[Adopted as Secs. 15-21 to 15-31 of the 1996 Code]
[Amended 1-15-2008]
As used in this article, the following terms shall have the meanings indicated:
ASSESSED VALUE OF PROPERTY FOR EACH FISCAL YEAR
The value of property shown on the grand list of the Town of Manchester effective October of the prior year, excluding any exemptions.
BOARD OF COMMISSIONERS
The executive body of the District elected by a majority vote of the members of said District.
BUSINESS LESSEE
A tenant occupying and in possession of premises located in the property in the District and conducting a business in said premises.
COMMISSIONER
Any member of the Board of Commissioners with the exception of an ex officio member.
DISTRICT
The Municipal Services District established according to Chapter 105a of the Connecticut General Statutes, whose boundaries are delineated in § 285-17 of this article, including amendments made to the District under the provisions of § 285-18.
EX OFFICIO
Denotes a nonvoting member of the Board of Commissioners.
FISCAL YEAR
From July 1 through June 30, unless the fiscal year is changed by the majority vote of the Board of Commissioners and approved by a majority vote of the property owners of said District.
HOLDER OF RECORD OF THE TAXABLE INTEREST IN REAL PROPERTY
An individual, corporation, partnership, unincorporated association, fiduciary, guardian, conservator, or other legal entity or any combination thereof as identified in the Town of Manchester land records.
MEMBER
Either a property owner, as defined herein, or a business lessee as defined herein. Residential tenants shall not be members of the District.
PROPERTY
Real property within the District that is identified in the tax records of the Town of Manchester as a parcel of land and/or building or which constitutes an individual condominium unit as shown on the records of the Assessor's office of the Town of Manchester.
PROPERTY OWNER
The holder of record of the taxable interest in property as defined in the definition of "property" above.
A. 
The Downtown Manchester Special Services District is created under Chapter 105a of the Connecticut General Statutes to promote the economic and general welfare of the citizens of Manchester and especially the property owners and tenants of the downtown district as defined by this article through the preservation.
B. 
Activities of the district to pursue this purpose shall include but not be limited to the preparation of economic or physical studies and plans, marketing and promotion, special events, business recruiting, parking and cooperative leasing and property management.
The district is a body politic and corporate subject to the statutes and regulations that govern such legal body, more specifically defined in Chapter 105a of the Connecticut General Statutes.
A. 
The district shall have the following powers:
(1) 
To sue and be sued;
(2) 
To acquire, hold and convey any estate, real or personal;
(3) 
To enter into contracts;
(4) 
To borrow money, provided any obligation incurred for this purpose shall be discharged not more than one year after it is incurred, and such district may pledge any tax levies received against such obligations;
(5) 
To recommend to the Board of Directors of the Town of Manchester the imposition of a special tax levy upon a taxable interest in real property within such district, the revenues from which may be used in carrying out any of the powers of the district;
(6) 
To construct, own, operate and maintain public improvements;
(7) 
To provide, within such district, some or all of the services which the Town of Manchester is authorized to provide in the district in accordance with Chapter 105a, § 7-339t and other Connecticut General Statutes and provided that there be a formal agreement for providing such services between the district and the Town of Manchester Board of Directors;
(8) 
To retain legal counsel;
(9) 
To receive and use gifts and donations for the activities necessary to meet the purpose of the district or to carry out the powers of the district;
(10) 
To operate revenue producing and promotional events and to use the revenues for district purposes otherwise permitted under this article;
(11) 
To carry out any functions or provide any services reasonable and necessary to carry out the aforementioned powers or to otherwise meet the purpose of the district;
(12) 
To construct, acquire, or obtain leasehold interests in motor vehicle parking facilities inside or outside the district;
(13) 
To operate motor vehicle parking facilities inside or outside the district;
(14) 
To lease or sublease to other parties motor vehicle parking facilities;
(15) 
To enter into, fund and perform agreements which reduce the cost of motor vehicle parking to residents of the district and to employees of firms located in the district and to those doing business in the district.
B. 
The district shall not have the power of eminent domain.
A. 
Description.
(1) 
The geographic boundaries of the district shall be those as shown on Exhibit A map entitled, "Downtown Manchester Special Services District," which boundary includes the properties listed in Exhibit B.
(2) 
All real property within these boundaries shall be included in the district. For the purpose of establishing the district, the owners of tax-exempt property within the district will not be eligible to vote nor will they be subject to any tax levies unless the tax-exempt status changes. If the tax-exempt status changes, the property shall be subject to the district tax levy in accordance with § 285-22 of this article, and such levies shall be prorated to cover the period from the change in the tax status to the end of the fiscal year during which the tax status changes.
B. 
Procedures for additions to the district.
(1) 
Any property owner whose property has at least one boundary abutting the Special Services District may elect to join the district.
(2) 
Such owner shall notify the Board of Commissioners in writing of their intention to join the district. This request must be signed by the property owner having greater than 50% interest in said property, or the representative of the owner authorized to sign such a request.
(3) 
The Board of Commissioners shall notify the Tax Assessor and the General Manager of the Town of Manchester of additions to the district and record a copy of the written notification in the land records of the Town. The tax levy imposed on a property that joins the district after its inception must be prorated to cover the period from the first meeting of the Board of Commissioners after the notification is received to the end of the fiscal year.
A. 
Within 60 days of the adoption of this article by the Town of Manchester Board of Directors, a referendum must be completed. The referendum question shall be as follows:
"Shall a Special Services District for Downtown Manchester be created in accordance with the ordinance adopted by the Town of Manchester Board of Directors?"
B. 
The referendum question shall appear on a ballot created by the Town of Manchester's General Manager in cooperation with the Planning Department, Town Clerk and Town Attorney. Each ballot shall be accompanied by a copy of the ordinance and a letter explaining how the ballot is to be cast. Only property owners inside the district are eligible to vote in the referendum. Each ballot shall be signed by the property owner or the duly authorized representative of said owner. Representative voting interests shall be determined in accordance with Subsection E of this section.
C. 
In addition to the referendum question the ballot shall contain an identification of the property or properties owned by the property owner which are in the special services district and the assessed value of the real property of those premises as they appear in the Town of Manchester grand list as of the October preceding preparation of the ballot. The Town administration shall prepare, prior to the mailing of said ballots, a list of the property owners within the district, and the assessed value of the properties and shall post the list in the Manchester Town Clerk's office.
D. 
The ballot shall be mailed to the address used by the Tax Collector of the Town of Manchester for tax collection purposes. The ballots must be returned to the Town Clerk by not later than 5:00 p.m. on the 20th working day after the initial mailing.
E. 
Each property owner shall be entitled to cast one ballot 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. When property owners own multiple properties in the district, an owner voting in favor shall have included the value of all properties which he/she owns in the district. Where there are multiple owners of a property, the property shall be entitled to one vote.
F. 
Referendum oversight and tabulation of results.
(1) 
Referendum ballots shall be overseen by three supervisors appointed by the Town Board of Directors. The supervisors shall count the ballots, determine the results of the referendum, and rule on any contested ballots. Each supervisor shall be an elector of the Town of Manchester or a property owner within the meaning of this article.
(2) 
Each ballot will be counted as a single vote for or against the special services district. An abstention will be considered a vote against the district.
(3) 
In order for the proposed district to be created, a majority (greater than 50%) of the property owners must vote in favor and those who vote in favor must control the majority (greater than 50%) of the assessed value of real property in the district.
(4) 
The supervisors shall provide a written report of the results of the referendum under oath at the next meeting of the Board of Directors.
G. 
Appeals.
(1) 
Ballots cast by a property owner shall be available for inspection at the office of the Town Clerk for five business days after the close of the referendum. Any holder of record of a taxable interest in the property may contest in writing the determination of the results of any ballot or the conduct of the election to the supervisors of the referendum. All appeals must be submitted within five business days of the close of the referendum period, must be submitted in writing to the supervisors, and must state the basis for the appeal.
(2) 
The supervisors shall evaluate the validity of the ballot as representing the position of a majority interest in said property. The supervisors will review contested ballot(s) and evidence submitted by the appellant in making their determination. Supervisors may invalidate the ballot if sufficient evidence of improper vote is presented by the appellant and allow the ballot to be resubmitted within five days in a manner consistent with their ruling. Any property owner who wishes to seek redress from any ruling of the supervisors may do so by bringing an action in superior court.
[Amended 1-15-2008]
A. 
Commencement of District operations. Within 20 days of the referendum creating the District, the General Manager shall call a general meeting of the members to elect the Board of Commissioners in accordance with Subsection B(3) of this section. The Board of Commissioners shall meet within 20 business days of the general meeting to establish a schedule of subsequent meetings and a schedule for adopting bylaws and rules of procedure for the Commission.
B. 
Board of Commissioners.
(1) 
There shall be established a Board of Commissioners consisting of seven members. A Commissioner must be a property owner in the Downtown Special Services District, except that two members shall be business lessees. There shall be one alternate Commissioner elected to substitute for Commissioners absent from any business meeting. There shall be three ex officio members on the Board of Commissioners as follows: the Town's Director of Planning and Economic Development or designee, the president of the Greater Manchester Chamber of Commerce or designee, and one representative from a church located in the District.
(2) 
The Board of Commissioners shall be the executive body governing the day-to-day operations of the District. The Board shall make administrative decisions and establish or interpret policies of the District which are consistent with the purpose, intent and powers of the District.
(3) 
The Board of Commissioners shall be elected by a plurality vote of the members voting in the biennial election meeting provided for in Subsection C(3) of this section.
(a) 
Nominations. Not less than 60 days before the biennial election meeting, the Board of Commissioners shall submit to the members, in writing, a proposed slate of nominees. Additional nominations may be submitted to the Chairman of the Board of Commissioners not less than 45 days before the biennial election meeting, by a writing signed by not less than 20 members of the District. Such additional nominations must be signed by at least 20 separate individuals, regardless of the number of ballots to which such member may be entitled by virtue of owning or operating more than one business.
(b) 
Balloting. Not less than 30 days before the biennial election meeting, the Board of Commissioners shall cause ballots to be sent to each member, listing the names of all nominees. Each member shall be entitled to one ballot for each taxable interest in real property that the member owns, and one ballot for each business operated by the member as a business lessee. On each ballot the member may vote for not more than five property owners and two business lessees, but may cast only one vote for any one nominee on each ballot. The ballot may be cast at the biennial election meeting, or may be cast in advance by delivering it to the District Office not less than 24 hours before the meeting.
(c) 
Election. The five nominated property owners who receive the highest vote count shall be elected Commissioners, the two nominated business lessees who receive the highest vote count shall be elected Commissioners, and the remaining nominee with the highest vote count, whether property owner or business lessee, shall be elected Alternate; provided that, in order to insure broad representation of the District, no more than one nominee shall be elected from a property address.
(4) 
The Board of Commissioners shall elect offices, the positions to be determined at the first meeting of the Board after the District is created and incorporated into the bylaws when written.
(5) 
The Board of Commissioners may hire such staff or consultants considered necessary to perform the duties and carry out the obligations of the District as approved in the annual budget.
(6) 
The terms of the seven Commissioners and one alternate shall be for two years.
(7) 
If any Commissioner shall fail for any reason to serve through the end of the term, the remaining Commissioners shall appoint a property owner to fill the remainder of the term vacated by a property owner, or a business lessee to fill the remainder of the term vacated by a business lessee.
C. 
Meetings of the Board of Commissioners and general meetings of property owners.
(1) 
The Board of Commissioners shall establish a regular schedule of meetings and notify all members in the District of their regular meeting schedule, including dates, times, and place for said meetings.
(2) 
The Board of Commissioners may call special meetings from time to time as necessary to conduct the business of the District. The Board of Commissioners shall notify members of the special meeting setting forth the date, time, place and subject matter of the meeting.
(3) 
There shall be at least one annual budget meeting of the District members to review the activities of the District and to review and make comments on the proposed budget for the District, and a biennial election meeting to conduct district elections when appropriate
A. 
The Board of Commissioners shall prepare and adopt the first annual budget from the district by January 31, 1993, and annually thereafter. The budget shall include proposed expenditures, revenues and a recommended tax levy for the district.
B. 
The Board of Commissioners shall recommend to the General Manager of the Town of Manchester on or before February 15 of each year a levy upon taxable interest on real property within the district to support the district's annual budget. The Town of Manchester shall be obliged to impose the recommended levy as a municipal levy, to collect the revenues, and to deposit the revenues into a special fund to be used by the district.
C. 
The levy on the taxable interest in real property in the district shall be due and payable in two pans, on July 1 and January 1, following the adoption of the levy for the fiscal year. On or before July 1 and January 1 each year, the Tax Collector of the Town of Manchester shall, accordingly, bill holders of taxable interest in real property in the district.
D. 
Delinquent charges shall be assessed on late district payments and shall be computed in the same manner used for establishing delinquent charges on regular property tax bills of the Town.
E. 
The Tax Collector of the Town of Manchester shall collect the district tax and deposit the monies received in a special account within the general fund of the Town of Manchester.
F. 
The Town Treasurer shall disburse funds from the account to the district upon written request of a duly authorized representative of the district, and only upon such request in accordance with the then-current approved annual budget of the Board of Commissioners of the district. The district shall set forth in its bylaws the procedures for approving disbursement of funds and requesting disbursement from the Treasurer.
G. 
All orders or contracts for expenditures by the Board of Commissioners or its agents on behalf of the district which are greater than $5,000 shall be awarded to the lowest responsible qualified bidder only after a public invitation to bid, which shall be advertised in a newspaper having circulation in the district.
The Town and the district may enter into agreements setting forth the municipal services which the Town shall be excused from providing and which the district shall providing within its boundaries. Any such agreements shall be in accordance with § 7-339t(d) of Chapter 105a of the Connecticut General Statutes. Any such agreement must be approved by the Town Board of Directors and the District Board of Commissioners.
A. 
The district may be dissolved by an ordinance repealing this article or after a referendum is conducted by the Board of Commissioners among all property owners within the district on the question of whether the district shall be dissolved, provided a majority of property owners shall respond affirmatively or those so responding control more than one-half the total assessments for all taxable interest in real property. The referendum shall be conducted in the same manner as the referendum establishing the district as provided herein.
B. 
In the event the district is dissolved, the Board of Commissioners shall proceed to conclude the affairs of the district at the end of the then-current fiscal year. If, after dissolution of the district there are outstanding liabilities or obligations, whether fixed or contingent, the Board of Directors of the Town of Manchester may impose, in addition to the regular municipal levy, a levy on the real property within such district pursuant to § 7-339s of Chapter 105a of the Connecticut General Statutes for as many years as such liabilities remain outstanding. This levy shall be calculated to produce enough revenues to satisfy and release such liabilities. The revenue collected shall be deposited into the general fund of the Town and disbursed at the direction of the General Manager solely for the purposes stated herein. If, after dissolution of the district, there are assets which remain following the conclusion of the affairs of the district, the assets will be transferred to the Town.
A. 
The special services district, if created, shall assume to the extent permitted by law the responsibilities and obligations currently being carried on by the Parking Authority in the special taxing district, and these obligations shall be included in the first budget of the special services district.
B. 
Upon adoption of the district's first budget by the Commissioners, the Town Board of Directors shall by ordinance dissolve the special taxing district and its associated tax levy.
C. 
The Commissioners shall, upon adoption of the district's first budget, appoint a Parking Committee whose duties shall be to advise the Commissioners on parking operations, management and policy, and assist in the preparation of the parking portion of the district's budget.
D. 
The initially appointed members of the Parking Committee shall be the members of the Parking Authority in office at the time the district is established. These members shall be appointed for a term commencing on the effective date of their appointment until December 31, 1994, at which time the Commissioners will appoint new members of the Parking Committee. The District Commissioners may redefine the role and responsibilities of the Parking Committee or otherwise adjust the Parking Committee's membership, or dissolve the Parking Committee, as deemed appropriate, but such action shall not take place and shall not be effective before December of 1994.
A. 
The district's interest in real property held in the district, and personal property owned by the district, are subject to property taxes of the Town of Manchester and Manchester fire district, but any such tax may be abated prospectively by the Board of Directors.
B. 
A copy of Exhibit A (Map) and Exhibit B (Property List) may be seen in the Planning Department Lincoln Center.