The following words, terms and phrases, as used
in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
APPROVED
With respect to building area within a land use category
or subcategory thereof, any area for which all legal preconditions
to the application for a building permit have been satisfied.
ASSESSED VALUE
For each fiscal year shall be the assessed value of the applicable
real estate shown on the grand list of the Town of West Hartford effective
on October 1 of the prior year.
BLUE BACK SQUARE PUBLIC IMPROVEMENTS BOND ORDINANCE
The ordinance, entitled "An Ordinance Making Appropriations
Aggregating $48,821,543 for Town Projects and Public Improvements
Related to the Blue Back Square Project and Authorizing the Issuance
of $48,821,543 Bonds of the Town to Meet Said Appropriations and Pending
the Issuance Thereof the Making of Temporary Borrowings for Such Purposes
and Declaring the Town's Official Intent to Reimburse Expenditures
from Such Borrowings," adopted by the Town Council of West Hartford
on _______, 2004
COMMERCIAL LAND USE
Refers to any property other than a municipal land use or
a residential land use. Solely for purposes of implementing the levy
established pursuant to this article, commercial land uses shall be
divided into two subcategories: office land use and retail land use.
COMMON AREA
Any area within a building which is available to more than
one owner, tenant, occupant or patron of said building for their common
use, including but not limited to hallways, lobbies, storage areas
and loading docks.
DISTRICT
The West Hartford Center Special Services District described in §
161-22 of this article.
LAND USE CATEGORY
As the context indicates, one or more of the categories of
land use constituting commercial land use, municipal land use or residential
land use or to any specified subcategory thereof.
MEMBER
A property owner, as defined herein.
MUNICIPAL LAND USE
Refers to any property owned by the district or that portion
of any property which is categorized by the Director of Assessments,
for property tax purposes, as municipal property exempt from taxation
pursuant to C.G.S. § 12-81(4), as that section may be amended
or recodified from time to time.
OFFICE LAND USE
A subcategory of commercial land use and shall refer to any
property which is categorized by the Director of Assessments, for
property tax purposes, as any type or category of office use. For
purposes of this article, a physical therapy, exercise and/or rehabilitation
facility associated or affiliated with medical offices or with a hospital
shall be classified as an office land use.
ORIGINAL PROPERTY OWNER
Refers to a property owner entitled to participate in the referendum to be held pursuant to West Hartford Code of Ordinances §
161-25A through
H.
PROPERTY
Real property within the district which is identified in
the tax records of the Town of West Hartford as a parcel of land and/or
building, or which constitutes an individual condominium unit, planned
community unit or separately taxable common element as shown on the
records of the Town's Director of Assessments.
PROPERTY OWNER
The individual, corporation, partnership, limited-liability
company, unincorporated association, trustee, fiduciary, guardian,
conservator, or other legal entity or any combination thereof in whose
name(s) the title to a taxable interest in real estate stands on the
land records of the Town.
PUBLIC IMPROVEMENTS
Refers to those areas and objects within the boundaries of
the district which are owned, administered, managed or operated by
the district and which are available to the public for recreational
or other public purposes or located within street rights-of-way, including
but not limited to public parking facilities, parks, playgrounds,
squares, plazas, decorative improvements, retaining walls, flagpoles,
fences, fountains, sidewalks, streetlights, sprinklers, trees, gardens,
landscaping, street amenities, benches and similar features.
REAL ESTATE
Refers to that property constituting real estate for purposes of the compilation of the grand list of the Town as set out in C.G.S. § 12-64, and located within the boundaries of the district as established pursuant to §
161-22 of this article, as those boundaries may be amended from time to time in accord with the procedures set forth in §
161-26 of this article or, following the dissolution of the district, as located within the boundaries of the district at its dissolution.
RESIDENTIAL LAND USE
Refers to that portion of any property which is categorized
by the Director of Assessments, for property tax purposes, as any
category of residential use.
RETAIL LAND USE
A subcategory of commercial land use and shall refer to any
property which is categorized by the Director of Assessments, for
property tax purposes, as any taxable classification other than residential,
office or municipal.
TAXABLE INTEREST IN REAL ESTATE
Refers to an interest in real estate which is not exempt
from property taxes levied by the Town pursuant to the provisions
of the Connecticut General Statutes; is not being constructed or reconstructed
pursuant to a contract with the Town obligating the Town to acquire
such real estate; and which is newly-constructed, reconstructed or
under construction following the effective date hereof. For purposes
of the levy to be implemented pursuant to this article, all areas
within a building and which constitute a subcategory of the commercial
land use category or which constitute a residential land use shall
be deemed taxable interests in real estate within such respective
land use category or land use subcategory upon the issuance of a certificate
of occupancy or temporary certificate of occupancy by the Building
Official of the Town of West Hartford for any area of the building
approved for use within that same land use category or land use category
subcategory. Thereafter all such areas shall remain taxable interests
in real estate regardless of occupancy.
The provisions of this article shall take effect
upon the 10th day following the approval of the establishment of the
district at a referendum held in accord with the provisions of this
section.
A. The referendum shall be held among all holders of
record of taxable interests in real property in the district on the
question of whether this article shall take effect. The Town Clerk
shall determine the identity of such holders in the West Hartford
land records and shall give notice of the referendum to such holders.
B. The referendum question shall appear on a ballot created
by the Town Clerk. Each ballot shall be accompanied by a copy of the
ordinance from which this article is derived and a letter explaining
how the ballot is to be cast and identifying the date and time by
which the completed ballot must be received by the Town Clerk. Each
ballot shall be signed by the property owner or the duly authorized
representative of said owner. The signature of any person signing
a ballot in his/her capacity as the duly authorized representative
of any owner shall also attest to his/her authority to sign said ballot
under penalties of false statement.
C. In addition to the referendum question, the ballot shall contain an identification of each property owned by the property owner within the district, the assessed value of said property as shown in the Town's Grand List as of the first day of October last preceding preparation of the ballot and the allocation of such assessed value to each of the land use categories established in §
161-22C. The Town Clerk shall prepare and shall post in the Town Clerk's office, prior to the mailing of said ballots, a list of the property owners within the district, the assessed value of each property located within the district and the allocation of such assessed value to each of the land use categories established in §
161-22C.
D. The ballot shall be mailed by certified mail to the
address used by the Town's Director of Assessments for tax purposes
not later than 35 days following adoption of this article. The ballots
must be returned to the Town Clerk not later than 4:30 p.m. on the
21st day after the initial mailing.
E. Each property owner shall be entitled to cast one
ballot for each property which they own within the district, which
will be so counted in determining whether the necessary majority of
property owners have voted in favor of the creation of the proposed
district. For the purposes of this section:
(1) Any tenant in common of any freehold interest in property
shall have a vote equal to his/her fractional ownership interest therein.
(2) All joint tenants of any freehold interest in property
shall have a vote representing an equal fractional ownership interest
therein.
(3) A corporation shall have its vote cast by the chief
executive officer of such corporation or his/her designee.
(4) A limited partnership, limited liability company or
other similar legal entity which is authorized at law to take legal
action in its own name shall have its vote cast by an authorized agent
thereof, whose authority to vote shall be noted on the ballot executed
on behalf of the entity in question.
(5) No property owner shall have more than one vote for
each property owned.
(6) Any property owner may authorize an agent to vote
on his/her behalf, by executing an affidavit evidencing such authorization.
A copy of any such affidavit shall be appended to the ballot which
is executed by the authorized agent and delivered to the Town Clerk.
F. The Town Clerk shall supervise the referendum and shall certify the results of the referendum. The referendum shall comply, to the extent applicable and practicable, with Chapter
145 (Absentee Voting) and Chapter 152 (Referenda) of the Connecticut General Statutes, except as Chapter 105A of the Connecticut General Statutes and the terms of this article may otherwise permit or direct.
G. The referendum shall be approved if a majority of
the property owners within each of the commercial and residential
land use categories shall respond affirmatively and further provided
that property owners in each such land use category the assessments
of which shall constitute more than one-half of the total of assessments
for all taxable interests within each such land use category shall
respond affirmatively.
H. No ordinance amending or repealing the provisions of this article shall be effective unless approved by the property owners within each of the commercial and residential land use categories by referendum conducted, and the outcome determined, in the same manner as the referendum establishing the district described in this §
161-25.
The Town may enter into a contract with the district pursuant to C.G.S. § 7-339t in which the Town is excused from providing to the district some or all of the services which the district is authorized to provide pursuant to this article and in which the district agrees to provide all such services from which the Town has been excused. The Town and the district may also enter into contracts pursuant to C.G.S. § 7-339t in which the district is given the right to elect to purchase from the Town some or all of the services for which the district has become responsible. Any contracts executed pursuant to this section shall not be subject to the requirements of §
161-28I.
All interests in real property held and all
personal property owned by the district shall not be subject to any
property tax levied by the Town.