[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:
The value of property shown on the grand list of the Town
of Manchester effective October of the prior year, excluding any exemptions.
The executive body of the District elected by a majority
vote of the members of said District.
A tenant occupying and in possession of premises located
in the property in the District and conducting a business in said
premises.
Any member of the Board of Commissioners with the exception
of an ex officio member.
Denotes a nonvoting member of the Board of Commissioners.
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.
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.
Either a property owner, as defined herein, or a business
lessee as defined herein. Residential tenants shall not be members
of the District.
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.
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?"
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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.
