thousand ($104,000) dollars for payment of water department floating debt and extensions, enlargements and improvements of the water system of the district.

(a) Water refunding bond issue of 1929; details[26]. The district, at any meeting called for that purpose, shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds and the maximum annual rate of interest. Other particulars of the form of such bonds and the manner of issuance not determined hereby or by district vote may be determined by the District Commissioners and the Treasurer.

[26] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-40. Derived from Sp. Laws 1929, No. 220, § 2.

(b) Water refunding bond issue of 1929; payment provisions[27]. The district shall, at the time of authorizing such bonds, provide for the payment thereof in accordance with the provisions of § 1-39 of the Prior Charter and, when a vote to that effect shall have been passed, a sum which, with the income derived from water rates, will be sufficient to pay the annual expense of operating the waterworks and interest as it accrues on such bonds and other water debt of the district and to make such payments on the principal as may be required under § 1-39 to § 1-43 of the Prior Charter, shall be assessed upon the district annually until the debt incurred by such bonds shall be paid.

[27] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-41. Derived from Sp. Laws 1929, No. 220, § 3.

(c) § 1-42 of the Prior Charter. Water refunding bond issue of 1929; obligations of district[28]. Such bonds, when executed and delivered, shall be obligatory upon the district and the inhabitants thereof according to the tenor and purport of the same.

[28] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-42. Derived from Sp. Laws 1929, No. 220, § 4.

(d) § 1-43 of the Prior Charter. Water refunding bond issue of 1929; issuance for water purposes[29]. Such bonds shall be deemed to be issued for water purposes and to be outside all statutory debt limits.

[29] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-43. Derived from Sp. Laws 1929, No. 220, § 6.

[25] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-39. Derived from Sp. Laws 1929, No. 220, § 1.

(3) Authorization to issue bonds, notes or certificates of indebtedness; water bond issue of 1931[30]. The First Taxing District of the City of Norwalk is authorized to issue bonds, notes or certificates of indebtedness to an amount not exceeding forty thousand ($40,000) dollars in coupon form or otherwise, and registered or not registered, bearing interest at a rate not greater than five percent per annum, payable semiannually, which bonds shall be sold at not less than per and accrued interest, and shall be in serial form, payable in substantially equal annual installments, beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than twenty years from their date. It may be stipulated therein that the principal and interest may be payable in gold coin of the present standard of weight and fineness. The proceeds of such bonds shall be used for the payment of lands acquired by the First Taxing District, in condemnation proceedings for water purposes, and for extensions, enlargements and improvements of the water system of the district.

(a) Water bond issue of 1931; details[31]. The district, at any meeting called for that purpose, shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds and the maximum annual rate of interest. Other particulars of the form of such bonds and the manner of issuance not determined hereby or by district vote may be determined by the District Commissioners and the Treasurer.

[31] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-45. Derived from Sp. Laws 1931, No. 237, § 2.

(b) Water bond issue of 1931; obligations[32]. Such bonds, notes or certificates of indebtedness, when executed and delivered, shall be obligatory upon the district and the inhabitants thereof according to the tenor and purport of the same.

[32] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-46. Derived from Sp. Laws 1931, No. 237, § 3.

[30] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-44. Derived from Sp. Laws 1931, No. 237, § 1.

(4) Authorization to issue bonds, notes or certificates of indebtedness; water bond issue of 1933[33]. The First Taxing District of the City of Norwalk is authorized to issue, without vote of its electors, but by and through the action of the Commissioners and the Treasurer of the district, bonds, notes or certificates of indebtedness to an amount not exceeding one hundred forty thousand ($140,000) dollars, in coupon form or otherwise, and registered or not registered, bearing interest at a rate not greater than six percent per annum, payable semiannually, which bonds shall be sold at not less than par and accrued interest, and shall be in serial form, payable in substantially equal annual installments, beginning not more than two years from date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than twenty years from their date. The proceeds of such bonds shall be used for the payment for lands and rights-of-way to be acquired by the district for water purposes, by condemnation proceedings or otherwise, and for extensions, reinforcements, enlargements and improvements of the water system of the district. Such bonds may be issued from time to time and nothing herein contained shall require the whole amount of such bonds to be issued or prevent their issuance in amount less than the total authorized issue as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each such loan shall be payable in annual installments and within the period of time specified herein from its date.

(a) Water bond issue of 1933; details[34]. The Commissioners and Treasurer of the district shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds and the annual rate of interest and other particulars of the form of such bonds and the manner of issuance not determined hereby.

[34] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-55. Derived from Sp. Laws 1933, No. 383, § 2.

(b) Water bond issue of 1933; payment provisions[35]. The district, by its Commissioners, shall, at the time of authorizing such bonds, provide for the payment thereof in accordance with the provisions of § 1-54 of the Prior Charter, and, when a vote to that effect shall have been passed, a sum which, with income derived from water rates, will be sufficient to pay the annual expense of operating the waterworks and interest as it accrues on such bonds and other water debt of the district and to make such payments on the principal as may be required under § 1-54 to § 1-58 of the Prior Charter, shall be assessed upon the district annually until the debt incurred by such bonds shall be paid.

[35] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-56. Derived from Sp. Laws 1933, No. 383, § 3.

(c) Water bond issue of 1933; obligations[36]. Such bonds, when executed and delivered, shall be obligatory upon the district and the inhabitants thereof according to the tenor and purport of the same.

[36] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-57. Derived from Sp. Laws 1933, No. 383, § 4.

(d) Water bond issue of 1933; issuance[37]. Such bonds shall be deemed to be issued for water purposes and to be exempt from any limitations imposed by Statute.

[37] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-58. Derived from Sp. Laws 1933, No. 383, § 5.

[33] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-54. Derived from Sp. Laws 1933, No. 383, § 1.

(5) Bond issue of 1945 for extending and enlarging waterworks system; authorization[38]. The electors of the First Taxing District of the City of Norwalk having, on September 19, 1944, authorized the issuance of bonds in an amount not to exceed $750,000 for the purpose of financing the construction of a dam and reservoir in the Town of New Canaan, and suitable connections to the dam and reservoir, as a part of the waterworks system of the district, the district is authorized to issue, without a further vote of its electors, bonds of the district in an amount not exceeding seven hundred fifty thousand ($750,000) dollars for the purpose of extending and enlarging the waterworks system of the district by constructing, installing, erecting and completing a dam and reservoir in the Town of New Canaan, and suitable connections to the dam and reservoir as part of the waterworks system of the district, including the acquisition of any and all real estate and flowage or other rights therein necessary or suitable for such purpose. The bonds shall be issued in the name of the First Taxing District of the City of Norwalk and shall be signed by the Commissioners of the district and by the Treasurer of the district. The bonds shall bear interest at a rate not exceeding four percent per annum, and shall be payable, as to principal, serially in annual installments commencing four years from the date of the bonds in amounts as follows: five thousand ($5,000) dollar bonds in each of the first three years, fifteen thousand ($15,000) dollar bonds in the fourth year, twenty thousand ($20,000) dollar bonds in each of the fifth and sixth years, twenty-five thousand ($25,000) dollar bonds in each of the seventh and eighth years, thirty thousand ($30,000) dollar bonds in each of the ninth through fourteenth years, thirty-five thousand ($35,000) dollar bonds in each of the fifteenth through eighteenth years, forty thousand ($40,000) dollar bonds in each of the nineteenth through twenty-second years and fifty thousand ($50,000) dollar bonds in each of the twenty-third through twenty-fifth years, of such maturities. The bonds shall be authorized by a Resolution to be adopted by the Commissioners of the district and shall be sold in such manner as the Commissioners shall determine, at either public or private sale, but none of the bonds shall be sold for less than the par value thereof and accrued interest to date of delivery. In the event that less than the total amount of bonds authorized to be issued shall be sold at any one time, the Commissioners shall, by Resolution, designate the particular bonds of the maturities aforesaid which shall be sold at any one time.

(a) Bond issue of 1945; payment provisions[39]. The bonds shall be payable, both principal and interest, from the revenues derived from the operation of the waterworks system of the district, and if such revenues are insufficient for that purpose, taxes shall be levied upon all the taxable property of the district without limitation as to rate or amount, sufficient for the payment of the principal of and interest on the bonds.

[39] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-60. Derived from Sp. Laws 1945, No. 91, § 2.

(b) Bond issue of 1945; fixing water rates[40]. The Commissioners of the district are authorized to fix rates for water which shall be sufficient for the maintenance and operation of the water system of the district and the payment of the principal of and interest on the indebtedness of the district, including the bonds.

[40] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-61. Derived from Sp. Laws 1945, No. 91, § 3.

(c) Bond issue of 1945; obligations of district[41]. The bonds when executed and delivered, shall be the general obligations of the district and obligatory upon the district and the inhabitants thereof according to the tenor and purport of the same.

[41] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-62. Derived from Sp. Laws 1945, No. 91, § 4.

(d) Bond issue of 1945; issuance for water purposes[42]. The bonds shall be deemed to be issued for water purposes and shall be exempt from any limitation of indebtedness imposed by statute.

[42] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-63. Derived from Sp. Laws 1945, No. 91, § 5.

(e) Bond issue of 1945; authority and repeal of conflicts[43]. §§ 1-59 to 1-64 of the Prior Charter shall constitute full and complete authority for the issuance of the bonds, and all acts or parts of acts in conflict herewith are hereby declared inoperative so far as in conflict herewith.

[43] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-64. Derived from Sp. Laws 1945, No. 91, § 6.

[38] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-59. Derived from Sp. Laws 1945, No. 91, § 1.

(6) Authorization to issue bonds, notes or certificates of indebtedness; water bond issue of 1951[44]. The First Taxing District of the City of Norwalk, acting through the Commissioners and Treasurer of the district, is authorized to issue, upon approval by the electors of the district at a meeting of the district, bonds, notes or certificates of indebtedness of the district to an amount not exceeding one hundred seventy-five thousand ($175,000) dollars, in coupon form, or otherwise, with privilege of registration and reconversion into coupon form, bearing interest at a rate or rates not greater than six percent per annum, payable semiannually, which bonds, notes or certificates of indebtedness shall be sold at not less than par and accrued interest and shall be in serial form payable in substantially equal installments, beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than fifteen years from their date. The proceeds of such bonds, notes, or certificates of indebtedness shall be used for the cost of lands and rights-of-way to be acquired by the district for water purposes, by condemnation proceedings or otherwise and for extensions, additional installations, reinforcements, enlargements and improvements of the water system of the district. Such bonds, notes, or certificates of indebtedness may be issued from time to time, and nothing herein contained shall require the whole amount of such bonds, notes or certificates of indebtedness to be issued or prevent their issuance in amounts less than the total authorized issue as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each loan shall be payable in annual installments and within the period of time specified from the date of issue.

(a) Water bond issue of 1951; details[45]. The Commissioners and Treasurer of the district shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds, notes or certificates of indebtedness, and the annual rate of interest and other particulars of the form of such bonds, notes or certificates of indebtedness and the manner of issuance not determined hereby.

[45] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-66. Derived from Sp. Laws 1951, No. 108, § 2.

(b) § 1-67. Water bond issue of 1951; notes for water; payment provisions[46]. The Commissioners of the district are authorized to fix rates for water which shall be sufficient for the maintenance and operation of the water system of the district and the payment of the principal of and interest on the indebtedness of the district, including the obligations authorized hereby. The bonds, notes or certificates of indebtedness authorized shall be general obligations of the district, and for the payment of principal of and interest on the bonds, notes or certificates of indebtedness, taxes may be levied upon all of the taxable property in the district without limitation as to rate or amount; provided, to the extent revenues derived from the operation of the water system of the district are available, sufficient for the payment of the principal of and interest on the bonds, notes or certificates of indebtedness when the same become due, it shall not be necessary that taxes be levied for that purpose.

[46] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-67. Derived from Sp. Laws 1951, No. 108, § 3.

(c) § 1-68 of the Prior Charter. Water bond issue of 1951; obligations[47]. Such bonds, notes or certificates of indebtedness, when executed and delivered shall be obligatory upon the district and the inhabitants thereof according to the tenor and purport of the same.

[47] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-68. Derived from Sp. Laws 1951, No. 108, § 4.

(d) § 1-69 of the Prior Charter. Water bond issue of 1951; issuance for water purposes[48]. Such bonds, notes or certificates of indebtedness shall be deemed to be issued for water purposes and to be exempt from any limitations imposed by statute.

[48] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-69. Derived from Sp. Laws 1951, No. 108, § 5.

[44] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-65. Derived from Sp. Laws 1951, No. 108, § 1.

(7) Authorization to issue bonds, notes or certificates of indebtedness; water bond issue of 1955[49]. The First Taxing District of the City of Norwalk, acting through the Commissioners and Treasurer of the district, is authorized to issue, upon approval by the electors of the district at a meeting of the district, bonds, notes or certificates of indebtedness of the district, to an amount not exceeding two hundred fifty thousand ($250,000) dollars, in coupon form, or otherwise, with privilege of registration and reconversion into coupon form, bearing interest at a rate or rates not greater than six (6%) percent per annum, payable semiannually, which bonds, notes or certificates of indebtedness shall be sold at not less than par and accrued interest and shall be in serial form payable in substantially equal installments beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than fifteen years from their date. The proceeds of such bonds, notes or certificates of indebtedness shall be used for the cost of lands and rights-of-way to be acquired by the district for water purposes, by condemnation proceedings or otherwise and for extensions, additional installations, reinforcements, enlargements and improvements of the water system of the district. Such bonds, notes or certificates of indebtedness may be issued from time to time, and nothing herein contained shall require the whole amount of such bonds, notes or certificates of indebtedness to be issued or prevent their issuance in amounts less than the total authorized issue as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each loan shall be payable in annual installments and within the period of time specified from the date of issue.

(a) Water bond issue of 1955; details[50]. The Commissioners and Treasurer of the district shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds, notes or certificates of indebtedness, and the annual rate of interest and other particulars of the form of such bonds, notes or certificates of indebtedness and the manner of issuance not determined thereby.

[50] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-71. Derived from Sp. Laws 1955, No. 136, § 2.

(b) Water bond issue of 1955; notes; payment provisions[51]. The Commissioners of the district are authorized to fix rates for water which shall be sufficient for the maintenance and operation of the water system of the district and the payment of the principal of and interest on the indebtedness of the district, including the obligations authorized hereby. The bonds, notes or certificates of indebtedness authorized hereby shall be general obligations of the district, and for the payment of principal of and interest on the bonds, notes or certificates of indebtedness, taxes may be levied upon all of the taxable property in the district without limitation as to rate or amount, provided, to the extent revenues derived from the operation of the water system of the district are available, sufficient for the payment of the principal of and interest on the bonds, notes or certificates of indebtedness when the same become due, it shall not be necessary that taxes be levied for that purpose.

[51] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-72. Derived from Sp. Laws 1955, No. 136, § 3.

(c) Water bond issue of 1955; obligations[52]. Such bonds, notes or certificates of indebtedness when executed and delivered shall be obligatory upon the district and the inhabitants thereof according to the tenor and purport of the same.

[52] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-73. Derived from Sp. Laws 1955, No. 136, § 4.

(d) Water bond issue of 1955; issuance for water purposes[53]. Such bonds, notes or certificates of indebtedness shall be deemed to be issued for water purposes and to be exempt from any limitations imposed by statute.

[53] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-74. Derived from Sp. Laws 1955, No. 136, § 5.

[49] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-70. Derived from Sp. Laws 1955, No. 136, § 1.

G. Authorization to Issue Bonds: Paving Refunding.

(1) Authorization to issue bonds, notes or certificates of indebtedness; paving refunding bond issue of 1931[54]. The First Taxing District of the City of Norwalk is authorized to issue bonds, notes or certificates of indebtedness to an amount not exceeding forty thousand ($40,000) dollars, in coupon form or otherwise and registered or not registered, bearing interest at a rate not greater than five percent per annum, payable semiannually, which bonds shall be sold at not less than par and accrued interest, and shall be in serial form, payable in substantially equal annual installments, beginning not more taken two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than fifteen years from their date. It may be stipulated therein that the principal and interest may be payable in gold coin of the present standard of weight and fineness. The proceeds of such bonds shall be used for refunding paving bonds in the amount of forty thousand ($40,000) dollars, due July 1, 1931.

(a) Paving refunding bond issue of 1931; details[55]. The district, at any meeting called for that purpose, shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds and the maximum annual rate of interest. Other particulars of the form of such bonds and the manner of issuance not determined hereby or by district vote may be determined by the District Commissioners and the Treasurer.

[55] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-48. Derived from Sp. Laws 1931, No. 238, § 2.

(b) Paving refunding bond issue of 1931; obligations[56]. Such bonds, notes or certificates of indebtedness, when executed and delivered, shall be obligatory upon the district and the inhabitants thereof according to the tenor and purport of the same.

[56] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-49. Derived from Sp. Laws 1931, No. 238, § 3.

(c) Paving refunding bond issue of 1931; limitations[57]. The amount of bonds issued the provisions of § 1-47 to § 1-50 of the Prior Charter, together with the amount of the aggregate outstanding indebtedness of the consolidated town and city, the area of which consolidated town and city is occupied in part by the First Taxing District and of each independent and dependent political or territorial division or subdivision coterminous with or within the consolidated town and city, shall not exceed, exclusive of the amount of bonds issued for the supply of water, gas or electricity or the construction of subways or underground conduits for cables, wires and pipes and exclusive of the value of bonds, notes and other intangible assets placed in the sinking fund of the consolidated town and city and placed in the sinking fund of each such political or territorial division or subdivision, 5% of the last completed grand list of the consolidated town and city as "grand list" is defined in § 470 of the General Statutes.

[57] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-50. Derived from Sp. Laws 1931, No. 238, § 4.

[54] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-47. Derived from Sp. Laws 1931, No. 238, § 1.

H. Authorization to Issue Bonds: Firehouse Bond Issue.

(1) Fire house bond issue of 1933; purpose[58]. A new fire house and appurtenances in the First Taxing District of the City of Norwalk in substitution for the present leased buildings of the former City of Norwalk used as fire houses by the present City of Norwalk is declared to be of public convenience and necessity.

(a) Authority to erect and construct firehouse[59]. The Commissioners of the First Taxing District of the City of Norwalk are authorized to erect and construct a fire house and appurtenances in the district, and the powers of the former City of Norwalk for that purpose are continued and vested in the First Taxing District and its Commissioners, any provisions in the laws or charter of the present City of Norwalk notwithstanding, until the fire house and appurtenances herein provided for shall be acquired and taken over by the City of Norwalk or a Fourth Taxing District thereof, if the same shall be authorized.

[59] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-52. Derived from Sp. Laws 1933, No. 382, § 2.

(b) Fire house bond issue of 1933; authorization and details[60]. For the purposes aforesaid, the First Taxing District of the City of Norwalk by its Commissioners is authorized to borrow in the name of the district not exceeding the sum of sixty-five thousand ($65,000) dollars and to issue bonds or other evidences of indebtedness therefor. Such bonds shall be designated "Fire House Bonds," shall be in coupon form or otherwise and registered or not registered, bearing interest at a rate not greater than six (6%) percent per annum, payable semiannually, which bonds shall be sold at not less than par and accrued interest, and shall be in serial form, payable in substantially equal annual installments, beginning not more than two (2) years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than fifteen (15) years from their date. The district, at any meeting called for that purpose, shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds and the maximum annual rate of interest. Other particulars of the form of such bonds and the manner of issuance not determined hereby or by district vote may be determined by the District Commissioners and the Treasurer.

[60] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-53. Derived from Sp. Laws 1933, No. 382, § 3.

[58] NOTE: 2023 recodification of current Article II, Part 2. First Taxing District, § 1-51. Derived from Sp. Laws 1933, No. 382, § 1.

§ 12-8 Second Taxing District. [1]

A. Body Politic and Corporation; Rights and Liabilities[2]. 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 the City in relation to the taking of water, the construction, maintenance and operation of waterworks and supplying water for the use of the City of South Norwalk and the inhabitants thereof and any other persons or corporation as the Second Taxing District shall determine, together with all property, rights and interest hereto acquired by the City or the Water Commissioners of the City for the purpose of supplying water as aforesaid and all the rights, privileges and powers the City has acquired by virtue of having complied with the requirements of § 2 of Chapter CCXXXI of the Public Acts of 1893 and all property acquired by the City as a part of its electric light and power plant and all of the property, rights, powers, franchises, privileges and immunities are hereby vested in and confirmed to the Second Taxing District. The Second Taxing District is hereby authorized to manage, operate and control the water system and electric light plant with the same authority, rights and liabilities and in the same manner as the City of South Norwalk, whether within the limits of the 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 the district may possess wherever located and to sell and convey any of the property, any property held by the City in trust excepted, and apply the proceeds to the reduction of the indebtedness of the district only. The Second Taxing District shall succeed to and possess all the rights and privileges heretofore possessed by the City of South Norwalk in respect to the public library of the 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.

[2] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-75. Derived from Sp. Laws 1913, No. 352, § 22; Charter Amendment 11-8-1983; Charter Amendment 11-4-2003, effective 12-4-2003.

B. Expenses, liabilities, powers, privileges, duties with regard to the supply and distribution of water and electricity[3]. All the inhabitants and property within the limits of the 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 the taxing district may become liable for under the provisions of this act.

The 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 the 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 the 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 the district in order that a satisfactory supply of water may be obtained and the same stored and distributed to the persons and corporations the district may supply; and in like manner, the district may take and hold any lands, property or privileges and to exercise any power, including the power of eminent domain, necessary for the district in order to maintain an adequate supply and for appropriate installations for and transmission of electric power to the persons and corporations the district may supply.

[3] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-76. Derived from Sp. Laws 1913, No. 352, § 23; Charter Amendment 11-8-1983.

C. Board of Commissioners, Board of Electrical Commissioners and Treasurer in Second Taxing District[4]. At the election for the choice of City and town officers in 1913, there shall be elected in the Second Ward by the electors of the Second Taxing District three Commissioners for the terms of office of two, four, and six years, respectively, who shall hold office for the terms and until their successors are elected and qualified, and there shall be elected in the Second Ward by the electors of the Second Taxing District three members of the Board of Electrical Commissioners, which members shall hold office for the terms of two, four and six years, respectively, and until their successors are elected and qualified, and there shall be elected a Treasurer of the Second Taxing District who shall hold office for a term of two years and until a successor is elected and qualified. Biennially thereafter there shall be elected in the Second Taxing District one Commissioner and one member of the Board of Electrical Commissioners, each of whom shall hold office for the term of six years and until a successor is elected and qualified, and a Treasurer of the Second Taxing District who shall hold office for the term of two years and until a successor is elected and qualified. The terms of office of the Commissioners and Treasurer shall begin on the Wednesday following their election.

[4] NOTE: 2023 recodification of current Article III - Part 1. In General, § 1-176. Derived from Sp. Laws 1913, No. 352, § 57. Historical Editor's Note: See also § 1-78.

D. Authorization of the Board of Commissioners[5]. The District Commissioners are hereby authorized to purchase and take conveyances in the name of the 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 the district, and in either of the towns as set out in § 1-76 of the Prior Charter, 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 the 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 the water and establish the prices to be paid therefor; to collect all water rents and pay the same to the Treasurer of the district; to admit, allow and draw orders on the Treasurer for the payment of all claims against the district on account of the 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 the waterworks; to appoint Directors of the public library of the 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 the district, with the power to lease or sell the same, delivering the income and proceeds of such sales to the Treasurer of the district and to apply the proceeds therefrom in such manner as the District Commissioners may be authorized by the district; and to exercise any powers that may from time to time be conferred upon them by the district. A majority of the Commissioners shall constitute a quorum for the transaction of any of the business of the Board.

[5] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-79. Derived from Sp. Laws 1913, No. 352, § 26.

E. Ordinance procedure[6]. The Second Taxing District may enact, modify, amend or repeal ordinances which it deems necessary to operate the 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 fifteen 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 ten percent 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 the 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 ten percent of the electors have signed a valid petition. After certification of a valid petition, the district clerk shall forward the petition for ordinance to the 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 the proposed ordinance within thirty Days. The electors' meeting shall be noticed and warned in a daily paper of circulation in the City of Norwalk at least ten Days before the meeting.

[6] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-76.A. No citation re - Derivation.

F. Meetings[7]. The notice of the time, place and agenda of all meetings of the electors residing in the taxing district shall be given by the Board of Commissioners by publishing in a newspaper having a circulation in the district at least ten Days before the meeting.

The notice of the time, place and agenda of all regular and special meetings of commissions, boards or committees of the district shall be published in a newspaper having a circulation in the district at least twenty-four hours before the 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 seventy-two hours following the holding of the emergency meeting.

The Board of District Commissioners shall file with the Clerk of the 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 the taxing district shall be held on the third (3^rd) Tuesday of November for the purpose of hearing the reports of the Commissioners of the district and acting on such matters as may properly be brought before the meeting. Special meetings of the electors of the district may be called by the Board and shall be called upon written petition of at least ten percent of the electors of the 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 the district.

Not fewer than fifteen electors of the district shall constitute a quorum for the transaction of business at any meeting of the district, and, if fifteen 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, the 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 the 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 twenty-four hours after the time of adjournment.

[7] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-77. Derived from 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.

G. Board of Commissioners and Treasurer. The district shall elect a seven-member Board of District Commissioners, who shall also serve as Water Commissioners and Electrical Commissioners, and a Treasurer of the district, all of whom shall be, at the time of their election and throughout their term, electors of the 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 the district determine at each annual meeting.

(1) Clerk; Personnel[8]. The Commissioners shall appoint a Clerk, who shall receive reasonable compensation as determined by the Commissioners. It shall be the duty of the Clerk to keep a record of all the transactions and meetings of the district and all of its commissions, boards and committees and discharge such duties as the Commission may prescribe or as prescribed by ordinances of the district. 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 the district. 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.

[8] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78(a). Derived from 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.

(2) Meetings[9]. All meetings of the district shall be electronically recorded, and suitable means to electronically record all meetings shall be provided by the clerk.

[9] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78(b).

(3) Legal Counsel[10]. The 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, the 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. The 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.

[10] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78(c).

(4) Personnel[11]. The, 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 the district.

[11] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78(d).

(5) Power Akin to Selectmen[12]. The 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 § 7-12 of the General Statutes, as amended, and shall be generally responsible for the conduct of the affairs of the district.

[12] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78(e).

(6) Duties Akin to the Board of Electrical Commissioners[13]. The Board of Commissioners shall have all the powers and the duties of the Board of Electrical Commissioners as set forth in Connecticut General Statutes Chapter 101, §§ 7-213 through and including 7-233hh and with respect to the Waste Department Chapter 102, §§ 7-234 through and including 7-244a, as amended, except where those sections are inconsistent with this Charter.

[13] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78(f).

(7) Term of Office[14]. The Board of District Commissions shall appoint for terms of three years each two (2) members of the Norwalk Public Library Board, in accordance with Chapter 87 of the Code of the City of Norwalk, Connecticut. The members shall, at the time of their appointment and throughout their terms be electors of the Second Taxing District and be domiciled therein.

[14] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78(g). Derived from Sp. Laws 1913, No. 352, § 25; Charter Amendment 11-8-1983; Charter Amendment 11-7-1995, effective 12-7-1995.

(8) Chairperson and Vice Chairperson[15]. 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:

(a) 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 of the Prior Charter, 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.

(b) 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.

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.

[15] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78(h).

(9) Election of District Commissioners[16].

(a) 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 § 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[17].

[17] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78A.1.

(b) Method of election: 2005[18]. 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.

[18] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78A.2(a).

(c) Method of Election: 2007 and 2009[19]. 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.

[19] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78A.2(b).

[16] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78A. Derived from Charter Amendment 11-4-2003, effective 12-4-2003.

H. Duties of the Treasurer[20]. 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[21].

[21] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78B.1.

(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[22].

[22] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78B.2.

(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[23].

[23] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78B.3.

(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 the 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 the district deemed appropriate by the Treasurer[24].

[24] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78B.4.

(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[25].

[25] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78B.5.

(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[26].

[26] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78B.6.

(7) Execute such certifications as may be required by law or for the management of the financial affairs of the Second Taxing District[27].

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.

[27] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78B.7.

[20] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-78B. Derived from Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.

I. Removal of Elected Officials[28].

(1) Grounds for Removal[29]. 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) Conviction of a felony;

(b) Conviction of a misdemeanor involving misconduct in office;

(c) A finding of incompetency according to Connecticut General Statutes § 45a-650;

(d) Removal of or vacating their domicile from the Second Taxing District of the City of Norwalk.

[29] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-79A.1a-d.

(2) Special Committee; creation and action[30]. Within ten 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. § 45a-649 or removal of or vacating their 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 ten Day period, the electors, at a special meeting called for that purpose in accordance with § 1-77 of the Prior Charter, shall elect three persons to be members of the Committee.

(a) The Special Committee shall consist of the following: (i) 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 (ii) 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.

(b) A meeting of the Special Committee shall be held within thirty Days following receipt of the formal notice of indictment, arrest or application for a hearing to determine competency or removal of their domicile all as set forth in the opening paragraph of this section. The senior District Commissioner, and, if there be none, the senior Electrical Commissioner, shall preside over the meetings of the Committee. If there are no elected officials eligible to sit on the Committee, a Chair 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.

(c) 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.

(d) 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 of the official's address in the Second Taxing District or last known address by the Committee not less than fifteen Days before the meeting date. The notice shall specify (i) the nature of the grounds for suspension and removal; (ii) the legal consequences thereof; (iii) 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 the official's expense.

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) nor less than seven Days before the date of the meeting

(e) The Special Committee shall consider the allegations involving each elected official so indicted, arrested, subject to competency hearing or accused of removing their domicile, separate and apart from the allegations involving any other elected official. The Special Committee shall decide (i) whether there is sufficient evidence based on the facts adduced at the hearing to require suspension of the elected official; (ii) the length of the suspension if required; and (iii) the terms of reinstatement to office. These matters shall be determined by a simple majority vote of the entire Special Committee.

(f) Upon a decision by the Special Committee to suspend an elected official, the elected official shall be forthwith suspended from all duties, authority and compensation relating to the official's office until reinstatement. Upon reinstatement, all compensation due the elected official that would have been earned had the official not been suspended shall become due and payable. No term of office shall be extended by any action of the Special Committee.

(g) Within ten Days of receipt of formal notice of a plea of guilty, an entry of a plea of nolo contendere or verdict finding the elected official guilty of a felony or misdemeanor involving misconduct in office or upon a finding by court of competent jurisdiction that the official is incapable of managing one's affairs or deemed to be a protected person pursuant to C.G.S. § 45a-650 or upon a finding by the Special Committee that the official has removed their domicile from the Second Taxing District of the City of Norwalk, the Special Committee shall declare the office of the official vacant and so notify the District Commission. The District Commission shall, after receiving the notice, fill the Vacancy as provided in this Charter unless within a ten-Day period after the action of the Special Committee a referendum is requested pursuant to this Charter.

(h) Within seven Days of a receipt of formal notice of a verdict finding the 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 the official has not removed their domicile in the Second Taxing District of the City of Norwalk, the Special Committee shall be reconvened by its Chair for the purpose of declaring the suspension revoked and the official reinstated to office; the reinstatement to be in accordance with the provisions of Section A.2 of this provision in the Prior Charter.

[30] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-79A.2a-i.

(3) Electors' right to referendum[31]. 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 of this provision in the Prior Charter or an office vacant pursuant to Section A.2g of this provision of the Prior Charter, 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 provision of the Prior Charter and signed by not less than a number of electors equal to ten (10%) percent of the total number of persons entitled to vote at the previous election is filed with the District Clerk within thirty 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:

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. (Lines for the signature and addresses of twenty electors shall follow the above)
The undersigned circulator hereby attests that:
1.	Each person whose name appears on this page personally signed the same in my presence.
2.	Each person whose name appears on this page is either personally known to me or has satisfactorily identified himself to me.
3.	I the signatures on this page were obtained no earlier than six (6) months prior to the filing of this petition with the District Clerk for the Second Taxing District of the City of Norwalk.
I recognize that the above statement is made by me subject to the penalties of false statement.
Signature of Circulator
Date
Name of Circulator
(to be typed or printed)

(c) 

The District Clerk shall review all petitions returned hereunder within five Days of their receipt by said Clerk and shall certify to the District Commissioners:

(i) The number of validated signatures necessary to equal the signatures of ten percent of the electors of the district entitled to vote at the last election.

(ii) On each page of the petitions the number of valid signatures.

(iii) The total number of valid signatures.

(iv) 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 said Clerk 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 thirty 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 ten percent 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 thirty Days nor later than forty-five 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 twenty-five (25%) percent 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 the 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 the Second Taxing District of the City of Norwalk pursuant thereto shall be binding upon the District Commissioners, the Electrical Commissioners and the Treasurer of the 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 the elected official shall immediately resume the duties and emoluments of office, including compensation for such period of time as has been withheld by reason of the official's suspension. In no way shall any suspension extend the original term of office.

(i) 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.

(ii) 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 of this provision of the Prior Charter shall apply, take precedence over and supersede such other provision.

[31] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-79A.3a-j.

[28] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-79A. Derived from Charter Amendment 11-8-1983.

J. Code of Ethics[32]. 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.

[32] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-79B. Derived from Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.

K. Ethics Commission[33].

(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, the 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:

(i) Written notice from the District Clerk of the receipt of a written ethics complaint by an elector of the district.

(ii) 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.

(iii) 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) The 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. The 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 two-third (2/3^rd) vote of the 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:

(i) 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.

(ii) 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.

(iii) If the person involved is an employee, the written report shall be delivered to the District Commission.

(iv) 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 (5) 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 (5) members of the Commission.

[33] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-79C. Derived from Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.

L. Vacancies[34]. Whenever any elective officer of the Second Taxing District shall die, resign or remove their residence from the district or, by reason of permanent mental or physical disability or infirmity, shall become incapacitated to discharge the duties of the office or shall be convicted of malfeasance in office or any infamous crime, or is removed from office as provided in § 1-79A of the Prior Charter, or when any Vacancy shall occur in any elective office from any cause, the Clerk of the district shall give notice of the Vacancy and convene a special meeting of the District Commissioners, upon at least ten Days' notice of such Vacancy.

(1) At the special meeting, the District Commissioners shall declare such office vacant and shall give written notice within seven Days of the meeting to the chair 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 the Town and City Committee residing in the Second Taxing District shall fill the Vacancy with an eligible elector within sixty 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 the political party, who resides in the district, within sixty 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 sixty 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 the 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.

I.	The Waterworks and Electrical Power.
	(1)	Liability for waterwork construction and maintenance[35]. The 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 the 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 the waterworks, and the 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 the Judge shall prescribe. The appraisers shall report their doings and the amount of their assessments to the Superior Court for Fairfield County. The Court may set aside such report for any irregular or improper conduct and may appoint another committee, but if the report is accepted, it shall be recorded, and such assessments shall be a final adjustment of the compensation and damages between the parties, and payment thereof or a deposit of the amount thereof with the Treasurer of the county for the use of such owners shall release the district from liability to further claims for compensation or damages.
	(2)	Obligation of the Commissioners[36]. 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 the 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.
	(3)	Budgets and Finance[37].
		(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.
			The accounting and bookkeeping for each utility shall be maintained separately and distinctly from the accounting and bookkeeping of the taxing district.
		(c)	General District Government: The General District Government accounts shall be used to manage, operate and control the taxing district, to maintain and keep in repair all property, both real and personal, which the district may possess and to perform all such duties as directed by the electors of the district at a regular or special meeting of the district, except the 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 the Water Department and to pay the current interest on notes, bonds or certificates of indebtedness incurred in relation to the Water Department and to the extinction of principal on the 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 the Water Department. If a surplus exists for the current year, funds shall be transferred to the Water Department reserve fund for future use by the 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.
			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 (3rd ) Wednesday in February, which budget shall be approved by a majority of the District Commissioners. The 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 the district budget.
		(e)	Electric Department. All income from electric service, rates and charges shall be applied to defray the current expenses of the Electric Department and to pay the current interest on notes, bonds or certificates of indebtedness incurred in relation to the Electric Department and to the extinction of principal on the 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 the Electric Department. If a surplus exists for the current year, funds shall be transferred to the Electric Department Reserve Fund for future use by the 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.
			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 the District Commissioners. The 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 the district budget.
		(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 the district, including the interest and principal due on notes, bonds or certificates of indebtedness of the district, not related to the Water Department or Electric Department, any capital appropriations of the district, not related to the 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.
			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 im~pection at the district office.
		(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. The 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 ninety Days for the purpose of continuing the business of the taxing district and its utilities. If after ninety 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. The 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.
	(4)	Taxation[38]. In case the income from water rents is inadequate to meet the current expense of the waterworks and the interest of the 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 the electric light and power plant and the interest of all indebtedness incurred on account of the electric light and power plant, a tax on all property and persons liable to taxation in the 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 the Board of District Commissioners, and the tax shall be collected in the same manner as other city taxes. The Board of Estimate and Taxation may lay and collect taxes for the purpose of paying any and all debts of the district and establishing a sinking fund for that purpose. The avails of such taxes shall be paid to the Treasurer of the district for the purposes only. The Board of Estimate and Taxation shall lay a tax to defray the expenses of the public library of the district to the amount appropriated by the district at any annual or special meeting[39].
	(5)	Liens and warrants for water rents[40]. Any claim of the 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 the 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.
	(6)	Accounts and reports of the Board of Commissioners[41]. The Board of District Commissioners shall keep a record of its proceedings and an accurate account of its receipts and disbursements appertaining to the Water and Electric Department and a like account of its receipts and disbursements in connection with all other properties of the district, verified by proper vouchers, which accounts shall be open at all reasonable time to inspection by any taxpayer of the district. The Board shall annually render to the district a statement of the accounts, and which statement shall be approved by a majority of the District Commissioners and recorded in the records of the district. The 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 the district, with an estimate of all sums required for the Water Department, the Electric Department and other purposes of the 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 the district.
		The Treasurer of the 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 the district. The Treasurer shall render annually to the district a statement of the accounts, and which statement shall be sworn to by the Treasurer and recorded in the records of the district.
		All financial reports, statements and accounts of the 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 the district at the annual budget meeting.
	(7)	Supplying water or electricity to any person or corporation[42]. The Board of District Commissioners may, with the consent of the electors of the district, supply water from the Water Department or electricity from the Electric Department of the district to any person or corporation within or without the geographical limits of the district.
	(8)	Unlawful destruction of waterwork property; violations and penalties[43]. Any person who shall willfully injure the water in any reservoir, aqueduct, hydrant, pipe or pump or destroy or injure any portion of the 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. The 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 the 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. The bylaws shall not become effective until ten Days after the date of publication in a newspaper having a circulation in the district.
	(9)	Brooks and streams[44]. 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 the brook is locally known, also emptying into the Norwalk River, to and including the headwaters of the stream and brook and the tributaries thereof, all to be used and employed by the 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.
	(10)	Providing and selling water[45]. 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 the City and to the Second Taxing District of the City; the area to be supplied by the districts, respectively, to be as agreed upon by and between the respective Boards of Commissioners of the districts.
	(11)	Authorization to erect loft or factory building[46]. The Second Taxing District of the City of Norwalk is authorized to erect on land now owned by the district, or on land contiguous thereto which shall hereafter be acquired by the 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 the district shall be managed and rented or leased on behalf of the district by its District Commissioners.
	(12)	Obtaining land for factory building[47]. For the purpose of erecting such building or buildings the 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 the land, or on the land and building or buildings.
	(13)	District meeting for proposed factory building[48]. 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 the 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 the district so to do.
	(14)	Sale of land[49]. The Second Taxing District is authorized to sell and convey any land owned or which shall hereafter be owned by the district which is not or at any time shall not be required for the purposes of the district, but no such sale or conveyance shall be made unless the District Commissioners have been authorized by regular or special meeting of the district to sell and convey the same.
	(15)	Pensions for employees of Board of Electrical Commissioners; repeal of 1937 act[50]. Number 244 of the Special Acts of 1937 is repealed.
	(16)	Fund distribution and liquidation[51]. 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 the act out of monies now in the pension fund therein provided for in the same manner and the same amount as provided under the act, and, after making provision for the persons, to administer and liquidate the balance of any monies remaining in the fund in a manner fair and equitable to those contributing thereto.
J.	Authorization to Issue Bonds: Water or Electric Works.
	(1)	Authorization to issue bonds; Water or Electric Works bond issue of 1917[52]. The Second Taxing District of the City of Norwalk is authorized to issue serial bonds to an amount not exceeding four hundred thousand ($400,000) dollars registered or with coupons attached, bearing interest at a rate not greater than four and one-quarter percent 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 thirty 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 the district, including the building and equipping of a new plant.
		(a)	Water or Electric Works bond issue of 1917; details[53]. The 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 the district; and such bonds, when so signed, executed, issued and delivered, shall be obligatory upon the district and upon the inhabitants thereof according to the tenor of the same.
	(2)	Authorization to issue bonds; Water Bond Issue of 1923[54]. The Second Taxing District of the City of Norwalk is authorized to issue bonds to an amount not exceeding three hundred thousand ($300,000) dollars, registered or with coupons attached, bearing interest at a rate not greater than five (5%) percent per annum, payable semiannually. Such bonds shall be issued in serial form, payable, as consecutively numbered, in such equal amounts each year, beginning five (5) years after their date, that the whole amount thereof shall be paid within a time not exceeding forty (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 the district including a new or additional filtration plant.
		(a)	Water Bond issue of 1923; details[55]. The 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 the district; and such bonds, when so signed, executed and delivered, shall be obligatory upon the district and upon the inhabitants thereof according to the tenor and purport of the same.
		(b)	Water Bond issue of 1923; payment provisions[56]. 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 the 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 the Second Taxing District and, with its increase, shall be used and expended only for the payment of such bonds.
K.	Authorization to Issue Bonds: Street Paving Bonds.
	(1)	Authorization to issue bonds; Street Paving Bonds of 1923[57]. The Second Taxing District of the City of Norwalk is authorized to issue serial bonds to an amount not exceeding seventy-eight thousand ($78,000) dollars registered or with coupons attached, bearing interest at a rate not greater than five percent 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 ten 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 the district for the purpose of paying and retiring certain street paving bonds which matured August 1, 1922.
		(a)	Street paving bonds of 1923; details[58]. The 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 the district; and such bonds, when so signed, executed, issued and delivered, shall be obligatory upon the district and upon the inhabitants thereof according to the tenor and purport of the same.
		(b)	Street paving bonds of 1923; payment provisions[59]. 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 the Second Taxing District and, with its increase, shall be used and expended only for the payment of such bonds.
		(c)	Street paving bonds of 1923; limitation on amount[60]. The amount of the bonds issued under §§ 1-97 to 1-100 of the Prior Charter with the amount of the outstanding indebtedness of the 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, five percent of the grand list of the City.
L.	Authorization to Issue Bonds: Public Improvement Bonds.
	(1)	Authorization to issue bonds; Public Refunding of Bonds of 1925[61]. The Second Taxing District of the City of Norwalk is authorized to issue bonds to an amount not exceeding thirty thousand ($30,000) dollars registered or with coupons attached, bearing interest at a rate not greater than five percent 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 thirty (30) years from their date. The avails of such bonds shall be used only to refund certain public improvement bonds issued by the district under its former name of the City of South Norwalk which are to mature July 1, 1925.
		(a)	Public refunding bonds of 1925; details[62]. The 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 the district.
		(b)	Public refunding bonds of 1925; payment provisions[63]. 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 the district, which money shall be deposited at interest in the sinking fund of the Second Taxing District and, with its increase, shall be used and expended only for the partial or complete payment of such bonds at maturity.
		(c)	Public refunding bonds of 1925; limitations[64]. The amount of the bonds issued under the provisions of this act, with the amount of the outstanding indebtedness of the district and the 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, five percent of the grand list of the City.
M.	Authorization to Issue Bonds: Water Refunding Bonds.
	(1)	Authorization to issue bonds; Water Refunding Bond Issue of 1925[65]. The Second Taxing District ofthe City of Norwalk is authorized to issue bonds to an amount not exceeding ninety thousand ($90,000) dollars, registered or with coupons attached, bearing interest at a rate not greater than five percent 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 thirty years from their date. The avails of such bonds shall be used only to refund certain water bonds issued by the district under its former name of the City of South Norwalk which are to mature July 1, 1925.
		(a)	Water refunding bond issue of 1925; details[66]. The 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 the district.
		(b)	Water refunding bond issue of 1925; payment provisions[67]. 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 the district, which money shall be deposited at interest in the sinking fund of the Second Taxing District and, with its increase, shall be used and expended only for the partial or complete payment of such bonds at maturity.
N.	Authorization to Issue Bonds: Water Bond Issue of 1953[68]. The Second Taxing District of the City of Norwalk is hereby authorized to issue bonds to an amount not exceeding five hundred thousand ($500,000) dollars, registered or with coupons attached, bearing interest at a rate not greater than five percent 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 twenty 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 the district, including a new or additional filtration plant.
	(1)	Water bond issue of 1953; details[69]. The 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 the district; and such bonds, when so signed, executed, issued and delivered, shall be obligatory upon the district and upon the inhabitants thereof according to the tenor of the same.
	(2)	Water bond issue of 1953; payment provisions[70]. 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 the district, annually make an appropriation and levy taxes to pay the interest on the 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 the district for the purpose of paying such bonds at maturity and the money shall be deposited at interest in the sinking fund of the Second Taxing District and, with its increase, shall be used and expended only for and in the payment of such bonds.

[35] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-80. Derived from Sp. Laws Sp. Laws 1913, No. 352, § 27.

[36] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-80A. Derived from Charter Amendment 11-8-1983.

[37] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-81. Derived from Charter Amendment 11-4-2003, effective 12-4-2003.

[38] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-82. Derived from Sp. Laws 1913, No. 352, § 29; Sp. Laws 1921, No. 189, § 2.

[39] NOTE: Historical Editor's Note: See Art. XIX, Library Appropriations.

[40] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-83. Derived from Sp. Laws 1913, No. 352, § 30; Sp. Laws 1933, No. 340, § 2; Sp. Laws 1951, No. 572.

[41] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-82. Derived from 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.

[42] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-85. Derived from Sp. Laws 1913, No. 352, § 32; Charter Amendment 11-8-1983; Charter Amendment 11-4-2003, effective 12-4-2003.

[43] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-86. Derived from Sp. Laws 1913, No. 352, § 33; Charter Amendment 11-8-1983.

[44] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-87. Derived from Sp. Laws 1929, No. 471, § 1.

[45] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-88. Derived from Sp. Laws 1929, No. 471, § 2.

[46] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-89. Derived from Sp. Laws 1919, No. 306, § 1.

[47] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-90. Derived from Sp. Laws 1919, No. 306, § 2.

[48] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-91. Derived from Sp. Laws 1919, No. 306, § 3.

[49] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-92. Derived from Sp. Laws 1919, No. 306, § 4.).

[50] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-93. Derived from Sp. Laws 1949, No. 19, § 1.

[51] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-94. Derived from Sp. Laws 1949, No. 19, § 2.

[52] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-95. Derived from Sp. Laws 1917, No. 176, § 1.

[53] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-96. Derived from Sp. Laws 1917, No. 176, § 2.

[54] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-101. Derived from Sp. Laws 1923, No. 126, § 1.

[55] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-102. Derived from Sp. Laws 1923, No. 126, § 2.

[56] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-103. Derived from Sp. Laws 1923, No. 126, § 3.

[57] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-97. Derived from Sp. Laws 1923, No. 157, § 1.

[58] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-98. Derived from Sp. Laws 1923, No. 157, § 2.

[59] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-99. Derived from Sp. Laws 1923, No. 157, § 3.

[60] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-100. Derived from Sp. Laws 1923, No. 157, § 4.

[61] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-104. Derived from Sp. Laws 1925, No. 447, § 1.

[62] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-105. Derived from Sp. Laws 1925, No. 447, § 2.

[63] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-106. Derived from Sp. Laws 1925, No. 447, § 3.

[64] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-107. Derived from Sp. Laws 1925, No. 447, § 4.

[65] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-108. Derived from Sp. Laws 1925, No. 471, § 1.

[66] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-109. Derived from Sp. Laws 1925, No. 471, § 2.

[67] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-110. Derived from Sp. Laws 1925, No. 471, § 3.

[68] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-111. Derived from Sp. Laws 1953, No. 179, § 1.

[69] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-112. Derived from Sp. Laws 1953, No. 179, § 2.

[70] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-113. Derived from Sp. Laws 1953, No. 179, § 3.

[34] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-79D. Derived from Charter Amendment 11-7-1995, effective 12-7-1995.

[1] NOTE: Editor's Note: See § 121 for authority of Second Taxing District as to appropriations for parking purposes. For taxing districts in general, see Art. II.

§ 12-9 Third Taxing District. [1]

A. Body politic and corporate; rights in general[2]. All the electors of this state dwelling within the territorial limits of the Third Taxing District as hereinbefore established are hereby constituted a body politic and corporate by the name of the Third 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 property, 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 East Norwalk Fire District of the Town of Norwalk, and all the rights, powers, franchises, privileges, and immunities heretofore granted to the East Norwalk Fire District in relation to the construction of electric light works, and the generation and purchase of electricity for the use of the district and the inhabitants thereof, and the erection, placing, and maintenance of poles, wires, and all other necessary fixtures within the district for receiving and distributing electricity, and the same are hereby vested in the Third Taxing District, and the Third Taxing District is hereby authorized to manage, operate, and control its electric light works with the same authority, rights and liabilities, and in the same manner as the East Norwalk Fire District and except as herein otherwise provided, to care for, maintain, and keep in repair, all estate, both real and personal, which the district may acquire, to sell and convey any of the property, any property held in trust excepted, and apply the proceeds in the reduction of the indebtedness of the district. The district shall pay $100 or more yearly toward the support of the East Norwalk Improvement Association, Incorporated, Public Library.

[2] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-114. Derived from Sp. Laws 1913, No. 352, § 34; Sp. Laws 1921, No. 189, § 3.

B. Taxation liability[3]. All the inhabitants and property within the limits of the Third Taxing District shall be liable to taxation to defray any burdens, expenses, and liabilities of the former East Norwalk Fire District at the time of the passage of this act and such other liabilities as the taxing district may incur under the provisions of this act.

[3] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-115. Derived from Sp. Laws 1913, No. 352, § 35.

C. Meetings[4]. The annual meeting of the electors residing in the taxing district shall be held on the third Wednesday of September[5]^[1] for the purpose of hearing the reports of the Commissioners of the district, and acting on such matters as may be properly brought before the meeting. Public Notice of time and place of the meeting shall be given by the Board of Commissioners by publishing in a newspaper having a circulation in the district at least ten Days before the meeting, which notice shall set forth all matters to be considered at the meeting. Special meetings of the district may be called in like manner by the Board, and shall be called upon written petition of twenty-five electors of the district, to consider and act upon the matters set forth in such notice or petition.

[4] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-116. Derived from Sp. Laws 1913, No. 352, § 36.

[5] NOTE: Historical Editor's Note: See also § 1-19.

D. Board of Commissioners and Treasurer in Third Taxing District[6]. At the election for the choice of City and town officers in 1913, there shall be elected in the Third Ward by the electors of the Third Taxing District three Commissioners for the terms of office of two, four, and six years, respectively, who shall hold office for the terms and until their successors are elected and qualified, and there shall be elected a Treasurer of the Taxing District[7] who shall hold office for the term of two years and until a successor is elected and qualified. Biennially thereafter there shall be elected in the Third Taxing District by the electors of the district, a Commissioner who shall hold office for the term of six years and until a successor is elected and qualified, and a Treasurer of the Third Taxing District who shall hold office for the term of two years and until a successor is elected and qualified. The terms of office of the Commissioners and Treasurer shall begin on the Wednesday following their election.

[6] NOTE: 2023 recodification of current Article III - Part 1. In General, § 1-177. Derived from Sp. Laws 1913, No. 352, § 58. Historical Editor's Note: For further provisions see § 1-117 supra.

[7] NOTE: Historical Editor's Note: The Third Taxing District is meant.

E. Board of Commissioners, Treasurer, Clerk; mechanics and laborers[8]. The district shall elect a Board of Commissioners and a Treasurer of the district, all of whom shall be sworn to a faithful discharge of their duties, and shall hold their office as hereinafter provided, and shall receive such compensation as the district shall determine[9]. The Commissioners shall appoint a Clerk who shall receive reasonable compensation as determined by the Commissioners. It shall be the duty of the Clerk to keep a record of all transactions of the district and of the Board of Commissioners and discharge such duties as the Board may prescribe. The Commissioners may employ such mechanics, experts, and laborers as may be necessary in the exercise of their powers and duties.

[8] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-117. Derived from Sp. Laws 1913, No. 352, § 37.

[9] NOTE: Historical Editor's Note: For further election provisions refer to § 1-177.

F. Authority and duties of Commissioners[10]. The Commissioners are hereby authorized in all matters pertaining to the electric-light plant of the district to exercise all the authority and discharge all the duties that are granted to Electrical Commissioners by Chapter 122 of the General Statutes, except as the powers and duties may be herein limited, and to care for and keep in repair all the property of the district, with power to lease or sell the same, delivering the income and proceeds of such sales to the Treasurer of the district, and apply the proceeds as the Board may be authorized by the district, and to exercise any additional powers that may, from time to time, be conferred upon them by the district. A majority of the Commissioners shall constitute a quorum for the transaction of any of the business of the Board.

[10] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-122. Derived from Sp. Laws 1913, No. 352, § 38.

G. Taxation[11]. In case the income from the sales of electricity is inadequate to meet the current expenses of the electric-light plant and the interest on the indebtedness of the district, a tax on all property and persons liable to taxation in the district shall be laid to supply such deficiency by the Board of Estimate and Taxation of the city at any meeting of the Board called for that purpose upon the application of the Board of Commissioners of the district, and the tax shall be collected in the same manner as other city taxes. The Board of Estimate and Taxation may lay and collect taxes for the purpose of paying the debts of the district or any part thereof, and of establishing a sinking fund for that purpose. The avails of such taxes shall be paid to the Treasurer of the district for application for the purposes only. The Board of Estimate and Taxation shall lay a tax to defray the expenses of the public library of the East Norwalk Improvement Association, Incorporated, of the district to the amount appropriated by the district at any annual or special meeting[12].

[11] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-118. Derived from Sp. Laws 1913, No. 352, § 40; Sp. Laws 1921, No. 189, § 4.

[12] NOTE: Historical Editor's Note: For appropriations for libraries, see Art. XIX.

H. Use-of-electricity liens[13]. Any claim of the district for the use of electricity or for the rent of fixtures shall be a lien upon the real estate or property in connection with which such electricity was furnished or such fixtures used, and the lien may be foreclosed by the district before any court having jurisdiction in the same manner as mortgages.

[13] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-119. Derived from Sp. Laws 1913, No. 352, § 41.

I. Records and accounts of the Board of Commissioners[14]. It shall be the duty of the Board of Commissioners to keep a record of its proceedings and an accurate account of its receipts and disbursements appertaining to the electric-light plant, and a like account of its receipts and disbursements in connection with all other property of the district, verified by proper vouchers, which accounts shall be open at all reasonable times to inspection by any taxpayer of the district.

[14] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-120. Derived from Sp. Laws 1913, No. 352, § 42.

J. Violations, penalties, and forfeitures[15]. The district shall have power to enact by-laws at any annual or special meeting imposing penalties and forfeitures for the violation of any of the rules and Regulations of the Board of Commissioners of the district, providing such penalties or forfeitures shall not exceed $20 for each offense. The by-laws shall not become effective until published in a newspaper having a circulation in the district.

[15] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-121. Derived from Sp. Laws 1913, No. 352, § 43.

K. Income from electricity[16]. All income from the sales of electricity shall first be applied to defraying the current expenses of the electric-light plant, and to paying the interest on notes, bonds, or certificates of indebtedness incurred in relation to the electric-light plant. If there are retained earnings of cash or negotiable securities or an accumulated surplus of cash or negotiable securities, in excess of retirement reserve, the Commissioners shall make report thereof to the next annual or special meeting of the district, which shall direct the same to be applied to the extinction of the principal debt of the district, or to any purpose in connection with the works, and, if there is no such debt or need in connection with the works, the meeting may direct such retained earnings or any portion thereof in excess of a proper retirement reserve to be applied to the district general account for current expenses of the district, including public street lighting, care of parks owned by the district, care of the East Norwalk Cemetery, salaries of district officials, support of the East Norwalk Improvement Association Public Library, and improvements to the library and the building and premises where it is housed and adjoining premises owned by the district.

[16] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-123. Derived Sp. Laws 1913, No. 352, § 39; Sp. Laws 1959, No. 282.

L. Authorization to issue bonds; funding bond issue of 1917[17]. The Third Taxing District of the City of Norwalk is authorized to issue serial bonds, to an amount not exceeding eighty-five thousand ($85,000) dollars, registered or with coupons attached, bearing interest at a rate not greater than four and one-half percent per annum, payable semiannually, the first installment of the principal thereof to be payable within three years from the date of issue and the remainder at some certain time or times not later than thirty years after the date thereof. Such bonds shall be sold at not less than par and the avails thereof used only for the funding of the debt of the district and for the extension, improvement and enlargement of the electric-power plant of the district.

(1) Funding bond issue of 1917; details[18]. The district, at a special meeting of its electors, duly warned, 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 in behalf of the district. Such bonds, when so signed, executed, issued and delivered, shall be obligatory upon the district and upon the inhabitants thereof, according to the tenor and purport of the same.

[18] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-125. Derived from Sp. Laws 1917, No. 259, § 2.

(2) Funding bond issue of 1917; limitations[19]. No bonds shall be issued under §§ 1-124 to 1-126 of the Prior Charter as to permit the net bonded indebtedness of the district at any time to exceed five (5%) percent of the grand list of the district as the same may be compiled for the year of such issue, provided, in computing the debt limitation, bonds issued or to be issued for the construction or maintenance of municipal waterworks or lighting plants shall not be included.

[19] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-126. Derived from Sp. Laws 1917, No. 259, § 3.

[17] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-124. Derived from Sp. Laws 1917, No. 259, § 1.

M. Authorization to issue bonds; bond issue of 1949[20]. The Third Taxing District of the City of Norwalk is authorized to issue, by and through the action of the Commissioners and the Treasurer of the district, bonds, notes or other certificates of indebtedness to an amount not exceeding two hundred fifty thousand ($250,000) dollars, in coupon form or otherwise and registered or not registered, hearing interest to a rate not greater than five percent per annum, payable in substantially equal monthly or annual installments, beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than twenty (20) years from their date. The proceeds of such bonds, notes, or other certificates shall be used for the extension, improve and facilities of the district. Such bonds, notes or other certificates may be issued from time to time, and nothing herein contained shall require the whole amount of such bonds, notes or other certificates to be issued or prevent their issuance in amounts less than the total authorized issue as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each such loan shall be payable in monthly or annual installments and within the period of time specified herein from its date. Such Commissioners and Treasurer may borrow on short-term notes within the limitations of this section and for the purpose herein set forth and may renew the notes from time to time if this manner of borrowing shall be deemed expedient.

(1) Bond issue of 1949; details.[21] The Commissioners and Treasurer of the district shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds, notes or other certificates and the annual rate of interest and other particulars of the form of such bonds, notes or other certificates and the manner of issuance.

[21] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-128. Derived from Sp. Laws 1949, No. 141, § 2.

(2) Bond issue of 1949; obligations[22]. Such bonds, notes or other certificates, when executed, and delivered by the Commissioners and Treasurer of the district, shall be obligatory upon the district and the inhabitants thereof according to the tenor and purport of the same.

[22] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-129. Derived from Sp. Laws 1949, No. 141, § 3.

(3) Bond issue of 1949; effective date[23]. §§ 1-127 to 1-130 of the Prior Charter shall be effective upon its ratification by a special meeting of the district called for this purpose.

[23] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-130. Derived from Sp. Laws 1949, No. 141, § 4.

[20] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-127. Derived from Sp. Laws 1949, No. 141, § 1.

N. Purchase of Taylor property; maximum expenditures[24]. The Third Taxing District of the City of Norwalk may purchase the property, known as the Taylor property, which adjoins the premises of the East Norwalk Community Hall and may improve the newly purchased property, and may improve and enlarge the East Norwalk Community Hall and the East Norwalk Improvement Association Public Library which is housed in the community hall; provided no expenditure of more than twenty thousand ($20,000) dollars shall be made without the approval of the majority of the electors of the district who are present and voting at a special meeting of the district called for the purpose of such approval.

[24] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-131. Derived from Sp. Laws 1959, No. 94, § 1.

O. Cash surplus[25]. The purchase and such improvements may be made with the current cash surplus or accumulated cash surplus of the electric-light works owned by the district, in excess of reserve for depreciation.

[25] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-132. Derived from Sp. Laws 1959, No. 94, § 2.

P. Borrowing money[26]. For the purpose of purchasing the property and making such improvements the district is authorized to borrow money and to secure the money so borrowed by mortgage on the land, or on the land and buildings.

[26] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-133. Derived from Sp. Laws 1959, No. 94, § 3.

[1] NOTE: Historical Editor's Note: For taxing districts, in general, see Art. II.

§ 12-10 Sixth Taxing District. [1]

A. Boundaries of the Sixth Taxing District[2]. The territory of the City of Norwalk which is included within the following boundaries shall be the Sixth Taxing District of the City of Norwalk as follows: starting at a point on the boundary line between Darien and Norwalk; thence running east in a direct line to the westerly end of the southerly boundary of Union cemetery, so called; thence running along the southerly boundary of the Union cemetery to the westerly side of Rowayton Avenue; thence running northerly along the westerly side of Rowayton Avenue to a point that is upon a production westerly of a line drawn 200 feet, measured at right angles, northerly from the northerly side of Sheffield Road, so called; thence running easterly upon said line 200 feet, measured at right angles, northerly from the northerly side of Sheffield Road to the westerly side of Lenox Road, so called; thence running easterly across Lenox Road to the corner formed by the intersection of the easterly side of Lenox Road with the southerly side of Winter Street, so called; thence running along said southerly side of Winter Street to the westerly side of Vanderbilt Avenue, so called; thence running upon a production easterly of said southerly side of Winter Street across Vanderbilt Avenue and easterly to a point 200 feet, measured at right angles, from the easterly side of Vanderbilt Avenue; thence running southerly along a line 200 feet easterly from and parallel to said easterly side of Vanderbilt Avenue to land of the New York, New Haven and Hartford Railroad Company; thence running along said land of the New York, New Haven and Hartford Railroad Company to the easterly side of Highland Avenue at Gaynor's Bridge, so called; thence running southerly along said easterly side of Highland Avenue to the southerly boundary of land of the New York, New Haven and Hartford Railroad Company; thence running easterly along said southerly boundary of land of the New York, New Haven and Hartford Railroad Company to a point 600 feet east of the easterly side of Highland Avenue, said distance measured at right angles with the easterly side of Highland Avenue; thence running southeasterly in a straight line to a point which is 100 feet northwest of the most northwesterly side of the twenty-foot strip reserved for highway purposes, measured at right angles, and is 400 feet northeast of the northeasterly side of Witch Lane, measured at right angles; and thence continuing on a prolongation of the aforesaid line to a point 200 feet, measured at right angles, from the northerly side of Witch Lane, so called; thence running easterly along a line 200 feet, northerly from and parallel to said northerly side of Witch Lane to the westerly side of other land of the New York, New Haven and Hartford Railroad Company; thence running southerly along said westerly side of other land of the New York, New Haven and Hartford Railroad Company across said Witch Lane and across Wilson Road, so called, to the mean highwater mark of Wilson's Cove, so called; thence running along the mean high-water mark of the northerly and westerly boundary of Wilson's Cove to the mean high-water mark of Long Island Sound; thence running along said mean high-water mark of Long Island Sound to the entrance to Five Mile River; thence running westerly across said entrance to Five Mile River to the boundary line between Darien and Norwalk; thence running in a general northerly direction along said boundary line between Darien and Norwalk to the starting point or place of beginning.

[2] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-134. Derived from Sp. Laws 1953, No. 566, § 2.

B. Body politic and corporate; rights in general[3]. All electors of this state dwelling within the territorial limits of the Sixth Taxing District are hereby constituted a body politic and corporate by the name of the Sixth 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 property, real or personal, and having a common seal for the purpose of contracting for street lighting, sewers or any other needed civic improvement voted by such district, including Rowayton Public Library.

[3] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-135. Derived from Sp. Laws 1921, No. 289, § 2.

C. Taxation liability[4]. All inhabitants and property within the limits of the Sixth Taxing District shall be liable to taxation to defray any expenses or liability the taxing district may incur under §§ 1-135 to 1-141 of the Prior Charter. The Board of Estimate and Taxation may lay and collect taxes for the purpose of paying the debts of the district or any part thereof and of establishing a sinking fund for that purpose. The avails of such taxes shall be paid to the Treasurer of the Sixth Taxing District for application for the purposes only. The Board of Estimate and Taxation shall lay a tax to defray the expenses of the Rowayton Public Library to the amount appropriated by the district at any annual or special meeting of the district.

[4] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-136. Derived from Sp. Laws 1921, No. 289, § 3.

D. Meetings; fiscal year[5]. Beginning in the year 1956, the annual meeting of the electors residing in the taxing district shall be held on the first Wednesday of March, for the purpose of hearing the reports of the Commissioners of the district, and acting on such matters as may be properly brought before such meeting. Notice of the time and place of the meeting shall be given by the Board of Commissioners by publishing the same in a newspaper having a circulation in the district at least ten Days before the meeting, which notice shall set forth all matters to be considered in the meeting. Special meetings in the district may be called in like manner by the Board and shall be called upon written request of twenty-five electors of the district to consider matters as set forth in such notice or publication. Beginning in the year 1975, the fiscal year of the Sixth Taxing District of the City of Norwalk shall begin on the first Day of July and terminate on the last Day of June.

[5] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-137. Derived from Sp. Laws 1921, No. 289, § 4; Sp. Laws 1955, No. 438, § 2; Charter Amendment 6-19-1974.

E. Tax collection[6]. The Collector of Taxes and Assessments of the City of Norwalk shall be Ex Officio Treasurer of the Sixth Taxing District[7] and all taxes levied upon property in the district shall be collected by the Collector of Taxes and Assessments, and the Collector shall whenever necessary file with the Town Clerk the Tax Collector's certificate for the continuation of any liens for taxes levied upon property located in the district, and may bring suit for the foreclosure of any such tax lien in the name of the Sixth Taxing District in the manner provided by law for the foreclosure of tax liens, and shall have the same powers and duties in relation to the collection of taxes in the Sixth Taxing District as authorized has under the provisions of this Charter, in relation to all other taxes and assessments of the City.

[6] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-138. Derived from Sp. Laws 1921, No. 289, § 5.

[7] NOTE: Historical Editor's Note: See § 1-147 for repeal provision. As to election and duties of Treasurer, see § 1-146.

F. Board of Commissioners; Clerk; mechanics and laborers[8]. The district shall elect a Board of Commissioners, all of whom shall be sworn to a faithful discharge of their duties and shall hold their office as hereafter provided and shall receive such compensation as the electors of the district shall decide. The Commissioners shall appoint a Clerk who shall receive reasonable compensation as determined by the Commissioners. It shall be the duty of the Clerk to keep a record of all transactions of the district and of the Board of Commissioners and discharge such duties as the Board may prescribe. The Commissioners may employ such mechanics, experts and laborers as may be necessary in the exercise of their powers and duties.

(1) Duties of Commissioners; quorum[9].

(a) The Board of Commissioners of the Sixth Taxing District shall manage the affairs and business of the district.

(b) The duties of the Commissioners shall include, but not be limited to, the care, maintenance and repair of all the property of the district. They may lease, alter, improve or move the same, and sell personal property, and negotiate to sell, exchange or raze real property subject to elector approval. The Commissioners may execute and deliver on behalf of the district all documents which may be necessary or proper to effectuate such letting, sale, other change or exchange, delivering the income and proceeds therefrom in such manner as the electors of the district may authorize, and may exercise any other powers necessary to carry out the provisions of this act or conferred upon them by the district.

(c) A majority of the Commissioners shall constitute a quorum for the transaction of business.

[9] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-139.1. Derived from Sp. Laws 1967, No. 176, §§ 1-3.

(2) Commissioners[10]. There shall be held on the last Monday of June 1923, a special meeting of the qualified voters of the Sixth Taxing District of the City of Norwalk, to elect three Commissioners for the district, one to serve until a successor shall be elected at the regular biennial election of city and town officers in the year 1925, one to serve until a successor shall be elected at the regular biennial election in the year 1927 and one to serve until a successor shall be elected at the regular biennial election in the year 1929, or until their several successors shall be elected and qualified. The City Clerk of the City of Norwalk shall give due and regular Public Notice ("warning") of the special election, shall provide printed ballots bearing the names of the candidates for office of Commissioner, which names shall have been daily attested to the City Clerk as nominated at the party caucuses held prior to the special election, and shall provide a ballot box for the reception of the ballots, which shall be polled under the same Regulations as govern elector's meetings in the Town of Norwalk. Such special election shall be held at the Rowayton Hose House in the district, and the ballot box for the reception of ballots shall remain open from 2:00 p.m. until 9:00 p.m., then it shall be closed, the ballots sorted and counted and the result declared. In 1925, and biennially thereafter, at the regular election of town and city officers, there shall be elected by the electors of the Sixth Taxing District, one Commissioner who shall hold office for the term of six years and until a successor shall be elected and qualified. The term of office for each Commissioner shall begin on the Wednesday following the election. The Commissioner shall perform such duties as from time to time shall be required of or imposed upon them by vote of the district.

[10] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-142. Derived from Sp. Laws 1923, No. 410, § 1. Historical Editor's Note: See also § 1-139.

(3) Validation of election of Commissioners in 1923[11]. The election of three Commissioners of the Sixth Taxing District of the City of Norwalk at the election of the City of Norwalk held on the first Monday of October, 1923, is validated and confirmed.

[11] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-144. Derived from Sp. Laws 1925, No. 191, § 1.

(4) Validation of acts[12]. All meetings of the Sixth Taxing District held pursuant to call issued by the District Commissioners and all acts, votes and Resolutions passed at such meetings and all appropriation made by such meetings are validated and confirmed.

[12] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-145. Derived from Sp. Laws 1925, No. 191, § 2.

(5) Election and duties of treasurer[13]. At the election to be held in 1925 for town and city officers for the Town and City of Norwalk and the several Taxing Districts thereof, and biennially thereafter, there shall be elected by the electors of the Sixth Taxing District a Treasurer, who shall hold office for the term of two years and until a successor shall have been elected and qualified. Such Treasurer shall, in and for the district, have the same authority given to and shall perform the same duties as are required of the Treasurer of the First Taxing District, of the Second Taxing District and of the Third Taxing District of the City of Norwalk under the provisions of the Charter of the City.

[13] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-146. Derived from Sp. Laws 1925, No. 191, § 3.

(6) Repeal of former act as to Collector of Taxes[14]. So much of § 1-138, amending an act consolidating the Town of Norwalk with the cities of Norwalk and South Norwalk and the East Norwalk Fire District, and incorporating the City of Norwalk, approved May 19, 1921, as requires the Collector of Taxes and Assessments of the City of Norwalk to be, Ex Officio, Treasurer of the Sixth Taxing District, is repealed.

[14] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-147. Derived from Sp. Laws 1925, No. 191, § 4.

[8] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-139. Derived from Sp. Laws 1921, No. 289; § 6; Sp. Laws 1967, No. 175. Historical Editor's Note: See also § 1-142.

G. Appropriations toward the support of the public library[15]. The Sixth Taxing District shall annually appropriate one hundred ($100) dollars or more toward the support of Rowayton Public Library, and the Board of Estimate and Taxation of the City of Norwalk shall appropriate annually the sum of one hundred ($100) dollars toward the support of such library.

[15] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-140. Derived from Sp. Laws 1921, No. 289, § 7. Historical Editor's Note: As to library appropriations see Art. XIX.

H. Effect and approval of act[16]. §§ 1-135 to 1-141 of the Prior Charter shall not take effect unless approved by the qualified electors residing within the limits of the Sixth Taxing District at a special meeting to be called on the last Monday of June 1921, and in the Public Notice ("warning") for the special meeting notice shall be given to the electors of the district that the question of the approval or disapproval of this act will be voted upon. The electors who are in favor of approving this act will give in their ballots with the word "Yes" written or printed thereon, and those opposed will give in their ballots with the word "No" written or printed thereon, and the ballots shall be furnished by the City Clerk of the City of Norwalk. If the majority of the ballots so given have the word "Yes" printed or written thereon, this act shall take effect. A ballot box for the reception of the ballots at the meeting shall be provided by the City Clerk of the City of Norwalk, and shall remain open from 2:00 p.m. until 9:00 p.m. at the Rowayton Hose House in the district, when it shall be closed and the ballots sorted and counted and the result declared. The registry list of the Fifth Ward of the City of Norwalk last made and completed shall be used to determine the electors residing in the Sixth Taxing District, and the ballots shall be polled under the same Regulations as govern elector's meetings in the Town of Norwalk. If the majority of the ballots shall be in favor of approving this act, a certificate of the approval signed by the Clerk of the City of Norwalk shall be forwarded to the Secretary of State, who shall record the same.

[16] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-141. Derived from Sp. Laws 1921, No. 289, § 8.

I. Listing of taxable property[17]. All owners of taxable property in the Sixth Taxing District, in filing lists of taxable property in accordance with the provisions of this Charter as contained in §§ 1-273, 1-276 and 1-281 of the Prior Charter, shall list such property as in the Sixth Taxing District.

[17] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-143. Derived from Sp. Laws 1923, No. 410, § 2. Historical Editor's Note: See § 1-273; § 1-276; § 1-281.

J. Authorization to adopt and enforce rules and Regulations as to Bayley Beach[18]. The Commissioners of the Sixth Taxing District of the City of Norwalk shall have power to formulate and to adopt and enforce rules and Regulations in the manner hereinafter provided for governing the frequenting and use of Bayley Beach, so called, the property, buildings and equipment appurtenant thereto. Any person violating any such rule or Regulation shall be fined not more than one hundred ($100) dollars or imprisoned not more than thirty Days, or both.

(1) Bayley Beach; hearing on rules and Regulations[19]. Before passing any rule or Regulation, the Commissioners shall hold a hearing thereon, notice of which shall be given by publishing the proposed rule or Regulation and the time and place of such hearing in some newspaper having a circulation in the Sixth Taxing District of the City of Norwalk, at least five Days before the time fixed for the hearing.

[19] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-149. Derived from Sp. Laws 1951, No. 369, § 2.

(2) Bayley Beach; passage of rules and Regulations[20]. If a majority of the electors of the Sixth Taxing District of the City of Norwalk present and voting at such hearing oppose the adoption of a proposed rule or Regulation, the question of its adoption shall be submitted to the electors of the Sixth Taxing District of the City of Norwalk at its next regular or special meeting, and in such event such rule or Regulation shall not become effective unless a majority of the electors voting at such meeting shall vote in favor thereof.

[20] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-150. Derived from Sp. Laws 1951, No. 369, § 3.

(3) Bayley Beach; effective dates of rules and Regulations[21]. Any rule or Regulation adopted as provided in §§ 1-149 to 1-150 of the Prior Charter shall become effective fifteen Days after publication thereof in some newspaper having a circulation in the Sixth Taxing District of the City of Norwalk.

[21] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-151. Derived from Sp. Laws 1951, No. 369, § 4.

(4) Bayley Beach; effective date of act[22]. §§ 1-148 to 1-152 of the Prior Charter shall take effect upon their approval by the legal voters of the Sixth Taxing District of the City of Norwalk at a special meeting of the district legally called for the purpose, to be held not later than October 1, 1951.

[22] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-152. Derived from Sp. Laws 1951, No. 369, § 5.

[18] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-148. Derived from Sp. Laws 1951, No. 369, § 1.

K. Authorization to issue bonds; Roton Point Park improvement bond issue of 1943[23]. The Commissioner of the Sixth Taxing District of the City of Norwalk are authorized, when in legal meeting assembled, by a majority of votes of the members of the Commission, to issue bonds or notes on behalf of the taxing district to an amount not exceeding in the aggregate fifty thousand ($50,000) dollars, registered or with coupons attached, or both, bearing interest at a rate not exceeding five percent per annum, payable semiannually.

(1) Roton Point park improvement bond issue of 1943; nature[24]. Such bonds or notes shall be serial in form and payable in such substantially equal annual installments that the entire amount thereof shall be paid with 10 years from the date of issue.

[24] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-154. Sp. Laws 1943, No. 64, § 2.

(2) Roton Point park improvement bond issue of 1943; proceeds[25]. The proceeds of such bonds or notes shall be used (a) for the purpose of such of Roton Point, so called, as the Commissioners see fit, for a site for a public park for the taxing district and (b) to defray the expense of improving the same for such purpose.

[25] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-155. Sp. Laws 1943, No. 64, § 3.

(3) Roton Point park improvement bond issue of 1943; details[26]. The Commissioners of the taxing district, subject to the limitations of §§ 1-153 to 1-156 of the Prior Charter, shall determine the form of such bonds or notes, the several and aggregate amounts thereof, the time or times and place or places of payment of both principal and interest, the manner of signing, countersigning, selling, exchanging or otherwise disposing thereof and the person or persons who shall execute, negotiate and deliver the same for the district.

[26] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-156. Sp. Laws 1943, No. 64, § 4.

(4) Roton Point park improvement bond issue of 1943; obligations[27]. The bonds or notes when so executed, issued and delivered, shall be obligatory upon the district, and upon all the inhabitants and property thereof.

[27] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-157. Sp. Laws 1943, No. 64, § 5.

[23] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-153. Sp. Laws 1943, No. 64, § 1.

L. § 1-158. Authorization to issue bonds; Bayley Beach bond improvement issue of 1955[28]. The Commissioners of the Sixth Taxing District of the City of Norwalk are authorized, when in legal meeting assembled, by a majority of votes of the members of the Commission, to issue bonds or notes on behalf of the taxing district to an amount not exceeding in the aggregate fifty thousand ($50,000) dollars, registered or with coupons attached or both, bearing interest at a rate not exceeding three percent per annum, payable semi-annually.

(1) Bayley Beach bond improvement issue of 1955; nature of bonds and maturity[29]. Such bonds or notes shall be serial in form and payable in such substantially equal annual installments that the entire amount thereof shall be paid within ten years from the date of issue.

[29] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-159. Sp. Laws 1955, No. 67, § 2.

(2) Bayley Beach bond improvement issue of 1955; proceeds[30]. The proceeds of such bonds or notes shall be used to defray the expense of improvement to Bayley Beach.

[30] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-160. Sp. Laws 1955, No. 67, § 3.

(3) Bayley Beach bond improvement issue of 1955; details[31]. The Commissioners of the taxing district, subject to the limitations of §§ 1-158 to 1-162 of the Prior Charter, shall determine the form of such bonds or notes, the several and aggregate amounts thereof, the time or times and place or places of payment of both principal and interest, the manner of signing, countersigning, selling, exchanging or otherwise disposing thereof and the person or persons who shall execute, negotiate and deliver the same for the district.

[31] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-161. Sp. Laws 1955, No. 67, § 4.

(4) Bayley Beach bond improvement issue of 1955; obligation[32]. The bonds or notes when so executed, issued and delivered, shall be obligatory upon the district, and upon all the inhabitants and property thereof.

[32] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-162. Sp. Laws 1955, No. 67, § 5.

[28] NOTE: 2023 recodification of current Article II, Part 3. Second Taxing District, § 1-158. Sp. Laws 1955, No. 67, § 1.

[1] NOTE: Historical Editor's Note: For taxing districts in general, see Art. II.