Sec. 7-101a. Protection of municipal officers and municipal employees from
damage suits. Reimbursement of defense expenses. Liability insurance. Time limit
for filing notice and commencement of action. (a) Each municipality shall protect
and save harmless any municipal officer, whether elected or appointed, of any board,
committee, council, agency or commission, including any member of a local emergency
planning committee appointed from such municipality pursuant to section 22a-601, or
any municipal employee, of such municipality from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by
reason of alleged negligence, or for alleged infringement of any person's civil rights,
on the part of such officer or such employee while acting in the discharge of his duties.
(b) In addition to the protection provided under subsection (a) of this section, each
municipality shall protect and save harmless any such municipal officer or municipal
employee from financial loss and expense, including legal fees and costs, if any, arising
out of any claim, demand or suit instituted against such officer or employee by reason
of alleged malicious, wanton or wilful act or ultra vires act, on the part of such officer
or employee while acting in the discharge of his duties. In the event such officer or
employee has a judgment entered against him for a malicious, wanton or wilful act in
a court of law, such municipality shall be reimbursed by such officer or employee for
expenses it incurred in providing such defense and shall not be held liable to such officer
and employee for any financial loss or expense resulting from such act.
(c) Each such municipality may insure against the liability imposed by this section
in any insurance company organized in this state or in any insurance company of another
state authorized to write such insurance in this state or may elect to act as self-insurer
of such liability.
(d) No action shall be maintained under this section against such municipality or
employee unless such action is commenced within two years after the cause of action
therefor arose nor unless written notice of the intention to commence such action and
of the time when and the place where the damages were incurred or sustained has been
filed with the clerk of such municipality within six months after such cause of action
has accrued.
(e) For the purposes of this section "municipality" means any town, city, borough,
consolidated town and city, consolidated town and borough, district, district department
of health, or authority established by the general statutes, a special act or local law,
ordinance or charter or any public agency.
(1971, P.A. 726; P.A. 75-408, S. 1; P.A. 77-399; P.A. 80-403, S. 9, 10; P.A. 89-212, S. 11; 89-378.)
History: P.A. 75-408 included both elected and appointed members and included members of councils as well as of
board, committees and commissions in indemnification and added claims arising from infringement of civil rights; P.A.
77-399 substituted "municipal officer" for "member" and included officers of agencies and full-time municipal employees,
inserted new provisions re protection against alleged malicious, wanton, wilful etc. acts as Subsec. (b), making previous
provisions Subsecs. (a) and (c); P.A. 80-403 added Subsec. (d) re limits on notice and commencement of action; P.A. 89-
212 amended Subsec. (a) to include members of local emergency planning committees in indemnification; P.A. 89-378
substituted "municipality" for "town, city, borough, consolidated town and city and consolidated town and borough",
added Subsec. (e) defining municipality, extended the protection to part-time employees, and provided for reimbursement
to a municipality if a judgment is entered against an officer or employee for a malicious, wanton or wilful act.
See Sec. 52-557n re liability of an employee, officer or agent of a political subdivision of the state.
Statute to be given prospective application only. 190 C. 77—81. Cited. 197 C. 9, 11—14. Statute does not apply to
suits brought by municipalities against their own officers. 200 C. 367—371, 373—375. Cited. 214 C. 632, 641. Cited. 221
C. 149, 151, 156, 158, 159, 161, 162, 164. Cited. 223 C. 731, 742, 744. Cited. 229 C. 716, 718. Cited. 237 C. 501.
Cited. 1 CA 709, 713. Cited. 4 CA 216, 217. Cited. 28 CA 277, 278. Cited. 38 CA 546, 548.
Cited. 41 CS 548, 552—555.
Subsec. (a):
Cited. 197 C. 9, 11, 14. Cited. 200 C. 367, 369, 371, 372, 374. Cited. 221 C. 149, 156—159.
Cited. 41 CS 548, 554—556.
Subsec. (b):
Cited. 221 C. 149, 157—159.
Cited. 41 CS 548, 554—556.
Subsec. (c):
Cited. 200 C. 367, 372.
Subsec. (d):
Cited. 197 C. 9—11, 13, 14. Cited. 200 C. 367, 372. Cited. 223 C. 731, 742, 743.
Cited. 39 CS 102, 103, 106. Cited. 41 CS 420, 424. Cited. 44 CS 477.
One or more signposts may be erected and maintained in
each town, at such place or places as the selectmen shall designate.
(1949 Rev., S. 626; 1957, P.A. 13, S. 10; P.A. 82-327, S. 4.)
History: P.A. 82-327 made signpost requirement permissive rather than mandatory and deleted provisions re erection
of additional signposts and changes in signposts' locations.
Unless otherwise provided by law,
any elected or appointed town, city or borough officer, except the town, city or borough
clerk, desiring to resign from his office shall submit his resignation in writing to the
town, city or borough clerk, as the case may be; and any such clerk desiring to resign
from his office shall submit his resignation in writing to the board of selectmen, the
chief executive officer of the city or the chief executive officer of the borough, as the
case may be. Any such resignation shall become effective upon the date specified therein
or, if no date is so specified, upon the date of its submission.
(1955, S. 255d.)
Legality of councilman's resignation from office upon appointment to city post could not be contested by plaintiff's
action for declaratory judgment as plaintiff was not shown to be injured by resignation. 157 C. 370.
Section 7-
104 is repealed, effective October 1, 2002.
(1949 Rev., S. 526; 1953, S. 257d; P.A. 02-89, S. 90.)
Each person elected or appointed an assessor or a member of the board of assessment
appeals or a collector of town taxes in any town shall be sworn before entering upon
the duties of the office to which he has been elected or appointed.
(1949 Rev., S. 525; 1953, S. 253d; P.A. 95-283, S. 23, 68.)
History: P.A. 95-283 replaced board of tax review with board of assessment appeals, effective July 6, 1995.
Cited. 128 C. 650.
The office of grand juror is abolished. This section shall supersede any provision of any special act to the contrary.
(1961, P.A. 15, S. 1; 517, S. 134.)
Section 7-106 is repealed.
(1949 Rev., S. 524; 1953, S. 254d; 1961, P.A. 15, S. 2.)
Except as otherwise provided
by law, if any vacancy occurs on any town board or commission, and such board or
commission has power by law to fill such vacancy but fails to do so within thirty days
after it occurs, the board of selectmen or chief executive authority of such town may
appoint a qualified person to fill such vacancy until the next municipal election.
(1953, S. 258d.)
See Sec. 9-167a re minority representation on boards and commissions.
Cited. 149 C. 78.
Cited. 19 CS 318. Cited. 41 CS 267, 270.
Each city and
borough shall be liable for all injuries to person or property, including injuries causing
death, when such injuries are caused by an act of violence of any person or persons
while a member of, or acting in concert with, any mob, riotous assembly or assembly
of persons engaged in disturbing the public peace, if such city or borough, or the police
or other proper authorities thereof, have not exercised reasonable care or diligence in
the prevention or suppression of such mob, riotous assembly or assembly engaged in
disturbing the public peace. Any person claiming damages under this section from any
city or borough shall give written notice to the clerk of the city or borough of such claim
and of the injury upon which such claim is based, containing a general description of
such injury and of the time, place and cause of its occurrence, within thirty days after
the occurrence of such injury; and an administrator or executor seeking to recover damages for the death of a decedent whom such administrator or executor represents shall
give such written notice within thirty days after his or her appointment; provided such
notice shall be given not later than four months after the date of the injury so causing
the death of the decedent whom such administrator or executor represents. The expense
for which such city or borough is made liable to the state under the provisions of this
section shall, if more than one municipal corporation is jointly responsible for the expense aforesaid, be assessed by the Secretary of the Office of Policy and Management,
the Attorney General and the Comptroller, acting as a board of assessors. Such board
of assessors may apportion such expense among the different municipal corporations
so jointly responsible in such manner as to it seems just. An appeal from the action of
such board of assessors may be taken to the superior court for the judicial district in
which the appellant city or borough is situated, and, if the cities or boroughs concerned
are located in different judicial districts, then such appeal may be taken to the superior
court for that judicial district in which the city or borough concerned having the largest
population according to the last-preceding census is located. The amount of such assessment against any city or borough for which it is liable to the state under the provisions
of this section shall be certified to the clerk of such city or borough by the Comptroller
as soon as such assessment is made, and the appeal from such assessment provided
herein shall be taken by such city or borough within thirty days from the receipt by it
of such certificate of assessment by the Comptroller.
(1949 Rev., S. 698; P.A. 76-436, S. 254, 681; P.A. 77-614, S. 139, 610; P.A. 78-280, S. 1, 3, 127; P.A. 80-483, S. 176,
186; P.A. 00-99, S. 23, 154; P.A. 01-195, S. 12, 181.)
History: P.A. 76-436 included references to judicial districts and substituted superior court for court of common pleas,
effective July 1, 1978; P.A. 77-614 substituted commissioner of revenue services for tax commissioner, effective January
1, 1979; P.A. 78-280 deleted references to counties; P.A. 80-483 substituted secretary of the office of policy and management for commissioner of revenue services; P.A. 00-99 deleted provision re liability of city and borough for compensation
of sheriff or deputy for suppressing mob or riotous assembly and preserving public peace, effective December 1, 2000;
P.A. 01-195 made technical changes for purposes of gender neutrality, effective July 11, 2001.
See Sec. 51-197b re administrative appeals.
Cited. 178 C. 520, 521, 523—525. Cited. 187 C. 147, 154, 158 (Diss. Op.), 162. (Diss. Op.). Cited. 208 C. 161, 167.
Cited. 211 C. 501, 505.
Cited. 28 CA 277, 281.
Municipality not liable, when. 30 CS 67.
Any official, board or commissioner of a
municipality may, with the approval of the chief administrative officer of such municipality and of the Public Records Administrator, destroy any document in his or its custody relating to any matter which has been disposed of and of which no record is required
by law to be kept, after such document has been held for the period of time specified
in a retention schedule adopted by the Public Records Administrator. The tax collector
may, with like approval, destroy any duplicate record receipt book, duplicate tax receipts
or rate bills, at a time specified by the Public Records Administrator. The provisions of
section 12-151 requiring the retention of duplicate tax receipts as permanent records
shall not apply in the case of such receipts destroyed as provided in this section. The
tax collector may, with like approval, destroy any old age assistance or personal tax
records. The town clerk may, with like approval, destroy any liquor permit, any corporation annual report, any registration list of motor vehicles, any voting check list, any tax
list or abstract, any tax lien, release of tax lien, attachment or any original document
lodged with him for record, of which the proper owner or owners are not known to him,
and which has remained in his office uncalled for, at a time specified by the Public
Records Administrator. In lieu of destroying any document, under any provision of this
section, any official, board or commissioner of a municipality may, with like approval,
deposit the same in the custody of any society incorporated or organized under the laws
of this state exclusively for historical or educational purposes; provided all documents
so deposited shall be maintained and made available by such society for the use of the
public. No original document dated prior to the year 1900 shall be destroyed under the
provisions of this section without the express written approval of the Public Records
Administrator.
(1949 Rev., S. 695; 1953, S. 269d; 1957, P.A. 332; 1959, P.A. 144; 1963, P.A. 7; 1967, P.A. 470; P.A. 73-448; P.A.
80-338, S. 6.)
History: 1959 act added provision for destruction of release of tax lien and copy of writ and added provision regulating
destruction of documents which are recorded in town's land records; 1963 act allowed destruction of any tax list after
fifteen years, former law only permitting destruction of lists dated prior to 1913; 1967 act removed prohibition against
clerk or tax collector destroying records of matters not required by law to be kept, allowed such destruction according to
schedule published by examiner of public records rather than after six years, allowed destruction of duplicate rate bills,
personal tax records, abstracts and uncalled for or unclaimed original documents, deleted provisions for destruction of land
documents, added provisions re disposition of documents for historical and educational purposes and forbade destruction of
original documents dating before 1850; P.A. 73-448 replaced examiner of public records with administrator of public
records, deleted specific time periods after which destruction of various records allowed, leaving their destruction subject
to times set by public records administrator; P.A. 80-338 replaced "administrative head" with "chief administrative officer"
and "state librarian" with "public records administrator" and replaced "1850" with "1900" in prohibition against destruction
of old documents.
See Sec. 7-14 re land records.
See Sec. 9-307 re preservation of election check lists and certified copies of lists.
See Sec. 11-8(b) re appointment of Public Records Administrator.
See Sec. 11-8i et seq. re historic documents preservation grant program for municipalities.
Duties of town clerk discussed in re zoning regulations. 155 C. 12, 20. Cited. 216 C. 253, 257, 268. Cited. 240 C. 824.
Cited. 41 CA 641, 644; judgment reversed, see 240 C. 824.
Sec. 7-110. Official publications of towns, cities and boroughs to be filed in
State Library. Files of the official publications of the towns, cities and boroughs of
the state shall be kept in the State Library for reference. The clerk of each such town,
city or borough shall send to the State Library two copies of each such publication as
soon as the same is published, and copies of such previous issues of such publications
as can be spared by such municipality if the same are needed by the State Library to
complete its files.
(1949 Rev., S. 694.)
Section 7-111 is repealed.
(1949 Rev., S. 697; P.A. 82-327, S. 12.)
The provisions of sections 31-52, 31-53 and 31-54 shall apply to the construction, remodeling or repair of any public building by any political subdivision of this state or any of
its agents.
(1955, S. 270d.)
Each town, city
and borough shall procure its bounds to be set out by plain and durable marks and
monuments, which shall be either an iron pipe or rod, projecting at least six inches above
the surface of local permanent rocks, or by stone pillars, set at least three feet in and
one foot above the ground, at each angle, and once in each eighty rods in the lines
running from angle to angle. Such rocks or monuments shall be plainly marked with
the initials of the names of the towns adjoining.
(1949 Rev., S. 627.)
Cited. 10 CA 80—82, 84, 85.
Section 7-114 is repealed.
(1949 Rev., S. 628; 1955, S. 259d; 1961, P.A. 517, S. 3; P.A. 79-218.)
When the selectmen of adjoining towns, or of a town and the warden and burgesses of a borough or the mayor
and clerk of a city therein or adjoining, do not agree as to the place of the division line
between their respective communities, the Superior Court, upon application of either,
shall appoint a committee of three to fix such disputed line and establish it by suitable
monuments and report their doings to said court. When such report has been accepted
by said court and, together with the record of acceptance, has been lodged for record in
the records of both the communities interested therein, the line so fixed and established
shall thereafter be the true division line between them, and said court may allow costs
at its discretion. Before such committee proceeds to fix such line or monuments as
aforesaid, the members thereof shall be sworn and give notice to the parties interested
of the time and place of their meeting to attend to the duties of their appointment, at
least twenty days previous to the time of such meeting, by serving the same upon a
majority of the selectmen of such towns, the mayor and the clerk of such city and the
warden and a majority of the burgesses of the communities interested, and also by setting
the same on a signpost in each of such communities, if any, or at some other exterior
place near the office of the clerk of each community. All parties interested shall be
entitled to be heard before such committee.
(1949 Rev., S. 629; P.A. 84-146, S. 3.)
History: P.A. 84-146 included a reference to posting of notice on a place other than a signpost.
The report is final, except for fraud, misconduct or irregularity of committee. 52 C. 180.
Cited. 10 CA 80, 84, 85.
Sections 7-116 to 7-118, inclusive, are repealed.
(1949 Rev., S. 630—632; 1957, P.A. 13, S. 11; 1959, P.A. 67; P.A. 82-327, S. 12.)
See Sec. 7-148.
(a) All curbs and sidewalks constructed or replaced on or after January 1, 1980,
shall be designed with cuts at all pedestrian crosswalks to provide adequate and reasonable access for the safe and convenient movement of physically handicapped persons.
Such cuts shall meet the following specifications: (1) The cut shall have a surface that
is textured and nonslip; (2) the cut shall be at least thirty-six inches wide, but not more
than forty inches wide; and (3) the cut shall have a slope not greater than four degrees
fifty minutes and shall blend to a common surface with the next level without use of a
lip. Such cuts shall be positioned so as not to cause a safety hazard for blind pedestrians.
(b) Any curb or sidewalk not constructed in accordance with the provisions of subsection (a) of this section shall be brought into compliance with the provisions of said
subsection by the person, partnership or corporation which constructed such curb or
sidewalk within ninety days from the time such person, partnership or corporation knows
of such noncompliance. In the event such person, partnership or corporation fails to act
in accordance with the provisions of this subsection, the state or any political subdivision
thereof wherein such curb or sidewalk is located or which is responsible for the construction or replacement of such curb or sidewalk, shall bring such curb or sidewalk into
compliance with the provisions of subsection (a) of this section within ninety days from
the termination of the period of time provided herein for such person, partnership or
corporation to bring such curb or sidewalk into compliance with the provisions of said
subsection and shall be entitled to reimbursement from such person, partnership or
corporation for expenses incurred in correcting such construction.
(P.A. 75-295, S. 1, 2; P.A. 77-385; P.A. 78-64; P.A. 79-77, S. 1, 2; P.A. 80-483, S. 18, 186.)
History: P.A. 77-385 required curb cuts after October 1, 1977, rather than after July 1, 1975, and added Subsec. (b)
concerning compliance; P.A. 78-64 added specification that cuts not exceed forty inches in width; P.A. 79-77 included
sidewalks under provisions, changed date to January 1, 1980, required cuts to blend with next level without lip and that
they not cause hazard for the blind and provided for reimbursement to towns for reconstruction made necessary by noncompliance of constructor; P.A. 80-483 made technical changes.
Sections 7-119 and 7-120 are repealed.
(1949 Rev., S. 633; 1953, S. 279d; P.A. 76-436, S. 255, 681; P.A. 78-280, S. 1, 127; P.A. 82-327, S. 12.)
See Sec. 7-148 re municipal powers.
Each city, by its common council
when so authorized by its charter or by its electors in legal meeting assembled, and each
town, borough or school district, by legal meeting of its voters, shall make appropriations
of specific sums of money for all purposes authorized by law and provided for in the
warnings of the meetings at which the appropriations are made.
(1949 Rev., S. 624.)
See Sec. 4-100 re penalty for exceeding appropriations.
Scope of section. 89 C. 562. Cited. 212 C. 338, 341.
(a) Any municipality may, by vote of its legislative body, borrow funds on the faith
and credit of such municipality for the purpose of lending such funds to any financially
responsible nonpublic school located in such municipality for construction or renovation
of physical facilities for educational purposes, provided the obligor in such loan is a
person or persons, the board of trustees or similar body legally authorized to contract
for such obligations on behalf of such school. No municipality shall, as a result of such
borrowing, incur indebtedness for this purpose in excess of ten per cent of its annual
receipts from taxation. No such loan shall exceed thirty per cent of the appraised fair
market value of the buildings and real property of such school or forty per cent of the
assessed value of the capital assets of such school, whichever is less.
(b) Any such loan shall be used exclusively for purposes of construction or renovation of physical facilities of such school for educational purposes. Such loan shall be
secured by a first mortgage on school real estate owned by said obligor and further
secured by security interest or lien with respect to (1) all capital assets of said obligor
held for school purposes, (2) current income on such school's endowment funds to the
extent that such interest or lien may be exercised with respect to such income, (3) the
proceeds of any fund raising efforts on behalf of such school by such person or persons,
board of trustees or similar body. The interest rate on any such loan shall be one per
cent in excess of the current borrowing rate paid by such municipality. Such loan shall
be amortized in equal semiannual installments of interest and principal over not more
than thirty years.
(c) In the event of default on any installment for a period of ninety days, the entire
outstanding principal balance with interest and all costs of collection including a reasonable attorney's fee shall become due and payable. In such event, such municipality shall
commence and continue legal proceedings to collect the amount due such municipality.
(P.A. 74-287, S. 1—3.)
Any municipality
served by a regional water authority may enter into long-term contracts with such authority whereby such municipality agrees that it will appropriate and pay to the authority
such funds as may be necessary from time to time to make up all or an agreed-upon
percentage of any deficit in a special capital reserve fund established by such authority
to secure bonds issued by the authority to construct or improve its water supply system.
(P.A. 75-151; 75-567, S. 44, 80.)
History: P.A. 75-567 substituted "municipality" for "town".
Sec. 7-121c. Municipal guarantee of notes and bonds issued by water authority
re water distribution system. (a) Whenever any water authority incurs an indebtedness
whether by the issuance of bonds, notes or otherwise by reason of the installation, enlargement or maintenance of a water distribution system within any member town, and
the authority determines that the revenues and assessments reasonably anticipated by
reason of such installation, enlargement or maintenance are insufficient to permit the
payment of such indebtedness, the town in which such distribution system is located
may, by appropriate action, guarantee the payment of definitive notes and bonds issued
by the authority and thereafter from time to time lend to the authority such funds as may
be required to retire such notes and bonds as the same become due together with such
amounts as may from time to time be needed to satisfy interest and other charges upon
such notes and bonds. Such amounts with interest at such rates per annum, not exceeding
statutory limitations thereon, borrowed by the authority from such town shall be an
obligation of the authority provided, such revenues and assessments as may be received
by reason of the water service supplied to such town, after the payment of reasonable
operating costs, shall be segregated in a separate account from other funds of the authority. Such funds shall be paid to such town from time to time in accordance with the
terms of the loan until the entire amount due to such town is fully satisfied and shall be
used for no other purpose. Operating costs are defined as those costs incurred in the
maintenance and operation of the water distribution system including, but not limited
to, the costs of physical maintenance of the installations, bookkeeping costs, the costs
of surveys, soundings and examinations, employee wages and servicing of the bonds
or debts of the authority other than those funds borrowed from the town in which the
water distribution system is located, as the same becomes due together with such
amounts as may from time to time be needed to satisfy interest and other charges upon
such indebtedness.
(b) Any funds so loaned by a town to the authority shall be evidenced by such
notes or other evidences of indebtedness as may be appropriate. Any member town is
authorized to enter into an agreement to lend such funds as may be required upon complying with such procedures as may be prescribed by such town for the issuance of general
obligation bonds of such town provided, any such town may lend such funds as part of
its general operating budget. Such funds as may be received by such town from the
authority shall be used by the town as it shall determine in its budget.
(P.A. 78-129.)
Upon the request of a municipality or municipal
agency the Commissioner of Environmental Protection shall review any contract between such municipality or municipal agency and an engineering consultant which concerns waste water treatment or study, if such contract involves a grant for design or
construction for which state moneys will be allocated or for which the state will disburse
any federal funds.
(P.A. 78-45.)
Any town, city
or borough, and any district in which a sewage treatment facility is or may be located,
may, by action of its legislative body, create a sewage treatment facility improvement
trust fund. Such fund may contain any amounts authorized to be transferred to the fund
by the town, city, borough or district, any moneys obtained from the state, the federal
government or any other unit of government and any private contributions. Such fund
shall be used for the financing of any construction, reconstruction or acquisition carried
out for the improvement of a sewage treatment facility.
(P.A. 89-318.)
Reserved for future use.
Whenever any municipality, pursuant to the general statutes or any special act,
takes any action on or makes any assessment against any real property in any other
municipality, the acting municipality shall be subject to all notice requirements in the
same manner and to the same extent as the municipality in which the property is located
would be if it were the acting municipality.
(P.A. 83-513, S. 6.)
Any city may, acting by its legislative body, purchase or acquire land for the purpose of conveying the same to the state
as the site for a state armory, whenever the General Assembly has voted to erect an
armory in such city, and may appropriate sufficient funds therefor from the treasury of
such city and authorize an officer of such city to execute a conveyance of such land to
the state.
(1949 Rev., S. 638.)
Any
town or city, acting by its legislative body, may provide for the acquisition, construction
and installation of fallout shelters and other civil preparedness facilities and may appropriate sufficient funds therefor and may finance such acquisition, construction and installation by the issuance of bonds as provided in chapter 109.
(1967, P.A. 371; P.A. 73-544, S. 20.)
History: P.A. 73-544 made reference to "civil preparedness" facilities rather than "civil defense" facilities.
Sec. 7-122b. Allocation of funds for art work in construction or remodeling
of municipal buildings. (a) For purposes of this section, the following terms have the
following meanings: "Municipal building" means any building or facility owned or
leased by a municipal government in the state of Connecticut and open to the public or
intended for such use, exclusive of any shed, warehouse, garage or building of a temporary nature; "work of art" means art work which is to be an integrated part of such
municipal building, including but not limited to, fresco, mosaic, sculpture and other
architectural embellishment or functional art created by a professional artist, artisan or
craftsperson, and any work of visual art which is not to be an integrated part of such
municipal building, including but not limited to, a drawing, painting, sculpture, mosaic,
photograph, work of calligraphy or work of graphic art or mixed media. Work of art as
used in this section shall not include landscape architecture or landscape gardening.
(b) Any municipality may, in the allocation of funds for purposes of construction,
reconstruction or remodeling of any municipal building, allocate for work of art, with
respect to each such project, an amount of such funds equal to one per cent or more of
the total estimated cost of such construction, reconstruction or remodeling, exclusive
of (1) the cost of any land acquisition, (2) any nonconstruction costs including the cost
of such work of art, (3) any augmentations to such cost and (4) the amount of such costs
paid for with funds derived from grants or loans from the state or the federal government.
No funds derived from a grant or loan from the state or the federal government shall be
allocated for work of art unless such grant or loan specifically provides for such use.
(c) The municipality shall designate the officer or agency which shall, with respect
to work of art in any such project, be responsible for selection of and contractual arrangements with any artist, artisan or craftsperson, review of any design or plan, execution
and completion of such work of art and acceptance and placement of such work of art.
(P.A. 81-164, S. 1, 2.)
Secs. 7-123 to 7-125. Appropriations for: Military organizations, hospitals,
health care facilities and public health nursing organizations; insect and plant
disease control; Memorial Day and Old Home Week. Sections 7-123 to 7-125, inclusive, are repealed.
(1949 Rev., S. 639, 650, 651; 1957, P.A. 13, S. 17; 1971, P.A. 56; P.A. 76-92; 76-435, S. 67, 82; P.A. 82-327, S. 12.)
See Sec. 7-148.
Any town which has appropriated funds to any body politic incorporated by
special act as an improvement association within such town, which funds were used for
the repair or maintenance of roads within the limits of such association, may continue
to make such payments, if the legislative body of such town deems it in the public interest
to do so.
(1961, P.A. 412.)
Secs. 7-125b to 7-125d. Appropriations for assistance to nonprofit museums.
Cultural commissions. Appropriations for drug abuse and dependency programs.
Sections 7-125b to 7-125d, inclusive, are repealed.
(1967, P.A. 105; 1971, P.A. 202, S. 1; 329; P.A. 82-327, S. 12.)
See Sec. 7-148.
Sec. 7-126. Transportation of crippled children and children with defective
eyesight. Each city, town, borough or school district is authorized to transport crippled
children and children having such defective eyesight as to require transportation, from
within their residences to places where medical, surgical or other treatment is to be given
them, and to retransport such children from within such places to within their residences,
and such transportation is declared to be in the line of governmental duty.
(1949 Rev., S. 640.)
Secs. 7-127 and 7-127a. Municipal advisory welfare boards. Committees on
needs of the aging. Sections 7-127 and 7-127a are repealed.
(1949 Rev., S. 641; 1963, P.A. 540; P.A. 82-327, S. 12.)
(a) The chief elected official or the chief executive officer if
by ordinance of each municipality shall appoint a municipal agent for elderly persons.
Such agent shall be a member of the municipality's commission on aging, if any, a
member of another agency that serves elderly persons, an elected official of the state
or the municipality or a responsible resident of the municipality who has demonstrated
an interest in the elderly or has been involved in programs in the field of aging.
(b) Each municipal agent shall (1) disseminate information to elderly persons and
assist such persons in learning about the community resources available to them and
publicize such resources and benefits; (2) assist elderly persons in applying for federal
and other benefits available to such persons; (3) submit written reports at least annually
to the chief elected official, chief executive officer, legislative body and committee or
commission on aging of the municipality, if any, and to the Department of Social Services on the services they have provided, the needs and problems of the elderly and any
recommendations for municipal action with regard to elderly persons.
(c) Each municipal agent shall serve for a term of two or four years, at the discretion
of the appointing authority of each municipality, and may be reappointed. If more than
one agent is necessary to carry out the purposes of this section, the appointing authority,
in the discretion of such appointing authority, may appoint one or more assistant agents.
The town clerk in each municipality shall notify the Department of Social Services
immediately of the appointment of a new municipal agent. Each municipality may provide to its municipal agent resources sufficient for such agent to perform the duties of
the office.
(d) The Department of Social Services shall be responsible for assuring that the
provisions of this section are being carried out by municipalities, and shall adopt and
disseminate to municipalities guidelines as to the role and duties of municipal agents
and such informational and technical materials to assist such agents in performance of
their duties. Said department shall provide training for municipal agents in accordance
with their needs and the resources of the department and in cooperation with area agencies on aging. The department shall sponsor at least one training session in each of the
planning and service areas of the Department of Social Services. Such training shall
include, but not be limited to, information, from updated lists, on the availability of
housing. Each municipal agent shall attend at least one such session. Said department
shall assist such agents to develop and maintain simple records about the needs of elderly
persons and the services provided to them, which records shall be confidential and used
only to provide data that is useful to the Department of Social Services and the area
agencies on aging in the preparation of the annual state and area plans.
(1972, P.A. 70; P.A. 77-447; P.A. 85-459, S. 1, 2; P.A. 88-206, S. 2; P.A. 93-262, S. 1, 87; P.A. 95-77; P.A. 01-195,
S. 105, 181.)
History: P.A. 77-447 replaced all former provisions re municipal agents for disseminating information to elderly with
more detailed provisions of Subsecs. (a) to (d), inclusive; P.A. 85-459 amended Subsec. (b) to require written reports to
be submitted to the state department on aging and amended Subsec. (c) to require the town clerk to notify the state department
on aging of the appointment of a new municipal agent; P.A. 88-206 gave the chief elected official the authority to appoint
a municipal agent and provided that the chief executive officer may also appoint if by ordinance he is given such authority
in Subsec. (a), made a technical change in Subsec. (b) and required the department on aging to sponsor at least one training
session and specified that the training shall include information re the availability of housing and required each municipal
agent to attend at least one session in Subsec. (d); P.A. 93-262 authorized substitution of department of social services for
department on aging, effective July 1, 1993; P.A. 95-77 amended Subsec. (c) to allow a municipal agent to serve a term
of two or four years, at the discretion of the appointing authority, where previously terms were two years only; P.A. 01-
195 made technical changes, effective July 11, 2001.
(a) The chief elected official or the
chief executive officer of each municipality may appoint a municipal agent for children.
Such agent shall be an elected official of the state or the municipality, a member of an
agency that serves children, a youth service bureau in the municipality or a responsible
resident of the municipality who has demonstrated an interest in children or has been
involved in programs in the field of child development.
(b) The duties of a municipal agent may include, but not be limited to, (1) annually
determining the capacity of the municipality to provide services beneficial to children
and families living in the municipality and coordinating such services provided by the
state, the municipality and community-based organizations; (2) disseminating information to families with children and assisting such families in learning about the resources
available to them; (3) assisting families with children in applying for available child
day care subsidies; and (4) annually submitting a written report to the chief elected
official, chief executive officer and legislative body of the municipality, on the services
he has provided, his findings concerning the needs and problems of children in the
municipality and recommendations for improving services for such children.
(c) Each municipal agent shall serve for a term of two years and may be reappointed.
If more than one agent is necessary to carry out the purposes of this section, the appointing authority, in his discretion, may appoint one or more assistant agents. The town
clerk in each municipality shall notify the Commissioner of Education immediately of
the appointment of a municipal agent. Each municipality may provide to its municipal
agent resources sufficient for such agent to perform the duties of the office.
(d) The Department of Education may adopt and disseminate to municipalities
guidelines as to the role and duties of municipal agents and such informational and
technical materials as may assist such agents in the performance of their duties. The
department, in collaboration with the Commission on Children, may provide training for
municipal agents within the available resources of the department and the commission.
(P.A. 92-247; P.A. 93-91, S. 1, 2; P.A. 95-339, S. 5, 8.)
History: P.A. 93-91 substituted commissioner and department of children and families for commissioner and department
of children and youth services, effective July 1, 1993; P.A. 95-339 amended Subsecs. (c) and (d) to substitute Commissioner
and Department of Education for Commissioner and Department of Children and Families, effective July 1, 1995.
(a) There is established a neighborhood youth center grant program which shall be administered by the
Office of Policy and Management.
(b) Grants may be made to city and nonprofit agencies serving the cities of Bridgeport, New Haven, Hartford, New Britain, Norwalk, Stamford and Waterbury for the
purpose of supporting neighborhood centers for youths between twelve and seventeen
years of age. Agencies serving each eligible city may receive from the funds authorized
for the program an amount that is proportionate to the population of the city between
twelve and seventeen years of age whose families have incomes below the federal poverty level determined from 1990 data of the United States Bureau of the Census as a
percentage of the aggregate population of such ages and family income level in all
eligible cities in the state, except that the cities of Bridgeport, New Haven and Hartford
shall receive grants in equal amounts based on the average of the funds otherwise allocated among the three cities from such formula.
(c) Seventy-five per cent of all grants made (1) pursuant to sections 7-127d to 7-
127g, inclusive, and (2) to municipalities which, in the aggregate, receive seventy-five
thousand dollars or more, shall be made to cities and nonprofit agencies providing on-
site athletic or recreational programs.
(d) Neighborhood youth center programs shall include the following components:
(1) A neighborhood center, at a location convenient for youths within the neighborhood
to be served, that is open regular hours including, but not limited to, evenings, weekends,
school vacations and the summer and where all the other program components could
be delivered; (2) athletic and recreational opportunities; (3) enrichment or tutoring activities; (4) skills training in areas such as problem-solving, decision-making, conflict
resolution, peer counseling and life skills; (5) parent involvement in planning the grant
initially and on an ongoing basis; (6) youth involvement, including, but not limited to,
input into the planning and management of the program and youth leadership development activities; and (7) maximum use of existing neighborhood services for youths.
(e) Neighborhood youth center programs may include the following components:
(1) Matching youths on a one-to-one basis with positive adult role models; (2) vocational
training and job placement; (3) preventive and interventive services for youths and their
families; and (4) cultural opportunities.
(May Sp. Sess. P.A. 94-6, S. 5, 28; P.A. 95-351, S. 23, 30; P.A. 96-226, S. 1, 4.)
History: May Sp. Sess. P.A. 94-6 effective July 1, 1994; P.A. 95-351 amended Subsec. (b) by requiring Bridgeport,
New Haven and Hartford to receive grants in equal amounts, effective July 1, 1995; P.A. 96-226 amended Subsec. (b) to
eliminate schools from eligibility for grants, inserted new Subsec. (c) re percentage of grants for on-site athletic or recreational activities, relettering former Subsec. (c) as Subsecs. (d) and (e) and amended Subsecs. (d) and (e) to require such
programs to be at only one location within the neighborhood being served and to make certain activities mandatory and
certain activities optional in such programs, effective July 1, 1996.
(a) The Office of Policy and Management shall solicit competitive
proposals under this program for the fiscal years beginning July 1, 1996, and July 1,
1999, and every two years thereafter. The Office of Policy and Management shall notify
the eligible agencies of the amount of funds provided for each city in accordance with
section 7-127d. Eligible agencies may file a grant application with the Office of Policy
and Management on such form and at such time as that office may require.
(b) Grant funds made available for the provisions of sections 7-127d to 7-127g,
inclusive, shall not be used to supplant existing services. A minimum of twenty-five
per cent of the total program costs for each neighborhood youth center program shall
be supported with local funds or in-kind contributions which may include federal, local
and private funds which support existing services.
(c) The Office of Policy and Management shall review all grant applications received and make the decisions concerning which applications shall be funded and at
what funding levels. Criteria for such decisions shall include (1) documentation of need
for the program through crime and poverty statistics for the neighborhood to be served;
(2) responsiveness to program component requirements; (3) reasonableness of costs;
(4) soundness of program plan; (5) experience of the applicant agency in providing
youth recreational services; and (6) evidence of collaboration and coordination with
other children's services providers in the neighborhood. The Office of Policy and Management shall convene and chair an advisory committee to assist in grant application
review. Such committee shall include representatives of the Office of Policy and Management, the Judicial Department, and the Departments of Children and Families, Education, Public Health and Social Services.
(May Sp. Sess. P.A. 94-6, S. 6, 28; P.A. 95-257, S. 12, 21, 58; P.A. 96-226, S. 2—4.)
History: May Sp. Sess. P.A. 94-6 effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public
Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-226
amended Subsec. (a) to require the solicitation of competitive proposals for the fiscal years beginning July 1, 1996, and
July 1, 1999, and every two years thereafter and allowed the Office of Policy and Management to designate when agencies
may file a grant application, replacing provision which had specified application date, and amended Subsec. (c) to add
Subdiv. (6) including evidence of collaborations and coordinations with other children's services providers in the neighborhood as criteria for funding, effective July 1, 1996.
Grantees shall submit to the Office of Policy and Management on a quarterly basis program and financial reports on such forms
as the office may require. In accordance with the provisions of sections 4-230 to 4-236,
inclusive, and regulations adopted thereunder, each grantee shall file an appropriate
audit of grant funds with the Office of Policy and Management on or before December
first of the fiscal year following the grant year.
(May Sp. Sess. P.A. 94-6, S. 7, 28.)
History: May Sp. Sess. P.A. 94-6 effective July 1, 1994.
Each municipality which
receives a grant pursuant to sections 7-127d to 7-127f, inclusive, for the fiscal year
ending June 30, 1995, shall submit a report to the General Assembly, in accordance
with the provisions of section 11-4a, which sets forth all funds received by such municipality from state, local, federal or private sources for youth centers and after-school
programs. Such report shall be submitted on or before February 15, 1995. Any municipality which receives a grant pursuant to sections 7-127d to 7-127f, inclusive, for the
fiscal year ending June 30, 1996, or any subsequent fiscal year, shall submit such report
not later than February fifteenth of the fiscal year in which such grant is received.
(May Sp. Sess. P.A. 94-6, S. 8, 28; P.A. 96-180, S. 5, 166.)
History: May Sp. Sess. P.A. 94-6 effective July 1, 1994; P.A. 96-180 made technical changes re section cites, effective
June 3, 1996.
Sections 7-
128 and 7-129 are repealed.
(1949 Rev., S. 644, 645; 1957, P.A. 13, S. 14; P.A. 82-327, S. 12.)
See Sec. 7-148.
(a)
As used in this section, "municipality" means any city, town, borough, district or association with municipal powers which has within its jurisdiction and subject to its authority,
holds or acquires any land or facilities for park or recreational use; "recreation authority"
means the committee or commission within the government of a municipality responsible for the administration or supervision of parks or recreation, the legislative body of
any municipality which has no such committee or commission, or the board of selectmen
of any town which has no such committee or commission and the legislative body of
which is the town meeting or representative town meeting.
(b) Any municipality, by vote of its legislative body, may establish a special fund,
which shall be known as the park and recreation capital and nonrecurring expense fund.
There shall be deposited in said fund (1) all moneys received by the municipality, from
whatever source and by whatever means, as gifts for park or recreation purposes; (2)
all moneys received by the municipality, from whatever source and by whatever means,
as governmental grants or loans for park or recreational purposes; (3) all moneys received by the municipality from the sale or voluntary or involuntary conveyance of land
used for park or recreational purposes, and (4) all moneys appropriated to said fund by
the municipality.
(c) Said fund shall be in the custody of the treasurer or other officer in charge of
funds of the municipality. All or any part of the moneys in said fund may, from time to
time, be invested in any securities in which public funds may lawfully be invested. All
income derived from such investments shall be paid into the fund and become a part
thereof. The moneys so invested shall at all times be subject to withdrawal from such
investment for use as provided in subsection (e).
(d) Annually, the treasurer or other officer having custody of said fund shall submit
to the recreation authority and to the legislative body of the municipality a complete
and detailed report of the condition of said fund, which report shall be made a part of
the annual municipal report.
(e) Upon authorization of the body in such municipality having the power of appropriation, the moneys in said fund may be used for capital and nonrecurring expenditures
incurred in any of the following: (1) Acquisition, development, improvement, maintenance and expansion of park and recreation lands; (2) acquisition, erection, installation,
maintenance, improvement, repair and replacement of park or recreation facilities and
equipment; (3) development, establishment and improvement of park or recreation programs; (4) any other capital or nonrecurring expenditure incurred for park or recreational
purposes.
(f) No budget proposed or approved or appropriation made for park or recreational
purposes in any municipality shall be reduced, ratably or otherwise, in consideration of
any moneys in said fund.
(1967, P.A. 438, S. 1—7.)
Section 7-130 is repealed.
(1949 Rev., S. 646; P.A. 82-327, S. 12.)
As used in
sections 7-130a to 7-130w, inclusive, the following words and terms shall have the
following meanings unless the context indicates another meaning or intent:
(a) "Authority" means an authority created under the provisions of sections 7-130a
to 7-130w, inclusive, or, if any such authority is abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by said
sections to such authority shall be given by law.
(b) "Municipality" means any town, city or borough, whether consolidated or unconsolidated.
(c) "Federal agency" means and includes the United States of America or any department, bureau, agency or instrumentality thereof.
(d) "Project" or "projects" or "public facility" or "public facilities" means any one
or more of the following: Public golf courses, bathing beaches, swimming pools, marinas
or small craft harbors, tennis courts, facilities for camping, fishing and hunting, playgrounds, gymnasiums, playing fields, indoor recreation centers, auditoriums, exhibition
halls, museums, aquariums, shipbuilding and other maritime arts and trades demonstration facilities, stadiums, hockey rinks and ski tows and other skiing facilities, as such
terms are generally used, and parking facilities and other facilities for the public convenience in connection with any of the foregoing, including all buildings, structures and
other facilities for the public convenience, including but not limited to restaurants and
other concessions, and appurtenances thereto which the authority may deem necessary
and desirable, together with all property, real or personal, rights, easements and interests
which may be acquired by the authority or any person contracting with the authority,
for the construction, improvement and operation of any of the foregoing.
(e) "Cost" as applied to any project shall include the cost of acquisition or construction, the cost of any subsequent additions thereto or expansion thereof, the cost of the
acquisition of all land, rights-of-way, property rights, easements and interests acquired
by the authority for such construction, additions or expansion, the cost of demolishing
or removing any building or structure on land so acquired, including the cost of acquiring
any lands to which such building or structures may be moved, the cost of dredging and
filling underwater areas, the cost of all equipment, financing charges, insurance, interest
prior to and during such construction, and during the construction of any addition or
expansion, and, if deemed advisable by the authority, for a period not exceeding one
year after completion of such construction, addition or expansion, the cost of surveys,
engineering and architectural expenses, borings, plans and specifications and other engineering and architectural services, legal expenses, administrative expenses and such
other expenses as may be necessary or incident to the construction of the project, and
of such subsequent additions thereto or expansion thereof, and the cost of financing
such construction, additions or expansion and placing the project and such additions or
expansion in operation.
(f) "Bonds" means any bonds, notes, interim certificates, debentures or other obligations issued by an authority pursuant to sections 7-130a to 7-130w, inclusive.
(February, 1965, P.A. 460, S. 1; 1967, P.A. 810, S. 1; P.A. 85-543, S. 1, 7.)
History: 1967 act extended definition in Subsec. (d) to cover public facilities; P.A. 85-543 amended Subsec. (d) to
include museums, aquariums, shipbuilding and other maritime arts and trades demonstration facilities in the definition of
project, to include restaurants and other concessions and to add reference to persons contracting with an authority.
(a) The legislative
body of any municipality may, by ordinance, create an authority under an appropriate
name and title containing the word "authority", which may also be constituted a departmental unit of such municipality, or may designate any existing departmental unit of
such municipality as such authority. Two or more municipalities may, by concurrent
ordinances of their legislative bodies, create such an authority. Such ordinances shall
contain a brief statement of the purpose of the authority and shall set forth the articles
of incorporation of the authority as follows: (1) The name of the authority and address
of its principal office and, where applicable, a statement that the authority is constituted
as a departmental unit of such municipality or that an existing municipal department is
designated as such authority; (2) a statement that the authority is created under sections
7-130a to 7-130w, inclusive; (3) the name of each participating political subdivision;
(4) the names, addresses and terms of office of the first members of the authority, except
in the case where the authority is constituted a departmental unit or an existing municipal
department is designated as such authority, in which case the name of such department
and its office address shall be given; and (5) the purpose or purposes for which the
authority is to be created.
(b) Passage of such ordinance or ordinances by the legislative body or bodies shall
constitute the authority a public body politic and corporate of the state, except where
such authority is or becomes a departmental unit of such municipality as herein provided.
(c) Any municipality may become a member of an existing authority upon such
terms and conditions as the authority may determine. Any municipality which is a member of an existing authority may by vote of its legislative body elect to withdraw from
such authority. Such withdrawal shall be effective only upon such terms and conditions
as the authority may require and after compliance with the terms and conditions contained in any contracts between such municipality or the authority and the holders of
any bonds of the authority. No such withdrawal shall relieve such municipality of any
liability incurred by it as a member of the authority or as a user of any of its projects.
(February, 1965, P.A. 460, S. 2; 1967, P.A. 810, S. 2.)
History: 1967 act allowed authorities to be existing or newly created departments of municipalities and changed provisions accordingly.
(a) Except as provided in subsection (b)
of this section, the powers of the authority shall be exercised by a commission which
shall consist of not less than five nor more than nine members who shall be appointed
by the legislative bodies of the participating municipalities and who shall be selected
in the manner and for the terms provided by the ordinance creating the authority. The
members of the commission shall elect one of their number chairman and shall elect a
secretary and treasurer who need not be members of the commission. The offices of
secretary and treasurer may be combined. A majority of the members of the commission
shall constitute a quorum and the vote of a majority of such members shall be necessary
for any action taken by the authority. No vacancy in the membership of the commission
shall impair the right of a quorum to exercise all the rights and perform all the duties
of the authority. The members of the commission shall be reimbursed for the amount
of actual expenses incurred by them in the performance of their duties. The legislative
bodies of the participating municipalities may provide for compensation of the members
of the commission.
(b) All the foregoing provisions of subsection (a) of this section shall not, however,
apply in the event such authority is or becomes a municipal departmental unit as provided
in section 7-130b, in which case the powers of the authority shall be exercised by said
department in the usual and normal manner in which it functions as such a departmental
unit of the municipality under the rules and regulations of said department and the
ordinances and the charter of said municipality.
(c) If an authority constituted as a municipal departmental unit in any municipality
as provided in section 7-130b, is replaced by an authority operating through a commission, the ordinance establishing such succeeding authority may provide that the employees of such succeeding authority shall be deemed to be employees of such municipality
for all purposes, and such municipality shall be deemed to be the employer for purposes
of section 7-467; provided that such ordinance may provide that some or all of such
employees of such succeeding authority shall not be subject to the classified civil service
requirements of such municipality.
(February, 1965, P.A. 460, S. 3; 1967, P.A. 810, S. 3; P.A. 78-376, S. 1, 6.)
History: 1967 act added Subsec. (b) excepting authorities which are departments from provisions of Subsec. (a); P.A.
78-376 added Subsec. (c) re switch from department authority to commission authority.
Each authority shall be deemed to be an instrumentality exercising public and essential government functions to provide for the public
health and welfare, and, except as provided in subsection (l) hereof, each such authority
is authorized and empowered: (a) To have existence for such term of years as is specified
by the participating municipalities; (b) to contract and be contracted with; to sue and
be sued; to make and, from time to time, amend and repeal bylaws, rules and regulations
not inconsistent with general law to carry out its purposes; and to adopt a corporate seal
and alter the same at its pleasure; (c) to acquire, purchase, lease as lessee, construct,
reconstruct, improve, extend, operate and maintain projects within or without any of
the participating municipalities; and to acquire by gift or purchase lands or rights-in-land
in connection therewith and to sell, lease as lessor, transfer or dispose of any property or
interest therein acquired by it, at any time; (d) to lease all or any part of any project upon
any such terms or conditions and for such term of years as it may deem advisable where,
in the opinion of the authority, such leasing is for commercial uses related to the public
uses of the project or unrelated to the public uses of the project but necessary and feasible
for the financing or operation of the project; (e) to regulate the uses of all lands and
facilities under control of the authority, subject to land use regulations of the municipality in which such lands or facilities are located; (f) to fix and revise from time to time
and to charge and collect fees, rents and other charges for the use of any project or
facilities thereof, and to establish and revise from time to time regulations in respect of
the use, operation and occupancy of any such project or facilities thereof; (g) to enter
into contracts with any participating municipality, the state or any political subdivision,
agency or instrumentality thereof, any federal agency or any private corporation, copartnership, association or individual, providing for or relating to any project; (h) to accept
grants and gifts from any participating municipality, the state or any political subdivision, agency or instrumentality thereof, any federal agency and from any private corporation, copartnership, association or individual; (i) to issue bonds and refunding bonds of
the authority, such bonds to be payable solely from funds of the authority; (j) to make
and enter into all contracts and agreements necessary or incidental to the performance
and execution of its duties and the execution of its powers under sections 7-130a to 7-
130w, inclusive, including a trust agreement or trust agreements securing any bonds or
refunding bonds issued hereunder; (k) to do all acts and things necessary or convenient
to carry out the powers granted by said sections; and (l) in the case of an authority being
or becoming a municipal departmental unit as herein provided, the exercise of any of
its powers shall be subject to the approval of the local legislative body.
(February, 1965, P.A. 460, S. 4; 1967, P.A. 810, S. 4.)
History: 1967 act added Subdiv. (l) re municipal department authorities.
Each
participating municipality may (a) transfer jurisdiction over, lease, lend, grant or convey
to the authority at its request, with or without consideration, such real or personal property as may be necessary or desirable to carry out the purposes of the authority, upon
such terms and conditions as the legislative body of such municipality determines to be
for its best interests; and (b) make appropriations and provide funds for any purpose of
the authority, including the acquisition, construction, improvement and operation of
any project or facilities thereof and payment of principal and interest on its indebtedness.
(February, 1965, P.A. 460, S. 5.)
The authority may acquire or construct and
maintain and operate any one or more projects under sections 7-130a to 7-130w, inclusive, in such manner as the authority may determine, and the authority may operate each
project separately or it may operate one or more projects together. The authority shall
have exclusive control over the revenues derived from its operations and may use revenues from one project in connection with any other project. No person, firm, association
or corporation shall receive any profit or dividend from the revenues, earnings or other
funds or assets of the authority other than for debts contracted, for services rendered,
for materials and supplies furnished and for other value actually received by the authority. All of the foregoing provisions of this section are subject to the approval of the
legislative body in those cases where the authority is or becomes a municipal departmental unit.
(February, 1965, P.A. 460, S. 6; 1967, P.A. 810, S. 5.)
History: 1967 act required approval of legislative body for actions taken by municipal department authorities.
(a) The authority may issue bonds from time to time
in its discretion, subject to the approval of the legislative body when required by the
provisions of sections 7-130a to 7-130w, inclusive, for the purpose of paying all or any
part of the cost of acquiring, purchasing, constructing, reconstructing, improving or
extending any project and acquiring necessary land and equipment therefor. The authority may issue such types of bonds as it may determine, including, without limiting the
generality of the foregoing, bonds payable as to principal and interest: (1) From its
revenues generally; (2) exclusively from the income and revenues of a particular project;
or (3) exclusively from the income and revenues of certain designated projects, whether
or not they are financed in whole or in part from the proceeds of such bonds. Any such
bonds may be additionally secured by a pledge of any grant or contribution from a
participating municipality, the state or any political subdivision, agency or instrumentality thereof, any federal agency or any private corporation, copartnership, association or
individual, or a pledge of any income or revenues of the authority, or a mortgage on
any project or other property of the authority. Whenever and for so long as any authority
has issued and has outstanding bonds pursuant to sections 7-130a to 7-130w, inclusive,
the authority shall fix, charge and collect rates, rents, fees and other charges in accordance with the second sentence of section 7-130i. Neither the commissioners of the authority nor any person executing the bonds shall be liable personally on the bonds by
reason of the issuance thereof. The bonds and other obligations of the authority, and
such bonds and obligations shall so state on their face, shall not be a debt of the state
or any political subdivision thereof, except when the authority or a participating municipality which in accordance with section 7-130s has guaranteed payment of principal
and of interest on the same, and no person other than the authority or such a public body
shall be liable thereon, nor shall such bonds or obligations be payable out of any funds
or properties other than those of the authority or such a participating municipality. Except
to the extent and for the purpose therein expressly provided by other laws, such bonds
shall not constitute an indebtedness within the meaning of any statutory limitation on
the indebtedness of any participating municipality. Bonds of the authority are declared
to be issued for an essential public and governmental purpose. In anticipation of the
sale of such revenue bonds the authority may issue negotiable bond anticipation notes
and may renew the same from time to time, but the maximum maturity of any such note,
including renewals thereof, shall not exceed five years from the date of issue of the
original note. Such notes shall be paid from any revenues of the authority available
therefor and not otherwise pledged, or from the proceeds of sale of the revenue bonds
of the authority in anticipation of which they were issued. The notes shall be issued in
the same manner as the revenue bonds. Such notes and the resolution or resolutions
authorizing the same may contain any provisions, conditions or limitations which a bond
resolution of the authority may contain.
(b) Bonds of the authority may be issued as serial bonds or as term bonds, or the
authority, in its discretion, may issue bonds of both types. Bonds shall be authorized by
resolution of the members of the authority and shall bear such date or dates, mature at
such time or times, not exceeding fifty years from their respective dates, bear interest
at such rate or rates, or have provisions for the manner of determining such rate or rates,
payable at such time or times, be in such denominations, be in such form, either coupon
or registered, carry such registration privileges, be executed in such manner, be payable
in lawful money of the United States of America at such place or places, and be subject
to such terms of redemption, as such resolution or resolutions may provide. The revenue
bonds or notes may be sold at public or private sale for such price or prices as the
authority shall determine. Pending preparation of the definitive bonds, the authority
may issue interim receipts or certificates which shall be exchanged for such definitive
bonds.
(c) Any resolution or resolutions authorizing any revenue bonds or any issue of
revenue bonds may contain provisions, which shall be a part of the contract with the
holders of the revenue bonds to be authorized, as to: (1) Pledging all or any part of
the revenues of a project or any revenue-producing contract or contracts made by the
authority with any individual, partnership, corporation or association or other body,
public or private, to secure the payment of the revenue bonds or of any particular issue
of revenue bonds, subject to such agreements with bondholders as may then exist; (2)
the rentals, fees and other charges to be charged, and the amounts to be raised in each
year thereby, and the use and disposition of the revenues; (3) the setting aside of reserves
or sinking funds or other funds or accounts as the authority may establish and the regulation and disposition thereof, including requirements that any such funds and accounts
be held separate from or not be commingled with other funds of the authority; (4) limitations on the right of the authority or its agent to restrict and regulate the use of the project;
(5) limitations on the purpose to which the proceeds of sale of any issue of revenue
bonds then or thereafter to be issued may be applied and pledging such proceeds to secure
the payment of the revenue bonds or any issue of the revenue bonds; (6) limitations on
the issuance of additional bonds; the terms upon which additional bonds may be issued
and secured; the refunding of outstanding bonds; (7) the procedure, if any, by which
the terms of any contract with bondholders may be amended or abrogated, the amount
of bonds the holders of which must consent thereto, and the manner in which such
consent may be given; (8) limitations on the amount of moneys derived from the project
to be expended for operating, administrative or other expenses of the authority; (9)
defining the acts or omissions to act which shall constitute a default in the duties of the
authority to holders of its obligations and providing the rights and remedies of such
holders in the event of a default; (10) the mortgaging of a project and the site thereof
for the purpose of securing the bondholders; and (11) provisions for the execution of
reimbursement agreements or similar agreements in connection with credit facilities
including but not limited to, letters of credit or policies of bond insurance, remarketing
agreements and agreements for the purpose of moderating interest rate fluctuations.
(d) If any officer whose signature or a facsimile of whose signature appears on any
bonds or coupons ceases to be such officer before delivery of such bonds, such signature
or such facsimile shall nevertheless be valid and sufficient for all purposes the same as
if he had remained in office until such delivery. Notwithstanding any of the other provisions of sections 7-130a to 7-130w, inclusive, or any recitals in any bonds issued under
the provisions of said sections, all such bonds shall be deemed to be negotiable instruments under the provisions of the general statutes.
(e) Unless otherwise provided by the ordinance creating the authority, bonds may
be issued under the provisions of sections 7-130a to 7-130w, inclusive, without obtaining
the consent of any commission, board, bureau or agency of the state or of any political
subdivision, and without any other proceedings or the happening of other conditions or
things than those proceedings, conditions or things which are specifically required by
said sections.
(f) The authority shall have power out of any funds available therefor to purchase
its bonds or notes. The authority may hold, pledge, cancel or resell such bonds, subject
to and in accordance with agreements with bondholders.
(g) An authority shall cause a copy of any bond resolution adopted by it to be filed
for public inspection in its office and in the office of the clerk of each participating
municipality and may thereupon cause to be published at least once in a newspaper
published or circulating in each participating municipality a notice stating the fact and
date of such adoption and the places where such bond resolution has been so filed for
public inspection and also the date of the first publication of such notice and also stating
that any action or proceeding of any kind or nature in any court questioning the validity
or proper authorization of bonds provided for by the bond resolution, or the validity of
any covenants, agreements or contracts provided for by the bond resolution, shall be
commenced within twenty days after the first publication of such notice. If any such
notice is published and if no action or proceeding questioning the validity or proper
authorization of bonds provided for by the bond resolution referred to in such notice,
or the validity of any covenants, agreements or contracts provided for by the bond
resolution is commenced or instituted within twenty days after the first publication of
said notice, then all residents and taxpayers and owners of property in each participating
municipality and all other persons shall be forever barred and foreclosed from instituting
or commencing any action or proceeding in any court, or from pleading any defense to
any action or proceeding, questioning the validity or proper authorization of such bonds,
or the validity of such covenants, agreements or contracts, and said bonds, covenants,
agreements and contracts shall be conclusively deemed to be valid and binding obligations in accordance with their terms and tenor.
(February, 1965, P.A. 460, S. 7, 8; 1967, P.A. 810, S. 6, 7, 8; 1969, P.A. 424, S. 1; P.A. 85-543, S. 2, 7.)
History: 1967 act required approval of legislative body for bonds issued by authorities which are municipal departments,
required authority to "fix, charge and collect" various rates, rents, fees etc. and amended other provisions of Subsec. (a)
to reflect municipal obligations re bonds of department authorities, added exception to provisions in Subsec. (e) and added
Subsec. (g) re notice; 1969 act amended Subsec. (b) to remove six per cent interest limit; P.A. 85-543 amended Subsec.
(b) to allow for rates not determined at the time of authorization and amended Subsec. (c) concerning the manner of holding
funds' execution of reimbursement agreements.
In the discretion of the authority any bonds issued
under the provisions of sections 7-130a to 7-130w, inclusive, may be secured by a trust
indenture by way of conveyance, deed of trust or mortgage of any project or any other
property of the authority, whether or not financed in whole or in part from the proceeds
of such bonds, or by a trust agreement by and between the authority and a corporate
trustee, which may be any trust company or bank having the powers of a trust company
within or without the state or by both such conveyance, deed of trust or mortgage and
indenture or trust agreement. Such trust indenture or agreement may pledge or assign
any or all fees, rents and other charges to be received or proceeds of any contract or
contracts pledged, and may convey or mortgage any property of the authority. Such
trust indenture or agreement may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and proper and not
in violation of law, including particularly such provisions as have hereinabove been
specifically authorized to be included in any resolution or resolutions of the authority
authorizing the issue of bonds. Any bank or trust company incorporated under the laws
of the state may act as depository of the proceeds of such bonds or of revenues or other
moneys and may furnish such indemnifying bonds or pledge such securities as may be
required by the authority. Such trust indenture may set forth the rights and remedies of
the bondholders and of the trustee, and may restrict the individual right of action by
bondholders. In addition to the foregoing, such trust indenture or agreement may contain
such other provisions as the authority may deem reasonable and proper for the security
of the bondholders. All expenses incurred in carrying out the provisions of such trust
indenture or agreement may be treated as a part of the cost of a project.
(February, 1965, P.A. 460, S. 9; 1967, P.A. 810, S. 9.)
History: 1967 act substituted reference to Sec. 7-130w for reference to Sec. 7-130n.
See Sec. 7-130t re pledge or assignment of lease to secure bonds.
