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 CODE OF THE CITY OF NORWALK

 Part 3

C H A R T E R

of the

SECOND TAXING DISTRICT

T A B L E   OF  C O N T E N T S

§1-75.              Body politic and corporate; rights in general

§1-76.              Expenses, liabilities, powers, privileges, duties with regard to the supply  and distribution of water and electricity

§1-76A.           Ordinance procedure

§1-77.              Meetings

§1-78.              Board of Commissions; Treasurer; Clerk; Electrical Commissioners;  personnel

§1-78A.           Election of District Commissioners

§1-78B            Treasurer

§1-79.              Authorization of the Board of Commissioners

§1-79A.           Removal of elected officials

§1-79B.           Code of Ethics

§1-79C.           Ethics Commission

§1-79D.           Vacancies

§1-80.              Liability for waterworks construction and maintenance

§1-80A.           Obligation of Commissioners

§1-81.              Budgets and Finance

§1-82.              Taxation

§1-83.              Liens and warrants for water rents

§1-84.              Accounts and reports of the Board of Commissioners

§1-85.              Supplying water to any person or corporation

§1-86.              Unlawful destruction of waterworks property; violations and penalties

§1-87.              Brooks and streams

§1-88.              Providing and selling water

§1-89.              Authorization to erect loft or factory building

§1-90.              Obtaining land for factory building

§1-91.              District meeting for proposed factory building

§1-92.              Sale of Land

§1-93.              Pensions for employees of Board of Electrical Commissioners; repeal of 1937 act

§1-94.              Fund distribution and liquidation

§1-95.              Authorization to issue bonds; water or electric works bond issue of 1917

§1-96.              Water or electric works bond issue of 1917; details

§1-97.              Authorization to issue bonds, street paving bonds of 1923

§1-98.              Street paving bonds of 1923; details

§1-99.              Street paving bonds of 1923; payment provisions

§1-100.            Street paving bonds of 1923; limitation on amount

§1-101.            Authorization to issue bonds; water bond issue of 1923

§1-102.            Water bond issue of 1923; details

§1-103.            Water bond issue of 1923; payment provisions

§1-104.            Authorization to issue bonds; public refunding bonds of 1925

§1-105.            Public refunding bonds of 1925; details

§1-106.            Public refunding bonds of 1925; payment provisions

§1-107.            Public refunding bonds of 1925; limitations

§1-108.            Authorization to issue bonds, water refunding bond issue of 1925

§1-109.            Water refunding bond issue of 1925; details

§1-110.            Water refunding bond issue of 1925; payment provisions

§1-111.            Authorization to issue bonds; water bond issue of 1953

§1-112.            Water bond issue of 1953; details

§1-113.            Water bond issue of 1953; payment provisions

 

§ 1-75.  Body politic and corporate; rights in general.

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

 

§1-76.  Expenses, liabilities, powers, privileges, duties with regard to the supply and distribution of water and electricity.

All the inhabitants and property within the limits of said 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 said taxing District may become liable for under the provisions of this act.

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

§1-76A.  Ordinance Procedure.

Said Second Taxing District may enact, modify, amend or repeal ordinances which it deems necessary to operate said District including such rules, regulation, policies and procedures it deems necessary to define and govern the powers, duties, responsibilities, administration, and operation 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 (15) 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 (10%) 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 said 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 (10%) of the electors have signed a valid petition.  After certification of a valid petition, the district clerk shall forward the petition for ordinance to said 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 said proposed ordinance within thirty (30) days.  Said electors’ meeting shall be noticed and warned in a daily paper of circulation in the city of Norwalk at least ten (10) days before said meeting.

§1-77.  Meetings.

The notice of the time, place, and agenda of all meetings of the electors, residing in said Taxing District, shall be given by said Board of Commissioners by publishing in a newspaper having a circulation in said District at least ten (10) days before said meeting.

 The notice of the time, place, and agenda of all regular and special meetings of commissions, boards or committees, of said District, shall be published in a newspaper having a circulation in said District at least 24 hours before said 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 72 hours following the hold of said emergency meeting.

 The Board of District Commissioners shall file with the clerk of said District, by December thirty one, 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 said Taxing District shall be held on the third Tuesday of November for the purpose of hearing the reports of the Commissioners of said District, and acting on such matters as may properly be brought before said meeting.  Special meetings of the electors of said District may be called in like manner by said Board and shall be called upon written petition of at least ten percent (10%) of the electors of said 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 said 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, said 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 said 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 of special meeting was held within twenty-four hours after the time of adjournment.

 §1-78.  Board of District Commissioners; Treasurer; Clerk; personnel.

 Said District shall elect a seven member Board of District Commissioners, who shall also serve as Water Commissioners and Electrical Commissioners, and a Treasurer of said District, all of whom shall be, at the time of their election and throughout their term, electors of said 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 said District shall determine at each annual meeting.2

(a)               Said Commissioners shall appoint a Clerk, who shall receive reasonable compensation as determined by said Commissioners.  It shall be the duty of said Clerk to keep a record of all transactions and meetings of said District and all of its Commissions, boards and committees and discharge such duties as said commission may prescribe or as prescribed by ordinances of said 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 to the extent such specific statutes are applicable to said 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.

(b)       All meetings of said District shall be electronically recorded and suitable means to electronically record all meetings shall be provided by the clerk.

(c)       Said 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 counsel shall be appointed for a one-year term commencing each July 1.  However, said 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.  Said 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.

(d)       Said 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 said District.

(e)               Said 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 Section 7-12 of the General Statutes, as amended, and shall be generally responsible for the conduct of the affairs of said District.

(f)        Said Board of District Commissioners shall have all the powers and discharge all the duties of the Board of Electrical Commissioners as set forth in Connecticut General Statutes, Chapter 101, Sections 7-213 through and including 7-233hh, and with respect to the Water Department, Chapter 102, Sections 7-234 through and including 7-244a as amended; except where those Sections are inconsistent with this Charter.

(g)       Said Board of District Commissions shall appoint for terms of three years each, two members of the Norwalk Public Library Board, in accordance with Chapter 87 of the Code of the city of Norwalk, Connecticut.  Said members shall, at the time of their appointment, and throughout their term, be electors of the Second Taxing District and be domiciled therein.

(h)       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:

(1)              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 Section 1-78A, 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.

(2)              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.

 §1-78A.  Election of District Commissioners.

(1)               The members of the Board of Electrical Commissioners in office on December 1, 2003 shall be combined with the members of the Board of District Commissioners 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 electors’ meeting for the purpose of electing a seventh Commissioner.  The seventh Commissioner shall be elected by the electors of the District at a duly warned and noticed meeting with due regard for Section 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.

(2)               Method of Election:

(a)               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.

(b)               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.

§1-78B.  Treasurer.

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.

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 examinations.

3.         Periodically, but not less than annually, review records and accounts of the Second Taxing District Electric and Water Departments, including the cash receipts and disbursements of each, and report to the electors at the annual meeting the results of such examination.

4.         Coordinate with the auditors during the auditing process, and review the final audit report, prior to the presentation to the electors at the annual meeting of the Second Taxing District. At said 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 said District deemed appropriate by said treasurer.

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.

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.

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

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.

§1-79.  Authorization of the Board of Commissioners.

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

 §1-79A.  Removal of elected officials.

A.1      Grounds for removal of elected office.

a.         Conviction of a felony;

b.         Conviction of a misdemeanor involving misconduct in office;

c.         A finding of incompetency according to Connecticut General Statutes Section 45-70d;

d.         Removal of domicile from the Second Taxing District of the City of Norwalk.

A.2      Special Committee; creation and action.

a.         Within ten (10) 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. Section 45-70c or removal of 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 said ten-day period, the electors, at a special meeting called for that purpose in accordance with § 1-77, shall elect three (3) persons to be members of said Committee.

b.         Said Special Committee shall consist of the following: 1. 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 2. three (3) 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.

c.         A meeting of said Special Committee shall be held within thirty (30) days following receipt of the formal notice of indictment, arrest or application for a hearing to determine competency or removal of domicile all as set forth in Subsection (a) of this section.  The senior District Commissioner, and, if there be none, the senior Electrical Commissioner, shall preside over the meetings of said Committee.  If there are no elected officials eligible to sit on said Committee, a Chairman 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.

d.         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.

e.         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 to his address in the Second Taxing District or last known address by the said Committee not less than fifteen (15) days before the meeting date.  The notice shall specify, 1. the nature of the grounds for suspension and removal; 2. the legal consequences thereof; 3. 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 his or her own 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 fifteen (15) nor less than seven (7) days before the date of the meeting.

f.          The Special Committee shall consider the allegations involving each elected official so indicated, arrested, subject to competency hearing or accused of removing his domicile, separate and apart from the allegations involving any other elected official. The Special Committee shall decide; 1. whether there is sufficient evidence based on the facts adduced at the hearing to require suspension of said elected official; 2. the length of said suspension if required; and 3. the terms of reinstatement to office. These matters shall be determined by a simple majority vote of the entire Special Committee.

g.         Upon a decision by the Special Committee to suspend an elected official, said elected official shall be forthwith suspended from all duties, authority and compensation relating to his or her office until reinstatement.  Upon reinstatement, all compensation due said elected official that he would have earned had he or she had not been suspended shall become due and payable.  No term of office shall be extended by any action of the Special Committee.

h.         Within ten (10) days of receipt of formal notice of plea of guilty, an entry of a plea of nolo contendere or verdict finding said elected official guilty of a felony or misdemeanor involving misconduct in office or upon a finding by court of competent jurisdiction that said official is incapable of managing his or her affairs or incapable of caring for himself pursuant to C.G.S. Section 45-70d or upon a finding by the Special Committee that said official has removed his or her domicile from the Second Taxing District of the City of Norwalk, the Special Committee shall declare the office of said official vacant and so notify the District Commission.  The District Commission shall, after receiving said notice, fill said vacancy as provided in §1-174 of this Charter unless within a ten-day period after the action of the Special Committee a referendum is requested pursuant to Section A.3 of this Charter.

i.                     Within seven (7) days of a receipt of formal notice of a verdict finding said 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 said official has not removed his or her domicile from the Second Taxing District of the City of Norwalk, the Special Committee shall be reconvened by its Chairman for the purpose of declaring the suspension revoked and the official reinstated to his or her office; said reinstatement to be in accordance with the provisions of Section A.2.

A.3      Elector's right to referendum.

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 or an office vacant pursuant to Section A.2g, 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 Article and signed by not less than a number of electors equal to ten percent (10%) of the total number of persons entitled to vote at the previous election is filed with the District Clerk within thirty (30) 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.         All 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 statements are made by me subject to the penalties for 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 (5) days of their receipt by him and shall certify to the District Commissioners:

1.                  The number of validated signatures necessary to equal the signatures of ten percent (10%) of the electors of the District entitled to vote at the last election

2.                  On each page of said petitions the number of valid signatures.

3.                  The total number of valid signatures.

4.                  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 him 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 (30) 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 signature of ten percent (10%) 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 (30) days nor later than forty-five (45) 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 percent (25%) 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 said 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 said Second Taxing District of the City of Norwalk pursuant thereto shall be binding upon the District Commissioners, the Electrical Commissioners and the Treasurer of said 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 said elected official shall immediately resume his duties and emoluments of office, including compensation for such period of time as has been withheld by reason of his suspension.  In no way shall any suspension extend his original term of office.

j.          1.  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.

2.    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 shall apply, take precedence over any supersede such other provision. (Charter Amendment 11-8-83.)

 §1-79B.  Code of Ethics.

 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.

§1-79C.  Ethics Commission.

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, said 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 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 finds of such hearings and/or investigations to the District Commissioners, the elections 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:

 A.        The commission shall convene only upon:

1.         Written notice from the district clerk of the receipt of a written ethics complaint by an elector of the District.

2.         A request for a meeting containing a statement for the purpose of the meeting, submitted to the district clerk by at least four (4) members of the commission.

3.         Upon the request of the District Commissioners for a specific purpose.

B.         A meeting of the commission shall convene within seven (7) 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.        Said 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.  Said 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 a 2/3 vote of said 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 for the purpose of the investigation, its findings and recommendation.  If the commission shall find probable cause of a violation of the code of ethics, the commission shall:

1.         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.

2.                  In the case of any public official, such as a member of a committee, the written report shall be sent to the appointing authority for the appropriate action.

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

4.         The individual concerned with the investigation shall be given written notice of the findings and the recommendations of the commission.

G.        A quorum of the commission shall consist of not less that 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.

 

§1-79D.  Vacancies.

·        Whenever any elective officer of the Second Taxing District shall die, resign or remove their residence from said District, or by reason of permanent mental or physical disability or infirmity, shall become incapacitated to discharge the duties of said office, or shall be convicted of malfeasance in office or any infamous crime, or is removed from office as provided in §1-79A, or when any vacancy shall occur in any elective office from any cause, the clerk of the District shall give notice of said vacancy and convene a special meeting of the District Commissioners, upon at least ten (10) days notice of such vacancy.

1.         At said special meeting, the District Commissioners shall declare such office vacant, and shall give written notice within seven (7) days of said meeting to the chairman 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 said Town and City Committee residing in the Second Taxing District, shall fill the vacancy with an eligible elector, within sixty (60) 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 said political party, who resides in the District, within sixty (60) 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 (60) 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 said 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.

§1-80.   Liability for waterworks construction and maintenance.

Said 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 said 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 said waterworks, and said 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 (3) disinterested persons under oath, to be appointed by a Judge of the Superior Court on application by either party, upon such notice as said Judge shall prescribe.  Said appraisers shall report their doings and the amount of their assessments to the Superior Court for Fairfield County.  Said Court may set aside such report for any irregular or improper conduct and may appoint another committee, but if said report is accepted, it shall be recorded, and such assessments shall be a final adjustment of said compensation and damages between said parties, and payment thereof or a deposit of the amount thereof with the Treasurer of said county for the use of such owners shall release said District from liability to further claims for compensation or damages.

§1-80A.  Obligation of Commissioners.

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 said 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. (Charter Amendment 11-8-83.)

§1-81.  Budgets and Finance.

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 said Taxing District, to maintain and keep in repair all property both real and personal, which said District may possess, and to perform all such duties as directed by the electors of said District at a regular or special meeting of said District, except said 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 said water department and to pay the current interest on notes, bonds, or certificates of indebtedness incurred in relation to said water department, and to the extinction of principal of said 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 said water department.  If a surplus exists for the current year, funds shall be transferred to the water department reserve fund for future use by said 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 Wednesday in February, which budget shall be approved by a majority of said District Commissioners.  Said 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 said District budget.

E.                  Electric Department: All income from electric service, rates, and charges, shall be applied to defray the current expenses of said electric department and to pay the current interest on notes, bonds, or certificates of indebtedness incurred in relation to said electric department, and to the extinction of principal of said 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 said electric department.  If a surplus exists for the current year, funds shall be transferred to the electric department reserve fund for future use by said electric department or if a deficit exists, funds shall be transferred from the Electric Reserve Fund to provide for current operating for capital expenses.  Transfers to or from the District account, shall be made to or from the Electric 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 shall adopt the budget of the Electric Department, consisting of income from electric service, expenses, capital appropriations and the changes to the 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 said District Commissioners.  Said 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 Electric Department Reserve Fund, for use in the operating or capital budget of the Electric Department, shall be submitted as part of said 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 said District, including the interest and principal due on notes, bonds, or certificates of indebtedness of said district, not related to said water department or electric department, any capital appropriations of the said District, not related to said 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 inspection 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.  Said 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 even 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 90 days a budget is not approved by the electors, the prior year’s budget will 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.  Said 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.

§1-82.  Taxation.

In case the income from water rents is inadequate to meet the current expense of said waterworks and the interest of said 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 said electric light and power plant and the interest of all indebtedness incurred on account of said electric light and power plant, a tax on all property and persons liable to taxation in said 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 said Board of District Commissioners, and said tax shall be collected in the same manner as other city taxes.  Said Board of Estimate and Taxation may lay and collect taxes for the purpose of paying any and all debts of said District and establishing a sinking fund for that purpose. The avails of such taxes shall be paid to the Treasurer of the District for said purposes only.  The Board of Estimate and Taxation shall lay a tax to defray the expenses of the public library of said District to the amount appropriated by said District at any annual or special meeting.

§1-83.  Liens and warrants for water rents.

Any claim of said 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 said 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.

§1-84.  Accounts and reports of the Board of Commissioners.

Said Board of District Commissioners shall keep a record of its proceedings and an accurate account of its receipts and disbursements appertaining to said water department and electric department and a like account of its receipts and disbursements in connection with all other properties of said District, verified by proper vouchers, which accounts shall be open at all reasonable time to inspection by any taxpayer of said District.  Said Board shall annually render to said District a statement of said accounts, and which statement shall be approved by a majority of said District Commissioners and recorded in the records of said District.  Said 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 said District, with an estimate of all sums required for said water department, electric department and other purposes of said 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 said District.

The treasurer of said 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 said District.  Said treasurer shall render annually to said District a statement of said accounts, and which statement shall be sworn to by the treasurer and recorded in the records of said District.

All financial reports, statements, and accounts of said 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 said District at the annual budget meeting.

§1-85.  Supplying water or electricity to any person or corporation.

Said Board of District Commissioners may, with the consent of the electors of said District, supply water from the water department or electricity from the electric department of said District to any person or corporation within or without the geographical limits of said District. 

§1-86.  Unlawful destruction of waterworks property; violations and penalties.

Any person who shall willfully injure the water in any reservoir, aqueduct, hydrant, pipe or pump or District or injure any portion of said works or any material or property used in connection therewith shall be fined not more than five hundred dollars ($500) or imprisoned not more than one (1) year or both.  Said 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 said 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.  Said bylaws shall not become effective until ten (10) days after the date of publication in a newspaper having a circulation in said District.

§1-87.  Brooks and streams.

The Second Taxing District of the City of Norwalk, successor of 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 said brook is locally known, also emptying into said Norwalk River, to and including the headwaters of said stream and brook and the tributaries thereof, all to be used and employed by said 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. 

§1-88.  Providing and selling water.

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 said city and to the Second Taxing District of said city; the area to be supplied by said District, respectively, to be as agreed upon by and between the respective Boards of Commissioners of said District. 

§1-89.  Authorization to erect loft or factory building.

The Second Taxing District of the City of Norwalk is authorized to erect on land now owned by said District, or on land contiguous thereto which shall hereafter be acquired by said District, a suitable loft or factory building or buildings, and to rent or lease the same manufacturers who shall desire to locate and conduct business therein.  Any loft or factory building erected by said District shall be managed and rented or leased on behalf of said District by its District Commissioners. 

§1-90.  Obtaining land for factory building.

For the purpose of erecting such building or buildings said District is authorized to obtain such additional land by gift or purchase 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 said land, or on said land and building or buildings. 

§1-91.  District meeting for proposed factory building.

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 said 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 said District so to do. 

§1-92.  Sale of land.

Said Taxing District is authorized to sell and convey any land owned or which shall hereafter be owned by said District which is not or at any time shall not be required for the purposes of said District, but no such sale or conveyance shall be made unless the District Commissioners have been authorized by regular or special meeting of said District to sell and convey the same. 

§1-93.  Pensions for employees of Board of Electrical Commissioners; repeal of 1937 act.

Number 244 of the Special Acts of 1937 is repealed.  (Sp. Laws 1949, No. 19, § 1.)

 §1-94.  Fund distribution and liquidation.

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 said act out of monies now in the pension fund therein provided for in the same manner and the same amount as provided under said act, and, after making provisions for said persons, to administer and liquidate the balance of any monies remaining in the said fund in a manner fair and equitable to those contributing to. 

§1 -95.  Authorization to issue bonds; water or electric works bond issue of 1917.

 The Second Taxing District of the City of Norwalk is authorized to issue serial bonds to an amount not exceeding four hundred thousand dollars ($400,000) registered or with coupons attached, bearing interest at a rate not greater that four and one quarter per centrum (4 1/4) per annum, payable semiannually, the first installment of such bonds to mature within three (3) 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 (30) 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 said District, including the building and equipping of a new plant. 

§1-96.   Water or electric works bond issue of 1917; details.

 Said 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 said District; and such bonds, when so signed, executed, issued and delivered, shall be obligatory upon said District and upon the inhabitants thereof according to the tenor of the same. 

§1-97.  Authorization to issue bonds, street paving bonds of 1923.

The Second Taxing District of the City of Norwalk is authorized to issue serial bonds to an amount not exceeding seventy-eight thousand dollars ($78,000) registered or with coupons attached, bearing interest at a rate not greater than five per centrum (5%) per annum, payable semiannually, the first installment of such bonds to mature four (4) years from the date of issue, the second installment of such bonds to mature seven (7) years from the date of issue and the third installment of such bonds to mature ten (10) 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 said District for the purpose of paying and retiring certain street paving bonds which matured August 1, 1922.

§1-98.  Street paving bonds of 1923; details.

Said 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 said District; and such bonds, when so signed, executed, issued and delivered, shall be obligatory upon said District and upon the inhabitants thereof according to the tenor and purport of the same.

§1-99.  Street paving bonds of 1923; payment provisions.

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 said second taxing District and, with its increase, shall be used and extended only for the payment of such bonds. 

§1-100.  Street paving bonds of 1923; limitation on amount.

The amount of bond issued under 1-97 to 1-100 with the amount of the outstanding indebtedness of said 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 per centrum (5%) of the grand list of said city. 

§101.  Authorization to issue bonds; water bond issue of 1923.

The Second Taxing District of the City of Norwalk is authorized to issue bonds to an amount not exceeding three hundred thousand dollars ($300,000), registered or with coupons attached, bearing interest at a rate not greater than five per centrum (5%) 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 the 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 said District including a new or additional filtration plant.

§1-102.  Water bond issue of 1923; details.

Said 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 said District, and such bonds, when so signed, executed and delivered, shall be obligatory upon said District and upon the inhabitants thereof according to the tenor and purport of the same.

§1-103.  Water bond issue of 1923; payment provisions.

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 said 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 said Second Taxing District and, with its increase, shall be used and expended only for the payment of such bonds. 

§1-104.  Authorization to issue bonds; public refunding bonds of 1925.

The Second Taxing District of the City of Norwalk is authorized to issue bonds to an amount not exceeding thirty thousand dollars ($30,000) registered or with coupons attached, bearing interest at a rate not greater than five per centrum (5%) 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 said District under its former name of the City of South Norwalk which are to mature July 1, 1925. 

§1-105.  Public refunding bonds of 1925; details.

Said 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 signed, executed, negotiated, sold and delivered on behalf of said District.

§1-106.  Public refunding bonds of 1925; payment provisions.

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 said District, which money shall be deposited at interest in the sinking fund of said Second Taxing District and, with its increase, shall be used and expended only for the partial or complete payment of such bonds at maturity. 

§1-107.  Public Refunding bonds of 1925; limitations.

The amount of bonds issued under the provisions of this act, with the amount of the outstanding indebtedness of said District ad said 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 per centrum (5%) of the grand list of said city.

§1-108.  Authorization to issue bonds; water refunding bond issue of 1925.

The Second Taxing District of the City of Norwalk is authorized to issue bonds to an amount not exceeding ninety thousand dollars ($90,000), registered or with coupons attached, bearing interest at a rate not greater than five per centrum (5%) per annum, payable semi-annually, which bonds shall be sold at not 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 water bonds issued by said District under its former name of the City of South Norwalk which are to mature July 1, 1925.

§1-109.  Water refunding bond issue of 1925, details.

Said 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 said District. 

§ 1-110.  Water refunding bond issue of 1925; payment provisions.

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 said District, which money shall be deposited at interest in the sinking fund of said Second Taxing District and, with its increase, shall be used and expended only for the partial or complete payment of such bonds at maturity. 

§1-111.  Authorization to issue bonds; water bond issue of 1953.

The Second Taxing District of the City of Norwalk is hereby authorized to issue bonds to an amount not exceeding five hundred thousand dollars ($500,000), registered or with coupons attached, bearing interest at a rate not greater than five percent (5%) 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 (2) years after their date, that the whole amount thereof shall be paid within a time not exceeding twenty (20) 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 said District, including a new or additional filtration plant. 

§1-112.  Water bond issue of 1953; details.

Said 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 said District; and such bonds, when so signed, executed, issued and delivered, shall be obligatory upon said District and upon the inhabitants thereof according to the tenor of the same. 

§1-113.  Water bond issue of 1953; payment provisions.

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 said District, annually make an appropriation and levy taxes to pay the interest on said bonds, and shall also annually appropriate and levy taxes to raise such sum or sums of money for the purpose of paying such bonds at maturity and said money shall be deposited at interest in the sinking fund of said Second Taxing District and, with its increase, shall be used and expended only for and in the payment of such bonds.

 

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Second Taxing District

 of the City of Norwalk, Connecticut

164 Water Street

P.O. Box 468

South Norwalk, CT 06856-0468

Telephone 866-4446

Email to: nstd@snew.org