[1]
Editor's Note: For a listing of Special Acts,
see Table of Special Acts immediately following the Charter.
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ANNEXING A PART OF THE TOWN OF BRANFORD
TO THE TOWN OF GUILFORD.
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Upon the petition of John B. Norton and others,
praying for the annexation of a part of the Town of Branford to the
Town of Guilford:
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Resolved by this Assembly, That all that part
of the Town of Branford lying east and south of a line commencing
at a large cedar tree on the shore of Long Island Sound, a little
southwest of the house of Nelson T. Crowell; thence, running north
five degrees west of the magnetic meridian, eighty rods, to a stake
and stones; thence, north seventeen degrees east, ninety-two and a
half rods, to a stake and stones on the south bank of the New Haven,
New London and Stonington Railroad; thence, north seventy-two and
a half degrees east, seventy-three rods, to an ancient bounds on the
line between said towns; and bounded south by said Long Island Sound;
with all the inhabitants residing thereon, be and the same is hereby
incorporated into and made a part of the Town of Guilford, and the
same is also, in like manner, annexed to and made a part of the Leete's
Island school district, in said Guilford: always provided, however,
that the jurisdiction of the fisheries in said sound waters, in front
of said territory so annexed, shall remain a part of and be subject
to said Town of Branford, as fully as if this resolution had not passed.
And this act shall take effect from and after the first day of September
next.
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Approved, June 20, 1860.
Vol. 5, Page 370. Special Laws.
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CHANGING BOUNDARY LINE BETWEEN BRANFORD
AND GUILFORD.
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Resolved by this Assembly: That all that part
of the Town of Branford lying east and south of the line commencing
at a point in the center of Hoadley's Creek, at Leete's Island, so-called,
where the present boundary line between Branford and Guilford crosses
said creek, and running southerly from said point along the center
or channel of said creek to the mouth of said creek on Long Island
Sound, with all the inhabitants residing therein, be and the same
is hereby incorporated into and made a part of the Town of Guilford,
and the same is in like manner annexed to and made a part of the Leete's
Island school district in said Guilford; provided, however, that the
jurisdiction over all the fisheries in the waters of Long Island Sound
which lie south of the territory hereby annexed, and which are now
within and under the jurisdiction of the Town of Branford, shall remain
a part of and be subject to said Town of Branford as fully as if this
resolution had not passed; and provided further, that the Town of
Guilford shall pay to the Town of Branford on or before August first,
1885, such proportion of the present indebtedness of the Town of Branford
as the assessed valuation of the taxable property in said transferred
territory bears to the whole grand list of said Branford.
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Approved, April 1, 1885.
Vol. 10, Page 104, Special Laws.
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AN ACT OF CONCERNING THE CONSTRUCTION
AND MAINTENANCE OF A FLOATING DOCK OR LANDING PLACE IN THE TOWN OF
BRANFORD.
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Be it enacted by the State and House of Representatives
in General Assembly convened:
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The Town of Branford shall construct, maintain,
and control a floating dock or landing place at or near Frink's dock,
so-called, in said town, twenty by thirty feet, or two smaller floats,
as the board of selectmen shall deem necessary, but not of less capacity,
at such distance from said dock as will enable boats drawing three
feet of water to come alongside said float at mean low water, and
shall connect the same with the main shore at the so-called Frink's
dock by two approaches, with guard rails, and suited to the rise and
fall of the tide, and shall maintain said float or landing place between
the first day of June and the first day of October of each year until
such time as an extension of the dock or dredging shall give three
feet of water at mean tow water at Frink's dock, so-called. "The selectmen
of said Town of Branford shall have authority to enact by-laws or
ordinances concerning the use, policing and control of said floating
dock and landing place, and may provide a penalty not exceeding twenty
dollars for violation of the provisions of such by-law or ordinance."
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Approved, May 29, 1901.
Vol. 13, Page 882, Special Laws. (Amended May
16, 1917, Vol. 17, Pages 1153-1154, Special Laws.)
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AN ACT CREATING A BOARD OF FIRE COMMISSIONERS
IN THE TOWN OF BRANFORD.
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Be it enacted by the Senate and House of Representatives
in General Assembly convened:
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SECTION 1 — There
shall be a board of fire commissioners in the Town of Branford which
shall consist of six electors of said town to be appointed by the
selectmen within one month from the passage of this act. Two of said
fire commissioners shall serve until February 1, 1926, two until February
1, 1925, and two until February 1, 1924. In the month of January,
1924, and annually thereafter, the selectmen shall appoint two fire
commissioners to serve for the term of three years from February first
in the year of their respective appointment and until their successors
are appointed and qualified. The first selectman shall be chairman
ex-officio[1] of said board and shall vote only in case of a tie. Each
of said commissioners shall be sworn to the faithful performance of
his duties and not more than three members of said board shall at
the same time be members of the same political party.
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Said board shall make an annual report to the
selectmen which shall be published in the annual report of the Town,
The members of said board shall serve without compensation but the
necessary expenses of the board, upon approval by a majority of the
selectmen, shall be paid by the Town.
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SECTION 2 — Said
board of fire commissioners is authorized to organize and maintain
a fire department, to make all necessary rules and regulations for
the control of the same and the discipline of the members thereof.
The control of all apparatus, equipment and buildings owned and used
by said town for fire purposes shall be under its control and management.
Said board shall appoint such officers and firemen in said town as
may be necessary.
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SECTION 3 — Any
person appointed an officer or fireman under the provisions of this
act shall remain in office until removed for cause, which cause shall
be only such as affects his efficiency as an officer or a fireman.
If charges are filed against any officer or fireman, the same shall
be in writing and such officer or fireman may file any proper answer
thereto and action shall not be taken upon such charges until after
reasonable notice thereof and an opportunity afforded such officer
or fireman to appear before the board and be heard concerning the
same.
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SECTION 4 — Said
board shall have exclusive jurisdiction of the hydrants used for fire
purposes and the location of the same and may make suitable ordinances
for their protection and care. It is authorized to license, regulate
or prohibit the manufacture, keeping, sale or use of fireworks, torpedoes,
firecrackers, gunpowder, petroleum, gasoline or any other explosive
or inflammable substance or the conveyance thereof in or through any
portion of said town.
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SECTION 5 — Before passing any regulations concerning the manufacture, keeping, sale or use of any article mentioned in section 4 of this act, said board shall give to the citizens of said town a reasonable opportunity to be heard in reference thereto at a meeting of said board, notice of which meeting shall be given by publishing such proposed rules and regulations and the time and place of hearing thereon, in some newspaper published in said town at least five days before the time of such meeting, which meeting may be adjourned from time to time.
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SECTION 6 — Any person violating any rule or regulation made by said board under the provisions of sections 4 and of this act shall be fined not more than fifty dollars.
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Approved, March 6, 1923.
Vol. 19 Pages 32-33 Special Laws
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[1]
Editor's Note: So in original.
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AN ACT CREATING A BOARD OF FINANCE IN
THE TOWN OF BRANFORD.
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Be it enacted by the Senate and House of Representatives
in General Assembly convened:
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SECTION 1 — There
shall be in the Town of Branford a board of finance consisting of
six electors of said town who shall hold no other office in said town
government and who shall be taxpers[1] in said town. Three members of said board shall be appointed
from each of the two political parties polling, respectively, the
highest and the next highest number of votes for governor at the last
state election. The members of the board shall be sworn to the faithful
performance of their duties and no member shall receive compensation
for his services, but the necessary expenses of the board shall be
paid by the Town.
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SECTION 2 — The
present members of the board of finance shall hold office during the
respective terms for which they are appointed and in July, 1923, and
in each July thereafter, the selectmen shall appoint two members of
said board for a term of three years from the first day of August
next succeeding, one member to be from each of the two political parties
polling respectively, the highest and the next highest number of votes
for governor at the last state election. In case of a vacancy in said
board the selectmen shall forthwith appoint a successor for the remainder
of the term. The members of said board shall hold office during the
time for which they are appointed and until their successors are appointed
and have qualified.
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SECTION 3 — The
first selectman of the Town shall be a member, ex-officio,[2] of said board and shall preside at all meetings at which
he is present but shall have no vote except in case of a tie. The
town clerk shall be clerk of the board and shall receive such compensation
for his services as may be determined by vote of the board. Said clerk
shall be sworn to the faithful performance of his duties, shall keep
a record of all meetings of said board, shall attend the adjourned
annual town meeting and keep a record of all votes passed, and shall
report to the selectmen and town treasurer all appropriations and
transfers made in accordance with this act.
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SECTION 4 — The
board may hold such regular and special meetings as may be advisable,
at any time, on reasonable personal notice to the members thereof
or on written or printed notice sent to the residence of each member
at least twenty-four hours before the time of holding such meeting.
The clerk of the board shall issue a call for a special meeting either
at the direction of the chairman of the board or upon written request
of any two members thereof.
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SECTION 5 — Not
less than two weeks before the annual town meeting said board shall
hold a public meeting, which may adjourn from time to time, at which
itemized estimates of the expenditures of the Town for the ensuing
fiscal year shall be presented and shall give notice to each board
or department of the Town of the time and place of meeting to consider
the needs of such board or department. After such public hearing,
the board shall hold an executive session, at which it shall consider
the estimates so presented and any other matter brought to its attention,
and shall thereupon prepare an estimate and recommendation of the
amount of money necessary to be appropriated for the expenses of the
Town for the ensuing fiscal year. Such estimate shall include the
amount of revenue to be received during the ensuing year from all
sources except that of taxes to be raised on the grand list next to
be completed and such statement shall also contain an itemized list
of the debts and obligations of the Town. Such estimates shall be
filed in the Town clerk's office on or before the twentieth day of
September in each year and shall be included in the printed report
of the Town. Such estimate, with the recommendation of the finance
board, shall be submitted in the odd numbered years to the adjourned
annual town meeting next thereafter to be held on the second Monday
of October[3] at the usual time and place for holding meetings in said
town and in the even numbered years to the annual town meeting next
thereafter to be held on the second Monday of October at the usual
time and place for holding meetings in said town. Said meeting shall
take action upon such estimate and recommendation and make such specific
appropriations as may appear advisable, but no appropriation shall
be made exceeding the amount recommended for such purpose by said
board and no appropriation shall be made for any purpose not recommended
by said board.
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SECTION 6 — Immediately
after the grand list shall have been completed, the board of finance
shall meet and lay such tax as shall be sufficient, in addition to
the other estimated yearly income of the Town, to pay the expenses
of the Town for the current year.
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SECTION 7 — If
the electors of such town shall, at a legal meeting held for such
purpose, vote to issue or authorize the issue of bonds, the interest
on such bonds and an annual appropriation for a sinking fund sufficient
to pay the same at maturity shall be included in the budget as a fixed
charge.
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SECTION 8 — The
board shall have power to transfer any unexpended balance from one
appropriation to another, but no amount appropriated for any purpose,
whether general or special, shall be used or appropriated for any
other purpose unless the same shall be recommended by said board.
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SECTION 9 — If
a special appropriation shall be required for any purpose, an estimate
of the same shall be prepared and submitted to said board of finance
at a special meeting called for that purpose, and said board at such
meeting, or any adjournment thereof, shall have power to make any
such appropriation and to lay a special tax to meet the same; but
no such appropriation shall be made unless a special tax is laid sufficient
to cover the amount when such appropriation is in excess of the unappropriated
revenue of said town. Such appropriations and the rate of taxation
so recommended shall be submitted by the board of selectmen to a special
town meeting called for that purpose, and said special town meeting
shall have the power to decrease the appropriations or any item thereof,
or the rate of taxation recommended by said board of finance, or said
special town meeting may vote not to make such appropriation or levy
such special tax, but in no case shall any special town meeting have
power to increase any special appropriation or any rate of taxation
recommended by said board of finance. The provisions of this section
shall not be construed as applying to any appropriation or expenditure
which is to be met by the proceeds of a bond or note issue, and which
shall have been recommended by said board of finance and authorized
by a vote of a town meeting called for that purpose.
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(Section 9. As amended, April 27, 1939. Vol. 23, Page 140 Special Laws.)
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SECTION 10 — Except
as otherwise provided by law, no officer of the Town shall draw any
order upon the treasurer unless there shall have been appropriated
sufficient money for the object for which such order is drawn, and
each order shall designate the object for which and the account upon
which it is drawn. The town treasurer, unless otherwise provided by
law, shall not pay any order unless there shall have been sufficient
funds appropriated for such object.
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SECTION 11 — Any officer of said town who shall violate any provision of section 10 of this act shall be subject to the penalties provided in section 58 of the general statutes.
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SECTION 12 — An
act creating a department of finance in the Town of Branford, approved
May 14, 1907, as amended by an act approved May 21, 1919, is repealed.
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Approved, May 1, 1923.
Vol. 19 Pages 106-108 Special Laws
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AN ACT AMENDING AN ACT CREATING A BOARD
OF FINANCE IN THE TOWN OF BRANFORD.
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Be it enacted by the Senate and House of Representatives
in General Assembly convened:
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The board of finance of the Town of Branford
shall have charge of the investment and control of all sinking funds,
amortization funds, deposit funds and all other trust funds which
shall have been placed in the hands of the Town of Branford for some
special purpose. Said board shall keep all necessary books and records,
which shall be open, during business hours, to the inspection of the
selectmen and town treasurer. The town treasurer shall have the custody
of all cash, stocks, bonds and other property belonging to any said
funds and shall keep said funds separate and distinct from all other
funds and property of the Town of Branford and shall only invest or
dispose of said funds or any part thereof upon the written order of
said board. A special report of the condition and investment of each
of said funds shall be made and published in the annual report of
the Town of Branford.
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Approved, July 13, 1925.
Vol. 19 Page 882 Special Laws
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AN ACT PROVIDING FOR A FIREMEN'S RELIEF
FUND IN THE TOWN OF BRANFORD AND FOR THE CONTROL OF THE INSTALLATION
OF OIL BURNERS IN SAID TOWN BY THE BOARD OF FIRE COMMISSIONERS.
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Be it enacted by the Senate and House of Representatives
in General Assembly convened:
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SECTION 1 — There
shall be in the Town of Branford, a fund to be known as the firemen's
relief fund of the Town of Branford, which shall consist of monies
received as gifts and donations from other sources and monies which
may be appropriated to said fund by said town. Said town is authorized
to make appropriations to said fund, from time to time.
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SECTION 2 — The
board of fire commissioners of said town shall administer said fund
and make such rules and regulations relating thereto as it shall deem
advisable.
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SECTION 3 — Said
board of fire commissioners shall have exclusive control of the installation
of oil burners in the Town of Branford.
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Approved, May 24, 1927.
Vol. 20 Page 425 Special Laws
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AN ACT CREATING A BOARD OF POLICE COMMISSIONERS
IN THE TOWN OF BRANFORD.
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Be it enacted by the Senate and House of Representatives
in General Assembly convened:
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SECTION 1 — There
shall be a board of police commissioners in the Town of Branford which
shall consist of six electors of said town to be appointed by the
selectmen within one month from the passage of this act. Two of said
police commissioners shall serve until February 1, 1932, two until
February 1, 1931, and two until February 1, 1930. In the month of
January, 1930, and annually thereafter, the selectmen shall appoint
two police commissioners to serve for the term of three years from
February first in the year of their respective appointments and until
their successors shall be appointed and shall have qualified. The
first selectman shall be chairman, ex-officio,_ of said board and
shall vote only in case of a tie. Each of said commissioners shall
be sworn to the faithful performance of his duties and not more than
three members of said board shall, at the same time, be members of
the same political party. Said board shall make an annual report to
the selectmen which shall be published in the annual report of the
Town. Said board of selectmen shall have power to fill any vacancy
on said board. The members of said board shall serve without compensation,
but the necessary expenses of the board, upon approval by a majority
of the selectmen, shall be paid by the Town. Meetings may be called
by the chairman of the board or a majority of the members of the board.
A majority of the members shall constitute a quorum.
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SECTION 2 — Said
board of police commissioners is authorized to organize and maintain
a police department and make all necessary rules and regulations for
the control of the same and the discipline of the members thereof.
The control of all apparatus, equipment and buildings owned and used
by said town for police purposes shall be under its control and management.
Said board shall appoint such officers and policemen in said town
as may be necessary. Such officers and policemen shall have the authority
and perform all the duties delegated to town constables in criminal
matters. Said board shall have authority to make such educational
and physical tests as it may deem necessary.
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SECTION 3 — Any
person appointed an officer or policeman under the provisions of this
act shall remain in office until removed for cause, which cause shall
be only such as affects his efficiency as an officer or a patrolman,
provided any officer may be promoted or demoted by a majority vote
of the commissioners. If charges shall be filed against any officer
or policeman, the same shall be in writing and such officer or policeman
may file any proper answer thereto and action shall not be taken upon
such charges until after reasonable notice thereof and an opportunity
afforded such officer or policeman to appear before the board and
be heard concerning the same. After such hearing, the action of the
police commissioners shall be final and there shall be no appeal therefrom.
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SECTION 7 — In
the event of the arrest of any person upon a criminal charge not punishable
by imprisonment in state prison, the chief of other officer in charge
of the office of said department in the Town of Branford may take
the bonds of the accused to the treasurer of the Town of Branford,
to an amount not less than fifty dollars with sufficient surety for
his appearance before the Town court of Branford, to abide the order
and judgment of said court. When any person shall be arrested, charged
with a misdemeanor, said chief or other officer in charge may accept
cash as bail. In case of the forfeiture of such bail, such cash so
accepted shall be forfeited to the Town of Branford and shall be paid
to the clerk of the Town court of Branford.
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Approved June 3, 1929.
Vol. 20, Pages 852-853 Special Laws
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AN ACT CONCERNING THE BOARD OF POLICE
COMMISSIONERS OF THE TOWN OF BRANFORD.
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Be it enacted by the Senate and House of Representatives
in General Assembly convened:
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SECTION 1 — The
board of police commissioners of the Town of Branford shall have,
within the limits of said town, authority to organize, maintain and
equip, and shall organize, maintain and equip, a suitable police department
for said town and shall make all necessary rules and regulations for
the control of the same and the discipline of the members thereof.
The control of all apparatus, equipment and buildings owned and used
by said town for police purposes shall be under its control and management
Said board shall appoint such officers and policemen in said town
as may be necessary. Such officers and policemen shall have all the
authority in criminal matters which town constables have and may perform
all duties which town constables may perform. Said board shall have
authority to make such educational and physical tests as it may deem
necessary.
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SECTION 2 — Section 4 of number 270 of the special acts of 1929 is amended to read as follows: The board of police commissioners of the Town of Branford shall have jurisdiction within the Town of the parking of motor vehicles upon the highways of said town and of such regulations concerning traffic by motor vehicles on its highways as are not inconsistent with the provisions of the general statutes.
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SECTION 3 — Section 5 of said act is repealed.
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Approved June 9, 1933.
Vol. 21, Page 1103 Special Laws
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AN ACT VALIDATING ACTS AND DEEDS, VALID
EXCEPT FOR CERTAIN IRREGULARITIES AND OMISSIONS.
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SECTIONS 1 — 20 .....
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SECTION 21 — The
sale or conveyance of any common or undivided land by the selectmen
of the Town of Branford during the term of their office when there
was at the time no proprietors' committee of common or undivided lands
in said town, and otherwise valid except that, at a town meeting of
said town held after such sale or conveyance, a vote was passed denying
the validity of such sales or conveyances, and pursuant to said vote
a notation was entered on the margin of the record of such deeds of
sale or conveyance in the Town clerk's records of said town, are validated
and no cloud on the title of any land acquired by such sales or conveyances
shall exist because of the notation of such vote on the land records
of said town, provided a certified copy of this section shall be filed
for record in the office of the Town clerk of said town on or before
January 1, 1938.
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SECTIONS 22 — 24 .....
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Approved, June 9, 1937.
Vol. 22, Page 849, Special Laws.
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AN ACT CREATING A DEPARTMENT OF SOCIAL
WELFARE IN THE TOWN OF BRANFORD.
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Be it enacted by the Senate and House of Representatives
in General Assembly convened:
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SECTION 1 — There
shall be, in the Town of Branford, a department of social welfare,
which shall be charged with the care of the poor of said town, matters
pertaining to public assistance and social welfare; and the powers
and duties pertaining to the office of selectmen relating to the above
purposes, except as herein provided, are transferred to said department;
but the provisions of this act shall not affect the powers and duties
of the selectmen in respect to the appointment and supervision of
conservators, guardians and overseers, the commitment of insane persons
and indigent or imbecile children to proper institutions, the indenture
of apprentices, the giving of children in adoption, the education
of children, the collection and return of statistics of the deaf,
dumb and blind and prosecutions for bastardy.
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SECTION 2 — The
board of selectmen of said town shall appoint a supervisor of the
department of social welfare who shall be a qualified social worker
and may dismiss such supervisor for cause. Other necessary personnel
of the department, not to exceed four members, may be appointed and
dismissed by the supervisor with the approval of the board of selectmen
of said town.
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SECTION 3 — All
decisions of matters pertaining to the department shall be made by
the supervisor and all orders or other commitments shall be made by
the supervisor or upon the written order of the supervisor, provided
no action as to a pauper's settlement of this or any other town or
the liability of this or any other town, for the relief or care of
a pauper shall be binding upon this town without the written concurrence
of the board of selectmen. The supervisor shall keep or cause to be
kept all necessary records and make all reports required of the department,
and particularly an annual report to be published with the annual
report of the Town. Said supervisor may make necessary rules and regulations
for the conduct of the affairs of the department.
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SECTION 4 — The
salary of the supervisor and the salary or other compensation of any
additional personnel shall be determined in advance by the board of
finance.
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SECTION 5 — Number
73 of the special acts of 1915 is repealed.
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Approved, June 24, 1941.
Vol. 23, Pages 1097-1098, Special Laws.
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AN ACT CONCERNING VOTING DISTRICTS IN
THE TOWN OF BRANFORD.
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SECTION 1 — An
act dividing the Town of Branford into voting districts, approved
July 15, 1874, as amended by number 105 of the special acts of 1921
and number 106 of the special acts of 1923, is repealed, provided
the voting districts of said town shall remain as constituted prior
to the passage of this act until the legislative body of said town
has established voting districts therein in accordance with section
1052 of the general statutes.
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SECTION 2 — At
the Town election to be held on the first Monday of October, 1953,
and biennially thereafter, two registrars of voters shall be elected
for said town. Said registrars shall take office on the first day
of January next succeeding their election and shall hold office for
the term of two years and until their successors are duly elected
and qualified. Said registrars may appoint deputies and assistants
for each of the voting districts of said town, as provided by the
general statutes.
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Approved, May 19, 1953.
Vol. 26, Page 893, Special Laws.
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AN ACT CONCERNING GARBAGE AND REFUSE COLLECTION
IN THE TOWN OF BRANFORD.
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The Town of Branford may, by ordinance, provide
for the collection of ashes, garbage, rubbish, waste material or other
refuse matter in said town and may make appropriations for such purpose,
provided this act is approved by a majority vote of the following:
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   1. Those eligible to
vote in meetings in the Borough of Branford.
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   2. The members of such
associations within the Town and borough as have power by special
act to provide for the collection and regulation of the disposal of
either garbage, ashes, waste material or other refuse.
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   3. The legal voters of
any district within the Town or borough organized under chapter 35
of the general statutes and those voting in town meetings under section
209d of the 1956 supplement in the Town of Branford, present and voting
separately at special meetings duly warned and held for such purpose
within twelve months after the passage of this act. Upon such approval,
and the enactment of the ordinance for the purposes as provided herein,
the Town of Branford shall assume the responsibility for the collection
and disposal of such ashes, garbage, waste material or other refuse
matter within the limits of said Town of Branford including the Borough
of Branford and of such associations and districts within said town
and borough and all rights, powers and duties of said borough and
of such associations, districts, or of any board, committee or officer,
employees or agents thereof in regard only as to the purposes of the
collection and disposal of ashes, garbage, waste material or other
refuse matter, shall cease and terminate. Any association, district,
the borough, or the Town having the power to approve this act in the
manner and as provided herein, not exercising such right of approval
or reporting approval or disapproval thereof to the Town clerk of
Branford within said twelve month period after the passage of this
act, shall be deemed to have approved of the same.
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Approved, April 25, 1957.
Vol. 28, Pages 144-145, Special Laws.
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AN ACT CONCERNING THE ESTABLISHMENT OF
A POLICE RETIREMENT FUND IN THE TOWN OF BRANFORD.
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SECTION 1 — The
Town of Branford is authorized to establish a police retirement fund.
The board of police commissioners and the first selectman of said
town shall be ex-officio[1] trustees of said fund. Said board shall have power to
make such rules and regulations as may be necessary for the administration
of said fund, and shall appoint a clerk of said fund and define his
duties and supervise, by and with the advice of the board of finance
of said town, the investment and reinvestment of said fund in such
investments and in the same manner as funds held in trust funds may
be invested.
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SECTION 2 — Regular members of the department shall be eligible to participate in this fund but supernumeraries, school guards and auxiliary police are not to be considered regular members and are not eligible to participate in this fund nor receive any benefits from it except as provided in section 8 herein.
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SECTION 3 — Each
regular member of the police department of the Town of Branford upon
the effective date of this act shall become a participating member
of said retirement fund unless on or before thirty days after this
act shall become effective, he sends a written notice to the police
commissioners of said town stating he does not desire to become a
member. The years of service of those who are regular members of the
department upon the effective date of this act shall count for retirement,
but after the effective date, only years of service while participating
in the fund shall be counted toward retirement.
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SECTION 4 — Said
fund shall consist of all bequests or donations made to the police
department of said town or to the trustees of said fund; all moneys
or property presented to any participating regular member of said
department because of special or meritorious services, except such
as by vote of said board may be retained by such participating regular
member; quarterly or monthly assessments upon the salaries of any
such participating regular member not to exceed five percent per annum,
as the trustees shall determine; such sums of money as are appropriated
by the board of finance of said town for said fund; money realized
from the sale of lost, abandoned, or forfeited property in the hands
of the police department and any unclaimed money remaining in the
hands of such department for a period of one year or more, the owner
of which is unknown, and which property does not by law escheat to
the state.
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SECTION 5 — The
treasurer of the Town of Branford shall be treasurer of said fund.
He shall receive, disburse, invest or reinvest said funds as the trustees,
by and with the advice of the board of finance, direct. Said treasurer
shall, annually, on or before the second Monday of October, make a
report to said board of the account of said fund in his hands and
the manner in which the same is invested, with a statement of the
receipts and disbursements for the year preceding the first day of
September, and said report shall be published by the selectmen in
the annual report Said treasurer shall give such bond for the security
of said fund and for the faithful performance of his duty as the trustees
shall require.
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SECTION 6.
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   a.  When any participating
regular member of the police department of said town has served for
a period of twenty-five years or more as a regular member of said
police department and shall have attained the age of fifty-five years,
he shall, upon his request in writing, be retired by the board of
police commissioners and, when he is so retired, the trustees of the
police retirement fund shall thereupon pay to such member, during
his life, a sum equal to one-half of his annual salary at the time
of his retirement, or one-half of the highest annual salary earned
by said participating regular member during the five years next preceding
the time of his retirement, whichever sum is greater, in monthly instalments;[2] provided no such participating regular member so retired
shall receive less than two thousand dollars per annum. In addition
thereto any such participating regular member of the police department
who has served more than twenty-five years in the police department
shall receive an additional two percent of his basic salary at the
time of his retirement for each year over and above said twenty-five
years of service, but in no event shall his pension exceed two-thirds
of his basic salary at the time of his retirement. Social security
benefits being received by the participating regular member shall
first be credited against the total pension due.
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   b.  When any participating
regular member of the police department of the Town of Branford shall,
in the regular performance of police duty and without wilful cause
or wanton misconduct on his part, have become totally and permanently
incapacitated for further police duty, the board of police commissioners
shall cause such participating regular member of the police department
to be examined by three reputable physicians, one to be selected by
such member, one to be selected by the board of police commissioners
and the third to be chosen by two physicians selected as hereinbefore
set forth; and, if at least two of such physicians shall certify,
in writing, that such participating regular member of the police department
so examined is so incapacitated for further police duty, said board
of police commissioners shall place such participating regular member
of the police department on the retirement list, and the trustees
of the police retirement fund shall thereupon pay to such participating
regular member of the police department so retired, during his life,
while so incapacitated a sum equal to one-half of his annual salary
at the time of his retirement, or one-half of the highest annual salary
earned by said member during the five years next preceding the time
of his retirement, whichever sum is greater, in monthly installments;
provided no such member so retired shall receive less than two thousand
dollars per annum. In addition thereto any such participating regular
member who has served more than twenty-five years in the police department
shall receive an additional two percent of his basic salary at the
time of his retirement for each year over and above said twenty-five
years of service, but in no event shall his pension exceed two-thirds
of his basic salary at the time of his retirement. The board of police
commissioners may from time to time cause such member to be reexamined
in the same manner as provided herein for the original examination,
and so long as the physicians continue to certify that such member
remains totally and permanently incapacitated for police duty, said
payments shall continue. Social security benefits, and any compensation
under the provisions of the general statutes as amended relating to
workmen's compensation, if being received by the participating member
shall first be credited against the total pension due.
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   c.  When any participating
regular member of the police department attains sixty-five years of
age, the board of police commissioners shall place such participating
regular member of the police department on the retirement list, and
the trustees of the police retirement fund shall thereupon pay to
such participating regular member of the police department so retired,
during his life, a sum equal to one-half of his annual salary at the
time of his retirement, or one-half of the highest annual salary earned
by said participating regular member during the five years next preceding
the time of his retirement, whichever sum is greater, in monthly installments;
provided no such member so retired shall receive less than two thousand
dollars per annum. In addition thereto any such member who has served
more than twenty-five years in the police department shall receive
an additional two percent of his basic salary at the time of his retirement
for each year over and above the said twenty-five years of service,
but in no event shall his pension exceed two-thirds of his basic salary
at the time of his retirement. Social security benefits, if being
received by the participating regular member, shall first be credited
against the total pension due.
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SECTION 7 — The
board of finance of said town shall, when making up recommendations
for appropriations for the various departments of said town for each
year, appropriate such sum or sums as are needed to carry out the
purposes of this act. The selectmen of said town are authorized, on
or before the first day of November in each year, to pay to the treasurer
of the police retirement fund, the money so appropriated by said board
of finance.
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SECTION 8 — The widow of any participating member, who is in active service at the time of his death, and qualified to receive benefits under section 6 of this act, at the time of his death, shall receive, until her death or remarriage, a monthly sum equal to one-half of the monthly pension for which such member had qualified, but if such member was retired, the widow shall receive a monthly sum equal to one-half of the monthly pension being received by such member at the time of his death. There shall be paid to the widow of a participating regular member who has not qualified for pension benefits and to the widow or widower of supernumeraries and school guards hired by the Town, who shall have been killed while in the actual performance of duty or shall have died from the proximate effects of any injury sustained while in the actual discharge of such duty, irrespective of the length of service of such member at the time of his death or failure to participate in said fund, a monthly sum equal to one-fourth of the monthly salary being earned by said member at the time of his or her death. In any of the above cases, upon the death of such widow or widower before or after remarriage, leaving a child or children of such deceased member, under the age of eighteen years, the board of police commissioners, by a majority vote, may cause to be paid monthly, to the legally appointed guardian of such child or children for his or their use and benefit, a sum or sums not exceeding in the aggregate the amount hereinbefore provided to be received by such widow or widower, and may, from time to time, apportion such sums between or among such children as it may deem best provided, as each such child arrives at the age of eighteen years, the payments to such child shall cease. Any compensation under the provisions of the general statutes relating to workmen's compensation and any social security benefits being received by such widow, widower or children shall first be credited against the total pension due said widow, widower or children. As used in this section, the term "widow," in reference to a participating regular member, shall mean the surviving wife of such member who was living with him at the time of his death or, if not so living with him, was absent by reason of his fault, and who, if such member was retired was married to him prior to his retirement and the term "widow or widower," in reference to a supernumerary or school guard shall mean the surviving spouse of such supernumerary or guard who was living with him or her at the time of his or her death or, if not so living with him or her, was absent by reason of his or her fault. The term "child or children," as used in this section, shall be limited in its meaning to the child or children born, either before or after the death of such participating regular member, supernumerary or guard to such member, supernumerary or guard and his or her spouse, provided if any such participating regular member was retired, such wife shall have been married to him prior to his retirement from such department.
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SECTION 9 — All
pensions herein provided for shall be based on the salaries being
paid at the time of retirement, and in the event of an increase in
the salaries of the positions covered by this act, all pensions then
being paid thereunder shall be increased to the amount that said pensions
would have been had said increase been in effect at the time of his
retirement.
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SECTION 10 — Upon
termination of the services of a participating regular member for
any cause before qualifying for any retirement benefit, such member's
contributions to the pension fund with interest thereon at the rate
to be determined by the trustees to the date of termination shall
be returned to the member or his designated beneficiary or estate.
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SECTION 11 — The
board may enter into a contract with any insurance company authorized
to transact business in Connecticut to insure the entire police retirement
system or such portion thereof as the board shall deem advisable;
provided any such contract, before actually being consummated, shall
be approved by a majority vote of the board of selectmen. All premiums
paid to any insurance company under this section shall be paid out
of the funds received by said board from members and from the Town,
as hereinbefore provided.
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SECTION 12 — The
right of any person to a pension or to the return of contributions,
any benefit or right accrued or accruing to any person under the provisions
of this act, and the cash and securities held under this act, shall
be exempt from any state or municipal tax, and exempt from levy and
sale, garnishment, attachment or any other process, and shall be unassignable.
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SECTION 13 — The provisions of this act may be amended at any time by the Town of Branford at a town meeting specially called for that purpose, provided such amendment shall be in accordance with requirements and procedure established by the general statutes concerning local action on charters and special acts, as the same may be from time to time amended, but such amendment shall not adversely affect the rights of those members who, at the date of adoption thereof, had already retired, reached their normal retirement date or were entitled to pension benefits hereunder for retirement by reason of accidental disability nor to those persons described in section 8 of this act who were entitled to benefits hereunder. In the event of amendment, the rights of participating regular members who have not retired or reached their normal or accidental disability retirement date shall be as provided by this act as amended.
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SECTION 14 — This
act shall not take effect unless it is approved by a majority vote
of the electors and those qualified to vote under section 209d of
the 1955 supplement to the general statutes, present and voting at
a referendum called for that purpose by the first selectman on or
before the first day of August 1957, which referendum shall be conducted
and the results determined in the manner provided for town elections,
and if so approved shall become effective on the first day of the
fiscal year of the Town of Branford next following said referendum.
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Approved June 4, 1957.
Approved: Date of vote, July 30, 1957. Vote
for, 628. Vote against, 114.
Vol. 28. Pages 647-653, Special Laws.
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[House Bill No. 2369.]
[258.]
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AN ACT TO INCLUDE BRUSHY PLAIN ROAD AND
CEDAR STREET IN THE TRUNK LINE SYSTEM.
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The highway commissioner shall take and maintain
as part of the trunk line system Brushy Plain road and Cedar street
in the Town of Branford, provided the governing authority of the Town
of Branford shall execute an agreement with said highway commissioner
for maintenance by the Town of those parts of state roads 445 and
143 which now are state maintained.
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Approved June 11, 1959.
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[House Bill No. 3823.]
[281.]
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AN ACT AMENDING AN ACT ESTABLISHING THE
TOWN COURT OF BRANFORD.
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SECTION 1. Section 14 of number
304 of the special acts of 1897 is amended to read as follows: The
judge of said court shall appoint some reputable citizen residing
within said town of Branford as clerk of said court. Such clerk shall
be sworn to the faithful performance of his duties, shall receive
the files, processes and documents returnable to said court, shall
make records of all proceedings required to be recorded, shall have
custody of the files and records of the court, shall make and keep
dockets of causes therein, shall issue execution in judgments, shall
collect and receive all fines and forfeitures imposed or ordered by
the court, including fines paid after commitment, shall pay all fines
and other sums coming into his hands into the Town treasury, shall
perform all duties as clerk of the small claims court of Branford
and shall perform all other duties imposed on him by law.
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SEC. 2. Section 17 of number 304 of the special acts of 1897, as amended by section 2 of number 1 of the special acts of 1925, as amended by section 1 of number 329 of the special acts of 1947, as amended by section 1 of number 204 of the special acts of 1953, is amended to read as follows: The judge of said town court shall receive a salary of two thousand five hundred dollars per annum. The deputy judge of said town court shall receive a salary of two thousand five hundred dollars per annum. The clerk of said court shall receive a salary of two thousand five hundred dollars per annum. The prosecuting attorney shall receive a salary of three thousand dollars per annum and the assistant prosecuting attorney shall receive a salary of six hundred dollars per annum. The salary and compensation provided in this act shall be in lieu of all fees whatsoever for the service of said officers arising from their proceedings in said town court and shall be paid monthly from the treasury of said town of Branford upon the order of the judge of said court.
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SEC. 3. This act shall take effect
July 1, 1959.
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Approved June 12, 1959.
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[House Bill No. 2693.]
[542.]
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AN ACT CONCERNING THE INSTALLATION OF
A TRAFFIC LIGHT IN BRANFORD.
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The state traffic commission shall install a
traffic light at the intersection of Kirkham and West Main Streets
in the Town of Branford.
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Approved June 29, 1959.
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[House Bill No. 4483.]
[290.]
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AN ACT CONCERNING CONVEYANCE OF STATE
LAND TO THE TOWN OF BRANFORD.
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The state treasurer is authorized to convey
to the Town of Branford the following-described land of the state,
located in said town and required by said town for highway construction
purposes: Starting at the northwest property corner-pipe of property
now or formerly of Michael Desi and Montowese Street and proceeding
Northwesterly straight a distance of 72.04 feet on the east street
line of Montowese Street. Thence proceeding thirty feet parallel with
centerline of Pine Orchard Road as shown on map entitled "Pine Orchard
Road over Branford River" prepared by the office of the Town engineer
dated December, 1960 to a point a distance of 244.86 feet to the intersection
of this arc and the southerly property line. Thence proceeding to
the starting point a distance of 242.38 feet along said southerly
property line to Montowese Street.
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Approved June 14, 1961.
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[House Bill No. 4304.]
[132.]
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AN ACT AMENDING THE CHARTER OF THE BRANFORD
CEMETERY ASSOCIATION, CONCERNING ITS PROPERTY HOLDINGS.
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Section 2 of number 196 of the special acts of 1923 is amended to read as follows: The Branford Cemetery Association is authorized to hold in trust personal property not exceeding the sum of five hundred thousand dollars, the income from which shall be used for cemetery purposes.
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Approved June 2, 1967.
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[House Bill No. 8993]
Special Act No. 73-91
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AN ACT PROVIDING FOR A FEASIBILITY STUDY
OF AN EAST SHORE CAREER EDUCATION CENTER.
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Be it enacted by the Senate and House of Representatives
in General Assembly convened:
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(NEW) The state board of education and the Connecticut
State Advisory Council on Vocational Education shall conduct a feasibility
study with respect to an East Shore Career Education Center to serve
the Towns of Branford, East Haven, North Branford and Guilford and
report the results thereof, with recommendations, to the governor
and the general assembly on or before February 15, 1974.
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Approved June 11, 1973
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[Substitute Senate Bill No. 1120]
Special Act No. 87-32
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AN ACT EXEMPTING CERTAIN TOWNS FROM REIMBURSING
THE STATE FOR THE PROVISION OF POTABLE WATER.
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Notwithstanding any provision of subsection
(b) of section 22a-471 of the general statutes, the Towns of Branford,
East Windsor, Ellington, Enfield, Farmington, Glastonbury, Simsbury,
Somers and Suffield shall not be required to reimburse the commissioner
of environmental protection for any funds expended for the construction
of cost-effective water main extensions or filter systems or (2) the
long term provision of potable water which are not recovered by said
commissioner from the parties responsible for contamination of wells
in said towns with the pesticide EDB or Vorlex.
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Approved June 2, 1987
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