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City of Norwalk, CT
Sunday, November 19, 2017

Chapter 1. Charter and Related Laws

ARTICLE I. General

§ 1-1. Body politic and corporate.

(Sp. Laws 1913, No. 352, § 1.)
All the electors of this state, inhabitants of the Town of Norwalk, are hereby declared to be a body politic and corporate under the name of the City of Norwalk, and by that name they and their successors shall be capable of suing and being sued, pleading and being impleaded in all courts, and of purchasing, holding and conveying any estate, real or personal. Said city may have a common seal and alter the same at pleasure.[1]
[1]
Editor's Note: See Ch. 7, Administration, §§ 7-9, 7-10 for designation and custody of seal.

§ 1-2. Territorial limits of the City of Norwalk.

(Sp. Laws 1913, No. 352, § 2.)
The territorial limits of the City of Norwalk shall be the same as those of the Town of Norwalk as the same exist at the passage of this act, and the boundaries of said town as they so exist shall be the boundaries of said city.

§ 1-2.1. Council districts established.

(Sp. Laws 1969, No. 186, No. 283, § 1; Charter Amendment 11-7-1972.)
The City of Norwalk is divided into five council districts as hereinafter set forth. The Common Council of the City of Norwalk shall designate such council districts, by letter or number, as it shall deem proper. There shall be two Councilmen elected from each of said Council districts and Councilmen-at-Large elected from the City of Norwalk equivalent in number to the number of council districts as they may exist from time to time. The electors shall vote in the council district wherein they reside. The districts for the election of District Commissioners and other district officers shall be the same as the taxing districts as set forth in the Charter of the City of Norwalk.
District D, to consist of that portion of Norwalk lying north of a line beginning at the Norwalk-New Canaan town line in the center line of Carter Street and continuing southerly to and along the center line of Ponus Avenue to the intersection of Beau Street and continuing southerly along the center line of Beau Street to the intersection of Ingleside Avenue, and continuing easterly along the center line of Ingelside Avenue to the intersection of Spring Hill Avenue and continuing northerly along the center line of Spring Hill Avenue to the intersection of Ponus Avenue and continuing easterly along the center line of Ponus Avenue to the division line of the First and Fifth Taxing Districts; thence northerly along the center line of the Silvermine River to the intersection of Broad Street; thence easterly along the center line of Broad Street to the intersection of Main Street; thence southerly along the center line of Main Street to the division line of the First and Fifth Taxing Districts; thence easterly along the division line of said taxing districts to the intersection of Rainbow Road and continuing northerly along the center line of Rainbow Road to the intersection of Buttonball Trail; thence easterly along the center line of Buttonball Trail to the intersection of Jarvis Street and continuing northerly along the center line of Jarvis Street to the intersection of West Rocks Road; thence southerly along the center line of West Rocks Road to the intersection of Glendenning Street; thence easterly along the center line of Glendenning Street to the division line of the First and Fifth Taxing Districts; thence still easterly along the division line of said taxing districts to the center line of Newtown Avenue; thence northerly along the center line of Newtown Avenue to the intersection of Murray Street, thence easterly along the center line of Murray Street to the Westport Town line.
District E, to consist of that portion of Norwalk lying south of the District "D" line from the New Canaan town line to a point at the intersections of Beau Street and Ponus Avenue; said district line continuing southerly along the center line of Beau Street to the intersection of Eleanor Lane and continuing westerly along the center line of Eleanor Lane to the intersection of Maher Drive and continuing southerly along the center line of Maher Drive to its intersection with the center lines of Steppingstone Road and Steppingstone Place; thence southwesterly along the center line of Steppingstone Road to the intersection of Fillow Street and continuing southerly along the center line of Fillow Street to the intersection of No. Taylor Avenue; thence southerly along the center line of No. Taylor Avenue to the intersection of Benedict Street; thence northeasterly along the center line of Benedict Street to the intersection of Ferris Avenue; thence southerly along the center line of Ferris Avenue to the intersection of Phillips Street; thence easterly along the center line of Phillips Street to the intersection of Glenwood Avenue; thence southerly along the center line of Glenwood Avenue to the division line of the Second and Fifth Taxing Districts; thence westerly along the division line of said taxing districts to the center line of No. Taylor Avenue; thence northerly along the center line of No. Taylor Avenue to the intersection of West Cedar Street and then continuing westerly along the center line of West Cedar Street to the intersection of Scribner Avenue; thence southerly along the center line of Scribner Avenue to the intersection of Senga Road; thence easterly along the center line of Senga Road to the intersection of Richmond Hill Road and continuing southerly along the center line of Richmond Hill Road to the intersection of McAllister Avenue, thence easterly along the center line of McAllister Avenue to the intersection of Woodlawn Avenue continuing southerly along the center line of Woodlawn Avenue to the intersection of Flax Hill Road and continuing easterly along the center line of Flax Hill Road to the intersection of Arbor Drive and continuing southerly along the center line of Arbor Drive to the intersection of Glasser Street; thence southerly along the center line of Glasser Street to the intersection of Bouton Street and continuing southerly along the center line of Bouton Street to the intersection of Riordan Street; thence easterly along the center line of Riordan Street to the intersection of the Pennsylvania Railroad right-of-way and continuing southerly along the center line of the railroad to the intersection of the division line between the Fifth and Sixth Taxing Districts south of Charcoal Road; thence southeasterly in a straight line to the intersection of the railroad tracks and continuing in a northerly direction along the tracks to the division line between the Second and Fifth Taxing Districts and continuing easterly along the division lines to the intersection of Woodward Avenue; thence continuing southerly along the center line of Woodward Avenue to the intersection of Naromake Avenue and continuing easterly along the center line of Naromake Avenue to the intersection of Neptune Avenue and continuing easterly along the center line of Neptune Avenue to the Norwalk River.
District A, to consist of the First Taxing District in Norwalk and so much of the Fifth Taxing District as lies easterly of the easterly boundary line of District "E" between the center lines of Connecticut Ave. on the south and Eleanor, Ingleside, Spring Hill and Ponus Avenues on the north and so much of the Fifth Taxing District that lies westerly of a certain line beginning at the intersection of Willow Street and the division line between the First and Fifth Taxing Districts and continuing northerly along the center line of Willow Street to the intersection of Tierney Street and continuing easterly along the center line of Tierney Street to the intersection of George Avenue; thence northerly along the center line of George Avenue to the intersection of Westport Avenue; thence westerly along the center line of Westport Avenue to the division line between the First and Fifth Taxing Districts; thence northerly along the division line to the intersection of Dry Hill Road and continuing northerly along the center line of Dry Hill Road to the intersection of Roosevelt Street; thence westerly along the center line of Roosevelt Street to the intersection of Newtown Avenue; and so much of the Fifth Taxing District as lies southerly of a certain line beginning at the intersection of West Rocks Road and Glendenning Street and continuing northerly along the center line of West Rocks Road to the intersection of Jarvis Street and continuing southerly along the center line of Jarvis Street to the intersection of Buttonball Trail and continuing westerly along the center line of Buttonball Trail to the intersection of Rainbow Road and continuing southwesterly along the center line of Rainbow Road to the intersection of the division line between the First and Fifth Taxing Districts; and so much of the Fifth Taxing District as lies southerly of a certain line beginning at the intersection of Main Street and the division line between the First and Fifth Taxing Districts and continuing along the center line of Main Street to the intersection of Broad Street and continuing westerly along the center line of Broad Street to the intersection of the Silvermine River and continuing southerly along the center line of the Silvermine River to the intersection of the division line between the First and Fifth Taxing Districts.
District B, to consist of the Second Taxing District of Norwalk and so much of the Fifth Taxing District that lies southerly and easterly of a certain line beginning at the intersection of North Taylor Avenue and the division line between the Second and Fifth Taxing Districts and continuing northerly along the center line of North Taylor Avenue to the intersection of West Cedar Street and continuing westerly along the center line of West Cedar Street to the intersection of Scribner Avenue and continuing southerly along the center line of Scribner Avenue to the intersection of Senga Road and continuing easterly along the center line of Senga Road to the intersection of Richmond Hill Road and continuing southerly along the center line of Richmond Hill Road to the intersection of McAllister Avenue and continuing easterly along the center line of McAllister Avenue to the intersection of Woodlawn Avenue and continuing southerly along the center line of Woodlawn Avenue to the intersection of Flax Hill Road and continuing easterly along the center line of Flax Hill Road to the division line of the Second and Fifth Taxing Districts; and so much of the Fifth Taxing District as is bounded by a line beginning at the intersection of the boundary line between the Second and Fifth Taxing Districts and the center lines of Glasser Street and Windsor Place; thence in a southerly direction along the center line of Glasser Street to the intersection of Bouton Street; thence in a southerly direction along the center line of Bouton Street to the intersection of Riordan Street; thence continuing easterly along the center line of Riordan Street to its intersection with the Pennsylvania Railroad right-of-way and continuing southerly along the center line of the railroad to the intersection of the division line between the Fifth and Sixth Taxing Districts south of Charcoal Road; thence continuing southeasterly in a straight line to the intersection of the railroad right-of-way; thence continuing northerly along the center line of the railroad to its intersection with the division line between the Second and Fifth Taxing Districts; and so much of the Fifth Taxing District as is bounded by a line beginning at the intersection of Woodward Avenue and the division line between the Second and Fifth Taxing Districts and continuing southerly along the center line of Woodward Avenue to the intersection of Naromake Avenue and continuing easterly along the center line of Naromake Avenue to the intersection of the division line between the Second and Fifth Taxing Districts.
District C, to consist of that portion of Norwalk not included in Districts D, E, A, and B.

§ 1-3. Division of city into wards.

(Sp. Laws 1969, No. 186, § 2.)[2]
Said city is divided into five wards: So much of the territory of said city as is included within the boundaries of the former City of Norwalk as the same existed prior to its consolidation with the City of South Norwalk and the East Norwalk Fire District in 1913 shall be the First Ward. So much of the territory of said city as is included within the boundaries of the former City of South Norwalk as the same existed at its consolidation with the City of Norwalk and the East Norwalk Fire District in 1913 shall be the Second Ward. So much of the territory of said city as is included within the following boundaries: Commencing at a point on the boundary line between said city and the Town of Westport where the center line of the New York, New Haven and Hartford Railroad intersects the same, thence southerly along said boundary line to the southeast corner of said city, thence westerly along the southerly line of said city to the southeast corner of the Fifth Ward, thence northerly along the easterly line of said Fifth Ward to the intersection of the same with the southerly line of the Second Ward, thence northerly along the easterly line of said Second Ward to the intersection of the same with the southerly line of the First Ward, thence easterly along the southerly line of the First Ward to the southeast corner of said First Ward, and thence easterly in a straight line to the point or place of beginning, shall be the Third Ward. So much of the territory of said city as lies southerly and westerly of a line commencing at the intersection of the center line of Connecticut Avenue and the boundary line between said city and the Town of Darien, thence running easterly along the center line of said Connecticut Avenue to the westerly line of said Second Ward, thence running southerly along the westerly line of said Second Ward and easterly along the southerly line of said Second Ward to the intersection of the same with the westerly line of the former East Norwalk Fire District, and thence southerly in a direct north and south line along the westerly line of the former East Norwalk Fire District to the southerly line of said city, shall be the Fifth Ward. All the remaining portion of the present City of Norwalk not included in the description of the First, Second, Third and Fifth Wards shall be the Fourth Ward.
[1]
Editor's Note: See Art. II, § 1-16, for division of city into taxing districts.
[2]
Editor's Note: Former § 1-3 adopted as § 55 of Sp. Laws 1913, No. 352, as amended, was repealed by Sp. Laws 1969, No. 186, § 3.

§ 1-4. Transfer of rights and liability from town to city.

(Sp. Laws 1913, No. 352, § 5.)
All property, both real and personal, and all rights of action and other rights with all securities and liens belonging to or vested in said Town of Norwalk, are hereby transferred to said city, and said city is hereby made liable for all debts and obligations of said Town of Norwalk.

§ 1-5. Liability of city.

(Sp. Laws 1913, No. 352, § 6.)
All burdens and expenses imposed by law upon the Town of Norwalk for the conduct of elections, the care and support of poor, insane, and imbecile persons, the construction and maintenance of highways and bridges, the support of schools, the construction and maintenance of public buildings, the prosecution of criminal offenses, the payment of principal and interest of the town debt, the payment of state, military, and county taxes, and for all other purposes for which towns are liable, shall be borne by said city, and shall be payable out of the treasury of said city, and said city shall hereafter perform all the duties and have and exercise all the rights, powers, and privileges conferred upon said town, and all laws imposing such duties, burdens, and expenses and conferring such rights, powers and privileges upon said town are hereby made applicable to said city.

§ 1-6. Exclusion of town meetings.

(Sp. Laws 1913, No. 352, § 9.)
No town meeting shall be held in the Town of Norwalk except for the election of town officers herein provided for, and said meetings shall be warned by the City Clerk as hereinafter provided.

§ 1-7. Rights, privileges, and immunities vested in the Cities of Norwalk, South Norwalk, East Norwalk Fire District and the Town of Norwalk.

(Sp. Laws 1913, No. 352, § 173.)
Nothing herein shall be construed to affect any rights, privileges, or immunities vested in the cities of Norwalk or South Norwalk or in the East Norwalk Fire District or in the Town of Norwalk, and all rules, regulations, ordinances, and bylaws of said municipalities, not inconsistent herewith, are hereby continued in force. The Bridge Construction Committee in charge of the construction of the Washington Street Bridge shall continue in office until said bridge is completed.[1]
[1]
Editor's Note: See also § 1-433, for inclusion of bridge into the sate highway system.

§ 1-8. Building, owning, leasing and using docks, wharves, piers, bridges and property along waterfront.

(Sp. Laws 1921, No. 400, § 8.)
The City of Norwalk may build, own and maintain docks and wharves, piers and bridges upon such property along the waterfront as it now owns, or may hereafter acquire or any part thereof, and may lease the same from time to time upon such terms as the Councilmen of said city may fix, and collect and receive compensation therefor, or may reserve said piers and docks for public uses other than business uses, and may from time to time adopt, amend and repeal bylaws or ordinances regulating such use.[1]
[1]
Editor's Note: For "Shorefront Property Acquisition and Improvement Boards," see §§ 1-654 to 1-658.

§ 1-9. Acquisition of public lands and buildings owned by any taxing district.

(Sp. Laws 1931, No. 283, § 1.)
The City of Norwalk is authorized to acquire, take over and own, by purchase or otherwise, as in the judgment of the Council of said city may seem advisable or necessary, and upon such terms as said Council may agree upon with the owner or owners thereof, any buildings of a public nature and the lands used therewith, now or hereafter owned by any taxing district within the corporate limits of said city.

§ 1-10. Acquisition of property for public use by condemnation.

(Sp. Laws 1931, No. 283, § 2.)
In the event that said Council and the owner or owners of any such lands and buildings shall be unable to agree upon the price to be paid by said city for any such lands and buildings advisable or necessary to be acquired or taken over by said city, said city may proceed to acquire the same in the manner provided by statute for acquiring property for public use by condemnation.

§ 1-11. Acquisition or school property owned by taxing districts.

(Sp. Laws 1931, No. 283, § 3.)
Nothing herein contained shall authorize said city to pay any money to any taxing district in said city to acquire any school property claimed to be owned by any such district.

§ 1-12. Care and maintenance of sewer systems; continuance of former municipality Police and Fire Departments.

(Sp. Laws 1913, No. 352, § 44.)
The city at the expense of the Fourth Taxing District shall care for and maintain the sewer systems of the First, Second, and Third Districts, and the ordinances, by-laws, rules, and regulations of said several districts respecting said sewers shall continue in force until the city shall repeal or alter the same. Said city shall maintain the police forces and fire departments existing at the passage of this act in said cities of Norwalk and South Norwalk, and the Fire Department of the East Norwalk Fire District, as provided by the charters of said cities, and under the ordinances, by-laws, rules, and regulations of said former municipalities, until the same are modified or revoked by the Council and until under authority of this act said city shall establish and maintain a police force and a fire department for said Fourth District. The members of said police forces and fire departments at the passage of this act shall remain members of the respective police forces and fire departments as the same are maintained by the city under the provisions of this section and shall hold office until removed by the Council.
[1]
Editor's Note: For sewers and sewage disposal see Art. XVI, of Charter; and Ch. 94. As to sewer assessments refer to the appendix, Part III. For Police Department, see also, Art. VIII. For Fire Department, see also, Art. IX, and Ch. 41, Fire Department.

§ 1-13. Maintenance of garbage-disposal plant.

(Sp. Laws 1913, No. 352, § 45.)
Said city shall maintain the garbage-disposal plant of the Second Taxing District at the expense of said district until the city shall establish and maintain a like plant for the Fourth District.
[1]
Editor's Note: See §§ 1-625 through 631 of the "Bond Issues of the City of Norwalk, the First, the Second, the Third and the Sixth Taxing Districts" book. Copies kept in the offices of the City Clerk and Town Clerk and in the Finance Department.

§ 1-14. Authorization of Council to establish a building district where it shall be unlawful to construct or remove wooden buildings.

(Sp. Laws 1913, No. 352 § 139.)
The Council is authorized to establish a building district within which it shall be unlawful to erect, elevate, enlarge, or repair, or into and within which it shall be unlawful to remove any wooden building except by permission of said Council, and to prescribe such penalties for violation of any ordinance made in pursuance hereof as authorized by § 1-191 and § 1-192 hereof. If any person, without a permit therefor, within the district so established, shall threaten to erect, elevate, enlarge, or repair any building as aforesaid, or move the same, the Corporation Counsel may, in the name of said city, institute, before the town court or any other court having jurisdiction, a proceeding to restrain such person from making such erection, elevation, enlargement, or repair of such building, or from moving the same, and said court shall render such judgment therein as may be proper and tax the costs of such proceeding as provided for the taxation of costs in civil actions.[1]
[1]
Editor's Note: § 1-268, as to provision for lien for costs.

§ 1-15. Building lines in Fourth Taxing District; and removal of buildings.

(Sp. Laws 1913, No. 352, § 140.)
The Council shall have power to designate a line or lines on the land adjoining any highway or street in the Fourth Taxing District of said city between which line or lines and said highway or street no building or part thereof, not any stoop or part thereof, shall be erected.[1] Any person violating either provision of this section shall be fined nor more than $100. Any building erected in violation of the provisions of this section may be removed by order of the Council at the owner's expense.
[1]
Editor's Note: See § 1-439, for Council procedure in designating building lines.

ARTICLE II. Taxing Districts

Part 1. General

§ 1-16. Division into six taxing districts.

(Sp. Laws 1913, No. 352, § 4; Sp. Laws 1929, No. 82, § 1.)
Said city is divided into six taxing districts. The First and Second Wards[1] shall be the First and Second Taxing Districts.[2] So much of the territory of said city as is included within the boundaries of the East Norwalk Fire District, as the same existed at the passage of the consolidation act, shall be the Third Taxing District.[3] So much of the territory of said city as is included in the First, Second and Third Wards, together with such additional territory situated in the Fourth or Fifth Wards as may at any time hereafter be designated, defined and specified by the Council of said city, as provided in § 1-17 shall be the Fourth Taxing District. The Fifth Taxing District shall be the entire city.
[1]
Editor's Note: For descriptions of Wards refer to Art. I, § 1-3.
[2]
Editor's Note: For First Taxing District see Art. II, Part 2. For Second Taxing District see, Art. II, Part 3.
[3]
Editor's Note: For Third Taxing District see Art. II, Part 4.

§ 1-17. Extensions and exclusions of taxing districts.

(Sp. Laws 1913, No. 352, § 4; Sp. Laws 1929, No. 82, § 2; Sp. Laws 1949, No. 399.)
The Council of said City of Norwalk is empowered to extend the limits of said Fourth Taxing District to include any part or parts of the Fourth or Fifth Wards of said city. Notice of such proposed action by said Council shall be given by publication thereof, at least 10 days prior to any such meeting, in a newspaper published in said city, which notice shall describe the territory so to be included. If the territory of said Fourth or Fifth Wards to be included in the extension of the limits of said Fourth Taxing District shall be connected by sewer or sewers with said Fourth Taxing District, such extension may be made at the will of said Council after notice as aforesaid. In case the territory so to be included shall not be connected by sewer or sewers with said Fourth Taxing District, the limits of said Fourth Taxing District shall not be extended by said Council to include such proposed additional territory unless a petition for such extension and inclusion, signed by a majority of the electors of said city residing in the territory so to be included, shall be filed with the City Clerk of said city.
The Council of the City of Norwalk is empowered to exclude from the Fourth Taxing District any territory of the Fourth and Fifth Wards of said city, if such territory shall not be connected by sewer or sewers of said Fourth Taxing District. Notice of such proposed action by said Council shall be given by publication thereof, at least 10 days prior to such meeting, in a newspaper published in said city, which notice shall describe the territory so to be excluded.

§ 1-18. Proportioning of former expenses and burdens.

(Sp. Laws 1913, No. 352, § 10; Sp. Laws 1915, No. 367, § 1.)
All inhabitants and property within the limits of the Fifth Taxing District shall be liable to the burdens and expenses heretofore borne by the Town of Norwalk and herein imposed upon the city by this act to the same extent as they would be liable if said burdens, expenses, duties, and powers had not been transferred from the Town of Norwalk to the city, and in addition thereto, for the expenses of the Board of Health, and the salaries of all elective officials of the city, and the clerical and incidental expenses of their respective offices, except the Commissioners and Treasurer elected in the First, Second, and Third Taxing Districts of said city. All expense of permanent improvement of the highways in the Fourth Taxing District, including paving and the care of the same, shall be borne by said Fourth Taxing District. All other burdens and expenses of the city shall be met by taxes levied upon the inhabitants and property within the limits of the Fourth Taxing District, and it shall be the duty of the assessors to indicate in the completed list of the city, and by separate lists, the property and amount thereof taxable in each of the several taxing districts herein created, and the money derived from the taxation of the inhabitants and property of each of the aforesaid taxing districts shall not be used for any other purpose than to defray the burdens and expenses of such taxing districts as herein imposed.

§ 1-19. Fiscal year and annual meeting of First, Second and Third Taxing Districts.

(Sp. Laws 1937, No. 283, § 1; Sp. Laws 1939, No. 183; Sp. Laws 1945, No. 265, §§ 1, 2; Sp. Laws 1955, No. 438, § 1.)
The fiscal year[1] of the First Taxing District, of the Second Taxing District and of the Third Taxing District, respectively, of the City of Norwalk shall begin on the first day of January and terminate on the last day of December. Beginning in the year 1956, the annual meeting of each of said districts shall be held on the first Wednesday of March, and notice of each such meeting shall be given in the same manner as is provided in the Charter of said city.
[1]
Editor's Note: See also, § 1-289.

§ 1-20. Repeal of inconsistent, former provisions.

(Sp. Laws 1937, No. 283, § 2.)
Any provisions of §§ 1-23, 1-77 or 1-116[1] of an act, approved June 6, 1913, entitled "An Act consolidating the Town of Norwalk with the Cities of Norwalk and South Norwalk and the East Norwalk Fire District, and incorporating the City of Norwalk," inconsistent with the provisions of this act, is [are] repealed.
[1]
Editor's Note: See § 1-23; § 1-77; § 1-116.

§ 1-21. Appropriation and acquisition of land for parking.

(Sp. Laws 1941, No. 445; Sp. Laws 1959, No. 93)
To relieve congestion on the highways of the First, Second and Third Taxing Districts of the City of Norwalk, said taxing districts are authorized to acquire, by lease, deed or gift, such real estate in said districts as to the Commissioners of said districts shall appear necessary to provide suitable spaces or places for the parking of automobiles and other vehicles, and to make any necessary appropriation of funds for such purposes. In the event that said districts, acting through their said Commissioners, shall be unable to agree with any property owners whose land shall be deemed necessary for such parking spaces or places, on the price to be paid therefor, said Commissioners, for and in the name of said districts, may acquire the same by condemnation proceedings, in which case said districts shall follow the same procedure for acquiring said land as is prescribed and set forth in the Charter of the City of Norwalk to be followed by the First and Second Districts for the acquisition of land for the uses of the water department of said First and Second Districts.

Part 2. First Taxing District

§ 1-22. Body politic and corporate; rights and liabilities.

(Sp. Laws 1913, No. 352, § 11; Public Act 1972, No. 277, § 1; amendment approved 11-5-1985.)
All electors of this state dwelling within the territorial limits of the First Taxing District are hereby constituted a body politic and corporate by the name of the First Taxing District of the City of Norwalk, and by that name shall be capable of suing and being sued, pleading and being impleaded, purchasing, holding, selling and conveying any estate, real or personal, and of having a common seal, and as such corporation shall succeed to and possess all the property, both real and personal, of the City of Norwalk and all the rights, powers, franchises, privileges and immunities heretofore granted to the City of Norwalk and the Water Commissioners of said city in relation to the taking of water, the construction, maintenance and operation of waterworks, and supplying water for the use of said City of Norwalk and the inhabitants thereof, and any other persons or corporations, and all property, rights and interests heretofore acquired by said City of Norwalk or the Water Commissioners of said city for the purpose of supplying water as aforesaid, and the same are hereby vested and confirmed in said First Taxing District. Said First Taxing District is hereby authorized to manage, operate and control said water system, with the same authority, rights and liabilities, and in the same manner as said former City of Norwalk, and, except as herein otherwise provided, to care for, maintain and keep in repair all estate, both real and personal, which said district may acquire, to sell and convey any of said property, and property held by said former city in trust excepted, and apply the proceeds to the reduction of the indebtedness of said district. Said First Taxing District shall succeed to and possess all the rights and privileges heretofore possessed by said City of Norwalk in respect to the public library of said city, and shall continue to support and maintain the same. All the inhabitants and property within the limits of said First Taxing District shall be liable to taxation to defray any burdens, expenses and liabilities of the former City of Norwalk at the passage of this act and such other liabilities as said taxing district may incur under the provisions of this act. Said First Taxing District is hereby authorized to use the water of any stream, lake or pond in whole or in part within the limits of the Towns of Norwalk, Weston, New Canaan, Wilton and Ridgefield, to hold, convey and distribute such water to the persons and corporations whom it may supply by means of any necessary reservoirs, pipes, aqueducts, pumps and other suitable works, in such quantities as the necessities of said district may require, to take and hold any lands, property or privileges, and to exercise any powers that may be necessary or convenient for said district in order that a satisfactory supply of water may be obtained, and the same stored and distributed to the persons and corporations said district may supply. To the extent not already provided by law, said First Taxing District is authorized to use the water from any subsurface body of water within the limits of said towns in order that a satisfactory supply of water may be obtained. In addition to any rights, franchises, privileges and immunities granted hereunder, said First Taxing District is hereby authorized to supply water to any person or corporation within or without the geographical limits of said district.
[1]
Editor's Note: For authority of First Taxing District as to the acquisition of land for parking purposes, refer to § 1-21. As to taxing districts in general, see Art. II. See also Ch. 5, Special Acts.

§ 1-23. Purpose and holding of annual and special meetings.

(Sp. Laws 1913, No. 352, § 12; amendment approved 11-5-1985.)
The annual meeting of the electors residing in said taxing district shall be held on the third Wednesday of November[1] for the purpose of hearing the reports of the Commissioners of said district, making annual appropriations, and action on such matters as may be properly brought before said meeting. Notice of the time and place of said meeting shall be given by said Board of Commissioners by publishing in a newspaper having a circulation in said district at least 10 days before said meeting, which notice shall set forth all matters to be considered at such meeting. The Commissioners shall deliver the proposed budgets for the district and the Water Department to the office of the District Clerk and make them available for public inspection at least one week before the annual meeting. Special meetings of said district may be called in like manner by said Board, and shall be called upon written petition of 25 electors of said district, to consider and act upon the matters set forth in said notice and petition. No appropriation or expenditure of money may be authorized at a special meeting unless announcement of the proposed appropriation or expenditure is made in the published notice of the meeting and the amount authorized is equal to or less than the amount appearing in said notice. In addition, no authorization at a special meeting to appropriate or expend more than $25,000 shall be valid or final until ratified by a majority of electors present at a second special meeting called for the purpose of ratifying said authorization. Said second special meeting shall be called by the Board of Commissioners and held within 30 days of the meeting at which the authorization was first made.
[1]
Editor's Note: See also § 1-19.

§ 1-24. Board of Commissioners, Treasurer, Clerk, mechanics and laborers.

(Sp. Laws 1913, No. 352, § 13; amendment approved 11-5-1985.)
Said district shall elect a Board of Commissioners and a Treasurer of said district, all of whom shall be, at the time of their election and throughout their term, electors of said district and domiciled therein, and all of whom shall be sworn to a faithful discharge of their duties, shall hold office as hereinafter provided and shall receive such compensation as said district shall determine. Said Commissioners shall appoint a Clerk, who shall receive reasonable compensation as determined by said Commissioners.[1] It shall be the duty of said Clerk to keep a record of all transactions of said district and of said Board of Commissioners and discharge such duties as such Board may prescribe. Said Commissioners may employ such mechanics and laborers as may be necessary to operate, manage, control and keep in repair the real, personal and mixed estate of said district.
[1]
Editor's Note: See also § 1-175.

§ 1-25. Authorization and powers of the Board of Commissioners.

(Sp. Laws 1913, No. 352, § 14; Sp. Laws 1931, No. 292, § 1.)
Said Commissioners are authorized to purchase and take conveyances in the name of said First Taxing District of all lands, property and privileges necessary or convenient for the purpose of the waterworks of said district; to hold in sufficient quantities the water of any stream, either within or without said district, and in either of the towns as set out in § 1-22 by the construction of suitable dams; to enter upon any lands near such proposed dams and procure earth, stone or other materials for the construction and maintenance thereof, to make suitable wasteways for the surplus water of such streams; to change the location of any road or passway which may be covered by the waters of any reservoirs so formed and take land thereof; to enter upon and use the ground or soil under any railroad, street, private way or public or private grounds; to lay, construct and maintain all necessary pipes, pumps and aqueducts in such manner as least to damage or impede travel thereon; to make contracts for labor and materials for the general purpose of said waterworks; to establish public reservoirs; to erect and maintain hydrants under the direction of the Council of the city; to make rules and regulations regarding the use and distribution of said water and establish the prices to be paid therefor; to collect all water rents and pay the same to the Treasurer of said district; to admit, allow and draw orders on said Treasurer for the payment of all claims against said district on account of said waterworks, including payment of interest on notes issued on account of said works; to attend to the construction, care, supervision and management of said waterworks; to appoint Directors of the public library of said district as vacancies shall occur; to care for, maintain and keep in repair, except as herein otherwise provided, all the property of said district, with power to lease or sell the same or exchange the same for other property; and to execute and deliver on behalf of said district all documents which may be necessary or proper to effectuate any such letting, sale or exchange, delivering the income and proceeds therefrom to the Treasurer of said district and to apply the proceeds therefrom in such manner as said Board may be authorized by said district; and to exercise any powers that may, from time to time, be conferred on them by said district, a majority of said Commissioners shall constitute a quorum for the transaction of business.

§ 1-25.1. Vacancies.

(Added approved 11-5-1985.)
A. 
If a vacancy occurs in any elective office of the First Taxing District, such vacancy shall be filled by the Commissioners within 60 days following the occurrence of the vacancy. Said Commissioners shall fill said vacancy with an elector of the same political party with which the former incumbent was registered. If the former incumbent was not registered with a political party, then the Commissioners shall fill said vacancy with an unaffiliated elector. Upon failure of the Commissioners to fill the vacancy within said 60 days, the position may be filled with an elector selected by Town Committee members of the party of the former incumbent who reside in the district. If the former incumbent was registered with a party not having a Town Committee, then the position may be filled with an elector selected by a caucus of the registered members of said party who reside in the district. Such appointee shall serve through the remainder of the term of the office left vacant. No Commissioner serving in office may be appointed to fill any vacancy on the Board of Commissioners. The procedure provided under this section shall supersede any vacancy-filling procedure heretofore existing under any special act.
B. 
The term "political party" or "party," as used in this section, shall mean any political organization whose members appear on the current list or last official list required to be maintained under § 9-66 of the Connecticut General Statutes.

§ 1-25.2. Removal of officials.

(Added approved 11-5-1985.)
A. 
Definitions.
(1) 
The phrase "formal notice," as used in this section, shall mean receipt by the District Clerk of a written instrument issued by any person having knowledge of the appropriate events attesting to the occurrence of that event.
(2) 
The term "official," as used in this section, shall mean any Commissioners or Treasurer of the First Taxing District.
B. 
Grounds for removal from office. Any official of the district shall be subject to removal from office upon any of the following grounds:
(1) 
Conviction of a felony while he is an official of the district.
(2) 
Conviction of a misdemeanor involving misconduct in office while he is an official of the district.
(3) 
A finding of incapability according to Connecticut General Statutes Section 45-70d.
(4) 
Removal of domicile from the First Taxing District of the City of Norwalk.
C. 
Removal Committee; creation and action.
(1) 
The Removal Committee shall consist of five electors, excluding Commissioners and the Treasurer of the district, chosen at the annual meeting of the electors. Within 30 days of its election, the Removal Committee shall meet to organize and to elect a Chairman, Vice Chairman and such other officers as it deems appropriate. The District Clerk shall act as Secretary to the Committee but shall have no vote.
(2) 
Within 30 days after receipt of formal notice of the indictment or arrest for a felony, or a misdemeanor involving misconduct in office, or an application for involuntary representation pursuant to C.G.S. Section 45-70c, or removal of domicile from the First Taxing District of the City of Norwalk of an official of the district, the Committee shall hold a meeting to discuss grounds for suspension or removal as set forth in this section.
(3) 
Notice of all meetings held under this section shall be published in a newspaper having general circulation within the First Taxing District no more than 15 nor less than five days before the date of each meeting.
(4) 
Should the Committee determine that grounds for suspension or removal should be considered or examined, it shall hold a second meeting for purposes of such consideration or examination. Written notice of the second meeting shall be sent by certified mail to the official who is the subject of the examination to his address in the First Taxing District by the Committee not less than five days before the meeting date. The notice shall specify the grounds for suspension and removal; the legal consequences thereof; and the time and place of the meeting. The notice shall further state that the official has a right to be present at the meeting and has a right to be represented by an attorney at his or her own expense.
(5) 
The Committee shall consider the allegations involving each official so indicted, arrested, subject to incapability hearing or accused of removing his domicile, separate and apart from the allegations involving any other official. The Committee shall decide whether there is sufficient evidence based on the facts adduced at the hearing to require suspension of said official: the length of said suspension, if required; and the terms of reinstatement to office. These matters shall be determined by a simple majority vote of the entire Committee.
(6) 
Upon a decision by the Committee to suspend an official, said official shall be forthwith suspended from all duties, authority and compensation relating to his or her office until reinstatement. Upon reinstatement, all compensation due said official that he would have earned had he or she not been suspended shall become due and payable. No term of office shall be extended by any action of the Committee.
(7) 
Within 10 days of receipt of formal notice of a plea of guilty, an entry of a plea of nolo contendere or verdict finding said official guilty of a felony or misdemeanor involving misconduct in office or upon a finding by court of competent jurisdiction that said official is incapable of managing his or her affairs or incapable of caring for himself or herself pursuant to C.G.S. Section 45-70d or upon a finding by the Special Committee that said official has removed his or her domicile from the First Taxing District of the City of Norwalk, the Committee shall declare the office of said official vacant and so notify the official. After the vacancy has been declared, it shall be filled as provided in this Charter.
(8) 
Within seven days of receipt of notice of a verdict finding said official not guilty or upon the entering of a nolle prosequi by the state's Attorney or dismissal of a felony or misdemeanor involving misconduct in office or upon the dismissal of the application to appoint a conservator or similar petition or upon a finding that said official has not removed his or her domicile from the First Taxing District of the City of Norwalk, the Special Committee shall be reconvened by its Chairman for the purpose of declaring the suspension revoked and the official reinstated to his or her office.
(9) 
The Committee may hold as many meetings is it deems appropriate during its consideration of grounds for suspension or removal. The Committee may employ an attorney of its choice, whose reasonable fee shall be paid out of district funds.
D. 
Each paragraph, subparagraph and each provision of each paragraph and subparagraph of this section shall be separable, and the invalidity of any portion of any paragraph or subparagraph shall not affect the validity or enforcement of any other portion. Should any provision be found to be invalid as to any circumstance, such provision shall apply to all other circumstances to which such provision may lawfully apply.

§ 1-25.3. Code of ethics.

(Added approved 11-5-1985)
A. 
Disclosure and use of confidential material. No member of the Board of Commissioners, Treasurer or employee of said district shall improperly disclose confidential information concerning the property, government or affairs of the district, nor shall be knowingly use such information to advance the financial or other private interests of himself or others.
B. 
Conflict of interest.
(1) 
No member of the Board of Commissioners, Treasurer or employee of said district shall participate in hearings, deliberations or decisions connected with his office, commission or department upon any matter in which he is directly or indirectly interested in a personal or financial sense.
(2) 
No member of the Board of Commissioners, Treasurer or employee of said district shall have any financial interest, direct or indirect, in any contract with the district or in the sale to the district of any supplies, materials, services, land, buildings or equipment unless he shall have filed with the District Clerk, at least seven days prior to entering upon such contract or selling such item, a written statement setting forth fully the nature and extent of his interest therein. To comply with this provision, it shall be the duty of any member of the Board of Commissioners, Treasurer or employee of said district owning stock in a corporation engaged or seeking to be engaged in any financial transaction between such corporation and the district to make a full disclosure of the amount of stock owned by him by filing a written statement thereof with the District Clerk at least seven days prior to the commencement of the financial transaction; provided, however, that such filing shall be unnecessary for shareholders of a publicly held corporation engaged in any of the aforementioned transactions within the district in the usual course of said corporation's business. It shall also be the duty of any member of the Board of Commissioners, Treasurer or employee of said district having any interest in a proprietorship or partnership engaged or seeking to be engaged in any financial transaction between such entity and the district to make a full disclosure of the nature and degree of his interest in such entity by filing a written statement thereof with the District Clerk at least seven days prior to the commencement of the financial transaction.
C. 
Committee of Ethics.
(1) 
The administration of this code shall be charged to the members of the Removal Committee elected at the annual meeting, who shall act as a Committee of Ethics for purposes of this section. Any member of the Committee shall disqualify himself and not participate in Committee functions where a complaint or investigation under this section pertains to any employee or official who is a relative of such Committee member.
(2) 
The principal duties of the Committee of Ethics shall be as follows:
(a) 
To receive and initiate complaints regarding violations of the code of ethics.
(b) 
To conduct investigations and/or hearings regarding alleged violations of this code. In conducting its investigation, the Commission shall have complete access to all necessary and relevant district agencies, officers, officials and employees.
(c) 
To transmit the findings of such investigations and/or hearings to the Board of Commissioners, to the district and/or to individuals directly involved.
(d) 
To render advisory opinions to the officers, employees, officials and Board of Commissioners or any of its committees pursuant to written request or upon its own initiative.
D. 
Responses to the Committee of Ethics. The Board of Commissioners, upon receiving any finding indicating a violation of the code of ethics by the Committee of Ethics, shall, within 30 days, take action on the finding of the Committee and give written notification of such action to the Committee of Ethics.

§ 1-26. Liability for damages of injuries incurred in construction or maintenance of waterworks.

(Sp. Laws 1913, No. 352, § 15.)
Said district shall be liable to pay all damages that shall be sustained by any person or corporation by the taking of any land or estate as aforesaid or by the construction or laying of any reservoirs, pipes, pumps, aqueducts or other works for the purposes of said waterworks. If at any time it shall appear that any damage has occurred or may be likely to occur to any person or corporation by reason of taking or using their land or estate for the purposes of said waterworks or in the construction of said waterworks, and said Board or Commissioners cannot agree with the owners of such property or privileges as to the amount of compensation or damages to be paid to them, such compensation or damages may be assessed by three disinterested persons under oath, to be appointed by a Judge of the Superior Court, on application by either party, upon such notice as said Judge shall prescribe. Said appraisers shall report their doings and the amount of their assessments to the Superior Court for Fairfield County. Said court may set aside such report for any irregular or improper conduct and may appoint another committee, but, if said report is accepted, it shall be recorded, and such assessments shall be a final adjustment of said compensation and damages between said parties, and payment thereof or a deposit of the amount thereof with the Treasurer of said county for the use of such owner shall release said district from liability to further claims for compensation or damages.

§ 1-27. Water-rent income and disposal thereof.

(Sp. Laws 1913, No. 352, § 16; Sp. Laws 1957, No. 362.)
All income from water rents shall be applied to defraying the current expenses of said waterworks and to paying the principal of and interest on notes, bonds or certificates of indebtedness incurred in relation to said waterworks. If there shall be a surplus, said Commission shall make report thereof to the next annual or special meeting of said district, which may direct the same to be applied to the payment of the principal of or interest on bonds, notes, certificates or other indebtedness of said district or to any other lawful purpose for which said district is authorized to appropriate money.

§ 1-28. Taxation.

(Sp. Laws 1913, No. 352, § 17; Sp. Laws 1921, No. 189, § 1.)
In case the income from water rents is inadequate to meet the current expenses of said waterworks and the interest of said notes, bonds, or certificates, a tax on all property and persons liable to taxation in said district shall be laid to supply such deficiency by the Board of Estimate and Taxation of the city at any meeting called for that purpose upon application of said Board of Commissioners, and said tax shall be collected in the same manner as other city taxes. Said Board of Estimate and Taxation may lay and collect taxes for the purpose of paying the debts of said district or any part thereof and of establishing a sinking fund for that purpose. The avails of such taxes shall be paid to the Treasurer of the district for application for said purposes only. The Board of Estimate and Taxation shall lay a tax to defray the expenses of the public library of said district to the amount appropriated by said district at any annual or special meeting.[1]
[1]
Editor's Note: As to appropriations for libraries see Art. XIX.

§ 1-29. Liens and warrants for water rents.

(Sp. Laws 1913, No. 352, § 18; Sp. Laws 1933, No. 340, § 1.)
Any claim of said district for the use of water, or for rent of hydrants, shall be a lien upon the real estate or property wherein or in connection with which such water was used, or on which such rent was assessed and such lien shall have the same effect as a lien for taxes under the provisions of the general statutes and shall have precedence over any prior encumbrance on such property except a tax lien. Such lien may be foreclosed by said district before any court having jurisdiction in the same manner as a mortgage may be foreclosed. The Board of District Commissioners shall have power to issue warrants for the collection of all such claims in the form prescribed by law for the collection of taxes, which warrants shall be signed by said Commissioners and directed to the Collector of city taxes, or to some indifferent person named therein, who shall have the same power to levy and collect as have Collectors of town taxes.

§ 1-30. Accounts and reports of the Board of Commissioners.

(Sp. Laws 1913, No. 352, § 19.)
It shall be the duty of said Board of Commissioners to keep a record of its proceedings and an accurate account of its receipts and disbursements appertaining to said waterworks, and a like account of its receipts and disbursements in connection with all other properties of said district, verified by proper vouchers, which accounts shall be open at all reasonable times to inspection by any taxpayer of said district. Said Board shall annually render to said district a statement of said accounts, which shall be sworn to by a majority of said Commissioners and recorded in the records of said district. Said Board shall include in its annual report a statement of its doings, and a general statement of the condition of the waterworks and the property of said district, with an estimate of all sums required for said works and other purposes of said district, and a detailed statement of all claims outstanding against said district. The Treasurer of said district shall render annually to said district a statement of his account as a part of the report of said Board of Commissioners, and said Treasurer shall render at all times such statements and reports as said district may require.

§ 1-31. Supplying water to any person or corporation.

(Sp. Laws 1913, No. 352, § 20.)
Said Board of Commissioners may, with the consent of the district, supply water from the waterworks of said district to person or corporation.

§ 1-32. Unlawful destruction of waterwork property; violations and penalties.

(Sp. Laws 1913, No. 352, § 21.)
Any person who shall willfully injure the water of any reservoir, aqueduct, hydrant, pipe, pump, or other portion of said waterworks, or destroy or injure any portion of such works, or any material or property used in connection therewith, shall be fined not more than $500 or imprisoned not more than one year, or both. Such district shall have power to enact by-laws at any annual or special meeting imposing penalties and forfeitures for the violation of any of the rules and regulations of the Board of Commissioners of said district, provided such penalties or forfeitures shall not exceed $20 for each offense. Said by-laws shall not become effective until published in a newspaper having a circulation in said district.

§ 1-33. Authorization of New Canaan Water Company and First Taxing District as to the purchase and selling of water.

(Sp. Laws 1947, No. 432, §§ 1, 2.)
The New Canaan Water Company is authorized to purchase water from or to sell water to the First Taxing District of the City of Norwalk.
The First Taxing District of the City of Norwalk is authorized to purchase water from or sell water to the New Canaan Water Company.

§ 1-34. Federal Social Security System.

(Sp. Laws 1955, No. 40.)
Section three Number 408 of the Public Acts of 1955 is inapplicable to the First Taxing District of the City of Norwalk so far as said section may prevent said taxing district from participating in the Federal Old Age and Survivor's Insurance System while said taxing district is participating in the Connecticut Municipal Employees' Retirement Fund.

§ 1-35. Authorization to issue bonds, notes and other certificates of indebtedness and purpose; funding and refunding bond issue of 1917.

(Sp. Laws 1917, No. 337, § 1.)
The First Taxing District of the City of Norwalk is authorized to issue bonds, notes or other certificates of indebtedness, to an amount not exceeding $250,000 for the purpose of funding any floating debt of the district, refunding at their maturity any bonds, notes or other certificates of indebtedness issued by said district or by the former City of Norwalk or providing moneys to pay any expenses incurred in increasing and extending the water supply or system of said district.

§ 1-36. Funding and refunding bond issue of 1917; details.

(Sp. Laws 1917, No. 337, § 2.)
Said district, at a special meeting called for that purpose, shall determine the several and aggregate amounts of such bonds, notes or other certificates which may be issued for any of the foregoing purposes, the annual rate of interest, the time and place of payment of the principal and interest, the dates and times of issue and maturity of the same, the manner in which such bonds, notes or other certificates shall be issued and the person or persons by whom such bonds, notes or other certificates shall be executed, sold and delivered for and in behalf of the district.

§ 1-37. Funding and refunding bond issue of 1917; obligation.

(Sp. Laws 1917, No. 337, § 3.)
Such bonds, notes or other certificates, when executed and delivered by said district, or its officers duly authorized, shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same, provided the bonds, notes or other certificates issued to provide moneys for the increase of the water supply or system shall not exceed in amount $250,000.

§ 1-38. Funding and refunding bond issue of 1917; limitation.

(Sp. Laws 1917, No. 337, § 4.)
No bonds shall be so issued under the provisions of this act[1] as to permit the net bonded indebtedness of said district at any time to exceed 5% of the grand list of said district as the same may be compiled for the year of such issue, provided in computing the debt limitation, bonds issued or to be issued for the construction or maintenance of municipal waterworks or lighting plants shall not be included.
[1]
Editor's Note: §§ 1-35 to 1-38.

§ 1-39. Authorization to issue bonds, notes or certificates of indebtedness; water refunding bond issue of 1929.

(Sp. Laws 1929, No. 220, § 1.)
The First Taxing District of the City of Norwalk is authorized to issue bonds, notes or certificates of indebtedness to an amount not exceeding $350,000, in coupon form or otherwise and registered or not registered, bearing interest at a rate not greater than 5% per annum, payable semiannually, which bonds shall be sold at not less than par and accrued interest, and shall be serial in form, payable in substantially equal annual installments, beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period not more than 40 years from their date. It may be stipulated therein that the principal and interest shall be payable in gold coin of the present standard of weight and fineness. The proceeds of such bonds shall be used for refunding $200,000 of City of Norwalk refunding gold bonds maturing July 1, 1929, for reimbursing the district sinking fund, the sum of $46,000 advanced therefrom for the payment of $46,000 of City of Norwalk water bonds which matured June 1, 1928, and $104,000 for payment of water department floating debt and extensions, enlargements and improvements of the water system of the district.

§ 1-40. Water refunding bond issue of 1929; details.

(Sp. Laws 1929, No. 220, § 2.)
Said district, at any meeting called for that purpose, shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds and the maximum annual rate of interest. Other particulars of the form of such bonds and the manner of issuance not determined hereby or by district vote may be determined by the District Commissioners and the Treasurer.

§ 1-41. Water refunding bond issue of 1929; payment provisions.

(Sp. Laws 1929, No. 220, § 3.)
Said district shall, at the time of authorizing such bonds, provide for the payment thereof in accordance with the provisions of § 1-39 and, when a vote to that effect shall have been passed, a sum which, with the income derived from water rates, will be sufficient to pay the annual expense of operating the waterworks and interest as it accrues on such bonds and other water debt of the district and to make such payments on the principal as may be required under § 1-39 to § 1-43, shall be assessed upon said district annually until the debt incurred by such bonds shall be paid.

§ 1-42. Water refunding bond issue of 1929; obligations of district.

(Sp. Laws 1929, No. 220, § 4.)
Such bonds, when executed and delivered, shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 1-43. Water refunding bond issue of 1929; issuance for water purposes.

(Sp. Laws 1929, No. 220, § 5.)
Such bonds shall be deemed to be issued for water purposes and to be outside all statutory debt limits.

§ 1-44. Authorization to issue bonds, notes or certificates of indebtedness; water bond issue of 1931.

(Sp. Laws 1931, No. 237, § 1.)
The First Taxing District of the City of Norwalk is authorized to issue bonds, notes or certificates of indebtedness to an amount not exceeding $40,000 in coupon form or otherwise, and registered or not registered, bearing interest at a rate not greater than 5% per annum, payable semiannually, which bonds shall be sold at not less than per and accrued interest, and shall be in serial form, payable in substantially equal annual installments, beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than 20 years from their date. It may be stipulated therein that the principal and interest may be payable in gold coin of the present standard of weight and fineness. The proceeds of such bonds shall be used for the payment of lands acquired by the First Taxing District, in condemnation proceedings for water purposes, and for extensions, enlargements and improvements of the water system of the district.

§ 1-45. Water bond issue of 1931; details.

(Sp. Laws 1931, No. 237, § 2.)
Said district, at any meeting called for that purpose, shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds and the maximum annual rate of interest. Other particulars of the form of such bonds and the manner of issuance not determined hereby or by district vote may be determined by the District Commissioners and the Treasurer.

§ 1-46. Water bond issue of 1931; obligations.

(Sp. Laws 1931, No. 237, § 3,)
Such bonds, notes or certificates of indebtedness, when executed and delivered, shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 1-47. Authorization to issue bonds, notes or certificates of indebtedness; paving refunding bond issue of 1931.

(Sp. Laws 1931, No. 238, § 1.)
The First Taxing District of the City of Norwalk is authorized to issue bonds, notes or certificates of indebtedness to an amount not exceeding $40,000, in coupon form or otherwise and registered or not registered, bearing interest at a rate not greater than 5% per annum, payable semiannually, which bonds shall be sold at not less than par and accrued interest, and shall be in serial form, payable in substantially equal annual installments, beginning not more taken two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than 15 years from their date. It may be stipulated therein that the principal and interest may be payable in gold coin of the present standard of weight and fineness. The proceeds of such bonds shall be used for refunding paving bonds in the amount of $40,000, due July 1, 1931.

§ 1-48. Paving refunding bond issue of 1931; details.

(Sp. Laws 1931, No. 238, § 2.)
Said district, at any meeting called for that purpose, shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds and the maximum annual rate of interest. Other particulars of the form of such bonds and the manner of issuance not determined hereby or by district vote may be determined by the District Commissioners and the Treasurer.

§ 1-49. Paving refunding bond issue of 1931; obligations.

(Sp. Laws 1931, No. 238, § 3.)
Such bonds, notes or certificates of indebtedness, when executed and delivered, shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 1-50. Paving refunding bond issue of 1931; limitations.

(Sp. Laws 1931, No. 238, § 4.)
The amount of bonds issued the provisions of § 1-47 to § 1-50, together with the amount of the aggregate outstanding indebtedness of the consolidated town and city, the area of which consolidated town and city is occupied in part by said First Taxing District and of each independent and dependent political or territorial division or subdivision coterminous with or within said consolidated town and city, shall not exceed, exclusive of the amount of bonds issued for the supply of water, gas or electricity or the construction of subways or underground conduits for cables, wires and pipes and exclusive of the value of bonds, notes and other intangible assets placed in the sinking fund of said consolidated town and city and placed in the sinking fund of each such political or territorial division or subdivision, 5% of the last completed grand list of said consolidated town and city as "grand list" is defined in Section 470 of the General Statutes.

§ 1-51. Fire house bond issue of 1933; purpose.

(Sp. Laws 1933, No. 382, § 1.)
A new fire house and appurtenances in the First Taxing District of the City of Norwalk in substitution for the present leased buildings of the former City of Norwalk used as fire houses by the present City of Norwalk is declared to be of public convenience and necessity.

§ 1-52. Authority to erect and construct firehouse.

(Sp. Laws 1933, No. 382, § 2.)
The Commissioners of the First Taxing District of the City of Norwalk are authorized to erect and construct a fire house and appurtenances in said district, and the powers of the former City of Norwalk for that purpose are continued and vested in said First Taxing District and its Commissioners, any provisions in the laws or charter of the present City of Norwalk notwithstanding, until the fire house and appurtenances herein provided for shall be acquired and taken over by the City of Norwalk or a Fourth Taxing District thereof, if the same shall be authorized.

§ 1-53. Fire house bond issue of 1933; authorization and details.

(Sp. Laws 1933, No. 382, § 3.)
For the purposes aforesaid, the First Taxing District of the City of Norwalk by its Commissioners is authorized to borrow in the name of said district not exceeding the sum of $65,000 and to issue bonds or other evidences of indebtedness therefor. Such bonds shall be designated "Fire House Bonds," shall be in coupon form or otherwise and registered or not registered, bearing interest at a rate not greater than 6% per annum, payable semiannually, which bonds shall be sold at not less than par and accrued interest, and shall be in serial form, payable in substantially equal annual installments, beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than 15 years from their date. Said district, at any meeting called for that purpose, shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds and the maximum annual rate of interest. Other particulars of the form of such bonds and the manner of issuance not determined hereby or by district vote may be determined by the District Commissioners and the Treasurer.

§ 1-54. Authorization to issue bonds, notes or certificates of indebtedness; water bond issue of 1933.

(Sp. Laws 1933, No. 383, § 1.)
The First Taxing District of the City of Norwalk is authorized to issue, without vote of its electors, but by and through the action of the Commissioners and the Treasurer of said district, bonds, notes or certificates of indebtedness to an amount not exceeding $140,000, in coupon form or otherwise, and registered or not registered, bearing interest at a rate not greater than 6% per annum, payable semiannually, which bonds shall be sold at not less than par and accrued interest, and shall be in serial form, payable in substantially equal annual installments, beginning not more than two years from date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than 20 years from their date. The proceeds of such bonds shall be used for the payment for lands and rights-of-way to be acquired by the district for water purposes, by condemnation proceedings or otherwise, and for extensions, reinforcements, enlargements and improvements of the water system of the district. Such bonds may be issued from time to time and nothing herein contained shall require the whole amount of such bonds to be issued or prevent their issuance in amount less than the total authorized issue as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each such loan shall be payable in annual installments and within the period of time specified herein from its date.

§ 1-55. Water bond issue of 1933; details.

(Sp. Laws 1933, No. 383, § 2.)
The Commissioners and Treasurer of said district shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds and the annual rate of interest and other particulars of the form of such bonds and the manner of issuance not determined hereby.

§ 1-56. Water bond issue of 1933; payment provisions.

(Sp. Laws 1933, No. 383, § 3.)
Said district, by its Commissioners, shall, at the time of authorizing such bonds, provide for the payment thereof in accordance with the provisions of § 1-54, and, when a vote to that effect shall have been passed, a sum which, with income derived from water rates, will be sufficient to pay the annual expense of operating the waterworks and interest as it accrues on such bonds and other water debt of the district and to make such payments on the principal as may be required under § 1-54 to § 1-58, shall be assessed upon said district annually until the debt incurred by such bonds shall be paid.

§ 1-57. Water bond issue of 1933; obligations.

(Sp. Laws 1933, No. 383, § 4.)
Such bonds, when executed and delivered, shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 1-58. Water bond issue of 1933; issuance.

(Sp. Laws 1933, No. 383, § 5.)
Such bonds shall be deemed to be issued for water purposes and to be exempt from any limitations imposed by Statute.

§ 1-59. Bond issue of 1945 for extending and enlarging waterworks system; authorization.

(Sp. Laws 1945, No. 91, § 1.)
The electors of the First Taxing District of the City of Norwalk having, on September 19, 1944, authorized the issuance of bonds in an amount not to exceed $750,000 for the purpose of financing the construction of a dam and reservoir in the Town of New Canaan, and suitable connections to said dam and reservoir, as a part of the waterworks system of said district, said district is authorized to issue, without a further vote of its electors, bonds of said district in an amount not exceeding $750,000 for the purpose of extending and enlarging the waterworks system of said district by constructing, installing, erecting and completing a dam and reservoir in the Town of New Canaan, and suitable connections to said dam and reservoir as part of the waterworks system of said district, including the acquisition of any and all real estate and flowage or other rights therein necessary or suitable for such purpose. Said bonds shall be issued in the name of the First Taxing District of the City of Norwalk and shall be signed by the Commissioners of said district and by the Treasurer of said district. Said bonds shall bear interest at a rate not exceeding 4% per annum, and shall be payable, as to principal, serially in annual installments commencing four years from the date of the bonds in amounts as follows: $5,000 bonds in each of the first three years, $15,000 bonds in the fourth year, $20,000 bonds in each of the fifth and sixth years, $25,000 bonds in each of the seventh and eighth years, $30,000 bonds in each of the ninth through 14th years, $35,000 bonds in each of the 15th through 18th years, $40,000 bonds in each of the 19th through 22nd years and $50,000 bonds in each of the 23rd through 25th years, of such maturities. Said bonds shall be authorized by a resolution to be adopted by the Commissioners of said district and shall be sold in such manner as said Commissioners shall determine, at either public or private sale, but none of said bonds shall be sold for less than the par value thereof and accrued interest to date of delivery. In the event that less than the total amount of bonds authorized to be issued shall be sold at any one time, said Commissioners shall, by resolution, designate the particular bonds of the maturities aforesaid which shall be sold at any one time.

§ 1-60. Bond issue of 1945; payment provisions.

(Sp. Laws 1945, No. 91, § 2.)
Said bonds shall be payable, both principal and interest, from the revenues derived from the operation of the waterworks system of said district, and if such revenues are insufficient for that purpose, taxes shall be levied upon all the taxable property of said district without limitation as to rate or amount, sufficient for the payment of the principal of and interest on said bonds.

§ 1-61. Bond issue of 1945; fixing water rates.

(Sp. Laws 1945, No. 91, § 3.)
The Commissioners of said district are authorized to fix rates for water which shall be sufficient for the maintenance and operation of the water system of said district and the payment of the principal of and interest on the indebtedness of the district, including said bonds.

§ 1-62. Bond issue of 1945; obligations of district.

(Sp. Laws 1945, No. 91, § 4.)
Said bonds when executed and delivered, shall be the general obligations of said district and obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 1-63. Bond issue of 1945; issuance for water purposes.

(Sp. Laws 1945, No. 91, § 5.)
Said bonds shall be deemed to be issued for water purposes and shall be exempt from any limitation of indebtedness imposed by statute.

§ 1-64. Bond issue of 1945; authority and repeal of conflicts.

(Sp. Laws 1945, No. 91, § 6.)
§§ 1-59 to 1-64 shall constitute full and complete authority for the issuance of said bonds, and all acts or parts of acts in conflict herewith are hereby declared inoperative so far as in conflict herewith.

§ 1-65. Authorization to issue bonds, notes or certificates of indebtedness; water bond issue of 1951.

(Sp. Laws 1951, No. 108, § 1.)
The First Taxing District of the City of Norwalk, acting through the Commissioners and Treasurer of said district, is authorized to issue, upon approval by the electors of said district at a meeting of the district, bonds, notes or certificates of indebtedness of said district to an amount not exceeding $175,000, in coupon form, or otherwise, with privilege of registration and reconversion into coupon form, bearing interest at a rate or rates not greater than 6% per annum, payable semiannually, which bonds, notes or certificates of indebtedness shall be sold at not less than par and accrued interest and shall be in serial form payable in substantially equal installments, beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than 15 years from their date. The proceeds of such bonds, notes, or certificates of indebtedness shall be used for the cost of lands and rights-of-way to be acquired by the district for water purposes, by condemnation proceedings or otherwise and for extensions, additional installations, reinforcements, enlargements and improvements of the water system of the district. Such bonds, notes, or certificates of indebtedness may be issued from time to time, and nothing herein contained shall require the whole amount of such bonds, notes or certificates of indebtedness to be issued or prevent their issuance in amounts less than the total authorized issue as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each loan shall be payable in annual installments and within the period of time specified from the date of issue.

§ 1-66. Water bond issue of 1951; details.

(Sp. Laws 1951, No. 108, § 2.)
The Commissioners and Treasurer of said district shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds, notes or certificates of indebtedness, and the annual rate of interest and other particulars of the form of such bonds, notes or certificates of indebtedness and the manner of issuance not determined hereby.

§ 1-67. Water bond issue of 1951; notes for water; payment provisions.

(Sp. Laws 1951, No. 108, § 3.)
The Commissioners of the district are authorized to fix rates for water which shall be sufficient for the maintenance and operation of the water system of the district and the payment of the principal of and interest on the indebtedness of the district, including the obligations authorized hereby. The bonds, notes or certificates of indebtedness authorized shall be general obligations of the district, and for the payment of principal of and interest on the bonds, notes or certificates of indebtedness, taxes may be levied upon all of the taxable property in the district without limitation as to rate or amount; provided, to the extent revenues derived from the operation of the water system of the district are available, sufficient for the payment of the principal of and interest on the bonds, notes or certificates of indebtedness when the same become due, it shall not be necessary that taxes be levied for that purpose.

§ 1-68. Water bond issue of 1951; obligations.

(Sp. Laws 1951, No. 108, § 4.)
Such bonds, notes or certificates of indebtedness, when executed and delivered shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 1-69. Water bond issue of 1951; issuance for water purposes.

(Sp. Laws 1951, No. 108, § 5.)
Such bonds, notes or certificates of indebtedness shall be deemed to be issued for water purposes and to be exempt from any limitations imposed by statute.

§ 1-70. Authorization to issue bonds, notes or certificates of indebtedness; water bond issue of 1955.

(Sp. Laws 1955, No. 136, § 1.)
The First Taxing District of the City of Norwalk, acting through the Commissioners and Treasurer of said district, is authorized to issue, upon approval by the electors of said district at a meeting of the district, bonds, notes or certificates of indebtedness of said district, to an amount not exceeding $250,000, in coupon form, or otherwise, with privilege of registration and reconversion into coupon form, bearing interest at a rate or rates not greater than 6% per annum, payable semiannually, which bonds, notes or certificates of indebtedness shall be sold at not less than par and accrued interest and shall be in serial form payable in substantially equal installments beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than 15 years from their date. The proceeds of such bonds, notes or certificates of indebtedness shall be used for the cost of lands and rights-of-way to be acquired by the district for water purposes, by condemnation proceedings or otherwise and for extensions, additional installations, reinforcements, enlargements and improvements of the water system of the district. Such bonds, notes or certificates of indebtedness may be issued from time to time, and nothing herein contained shall require the whole amount of such bonds, notes or certificates of indebtedness to be issued or prevent their issuance in amounts less than the total authorized issue as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each loan shall be payable in annual installments and within the period of time specified from the date of issue.

§ 1-71. Water bond issue of 1955; details.

(Sp. Laws 1955, No. 136, § 2.)
The Commissioners and Treasurer of said district shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds, notes or certificates of indebtedness, and the annual rate of interest and other particulars of the form of such bonds, notes or certificates of indebtedness and the manner of issuance not determined thereby.

§ 1-72. Water bond issue of 1955; notes; payment provisions.

(Sp. Laws 1955, No. 136, § 3.)
The Commissioners of the district are authorized to fix rates for water which shall be sufficient for the maintenance and operation of the water system of the district and the payment of the principal of and interest on the indebtedness of the district, including the obligations authorized hereby. The bonds, notes or certificates of indebtedness authorized hereby shall be general obligations of the district, and for the payment of principal of and interest on the bonds, notes or certificates of indebtedness, taxes may be levied upon all of the taxable property in the district without limitation as to rate or amount, provided, to the extent revenues derived from the operation of the water system of the district are available, sufficient for the payment of the principal of and interest on the bonds, notes or certificates of indebtedness when the same become due, it shall not be necessary that taxes be levied for that purpose.

§ 1-73. Water bond issue of 1955; obligations.

(Sp. Laws 1955, No. 136, § 4.)
Such bonds, notes or certificates of indebtedness when executed and delivered shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 1-74. Water bond issue of 1955; issuance for water purposes.

(Sp. Laws 1955, No. 136, § 5.)
Such bonds, notes or certificates of indebtedness shall be deemed to be issued for water purposes and to be exempt from any limitations imposed by statute.

Part 3. Second Taxing District

[1]
Editor's Note: See § 121 for authority of Second Taxing District as to appropriations for parking purposes. For taxing districts in general, see Art. II.

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

(Sp. Laws 1913, No. 352, § 22; Charter Amendment 11-8-1983; Charter Amendment 11-4-2003, effective 12-4-2003.)
All electors of this state dwelling within the territorial limits of the Second Taxing District are hereby constituted a body politic and corporate by the name of the "Second Taxing District of the City of Norwalk" and, by that name, shall be capable of suing and being sued, pleading and being impleaded, purchasing, holding, selling and conveying any estate, real or personal, and of having a common seal, and as such corporation shall succeed to and possess all the property, both real and personal, of the City of South Norwalk, together with all the rights, powers, franchises, privileges and immunities heretofore granted to the City of South Norwalk and to the Water Commissioners of said city in relation to the taking of water, the construction, maintenance and operation of waterworks and supplying water for the use of said City of South Norwalk and the inhabitants thereof and any other persons or corporation as the said Second Taxing District shall determine, together with all property, rights and interest hereto acquired by said city or the Water Commissioners of said city for the purpose of supplying water as aforesaid and all the rights, privileges and powers said city has acquired by virtue of having complied with the requirements of Section Two of Chapter CCXXXI of the Public Acts of 1893 and all property acquired by said city as a part of its electric light and power plant and all of said property, rights, powers, franchises, privileges and immunities are hereby vested in and confirmed to said Second Taxing District. Said Second Taxing District is hereby authorized to manage, operate and control said water system and electric light plant with the same authority, rights and liabilities and in the same manner as said City of South Norwalk, whether within the limits of said Second Taxing District or beyond, and, except as herein otherwise provided, to care for, maintain and to keep in repair all estate, both real and personal, which said district may possess wherever located and to sell and convey any of said property, any property held by said city in trust excepted, and apply the proceeds to the reduction of the indebtedness of said district only. Said Second Taxing District shall succeed to and possess all the rights and privileges heretofore possessed by said City of South Norwalk in respect to the public library of said city and shall continue to support and maintain the same. The District Commissioners shall have the authority to provide for public library services by the lease of District property and/or by contracting with the City of Norwalk or other qualified library service entity; provided no lease or contract shall be executed unless the District Commissioners conduct a duly noticed public hearing prior to the execution of any such lease or contract.

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

(Sp. Laws 1913, No. 352, § 23; Charter Amendment 11-8-1983.)
All the inhabitants and property within the limits of said Second Taxing District shall be liable to taxation by the city to defray the burdens, expenses and liabilities of all kinds existing against the former City of South Norwalk at the passage of this act and such liabilities as said taxing district may become liable for under the provisions of this act.
Said Second Taxing District is hereby authorized to use the water of any stream, lake or pond, either surface or subsurface, in whole or in part, within the limits of the towns named in an act entitled "An Act to Provide a Supply of Pure and Wholesome Water to the City of South Norwalk," approved July 22, 1874, and, with the restrictions expressed in said act, to hold, convey and distribute such water to the persons and corporations whom it may supply by means of any necessary reservoirs, pipes, aqueducts, pumps and other suitable works, in such quantities as the necessities of said district may require; to purchase water from, sell water to or exchange water with any other community, public or private water company, as may be necessary or advisable; to take and hold any lands, property or privileges; and to exercise any powers, including the power of eminent domain, that may be necessary or convenient for said district in order that a satisfactory supply of water may be obtained and the same stored and distributed to the persons and corporations said district may supply; and in like manner, said district may take and hold any lands, property or privileges and to exercise any power, including the power of eminent domain, necessary for said district in order to maintain an adequate supply and for appropriate installations for and transmission of electric power to the persons and corporations said district may supply.

§ 1-76A. Ordinance procedure.

Said Second Taxing District may enact, modify, amend or repeal ordinances which it deems necessary to operate said district, including such rules, regulations, policies and procedures it deems necessary to define and govern the powers, duties, responsibilities, administration and operations of the district; provided, however, no ordinance, inconsistent with the scope of the district's power, duties and responsibilities, as specified in the District Charter, Special Acts of the Legislature or the Connecticut General Statutes shall be enacted.
Ordinances shall be enacted, altered or repealed, by a majority vote of the electors present and voting, at a special, regular or annual meeting of the district electors, duly noticed and warned for that purpose. Ordinances so enacted shall become effective 15 days after publication in a daily paper of circulation in the City of Norwalk.
Ordinances shall be proposed by a majority vote of the District Commissioners, at a regular or special meeting of the Commission, or by written petition of at least 10% of the electors of the district, as determined by the then current list of electors. A petition for ordinance shall include the proposed ordinance, or a summary of said proposed ordinance, prepared by the District Clerk, where the full text of the proposed ordinance has been filed with the Clerk, by an elector of the district, in which case the Clerk shall make available the full text of the proposed ordinance to any person requesting a copy.
The District Clerk shall, upon receipt of a petition, verify that each petitioner is an elector and that 10% of the electors have signed a valid petition. After certification of a valid petition, the district clerk shall forward the petition for ordinance to said District Commissioners.
When a valid proposed ordinance is before the district either through electors' petition or an action of the District Commission, the Commissioners will schedule an electors' meeting to act on said proposed ordinance within 30 days. Said electors' meeting shall be noticed and warned in a daily paper of circulation in the City of Norwalk at least 10 days before said meeting.

§ 1-77. Meetings.

(Sp. Laws 1913, No. 352, § 24; Charter Amendment 11-8-1983; Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
The notice of the time, place and agenda of all meetings of the electors residing in said taxing district shall be given by said Board of Commissioners by publishing in a newspaper having a circulation in said district at least 10 days before said meeting.
The notice of the time, place and agenda of all regular and special meetings of commissions, boards or committees of said district shall be published in a newspaper having a circulation in said district at least 24 hours before said meeting. In the case of an emergency, a special meeting may be held without the notice specified by this section, provided the minutes of such emergency meeting adequately sets forth the nature of the emergency and the business transacted at such meeting, and the minutes shall be filed with the District Clerk not later than 72 hours following the holding of said emergency meeting.
The Board of District Commissioners shall file with the Clerk of said district, by December 31, a schedule of the regular meeting of the Board for the ensuing year. All meetings of the Board not filed as a regular meeting shall be considered a special meeting.
All meetings, notices, agendas, record of meetings and procedures shall comply with the requirements and provisions of the Connecticut General Statutes, as amended, in addition to the requirements included herein.
The annual meeting of the electors residing in said taxing district shall be held on the third Tuesday of November for the purpose of hearing the reports of the Commissioners of said district and acting on such matters as may properly be brought before said meeting. Special meetings of the electors of said district may be called by said Board and shall be called upon written petition of at least 10% of the electors of said district as determined by the then current list of electors maintained by the Registrar of Voters of the City of Norwalk to consider and act upon the matters set forth in such notice of petition. The right of electors to vote at all district meetings shall be determined by the then current voting list so maintained. The notice and agenda of all meetings of the district and its commissions, boards and committees and all notifications and postings of the District Clerk shall be posted on a public meeting board outside the office of said district.
Not fewer than 15 electors of the district shall constitute a quorum for the transaction of business at any meeting of the district, and, if 15 electors are not present at such meeting, any District Commissioner, or the District Clerk, shall adjourn the meeting to a time and place certain. At any meeting of the district where a quorum is present, said meeting may be adjourned to a time and place certain by a majority vote of the electors present and voting. Any such adjourned meeting, which is rescheduled shall be warned and noticed in a newspaper having circulation in the district, at least five days before said rescheduled meeting. A copy of the notice of adjournment, including the time, date and place of the adjourned meeting, shall be conspicuously posted on or near the door of the place where the regular or special meeting was held, within 24 hours after the time of adjournment.

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

(Sp. Laws 1913, No. 352, § 25; Charter Amendment 11-8-1983; Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
Said district shall elect a seven-member Board of District Commissioners, who shall also serve as Water Commissioners and Electrical Commissioners, and a Treasurer of said district, all of whom shall be, at the time of their election and throughout their term, electors of said district and domiciled therein; and all of whom shall be sworn to a faithful discharge of their duties, shall hold their office as hereinafter provided and shall receive such compensation as said district determine at each annual meeting.
(a) 
Said Commissioners shall appoint a Clerk, who shall receive reasonable compensation as determined by said Commissioners. It shall be the duty of said Clerk to keep a record of all the transactions and meetings of said district and all of its commissions, boards and committees and discharge such duties as said Commission may prescribe or as prescribed by ordinances of said district.
The District Clerk shall perform all duties as prescribed in the General Statutes to be performed by the Clerk of the municipality, or the Clerk of the district, or the Clerk as to the extent such specific statutes are applicable to said district.
The District Clerk, for the purpose of keeping a record of meetings, may designate assistant(s) to assist with the discharge of the duties of the Clerk.
(b) 
All meetings of said district shall be electronically recorded, and suitable means to electronically record all meetings shall be provided by the clerk.
(c) 
Said Commissioners shall appoint District Legal Counsel, who shall serve as sole legal counsel to the district and all of its commissions, elected officials, district officers, agencies, boards, water and electric utilities and other operations. District Legal Counsel shall be appointed for a one-year term commencing each July 1. However said Commissioners may replace District Legal Counsel at their discretion during a term. District Legal Counsel shall advise the district and all of its commissions, elected officials, district officers, agencies boards, water and electric utilities and other operations, on all matters of law, pertaining to their respective offices and/or duties. Said Commissioners may also make specific appointments of special legal counsel as necessary, to provide specialized legal counsel at the recommendation of District Legal Counsel or on their own motion.
(d) 
Said, Commissioners may employ such personnel as may be reasonably necessary to manage, operate, control and keep in repair the real, personal and mixed estate of said district.
(e) 
Said Commissioners, with regard to all of the affairs of the district shall have all the powers and discharge all the duties as given to and required of Selectmen of towns as set forth in Section 7-12 of the General Statutes, as amended, and shall be generally responsible for the conduct of the affairs of said district.
(f) 
Said Board of District Commissioners shall have all the powers and discharge all the duties of the Board of Electrical Commissioners as set forth in Connecticut General Statutes Chapter 101, Sections 7-213 through and including 7-233hh and with respect to the Waste Department Chapter 102, Sections 7-234 through and including 7-244a, as amended, except where those sections are inconsistent with this Charter.
(g) 
Said Board of District Commissions shall appoint for terms of three years each two members of the Norwalk Public Library Board, in accordance with Chapter 87 of the Code of the City of Norwalk, Connecticut. Said members shall, at the time of their appointment and throughout their terms be electors of the Second Taxing District and be domiciled therein.
(Sp. Laws 1913, No. 352, § 25; Charter Amendment 11-8-1983; Charter Amendment 11-7-1995, effective 12-7-1995.)
(h) 
The Board of District Commissioners shall elect from their members a Chairperson and a Vice Chairperson who will serve for a period of two years from the date of election by the Board of Commissioners at the first meeting after each regular biennial municipal election in November of the odd numbered years, in the following manner:
(1) 
At the first meeting of the Board of District Commissioners, after the combination of the Board of Electrical Commissioners and the Board of District Commissioners, and the election of a seventh commissioner, as provided in § 1-78A, on or before January 31, 2004, the Board of District Commissioners shall elect from its members one person to serve as Chairperson and one person to serve as Vice Chairperson until the first meeting of the District Commissioners after the regular biennial municipal election in November, 2005 or until successors have been duly elected and qualified.
(2) 
Thereafter, at the first meeting of the Board of District Commissioners after the regular biennial municipal election, the Board shall select a person to act as Chairperson and one person to serve as Vice Chairperson from among its members for a term of two years or until successors have been duly elected and qualified.
The Chairperson shall preside at all meetings of the electors and Board of District Commissioners; present a report of the condition and operations of the District at the annual meeting; present a report on the proposed budget at the annual budget meeting; cause to be called all regular and special meetings of the electors and Board of District Commissioners; set the agenda for all meetings of the electors and Board of District Commissioners after the consultation with the Vice Chairperson; appoint such committees and/or subcommittees of the Board of District Commissioners as may be required or desirable from time to time; perform all of the duties incident to the office and which are required by law; and perform such duties and functions as the electors or Board of District Commissioners may assign from time to time. The Chairperson shall call a special meeting of the electors or Commissioners upon written petition by a majority of the Board of Commissioners, which petition shall include the agenda for such meeting. During the absence or incapacity of the Chairperson, the Vice Chairperson shall preside over meetings and shall perform the duties of the Chairperson.

§ 1-78A. Election of District Commissioners.

(Charter Amendment 11-4-2003, effective 12-4-2003.)
(1) 
The members of the Board of Electrical Commissioners in office on December 1, 2003, shall be combined with the members of Board of District Commissioner in office on December 1, 2003, to form a six-member Board of District Commissioners. Each Commissioner shall remain in office for the remainder of their current six-year elected term and until their successor is elected at a regular biennial municipal election. The six-member Board of Commissioners shall call on or before January 31, 2004, a special elector's meeting for the purpose of electing a seventh Commissioner. The seventh Commissioner shall be elected by the electors of the District at duly warned and noticed meeting with due regard for Section 9-167a of the Connecticut General Statutes, Minority Representation, until a successor is elected for a six-year term at the regular biennial municipal election of city and town officers of 2005.
(2) 
Method of election.
(a) 
At the regular biennial municipal election in 2005, three persons shall be elected as members of the Board of District Commissioners for a term of six years, or until their successors are duly elected and qualified. Thereafter, three members of the Board will be elected every six years.
(b) 
At the regular biennial municipal election in 2007 and 2009, two persons shall be elected as members of the Board of District Commissioners for a term of six years, or until their successors are duly elected and qualified. Thereafter, two members of the Board will be elected every six years.

§ 1-78B. Treasurer.

(Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
The Second Taxing District shall elect a District Treasurer, who shall perform the following duties:
1. 
Maintain the financial records and accounts of the General Second Taxing District Government, and approve all payments from the General Second Taxing District accounts to be made by the District Commissioners.
2. 
Periodically, but not less than annually, review records and accounts of the Second Taxing District General Government, including the cash receipts and disbursements of each, and report to the electors at the annual meeting the results of such examination.
3. 
Periodically, but not less than annually, review records and accounts of the Second Taxing District Electric Water Departments, including the cash receipts and disbursements of each, and report to the electors at the annual meeting the results of such examination.
4. 
Coordinate with the auditors during the auditing process, and review the final audit report, prior to its presentation to the electors, at the annual meeting of the Second Taxing District. At said annual meeting, report on the financial condition of the Second Taxing District; and make any recommendations to the electors concerning the accounts and operations of the finances of said district deemed appropriate by said Treasurer.
5. 
Perform such other duties customarily performed by the Treasurers of municipalities in appropriate cases, and as may be assigned from time to time by the electors at the annual meeting or at a special meeting called for that purpose.
6. 
In the event that a district tax shall be necessary, the Treasurer shall certify the financial condition of the district and the amount to be raised by taxation to the District Commissioners and to the Norwalk Board of Estimate and Taxation.
7. 
Execute such certifications as may be required by law or for the management of the financial affairs of the Second Taxing District.
Any provisions of the Charter of the Second District which require the Treasurer to directly and personally receive the funds raised by taxation or otherwise by the district, or to receive monies collected by the Water Department or the Electric Department are superseded by this section.

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

(Sp. Laws 1913, No. 352, § 26.)
Said District Commissioners are hereby authorized to purchase and take conveyances in the name of said Second Taxing District of all lands, property and privileges necessary or convenient for the purposes of this act; to hold in sufficient quantities the water of any stream, either within or without said district, and in either of the towns as set out in § 1-76, by the construction of suitable dams; to enter upon any lands near such proposed dams and procure earth, stone or other material for the construction and maintenance thereof and to make suitable wasteways for the surplus water of such streams; to change the location of any road or pathway which may be covered by the waters of any reservoirs so formed and to take land therefor; to enter upon and make use of the ground or soil under any railroad, street, private way or public or private grounds; to lay, construct and maintain all necessary pipes, pumps and aqueducts in such manner as least to damage or impede travel thereon; to make contracts for labor and materials for the general purpose of said waterworks; to establish public reservoirs; to erect and maintain hydrants under the direction of the Council of the city; to make rules and regulations regarding the use and distribution of said water and establish the prices to be paid therefor; to collect all water rents and pay the same to the Treasurer of said district; to admit, allow and draw orders on said Treasurer for the payment of all claims against said district on account of said waterworks, including payment of interest on notes and bonds issued on account of such works; to attend to the construction, care, supervision and management of said waterworks; to appoint Directors of the public library of said district as vacancies in the Board shall occur; to care for, maintain and keep in repair, except as herein otherwise provided, all the property of said district, with the power to lease or sell the same, delivering the income and proceeds of such sales to the Treasurer of said district and to apply the proceeds therefrom in such manner as said District Commissioners may be authorized by said district; and to exercise any powers that may from time to time be conferred upon them by said district. A majority of said Commissioners shall constitute a quorum for the transaction of any of the business of the Board.

§ 1-79A. Removal of elected officials.

(Charter Amendment 11-8-1983.)
A.1 
Grounds for removal from elected office. Any elected official of the district shall be subject to removal from office upon any of the following grounds:
a. 
Conviction of a felony;
b. 
Conviction of a misdemeanor involving misconduct in office;
c. 
A finding of incompetency according to Connecticut General Statutes Section 45-70d;
d. 
Removal of domicile from the Second Taxing District of the City of Norwalk.
A.2 
Special Committee; creation and action.
a. 
Within 10 days after receipt of formal notice of the indictment or arrest for a felony or a misdemeanor involving misconduct in office or of competency hearing pursuant to C.G.S. Section 45-70c or removal of domicile from the Second Taxing District of the City of Norwalk of an elected official of the district, a Special Committee shall be selected by the District Commissioners. The purpose of the Special Committee shall be to consider those matters set forth in Subpart (e) of this Article. In the event the District Commissioners fail to select those electors as members of the Special Committee within the said ten-day period, the electors, at a special meeting called for that purpose in accordance with § 1-77, shall elect three persons to be members of said Committee.
b. 
Said Special Committee shall consist of the following: 1. all elected officials of the District serving in office at the time of formal notice, excluding those elected officials who are the subject of the Special Committee's examination; and 2. three electors of the district chosen by those District Commissioners serving in office at the time of formal notice, excluding those subject to the Special Committee review. The Special Committee shall continue as so constituted until it takes final action notwithstanding intervening elections.
c. 
A meeting of said Special Committee shall be held within 30 days following receipt of the formal notice of indictment, arrest or application for a hearing to determine competency or removal of domicile all as set forth in Subsection (a) of this section. The senior District Commissioner, and, if there be none, the senior Electrical Commissioner, shall preside over the meetings of said Committee. If there are no elected officials eligible to sit on said Committee, a Chairman shall be elected from among the members of the Committee. The District Clerk shall act as secretary to the Committee, but shall have no vote.
d. 
The phrase "formal notice," as used in this Article, shall mean receipt by the District Clerk of a written instrument issued by any public official having knowledge of the appropriate events attesting to the occurrence of that event.
e. 
Written notice of the meeting of the Special Committee shall be sent by certified mail to the elected official who is the subject of the examination to his address in the Second Taxing District or last known address by the said Committee not less than 15 days before the meeting date. The notice shall specify 1. the nature of the grounds for suspension and removal; 2. the legal consequences thereof; 3. the time and place of the meeting. The notice shall further state that the elected official has a right to be present at the meeting and has a right to be represented by an attorney at his or her own expense.
Notice of the meeting shall also be given by publication thereof in a newspaper having a general circulation within the Second Taxing District no more than 15 nor less than seven days before the date of the meeting.
f. 
The Special Committee shall consider the allegations involving each elected official so indicted, arrested, subject to competency hearing or accused of removing his domicile, separate and apart from the allegations involving any other elected official. The Special Committee shall decide 1. whether there is sufficient evidence based on the facts adduced at the hearing to require suspension of said elected official; 2. the length of said suspension if required; and 3. the terms of reinstatement to office. These matters shall be determined by a simple majority vote of the entire Special Committee.
g. 
Upon a decision by the Special Committee to suspend an elected official, said elected official shall be forthwith suspended from all duties, authority and compensation relating to his or her office until reinstatement. Upon reinstatement, all compensation due said elected official that he would have earned had he or she not been suspended shall become due and payable. No term of office shall be extended by any action of the Special Committee.
h. 
Within 10 days of receipt of formal notice of a plea of guilty, an entry of a plea of nolo contendere or verdict finding said elected official guilty of a felony or misdemeanor involving misconduct in office or upon a finding by court of competent jurisdiction that said official is incapable of managing his or her affairs or incapable of caring for himself or herself pursuant to C.G.S. Section 45-70d or upon a finding by the Special Committee that said official has removed his or her domicile from the Second Taxing District of the City of Norwalk, the Special Committee shall declare the office of said official vacant and so notify the District Commission. The District Commission shall, after receiving said notice, fill said vacancy as provided in § 1-174 of this Charter unless within a ten-day period after the action of the Special Committee a referendum is requested pursuant to Section A.3 of this Charter.
i. 
Within seven days of a receipt of formal notice of a verdict finding said elected official not guilty or upon the entering of a nolle prosequi by the State's Attorney or dismissal of a felony or misdemeanor involving misconduct in office or upon the dismissal of the application to appoint a conservator or similar petition or upon a finding that said official has not removed his or her domicile from the Second Taxing District of the City of Norwalk, the Special Committee shall be reconvened by its Chairman for the purpose of declaring the suspension revoked and the official reinstated to his or her office; said reinstatement to be in accordance with the provisions of Section A.2.
A.3 
Electors' right to referendum. Any provision of the Charter of the Second Taxing District of Norwalk to the contrary notwithstanding, the final action of the Special Committee in declaring an elected official suspended pursuant to Section A.2h or an office vacant pursuant to Section A.2g, unless otherwise provided by the Acts of the General Assembly or Constitution of the State of Connecticut, shall be subject to referendum as set out herein.
a. 
The electors of the Second Taxing District may petition for a referendum on any action taken by the Special Committee. The action of the Special Committee shall not be subject to referendum unless a petition in a form similar to that set out in A.3b of this Article and signed by not less than a number of electors equal to 10% of the total number of persons entitled to vote at the previous election is filed with the District Clerk within 30 days of the action of the Special Committee. Failure to so file will result in the action of the Special Committee being final for all purposes.
b. 
The form of petition shall be substantially as follows:
The undersigned electors of the Second Taxing District of the City of Norwalk hereby request that action of the Special Committee (removing) (suspending) (not removing) (not suspending) (failing to remove/suspend) from the office of be disapproved by means of a referendum election to be held thereon.
(Lines for the signature and addresses of 20 electors shall follow the above.)
The undersigned circulator hereby attests that:
1.
Each person whose name appears on this page personally signed the same in my presence.
2.
Each person whose name appears on this page is either personally known to me or has satisfactorily identified himself to me.
3.
All the signatures on this page were obtained no earlier than six months prior to the filing of this petition with the District Clerk for the Second Taxing District of the City of Norwalk.
I recognize that the above statements are made by me subject to the penalties for false statement.
  Signature of Circulator
  Date
  Name of Circulator
  (to be typed or printed)
c. 
The District Clerk shall review all petitions returned hereunder within five days of their receipt by him and shall certify to the District Commissioners:
1. 
The number of validated signatures necessary to equal the signatures of 10% of the electors of the district entitled to vote at the last election.
2. 
On each page of said petitions the number of valid signatures.
3. 
The total number of valid signatures.
4. 
Either a. verifying the timely receipt of petitions and that they are in proper order and contain the necessary number of signatures; or b. shall so issue a statement that such petitions were not timely received by him or were not in proper order or contained less than the necessary number of signatures.
d. 
No action upon the decision of the Special Committee shall be implemented regarding any matter which is subject to referendum until 30 days shall have passed after the date of the action by the Special Committee. In the event that the District Clerk issues a statement verifying the timely receipt of petitions in proper order containing the signatures of 10% of the electors of the district, then no such suspension or vacancy shall be effective until the referendum election on such action is held and the action is upheld.
e. 
The referendum election shall be held not earlier than 30 days nor later than 45 days after the aforesaid verification.
f. 
No decision of the Special Committee as set forth above shall be invalidated unless at the election thereon at least 25% of the electors of the Second Taxing District of the City of Norwalk cast a written ballot at a special meeting of electors called for that purpose with respect to such action, and a majority thereof disapprove said action. A majority of the vote cast shall decide the referendum.
g. 
Every referendum pursuant to this Article and the removal from office of any elected official of said Second Taxing District of the City of Norwalk pursuant thereto shall be binding upon the District Commissioners, the Electrical Commissioners and the Treasurer of said district.
h. 
If upon the official determination of the result of the referendum, the suspension or removal of an elected official from office is affirmed by the electors, the District Commission shall forthwith continue the suspension or fill the vacancy created by the action of the Special Committee.
i. 
If upon the official determination of the result of the referendum, the suspension or removal of the elected official is disapproved by the electors, then said elected official shall immediately resume his duties and emoluments of office, including compensation for such period of time as has been withheld by reason of his suspension. In no way shall any suspension extend his original term of office.
j. 
1. 
Each paragraph, subparagraph and each provision of each paragraph and subparagraph of this Article shall be separable, and the invalidity of any portion of any paragraph or subparagraph shall not affect the validity or enforcement of any other portion. Should any provision be found to be invalid as to any circumstance, such provision shall apply to all other circumstances to which such provision may lawfully apply.
2. 
Should any provision of this Article conflict with any other provision of any other section of this Article or any other Article of this Charter, the provision of this Section A.3 shall apply, take precedence over and supersede such other provision.

§ 1-79B. Code of Ethics.

(Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
The following Code of Ethics shall apply to all elected officials, appointed members of committees ("public officials") and all employees of the Second Taxing District.
1. 
A public official or employee shall not participate in any matter in which the public official or employee has a personal or financial interest, nor shall such person participate in any matter in which a business that the person is associated with, or in which a member of the person's immediate family has a personal or financial interest. If the matter is within the public official's or employee's duties and responsibilities, the public official or employee shall disclose the nature of the personal and financial interest, and shall be disqualified from participation in such matter.
2. 
A public official or employee shall not participate in any business or transaction, including employment with a private or public business, which is incompatible with the proper discharge of the public official's or employee's duties and responsibilities.
3. 
A public official or employee shall not use, directly or indirectly, for personal gain, any confidential information concerning the business of the Second Taxing District, which is obtained solely by virtue of the public position or employment held by such person, and is of such nature that it is not, at the time of the use of such information, a matter of public knowledge or public record, or required to be disclosed to the public by law.
4. 
A public official or employee shall not seek, solicit or accept any compensation from any person, firm or corporation which transacts business with the Second Taxing District, or from any person, firm or corporation which has a direct personal or financial interest in any matter pending before any commission, committee or department of the Second Taxing District, or concerning a matter within the official responsibility of the public official or employee.

§ 1-79C. Ethics Commission.

(Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
1. 
Election:
(A) 
An Ethics Commission consisting of seven electors, no more than four of whom shall be members of the same political party, shall be elected at the annual meeting of the Second Taxing District, each member to serve for a term of one year, commencing upon election at the annual meeting and serving until the next annual meeting. If a vacancy occurs during the one-year term, said vacancy shall be filled by the District Commission at a regular or special meeting called for that purpose. The vacancy shall be filled with an elector from the same political party of the vacating member. If the vacating member was not registered with a political party, the vacancy shall be filled with an unaffiliated elector.
(B) 
The Moderator of the annual meeting shall accept nominations for candidates from the electors of the District, which nominations will not require a second. Each elector so nominated shall affirm on the record their willingness to serve or a written statement signed by the elector of willingness to serve may be provided to the Clerk prior to the nomination. The District Clerk shall prepare a list of the candidates including their official political party affiliation ranked from the highest to the lowest according to the number of votes each receives; when the number of any one political party exceeds four, only candidates of such political party with the highest number of votes up to the limit of four shall be elected, and the names of the remaining candidates of such political party shall be stricken from the list. The next highest ranking candidates shall be elected up to the number of seven.
2. 
Duties of Commission: The principal duties of the Ethics Commission shall be:
A. 
To receive and/or initiate complaints of violations of the Code of Ethics.
B. 
To conduct investigations and private hearings on alleged violations with complete access to all necessary and relevant district records, and to obtain the full cooperation of all district agencies, officers, officials and employees in connection therewith.
C. 
To transmit the written findings of such hearings and/or investigations to the District Commissioners, the electors and the individual(s) directly involved.
D. 
To render advisory opinions to the officer, employees, officials and Commissioners of the district, or any of its committees pursuant to written request or upon its own initiative.
E. 
To make recommendations to the district for changes to the Code of Ethics by ordinance.
3. 
Procedures: The following procedures shall be followed by the Ethics Commission:
A. 
The Commission shall convene only upon:
1. 
Written notice from the District Clerk of the receipt of a written ethics complaint by an elector of the district.
2. 
A request for a meeting, containing a statement for the purpose of the meeting, submitted to the District Clerk by at least four members of the Commission.
3. 
Upon the request of the District Commissioners for a specific purpose.
B. 
A meeting of the Commission shall convene within seven days after the receipt of the request for a meeting. The Commission shall provide written notice of the date, time and place of the meeting and the nature of the complaint to any person who is the subject of an ethics complaint, or concerning whom an ethics investigation has been requested.
C. 
Said Commission may interview any persons who have any relevant information, may receive any written documents, including financial information, and may receive any information which they deem appropriate.
D. 
Any person who appears before the Commission shall have the right to be represented by an attorney. Said Commission shall have the right to seek legal advice from the District Counsel.
E. 
All meetings of the Ethics Commission concerning the investigation of a complaint shall be conducted in executive session, convened by 2/3 vote of said Commission, for the purpose of a discussion concerning the employment, performance or dismissal of a public officer, or an employee, provided that the individual who is the subject of the investigation may require that the discussion be held at an open meeting.
F. 
At the conclusion of each investigation, the Commission shall issue a written report setting forth the purpose of the investigation, its findings and recommendations. If the Commission shall find probable cause of a violation of the Code of Ethics, the Commission shall:
1. 
In the case of an elected official, refer the written report to the District Clerk for the initiation of appropriate action in accordance with § 1-79a of the Charter.
2. 
In the case of any other public official, such as a member of a committee, the written report shall be sent to the appointing authority for appropriate action.
3. 
If the person involved is an employee, the written report shall be delivered to the District Commission.
4. 
The individual concerned with the investigation shall be given written notice of the findings and recommendations of the Commission.
G. 
A quorum of the Commission shall consist of not less than five members. No finding of probable cause shall be made except upon clear and convincing evidence of a violation of the Code of Ethics, or other relevant law, and upon the vote of at least five members of the Commission.

§ 1-79D. Vacancies.

(Charter Amendment 11-7-1995, effective 12-7-1995.)
Whenever any elective officer of the Second Taxing District shall die, resign or remove their residence from said district or, by reason of permanent mental or physical disability or infirmity, shall become incapacitated to discharge the duties of said office or shall be convicted of malfeasance in office or any infamous crime, or is removed from office as provided in § 1-79A, or when any vacancy shall occur in any elective office from any cause, the Clerk of the district shall give notice of said vacancy and convene a special meeting of the District Commissioners, upon at least 10 days' notice of such vacancy.
1. 
At said special meeting, the District Commissioners shall declare such office vacant and shall give written notice within seven days of said meeting to the chairman of the Town and City Committee of the political party from which the former incumbent was chosen of the existence of the vacancy and that the vacancy is to be filled by an elector selected by the members of the Town and City Committee of the political party of the former incumbent who resides in the Second Taxing District. The members of said Town and City Committee residing in the Second Taxing District shall fill the vacancy with an eligible elector within 60 days of the date on which the District Commissioners declared the office vacant. If the former incumbent was registered with a political party not having a Town Committee, the position may be filled by an elector selected by a caucus of the registered members of said political party, who resides in the district, within 60 days of the date on which the position was declared vacant by the District Commissioners. Written notice of such appointment shall be given by the political party to the District Commissioners, who shall declare such vacancy filled at the next regular or special meeting of the District Commissioners. The appointee, so designated, shall serve through the remainder of the term of the office left vacant.
2. 
Upon the failure of the appropriate Town and City Committee or political party caucus to fill the vacancy with a qualified elector within 60 days of the date on which the position was declared vacant by the District Commissioners, the position shall be filled by the District Commissioners with an eligible elector who is a member of the same political party of the former incumbent and who resides in the Second Taxing District and meets all qualifications for office as set forth below.
3. 
If the former incumbent was not registered with a political party, the District Commissioners shall fill said vacancy with an unaffiliated elector, who shall serve until the next municipal election, at which time a person shall be elected to serve through the remainder of the term of the office left vacant.
4. 
The vacancy shall be filled by an elector residing in the Second Taxing District. No Commissioner serving in office may be appointed to fill any vacancy. If the vacancy is filled by the District Commission, no elector who is related by blood or marriage, to wit: spouse, parent, child, sibling or in-law of these degrees of relationship, to a District Commissioner shall be appointed to fill a vacancy on the District Commission.
5. 
The term "political party" or "party," as used in this section, shall mean any political organization whose members appear on the current list or last official list required to be maintained under § 9-66 of the Connecticut General Statutes.

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

(Sp. Laws 1913, No. 352, § 27.)
Said district shall be liable to pay all damages that shall be sustained by any person or corporation by the taking of any land or estate as aforesaid or by the construction or laying of any reservoirs, pipes, pumps, aqueducts or other works for the purposes of said waterworks. If at any time it shall appear that any damage has occurred or may be likely to occur to any person or corporation by reason of taking or using their land or estate for the purposes of this act or in the construction of said waterworks, and said Board of District Commissioners cannot agree with the owners of such property or privilege as to the amount of compensation or damages to be paid to them, such compensation or damages may be assessed by three disinterested persons under oath, to be appointed by a Judge of the Superior Court on application by either party, upon such notice as said Judge shall prescribe. Said appraisers shall report their doings and the amount of their assessments to the Superior Court for Fairfield County. Said Court may set aside such report for any irregular or improper conduct and may appoint another committee, but if said report is accepted, it shall be recorded, and such assessments shall be a final adjustment of said compensation and damages between said parties, and payment thereof or a deposit of the amount thereof with the Treasurer of said county for the use of such owners shall release said district from liability to further claims for compensation or damages.

§ 1-80A. Obligation of the Commissioners.

(Charter Amendment 11-8-1983.)
The Commissioners shall recognize at all times, as their primary obligation, the duty to provide a supply of pure and wholesome water to the inhabitants of the Second Taxing District and to provide an adequate supply of electrical power to said inhabitants of the Second Taxing District, both at the lowest, reasonable cost, always considering the long-term needs of the utilities. Any expansion outside the district should be undertaken only if it is calculated to benefit the inhabitants of the Second Taxing District and without putting them at unneeded risk or expense.

§ 1-81. Budgets and finance.

(Charter Amendment 11-4-2003, effective 12-4-2003.)
A. 
Fiscal year: The fiscal year for the Second Taxing District shall be for a period commencing on July 1 of each year and ending on June 30 of the following year.
B. 
Accounts and procedure: The accounting for the funds and operations of the district shall consist of three components: General District Government, Water Department and Electric Department.
The accounting and bookkeeping for each utility shall be maintained separately and distinctly from the accounting and bookkeeping of the taxing district.
C. 
General District Government: The General District Government accounts shall be used to manage, operate and control said taxing district, to maintain and keep in repair all property, both real and personal, which said district may possess and to perform all such duties as directed by the electors of said district at a regular or special meeting of said district, except said general accounts shall not include funds used for the purpose of managing, operating, controlling or maintaining and keeping in repair all property, both real and personal, utilized for the purposes of supplying electricity or water. Separate accounts shall be maintained in the budget for each utility.
D. 
Water Department: All income from water service rates and charges shall be applied to defray the current expenses of said Water Department and to pay the current interest on notes, bonds or certificates of indebtedness incurred in relation to said Water Department and to the extinction of principal on said notes, bonds and certificates of indebtedness, as required by holders. After the payment of current expenses, interest and debt principal, funds shall be used for the purpose of funding current capital projects, including replacement of facilities or the purchase of new facilities, all for the purposes of constructing appropriate facilities necessary for said Water Department. If a surplus exists for the current year, funds shall be transferred to the Water Department reserve fund for future use by said Water Department or, if a deficit exists, funds shall be transferred from the Water Reserve Fund to provide for current operating or capital expenses. Transfers to or from the district account shall be made to or from the Water Reserve Fund, as recommended by the District Commission and approved by the electors at the annual budget meeting, or any regular or special meeting noticed and warned for that purpose.
The District Commissioners, acting as Water Commissioners, shall adopt the budget of the Water Department, consisting of income from water service, expenses, capital appropriations and the changes to the Water Department Reserve Fund for the ensuing year no later than the third Wednesday in February, which budget shall be approved by a majority of said District Commissioners. Said budget shall then be provided to the district for the purpose of inclusion in the annual district budget. Any request by the District Commission for transfer of funds from the district reserve account to the Water Department Reserve Fund, for use in the operating or capital budget of the Water Department, shall be submitted as part of said district budget.
E. 
Electric Department. All income from electric service, rates and charges shall be applied to defray the current expenses of said Electric Department and to pay the current interest on notes, bonds or certificates of indebtedness incurred in relation to said Electric Department and to the extinction of principal on said notes, bonds and certificates of indebtedness, as required by holders. After payment of current expenses, interest and debt principal, funds shall be used for the purpose of funding current capital projects, including replacement of facilities or the purchase of new facilities, all for the purposes of constructing appropriate facilities necessary for said Electric Department. If a surplus exists for the current year, funds shall be transferred to the Electric Department Reserve Fund for future use by said electric Department or, if a deficit exists, from the Electric Reserve Fund to provide for current operating or capital expenses. Transfers to or from the district account shall be made to or from the Electric Reserve Fund, as recommended by the District Commissioners, and approved by the electors at the annual budget meeting, or any regular or special meeting noticed and warned for that purpose.
The District Commissioners shall adopt the budget of the Electric Department, consisting of income from electric service, expenses, capital appropriations and the changes to Electric Department Reserve Fund for the ensuing year, no later than the third Wednesday in February, which budget shall be approved by a majority of said District Commissioners. Said budget shall then be provided to the district for the purpose of inclusion in the annual district budget. Any request by the District Commission for transfer of funds from the district to the Electric Department Reserve Fund, for use in the operating or capital budget of the Electric Department, shall be submitted as part of said district budget.
F. 
Procedure for adoption of budget. On or before the first Wednesday in March, the District Commissioners shall prepare a general district government budget, which shall include all sources of revenue to the district, the transfer of funds between the Water or Electric Reserve Fund and the District Reserve Fund, all expenses of said district, including the interest and principal due on notes, bonds or certificates of indebtedness of said district, not related to said Water Department or Electric Department, any capital appropriations of said district, not related to said Water Department or Electric Department, any amount to be transferred to a special reserve fund and any amount necessary to be collected through a tax and the application of any surplus or deficit to the General Fund Reserve. The general water and electric budgets shall be combined into a single district budget, for adoption by the District Commission. The district budget shall be submitted for the approval of the electors of the district at the annual budget meeting.
The Clerk of the district shall publish a summary of the district budget as adopted by the District Commission in a newspaper of general circulation in the City of Norwalk no later than the second Wednesday in March, which notice shall inform the electors of the district that the entire budget document is available for inspection at the district office.
G. 
Annual budget meeting. The annual budget meeting of the electors of the Second Taxing District shall be held on the third Tuesday in March of each year. At which meeting, the District Commissioners shall present the annual budget for the ensuing fiscal year to the electors for approval. Said electors may approve, reject or reject with comment the proposed budget as adopted by the District Commissioners by a majority vote of the electors present and voting at the meeting. If the budget is rejected by the electors, it shall be sent back to the District Commissioners who shall modify the budget as they deem appropriate by reconsidering the general district budget, the Electric Department and the Water Department budget. The District Commissioners, after making alterations to the general fund, Electric Department and Water Department budgets as they deem appropriate, shall adopt a revised budget for presentation to the electors for approval. The District Commission shall call a special meeting of the electors for approval of the budget as revised or resubmitted. In the event that the electors have not approved an annual budget by July 1, the start of the fiscal year, the prior year's budget shall be used for a period of up to 90 days for the purpose of continuing the business of the taxing district and its utilities. If after 90 days a budget is not approved by the electors, the prior year's budget well be used on a month-to-month basis for the purpose of continuing the operations of the district and the Water Department and Electric Department, until such time as a budget is approved by the electors.
H. 
Reserve fund: The district is empowered to establish special district reserve funds, to be set aside in special reserve accounts, which shall be used only for the purpose for which the fund was approved. Said reserve funds shall be approved by a majority of the electors present and voting at the annual budget meeting, the annual meeting or a special meeting of the electors, duly warned and noticed for that purpose. Transfers from a special district reserve fund for other purposes may be made only by a two-thirds majority of the electors present at the annual budget meeting, the annual meeting or any special meeting of the electors called for that purpose.

§ 1-82. Taxation.

(Sp. Laws 1913, No. 352, § 29; Sp. Laws 1921, No. 189, § 2.)
In case the income from water rents is inadequate to meet the current expense of said waterworks and the interest of said notes, bonds or certificates, or the income from the electric light and power plant is at any time inadequate to meet the current expenses of said electric light and power plant and the interest of all indebtedness incurred on account of said electric light and power plant, a tax on all property and persons liable to taxation in said district shall be laid to supply such deficiency by the Board of Estimate and Taxation of the city at any meeting called for that purpose upon application of said Board of District Commissioners, and said tax shall be collected in the same manner as other city taxes. Said Board of Estimate and Taxation may lay and collect taxes for the purpose of paying any and all debts of said district and establishing a sinking fund for that purpose. The avails of such taxes shall be paid to the Treasurer of the district for said purposes only. The Board of Estimate and Taxation shall lay a tax to defray the expenses of the public library of said district to the amount appropriated by said district at any annual or special meeting.[1]
[1]
Editor's Note: See Art. XIX, Library Appropriations.

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

(Sp. Laws 1913, No. 352, § 30; Sp. Laws 1933, No. 340, § 2; Sp. Laws 1951, No. 572.)
Any claim of said district for use of water or for rent of hydrants shall be a lien upon the real estate or property wherein or in connection with which water was used or on which such rent was assessed, and such lien shall have the same effect as a lien for taxes under the provisions of the General Statutes and shall have precedence over any prior encumbrance on such property except a tax lien. Such lien may be foreclosed by said district before any court having jurisdiction in the same manner as a mortgage may be foreclosed. The Board of District Commissioners shall have power to issue warrants for the collection of all such claims in the form prescribed by law for the collection of taxes, or to some indifferent person named therein, who shall have the same power to levy and collect the same as have collectors of town taxes.

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

(Sp. Laws 1913, No. 352, § 31; Charter Amendment 11-8-1983; Charter Amendment 11-7-1995, effective 12-7-1995; Charter Amendment 11-4-2003, effective 12-4-2003.)
Said Board of District Commissioners shall keep a record of its proceedings and an accurate account of its receipts and disbursements appertaining to said Water and Electric Department and a like account of its receipts and disbursements in connection with all other properties of said district, verified by proper vouchers, which accounts shall be open at all reasonable time to inspection by any taxpayer of said district. Said Board shall annually render to said district a statement of said accounts, and which statement shall be approved by a majority of said District Commissioners and recorded in the records of said district. Said Board shall include in its annual report a statement of its doings and a general statement of the condition of the Water Department, the Electric Department and the property of said district, with an estimate of all sums required for said Water Department, the Electric Department and other purposes of said district, a detailed estimate of all income expected to be received and an estimate of the surplus or deficit, the amount needed to be raised by taxation and a detailed statement of all claims outstanding against said district.
The Treasurer of said district shall keep a record of proceedings and an accurate account of receipts and disbursements, verified by proper vouchers, which accounts shall be open at all reasonable time to inspection by any taxpayer of said district. Said Treasurer shall render annually to said district a statement of said accounts, and which statement shall be sworn to by the Treasurer and recorded in the records of said district.
All financial reports, statements and accounts of said district and its Treasurer, commissions, boards and committees shall be audited at least annually by an independent auditor who shall be a public accountant, certified as such, by the State of Connecticut. The independent auditor shall be appointed by the Board of District Commissioners, which appointment shall be ratified by the electors of said district at the annual budget meeting.

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

(Sp. Laws 1913, No. 352, § 32; Charter Amendment 11-8-1983; Charter Amendment 11-4-2003, effective 12-4-2003.)
Said Board of District Commissioners may, with the consent of the electors of said district, supply water from the Water Department or electricity from the Electric Department of said district to any person or corporation within or without the geographical limits of said district.

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

(Sp. Laws 1913, No. 352, § 33; Charter Amendment 11-8-1983.)
Any person who shall willfully injure the water in any reservoir, aqueduct, hydrant, pipe or pump or destroy or injure any portion of said works or any material or property used in connection therewith shall be fined not more than $500 or imprisoned not more than one year, or both. Said district shall have power to enact bylaws at any annual or special meeting imposing penalties and forfeiture for the violation of any of the rules and regulations of the Board of Commissioners of said district, provided such penalties or forfeitures shall be in accordance with those prescribed for Class C misdemeanors in the State of Connecticut for each offense. Said bylaws shall not become effective until 10 days after the date of publication in a newspaper having a circulation in said district.

§ 1-87. Brooks and streams.

(Sp. Laws 1929, No. 471, § 1.)
The Second Taxing District of the City of Norwalk, successor to the City of South Norwalk, shall have the full and exclusive right, privilege and power to take, acquire and use the waters of the "Wilton Branch," so-called, of the Silvermine Stream, emptying into the Norwalk River and of the North Wilton Brook, Barrett's Brook or Comstock's Brook, as said brook is locally known, also emptying into said Norwalk River, to and including the headwaters of said stream and brook and the tributaries thereof, all to be used and employed by said district in accordance with the provisions of An Act to Provide a Supply of Pure and Wholesome Water to the City of South Norwalk, approved July 22, 1874, and any and all acts amendatory thereof.

§ 1-88. Providing and selling water.

(Sp. Laws 1929, No. 471, § 2.)
The exclusive right and privilege to provide and sell water by means of reservoirs, conduits and pipes within the limits of the City of Norwalk is granted to the First Taxing District of said city and to the Second Taxing District of said city; the area to be supplied by said districts, respectively, to be as agreed upon by and between the respective Boards of Commissioners of said districts.

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

(Sp. Laws 1919, No. 306, § 1.)
The Second Taxing District of the City of Norwalk is authorized to erect on land now owned by said district, or on land contiguous thereto which shall hereafter be acquired by said district, a suitable loft or factory building, or buildings, and to rent or lease the same to manufacturers who shall desire to locate and conduct business therein. Any loft or factory building erected by said district shall be managed and rented or leased on behalf of said district by its District Commissioners.

§ 1-90. Obtaining land for factory building.

(Sp. Laws 1919, No. 306, § 2.)
For the purpose of erecting such building or buildings said district is authorized to obtain such additional land by gift or purchase as shall be necessary therefor, and to borrow money for the purchase of such land and the erection of such building or buildings, and to secure the money so borrowed by mortgage on said land, or on said land and building or buildings.

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

(Sp. Laws 1919, No. 306, § 3.)
Before purchasing any additional land or erecting any loft or factory building, the District Commissioners shall submit the proposition to purchase any land or to erect any such building at a regular or special meeting of said district; and such meeting shall determine the advisability of such proposed purchase of land or erection of building or buildings, the amount of money to be expended and the amount to be borrowed therefor, the amount of mortgage to be executed and delivered to secure such borrowed money, and the terms of such mortgage; and the District Commissioners shall not purchase any land, erect any loft or factory building or buildings or borrow any money for such purpose or purposes unless instructed by said district so to do.

§ 1-92. Sale of land.

(Sp. Laws 1919, No. 306, § 4.)
Said Second Taxing District is authorized to sell and convey any land owned or which shall hereafter be owned by said district which is not or at any time shall not be required for the purposes of said district, but no such sale or conveyance shall be made unless the District Commissioners have been authorized by regular or special meeting of said district to sell and convey the same.

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

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

§ 1-94. Fund distribution and liquidation.

(Sp. Laws 1949, No. 19, § 2.)
The Board of Electrical Commissioners of the Second Taxing District of the City of Norwalk is authorized to provide suitably for any persons now receiving the benefits of said act out of monies now in the pension fund therein provided for in the same manner and the same amount as provided under said act, and, after making provision for said persons, to administer and liquidate the balance of any monies remaining in the said fund in a manner fair and equitable to those contributing thereto.

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

(Sp. Laws 1917, No. 176, § 1.)
The Second Taxing District of the City of Norwalk is authorized to issue serial bonds to an amount not exceeding $400,000 registered or with coupons attached, bearing interest at a rate not greater than 4 1/4% per annum, payable semiannually, the first installment of such bonds to mature within three years from the date of issue and the remainder of the principal thereof to be payable at some certain time or times not later than 30 years from the date thereof. Such bonds shall be sold at not less than par and the avails thereof used only for the extension, improvement and enlargement of the water or electric works, or both, of said district, including the building and equipping of a new plant.

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

(Sp. Laws 1917, No. 176, § 2.)
Said district, at any special meeting of the legal voters thereof, duly warned and held, shall determine, subject to the foregoing limitations, the several and aggregate amounts of such bonds, the annual rate of interest thereon, the dates and times of the issue and maturity of the same, the manner in which such bonds shall be issued, and the person or persons by whom such bonds shall be signed, executed, negotiated, sold and delivered on behalf of said district; and such bonds, when so signed, executed, issued and delivered, shall be obligatory upon said district and upon the inhabitants thereof according to the tenor of the same.

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

(Sp. Laws 1923, No. 157, § 1.)
The Second Taxing District of the City of Norwalk is authorized to issue serial bonds to an amount not exceeding $78,000 registered or with coupons attached, bearing interest at a rate not greater than 5% per annum, payable semiannually, the first installment of such bonds to mature four years from the date of issue, the second installment of such bonds to mature seven years from the date of issue and the third installment of such bonds to mature 10 years from the date of issue. Such bonds shall be sold at not less than par and the avails thereof used only for the purpose of paying, canceling and retiring notes in equal amount issued by said district for the purpose of paying and retiring certain street paving bonds which matured August 1, 1922.

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

(Sp. Laws 1923, No. 157, § 2.)
Said district, at any special meeting of the legal voters thereof, duly warned and held, shall determine, subject to the foregoing limitations, the several and aggregate amounts of such bonds, the annual rate of interest thereon, the dates and times of the issue and maturity of the same, the manner in which such bonds shall be issued and the person or persons by whom such bonds shall be signed, executed, negotiated, sold and delivered on behalf of said district; and such bonds, when so signed, executed, issued and delivered, shall be obligatory upon said district and upon the inhabitants thereof according to the tenor and purport of the same.

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

(Sp. Laws 1923, No. 157, § 3.)
After the issue of the bonds hereby authorized, or of any part thereof, the Board of Estimate and Taxation of the City of Norwalk shall annually make an appropriation and levy taxes to pay the interest on such bonds, and shall also annually appropriate and levy taxes to raise such sum or sums of money as shall be required to pay such bonds at maturity, which money, when so raised, shall be deposited at interest in the sinking fund of said second taxing district and, with its increase, shall be used and expended only for the payment of such bonds.

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

(Sp. Laws 1923, No. 157, § 4.)
The amount of the bonds issued under §§ 1-97 to 1-100 with the amount of the outstanding indebtedness of said city, shall not exceed, exclusive of the amount of bonds issued for water supply and of notes or other evidences of indebtedness placed in the sinking fund, 5% of the grand list of said city.

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

(Sp. Laws 1923, No. 126, § 1.)
The Second Taxing District of the City of Norwalk is authorized to issue bonds to an amount not exceeding $300,000, registered or with coupons attached, bearing interest at a rate not greater than 5% per annum, payable semiannually. Such bonds shall be issued in serial form, payable, as consecutively numbered, in such equal amounts each year, beginning five years after their date, that the whole amount thereof shall be paid within a time not exceeding 40 years from their date. Such bonds shall be sold at not less than par and the avails thereof used only for the extension, improvement and enlargement of the waterworks of said district including a new or additional filtration plant.

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

(Sp. Laws 1923, No. 126, § 2.)
Said district, at any special meeting of the legal voters thereof, duly warned and held, shall determine, subject to the foregoing limitations, the several and aggregate amounts of such bonds, the annual rate of interest thereon, the dates and times of the issue and maturity of the same, the manner in which such bonds shall be issued, and the person or persons by whom such bonds shall be signed, executed, negotiated, sold and delivered on behalf of said district; and such bonds, when so signed, executed and delivered, shall be obligatory upon said district and upon the inhabitants thereof according to the tenor and purport of the same.

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

(Sp. Laws 1923, No. 126, § 3.)
After the issue of the bonds hereby authorized, or of any part thereof, the Board of Estimate and Taxation of the City of Norwalk shall annually make an appropriation and levy taxes to pay the interest on such bonds, and shall also annually appropriate, and levy taxes to raise, such sum or sums of money as shall be requested by the Commissioners of said district for the purpose of paying such bonds at maturity, which money, when so raised, shall be deposited at interest in the sinking fund of said Second Taxing District and, with its increase, shall be used and expended only for the payment of such bonds.

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

(Sp. Laws 1925, No. 447, § 1.)
The Second Taxing District of the City of Norwalk is authorized to issue bonds to an amount not exceeding $30,000 registered or with coupons attached, bearing interest at a rate not greater than 5% per annum, payable semiannually, which bonds shall be sold at less than par and shall be serial in form, payable, as consecutively numbered, so that the whole amount shall be paid within a time not exceeding 30 years from their date. The avails of such bonds shall be used only to refund certain public improvement bonds issued by said district under its former name of the City of South Norwalk which are to mature July 1, 1925.

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

(Sp. Laws 1925, No. 447, § 2.)
Said district, at any special meeting of the legal voters thereof, duly warned and held, shall determine, subject to the foregoing limitations, the several and aggregate amounts of such bonds, the annual rate of interest thereon, the dates and times of the issue and maturity of the same, the manner in which such bonds shall be issued and the person or persons by whom such bonds shall be signed, executed, negotiated, sold and delivered on behalf of said district.

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

(Sp. Laws 1925, No. 447, § 3.)
After the issue of the bonds hereby authorized, or of any part thereof, the Board of Estimate and Taxation of the City of Norwalk shall annually make an appropriation and levy taxes to pay the interest on such bonds, and shall also annually appropriate and levy taxes to raise such sum or sums of money as shall be determined by said district, which money shall be deposited at interest in the sinking fund of said Second Taxing District and, with its increase, shall be used and expended only for the partial or complete payment of such bonds at maturity.

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

(Sp. Laws 1925, No. 447, § 4.)
The amount of the bonds issued under the provisions of this act, with the amount of the outstanding indebtedness of said district and said city, shall not exceed, exclusive of the amount of bonds issued for water supply and of notes or other evidences of indebtedness placed in the sinking fund, 5% of the grand list of said city.

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

(Sp. Laws 1925, No. 471, § 1.)
The Second Taxing District of the City of Norwalk is authorized to issue bonds to an amount not exceeding $90,000, registered or with coupons attached, bearing interest at a rate not greater than 5% per annum, payable semiannually, which bonds shall be sold at not less than par and shall be in serial in form, payable, as consecutively numbered, so that the whole amount shall be paid within a time not exceeding 30 years from their date. The avails of such bonds shall be used only to refund certain water bonds issued by said district under its former name of the City of South Norwalk which are to mature July 1, 1925.

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

(Sp. Laws 1925, No. 471, § 2.)
Said district, at any special meeting of the legal voters thereof, duly warned and held, shall determine, subject to the foregoing limitations, the several and aggregate amounts of such bonds, the annual rate of interest thereon, the dates and times of the issue and maturity of the same, the manner in which such bonds shall be issued and the person or persons by whom such bonds shall be signed, executed, negotiated, sold and delivered on behalf of said district.

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

(Sp. Laws 1925, No. 471, § 3.)
After the issue of the bonds hereby authorized, or of any part thereof, the Board of Estimate and Taxation of the City of Norwalk shall annually make an appropriation and levy taxes to pay the interest on such bonds, and shall also annually appropriate and levy taxes to raise such sum or sums of money as shall be determined by said district, which money shall be deposited at interest in the sinking fund of said Second Taxing District and, with its increase, shall be used and expended only for the partial or complete payment of such bonds at maturity.

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

(Sp. Laws 1953, No. 179, § 1.)
The Second Taxing District of the City of Norwalk is hereby authorized to issue bonds to an amount not exceeding $500,000, registered or with coupons attached, bearing interest at a rate not greater than 5% per annum, payable semiannually. Such bonds shall be issued in serial form, payable as consecutively numbered, in such approximately equal amounts each year, beginning two years after their date, that the whole amount thereof shall be paid within a time not exceeding 20 years from their date. Such bonds shall be sold at not less than par and the avails thereof used only for the extension, improvement and enlargement of the waterworks of said district, including a new or additional filtration plant.

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

(Sp. Laws 1953, No. 179, § 2.)
Said district, at any special meeting of the legal voters thereof, duly warned and held, shall determine, subject to the foregoing limitations, the several and aggregate amounts of such bonds, the annual rate of interest thereon, the dates and times of the issue and maturity of the same, the manner in which such bonds shall be issued, and the person or person by whom such bonds shall be signed, executed, negotiated, sold and delivered on behalf of said district; and such bonds, when so signed, executed, issued and delivered, shall be obligatory upon said district and upon the inhabitants thereof according to the tenor of the same.

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

(Sp. Laws 1953, No. 179, § 3.)
After the issue of the bonds hereby authorized, or of any part thereof, the Board of Estimate and Taxation of the City of Norwalk shall, if requested by the Commissioners of said district, annually make an appropriation and levy taxes to pay the interest on said bonds, and shall also annually appropriate and levy taxes to raise such sum or sums of money as shall be requested by the Commissioners of said district for the purpose of paying such bonds at maturity and said money shall be deposited at interest in the sinking fund of said Second Taxing District and, with its increase, shall be used and expended only for and in the payment of such bonds.

Part 4. Third Taxing District

[1]
Editor's Note: For taxing districts, in general, see Art. II.

§ 1-114. Body politic and corporate; rights in general.

(Sp. Laws 1913, No. 352, § 34; Sp. Laws 1921, No. 189, § 3.)
All the electors of this state dwelling within the territorial limits of the Third Taxing District as hereinbefore established are hereby constituted a body politic and corporate by the name of the Third Taxing District of the City of Norwalk, and by that name shall be capable of suing and being sued, pleading and being impleaded, purchasing, holding, selling, and conveying any property, real or personal, and of having a common seal, and as such corporation shall succeed to and possess all the property, both real and personal, of the East Norwalk Fire District of said Town of Norwalk, and all the rights, powers, franchises, privileges, and immunities heretofore granted to said East Norwalk Fire District in relation to the construction of electric light works, and the generation and purchase of electricity for the use of said district and the inhabitants thereof, and the erection, placing, and maintenance of poles, wires, and all other necessary fixtures within said district for receiving and distributing electricity, and the same are hereby vested in said Third Taxing District, and said Third Taxing District is hereby authorized to manage, operate, and control its electric light works with the same authority, rights and liabilities, and in the same manner as said East Norwalk Fire District and except as herein otherwise provided, to care for, maintain, and keep in repair, all estate, both real and personal, which said district may acquire, to sell and convey any of said property, any property held in trust excepted, and apply the proceeds in the reduction of the indebtedness of said district. The district shall pay $100 or more yearly toward the support of the East Norwalk Improvement Association, Incorporated, Public Library.

§ 1-115. Taxation liability.

(Sp. Laws 1913, No. 352, § 35.)
All the inhabitants and property within the limits of the Third Taxing District shall be liable to taxation to defray any burdens, expenses, and liabilities of the former East Norwalk Fire District at the time of the passage of this act and such other liabilities as said taxing district may incur under the provisions of this act.

§ 1-116. Meetings.

(Sp. Laws 1913, No. 352, § 36.)
The annual meeting of the electors residing in said taxing district shall be held on the third Wednesday of September[1] for the purpose of hearing the reports of the Commissioners of said district, and acting on such matters as may be properly brought before said meeting. Notice of time and place of said meeting shall be given by said Board of Commissioners by publishing in a newspaper having a circulation in said district at least 10 days before said meeting, which notice shall set forth all matters to be considered at said meeting. Special meetings of said district may be called in like manner by said Board, and shall be called upon written petition of 25 electors of said district, to consider and act upon the matters set forth in such notice or petition.
[1]
Editor's Note: See also § 1-19.

§ 1-117. Board of Commissioners, Treasurer, Clerk; mechanics and laborers.

(Sp. Laws 1913, No. 352, § 37.)
Said district shall elect a Board of Commissioners and a Treasurer of said district, all of whom shall be sworn to a faithful discharge of their duties, and shall hold their office as hereinafter provided, and shall receive such compensation as said district shall determine.[1] Said Commissioners shall appoint a Clerk who shall receive reasonable compensation as determined by said Commissioners. It shall be the duty of said Clerk to keep a record of all transactions of said district and of said Board of Commissioners and discharge such duties as said Board may prescribe. Said Commissioners may employ such mechanics, experts, and laborers as may be necessary in the exercise of their powers and duties.
[1]
Editor's Note: For further election provisions refer to § 1-177.

§ 1-118. Taxation.

(Sp. Laws 1913, No. 352, § 40; Sp. Laws 1921, No. 189, § 4.)
In case the income from the sales of electricity is inadequate to meet the current expenses of said electric-light plant and the interest on the indebtedness of said district, a tax on all property and persons liable to taxation in said district shall be laid to supply such deficiency by the Board of Estimate and Taxation of the city at any meeting of said Board called for that purpose upon the application of said Board of Commissioners of said district, and said tax shall be collected in the same manner as other city taxes. Said Board of Estimate and Taxation may lay and collect taxes for the purpose of paying the debts of said district or any part thereof, and of establishing a sinking fund for that purpose. The avails of such taxes shall be paid to the Treasurer of said district for application for said purposes only. The Board of Estimate and Taxation shall lay a tax to defray the expenses of the public library of the East Norwalk Improvement Association, Incorporated, of said district to the amount appropriated by said district at any annual or special meeting.[1]
[1]
Editor's Note: For appropriations for libraries, see Art. XIX.

§ 1-119. Use-of-electricity liens.

(Sp. Laws 1913, No. 352, § 41.)
Any claim of said district for the use of electricity or for the rent of fixtures shall be a lien upon the real estate or property in connection with which such electricity was furnished or such fixtures used, and said lien may be foreclosed by said district before any court having jurisdiction in the same manner as mortgages.

§ 1-120. Records and accounts of the Board of Commissioners.

(Sp. Laws 1913, No. 352, § 42.)
It shall be the duty of said Board of Commissioners to keep a record of its proceedings and an accurate account of its receipts and disbursements appertaining to said electric-light plant, and a like account of its receipts and disbursements in connection with all other property of said district, verified by proper vouchers, which accounts shall be open at all reasonable times to inspection by any taxpayer of said district.

§ 1-121. Violations, penalties, and forfeitures.

(Sp. Laws 1913, No. 352, § 43.)
Said district shall have power to enact by-laws at any annual or special meeting imposing penalties and forfeitures for the violation of any of the rules and regulations of the Board of Commissioners of said district, providing such penalties or forfeitures shall not exceed $20 for each offense. Said by-laws shall not become effective until published in a newspaper having a circulation in said district.

§ 1-122. Authority and duties of Commissioners.

(Sp. Laws 1913, No. 352, § 38.)
Said Commissioners are hereby authorized in all matters pertaining to the electric-light plant of said district to exercise all the authority and discharge all the duties that are granted to Electrical Commissioners by Chapter 122 of the General Statutes, except as said powers and duties may be herein limited, and to care for and keep in repair all the property of said district, with power to lease or sell the same, delivering the income and proceeds of such sales to the Treasurer of said district, and apply said proceeds as said Board may be authorized by said district, and to exercise any additional powers that may, from time to time, be conferred upon them by said district. A majority of said Commissioners shall constitute a quorum for the transaction of any of the business of the Board.

§ 1-123. Income from electricity.

(Sp. Laws 1913, No. 352, § 39; Sp. Laws 1959, No. 282.)
All income from the sales of electricity shall first be applied to defraying the current expenses of said electric-light plant, and to paying the interest on notes, bonds, or certificates of indebtedness incurred in relation to said electric-light plant. If there are retained earnings of cash or negotiable securities or an accumulated surplus of cash or negotiable securities, in excess of retirement reserve, said Commissioners shall make report thereof to the next annual or special meeting of said district, which shall direct the same to be applied to the extinction of the principal debt of the district, or to any purpose in connection with said works, and, if there is no such debt or need in connection with said works, said meeting may direct such retained earnings or any portion thereof in excess of a proper retirement reserve to be applied to the district general account for current expenses of the district, including public street lighting, care of parks owned by the district, care of the East Norwalk Cemetery, salaries of district officials, support of the East Norwalk Improvement Association Public Library, and improvements to said library and the building and premises where it is housed and adjoining premises owned by the district.

§ 1-124. Authorization to issue bonds; funding bond issue of 1917.

(Sp. Laws 1917, No. 259, § 1.)
The Third Taxing District of the City of Norwalk is authorized to issue serial bonds, to an amount not exceeding $85,000, registered or with coupons attached, bearing interest at a rate not greater than 4 1/2% per annum, payable semiannually, the first installment of the principal thereof to be payable within three years from the date of issue and the remainder at some certain time or times not later than 30 years after the date thereof. Such bonds shall be sold at not less than par and the avails thereof used only for the funding of the debt of said district and for the extension, improvement and enlargement of the electric-power plant of said district.

§ 1-125. Funding bond issue of 1917; details.

(Sp. Laws 1917, No. 259, § 2.)
Said district, at a special meeting of its electors, duly warned, shall determine, subject to the foregoing limitations, the several and aggregate amounts of such bonds, the annual rate of interest thereon, the dates and times of the issue and maturity of the same, the manner in which such bonds shall be issued and the person or persons by whom such bonds shall be signed, executed, negotiated, sold and delivered in behalf of said district. Such bonds, when so signed, executed, issued and delivered, shall be obligatory upon said district and upon the inhabitants thereof, according to the tenor and purport of the same.

§ 1-126. Funding bond issue of 1917; limitations.

(Sp. Laws 1917, No. 259, § 3.)
No bonds shall be issued under §§ 1-124 to 1-126 as to permit the net bonded indebtedness of said district at any time to exceed 5% of the grand list of said district as the same may be compiled for the year of such issue, provided, in computing the debt limitation, bonds issued or to be issued for the construction or maintenance of municipal waterworks or lighting plants shall not be included.

§ 1-127. Authorization to issue bonds; bond issue of 1949.

(Sp. Laws 1949, No. 141, § 1.)
The Third Taxing District of the City of Norwalk is authorized to issue, by and through the action of the Commissioners and the Treasurer of said district, bonds, notes or other certificates of indebtedness to an amount not exceeding $250,000, in coupon form or otherwise and registered or not registered, hearing interest to a rate not greater than 5% per annum, payable in substantially equal monthly or annual installments, beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than 20 years from their date. The proceeds of such bonds, notes, or other certificates shall be used for the extension, improve and facilities of said district. Such bonds, notes or other certificates may be issued from time to time, and nothing herein contained shall require the whole amount of such bonds, notes or other certificates to be issued or prevent their issuance in amounts less than the total authorized issue as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each such loan shall be payable in monthly or annual installments and within the period of time specified herein from its date. Such Commissioners and Treasurer may borrow on short-term notes within the limitations of this section and for the purpose herein set forth and may renew said notes from time to time if this manner of borrowing shall be deemed expedient.

§ 1-128. Bond issue of 1949; details.

(Sp. Laws 1949, No. 141, § 2.)
The Commissioners and Treasurer of said district shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds, notes or other certificates and the annual rate of interest and other particulars of the form of such bonds, notes or other certificates and the manner of issuance.

§ 1-129. Bond issue of 1949; obligations.

(Sp. Laws 1949, No. 141, § 3.)
Such bonds, notes or other certificates, when executed, and delivered by the Commissioners and Treasurer of said district, shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 1-130. Bond issue of 1949; effective date.

(Sp. Laws 1949, No. 141, § 4.)
§§ 1-127 to 1-130 shall be effective upon its ratification by a special meeting of the district called for this purpose.

§ 1-131. Purchase of Taylor property; maximum expenditures.

(Sp. Laws 1959, No. 94, § 1.)
The Third Taxing District of the City of Norwalk may purchase the property, known as the Taylor property, which adjoins the premises of the East Norwalk Community Hall and may improve the newly purchased property, and may improve and enlarge the East Norwalk Community Hall and the East Norwalk Improvement Association Public Library which is housed in said community hall; provided no expenditure of more than $20,000 shall be made without the approval of the majority of the electors of said district who are present and voting at a special meeting of the district called for the purpose of such approval.

§ 1-132. Cash surplus.

(Sp. Laws 1959, No. 94, § 2.)
Said purchase and such improvements may be made with the current cash surplus or accumulated cash surplus of the electric-light works owned by the district, in excess of reserve for depreciation.

§ 1-133. Borrowing money.

(Sp. Laws 1959, No. 94, § 3.)
For the purpose of purchasing said property and making such improvements said district is authorized to borrow money and to secure the money so borrowed by mortgage on said land, or on said land and buildings.

Part 5. Sixth Taxing District

[1]
Editor's Note: For taxing districts in general, see Art. II.

§ 1-134. Boundaries of the Sixth Taxing District.

(Sp. Laws 1953, No. 566, § 2.)
The territory of the City of Norwalk which is included within the following boundaries shall be the Sixth Taxing District of said City of Norwalk as follows: starting at a point on the boundary line between Darien and Norwalk; thence running east in a direct line to the westerly end of the southerly boundary of Union cemetery, so called; thence running along the southerly boundary of said Union cemetery to the westerly side of Rowayton Avenue; thence running northerly along said westerly side of Rowayton Avenue to a point that is upon a production westerly of a line drawn 200 feet, measured at right angles, northerly from the northerly side of Sheffield Road, so called; thence running easterly upon said line 200 feet, measured at right angles, northerly from the northerly side of Sheffield Road to the westerly side of Lenox Road, so called; thence running easterly across Lenox Road to the corner formed by the intersection of the easterly side of Lenox Road with the southerly side of Winter Street, so called; thence running along said southerly side of Winter Street to the westerly side of Vanderbilt Avenue, so called; thence running upon a production easterly of said southerly side of Winter Street across Vanderbilt Avenue and easterly to a point 200 feet, measured at right angles, from the easterly side of Vanderbilt Avenue; thence running southerly along a line 200 feet easterly from and parallel to said easterly side of Vanderbilt Avenue to land of the New York, New Haven and Hartford Railroad Company; thence running along said land of the New York, New Haven and Hartford Railroad Company to the easterly side of Highland Avenue at Gaynor's Bridge, so called; thence running southerly along said easterly side of Highland Avenue to the southerly boundary of land of the New York, New Haven and Hartford Railroad Company; thence running easterly along said southerly boundary of land of the New York, New Haven and Hartford Railroad Company to a point 600 feet east of the easterly side of Highland Avenue, said distance measured at right angles with the easterly side of Highland Avenue; thence running southeasterly in a straight line to a point which is 100 feet northwest of the most northwesterly side of the twenty-foot strip reserved for highway purposes, measured at right angles, and is 400 feet northeast of the northeasterly side of Witch Lane, measured at right angles; and thence continuing on a prolongation of the aforesaid line to a point 200 feet, measured at right angles, from the northerly side of Witch Lane, so called; thence running easterly along a line 200 feet, northerly from and parallel to said northerly side of Witch Lane to the westerly side of other land of the New York, New Haven and Hartford Railroad Company; thence running southerly along said westerly side of other land of the New York, New Haven and Hartford Railroad Company across said Witch Lane and across Wilson Road, so called, to the mean highwater mark of Wilson's Cove, so called; thence running along the mean high-water mark of the northerly and westerly boundary of Wilson's Cove to the mean high-water mark of Long Island Sound; thence running along said mean high-water mark of Long Island Sound to the entrance to Five Mile River; thence running westerly across said entrance to Five Mile River to the boundary line between Darien and Norwalk; thence running in a general northerly direction along said boundary line between Darien and Norwalk to the starting point or place of beginning.

§ 1-135. Body politic and corporate; rights in general.

(Sp. Laws 1921, No. 289, § 2.)
All electors of this state dwelling within the territorial limits of the Sixth Taxing District are hereby constituted a body politic and corporate by the name of the Sixth Taxing District of the City of Norwalk, and by that name shall be capable of suing and being sued, pleading and being impleaded, purchasing, holding, selling and conveying any property, real or personal, and having a common seal for the purpose of contracting for street lighting, sewers or any other needed civic improvement voted by such district, including Rowayton Public Library.

§ 1-136. Taxation liability.

(Sp. Laws 1921, No. 289, § 3.)
All inhabitants and property within the limits of the Sixth Taxing District shall be liable to taxation to defray any expenses or liability said taxing district may incur under §§ 1-135 to 1-141. The Board of Estimate and Taxation may lay and collect taxes for the purpose of paying the debts of said district or any part thereof and of establishing a sinking fund for that purpose. The avails of such taxes shall be paid to the Treasurer of the Sixth Taxing District for application for said purposes only. The Board of Estimate and Taxation shall lay a tax to defray the expenses of the Rowayton Public Library to the amount appropriated by said district at any annual or special meeting of said district.

§ 1-137. Meetings; fiscal year.

(Sp. Laws 1921, No. 289, § 4; Sp. Laws 1955, No. 438, § 2; Charter Amendment 6-19-1974.)
Beginning in the year 1956, the annual meeting of the electors residing in said taxing district shall be held on the first Wednesday of March, for the purpose of hearing the reports of the Commissioners of said district, and acting on such matters as may be properly brought before such meeting. Notice of the time and place of said meeting shall be given by said Board of Commissioners by publishing the same in a newspaper having a circulation in said district at least 10 days before said meeting, which notice shall set forth all matters to be considered in said meeting. Special meetings in said district may be called in like manner by said Board and shall be called upon written request of 25 electors of said district to consider matters as set forth in such notice or publication. Beginning in the year 1975, the fiscal year of the Sixth Taxing District of the City of Norwalk shall begin on the first day of July and terminate on the last day of June.

§ 1-138. Tax collection.

(Sp. Laws 1921, No. 289, § 5.)
The Collector of Taxes and Assessments of the City of Norwalk shall be Ex Officio Treasurer of the Sixth Taxing District[1] and all taxes levied upon property in said district shall be collected by said Collector of Taxes and Assessments, and said Collector shall whenever necessary file with the Town Clerk his certificate for the continuation of any liens for taxes levied upon property located in said district, and may bring suit for the foreclosure of any such tax lien in the name of said Sixth Taxing District in the manner provided by law for the foreclosure of tax liens, and shall have the same powers and duties in relation to the collection of taxes in said Sixth Taxing District as he has under the provisions of the Charter of said City of Norwalk, in relation to all other taxes and assessments of said city.
[1]
Editor's Note: See § 1-147 for repeal provision. As to election and duties of Treasurer, see § 1-146.

§ 1-139. Board of Commissioners; Clerk; mechanics and laborers.

(Sp. Laws 1921, No. 289; § 6;[1] Sp. Laws 1967, No. 175.)
Said district shall elect a Board of Commissioners, all of whom shall be sworn to a faithful discharge of their duties and shall hold their office as hereafter provided and shall receive such compensation as the electors of the district shall decide. Said Commissioners shall appoint a Clerk who shall receive reasonable compensation as determined by said Commissioners. It shall be the duty of said Clerk to keep a record of all transactions of said district and of said Board of Commissioners and discharge such duties as said Board may prescribe. Said Commissioners may employ such mechanics, experts and laborers as may be necessary in the exercise of their powers and duties.
[1]
Editor's Note: See also § 1-142.

§ 1-139.1. Duties of Commissioners; quorum.

(Sp. Laws 1967, No. 176, §§ 1-3.)
A. 
The Board of Commissioners of the Sixth Taxing District shall manage the affairs and business of said district.
B. 
The duties of said Commissioners shall include, but not be limited to, the care, maintenance and repair of all the property of said district. They may lease, alter, improve or move the same, and sell personal property, and negotiate to sell, exchange or raze real property subject to elector approval. The Commissioners may execute and deliver on behalf of said district all documents which may be necessary or proper to effectuate such letting, sale, other change or exchange, delivering the income and proceeds therefrom in such manner as the electors of the district may authorize, and may exercise any other powers necessary to carry out the provisions of this act or conferred upon them by said district.
C. 
A majority of said Commissioners shall constitute a quorum for the transaction of business.

§ 1-140. Appropriations toward the support of the public library.

(Sp. Laws 1921, No. 289, § 7.)
The Sixth Taxing District shall annually appropriate $100 or more toward the support of Rowayton Public Library, and the Board of Estimate and Taxation of the City of Norwalk shall appropriate annually the sum of $100 toward the support of such library.
[1]
Editor's Note: As to library appropriations see Art. XIX.

§ 1-141. Effect and approval of act.

(Sp. Laws 1921, No. 289, § 8.)
§§ 1-135 to 1-141 shall not take effect unless approved by the qualified electors residing within the limits of said Sixth Taxing District at a special meeting to be called on the last Monday of June 1921, and in the warning for said special meeting notice shall be given to the electors of said district that the question of the approval or disapproval of this act will be voted upon. The electors who are in favor of approving this act will give in their ballots with the word "Yes" written or printed thereon, and those opposed will give in their ballots with the word "No" written or printed thereon, and said ballots shall be furnished by the City Clerk of said City of Norwalk. If the majority of the ballots so given have the word "Yes" printed or written thereon, this act shall take effect. A ballot box for the reception of said ballots at said meeting shall be provided by the City Clerk of said City of Norwalk, and shall remain open from 2:00 p.m. until 9:00 p.m. at the Rowayton Hose House in said district, when it shall be closed and the ballots sorted and counted and the result declared. The registry list of the Fifth Ward of said City of Norwalk last made and completed shall be used to determine the electors residing in said Sixth Taxing District, and the ballots shall be polled under the same regulations as govern elector's meetings in the Town of Norwalk. If the majority of said ballots shall be in favor of approving this act, a certificate of said approval signed by the said Clerk of said City of Norwalk shall be forwarded to the Secretary of State, who shall record the same.

§ 1-142. Commissioners.

(Sp. Laws 1923, No. 410, § 1.)
There shall be held on the last Monday of June 1923, a special meeting of the qualified voters of the Sixth Taxing District of the City of Norwalk, to elect three Commissioners for said district, one to serve until his successor shall be elected at the regular biennial election of city and town officers in the year 1925, one to serve until his successor shall be elected at the regular biennial election in the year 1927 and one to serve until his successor shall be elected at the regular biennial election in the year 1929, or until their several successors shall be elected and qualified. The City Clerk of the City of Norwalk shall give due and regular warning of said special election, shall provide printed ballots bearing the names of the candidates for office of Commissioner, which names shall have been daily attested to him as nominated at the party caucuses held prior to said special election, and shall provide a ballot box for the reception of said ballots, which shall be polled under the same regulations as govern elector's meetings in the Town of Norwalk. Such special election shall be held at the Rowayton Hose House in said district, and the ballot box for the reception of ballots shall remain open from 2:00 p.m. until 9:00 p.m., then it shall be closed, the ballots sorted and counted and the result declared. In 1925, and biennially thereafter, at the regular election of town and city officers, there shall be elected by the electors of the Sixth Taxing District, one Commissioner who shall hold office for the term of six years and until his successor shall be elected and qualified. The term of office for each Commissioner shall begin on the Wednesday following his election. Said Commissioner shall perform such duties as from time to time shall be required of or imposed upon them by vote of said district.
[1]
Editor's Note: See also § 1-139.

§ 1-143. Listing of taxable property.

(Sp. Laws 1923, No. 410, § 2.)
All owners of taxable property in the Sixth Taxing District, in filing lists of taxable property in accordance with the provisions of the Charter of the City of Norwalk as contained in §§ 1-273, 1-276 and 1-281,[1] shall list such property as in the Sixth Taxing District.
[1]
Editor's Note: See § 1-273; § 1-276; § 1-281.

§ 1-144. Validation of election of Commissioners in 1923.

(Sp. Laws 1925, No. 191, § 1.)
The election of three Commissioners of the Sixth Taxing District of the City of Norwalk at the election of the City of Norwalk held on the first Monday of October, 1923, is validated and confirmed.

§ 1-145. Validation of acts.

(Sp. Laws 1925, No. 191, § 2.)
All meetings of said Sixth Taxing District held pursuant to call issued by the District Commissioners and all acts, votes and resolutions passed at such meetings and all appropriation made by such meetings are validated and confirmed.

§ 1-146. Election and duties of treasurer.

(Sp. Laws 1925, No. 191, § 3.)
At the election to be held in 1925 for town and city officers for the Town and City of Norwalk and the several taxing districts thereof, and biennially thereafter, there shall be elected by the electors of the Sixth Taxing District a Treasurer, who shall hold office for the term of two years and until his successor shall have been elected and qualified. Such Treasurer shall, in and for said district, have the same authority given to and shall perform the same duties as are required of the Treasurer of the First Taxing District, of the Second Taxing District and of the Third Taxing District of the City of Norwalk under the provisions of the Charter of said city.

§ 1-147. Repeal of former act as to Collector of Taxes.

(Sp. Laws 1925, No. 191, § 4.)
So much of § 1-138, amending an act consolidating the Town of Norwalk with the cities of Norwalk and South Norwalk and the East Norwalk Fire District, and incorporating the City of Norwalk, approved May 19, 1921, as requires the Collector of Taxes and Assessments of the City of Norwalk to be, Ex Officio, Treasurer of the Sixth Taxing District, is repealed.

§ 1-148. Authorization to adopt and enforce rules and regulations as to Bayley Beach.

(Sp. Laws 1951, No. 369, § 1.)
The Commissioners of the Sixth Taxing District of the City of Norwalk shall have power to formulate and to adopt and enforce rules and regulations in the manner hereinafter provided for governing the frequenting and use of Bayley Beach, so called, the property, buildings and equipment appurtenant thereto. Any person violating any such rule or regulation shall be fined not more than $100 or imprisoned not more than 30 days, or both.

§ 1-149. Bayley Beach; hearing on rules and regulations.

(Sp. Laws 1951, No. 369, § 2.)
Before passing any rule or regulation, said Commissioners shall hold a hearing thereon, notice of which shall be given by publishing the proposed rule or regulation and the time and place of such hearing in some newspaper having a circulation in the Sixth Taxing District of the City of Norwalk, at least five days before the time fixed for the hearing.

§ 1-150. Bayley Beach; passage of rules and regulations.

(Sp. Laws 1951, No. 369, § 3.)
If a majority of the electors of the Sixth Taxing District of the City of Norwalk present and voting at such hearing oppose the adoption of a proposed rule or regulation, the question of its adoption shall be submitted to the electors of the Sixth Taxing District of the City of Norwalk at its next regular or special meeting, and in such event such rule or regulation shall not become effective unless a majority of the electors voting at such meeting shall vote in favor thereof.

§ 1-151. Bayley Beach; effective dates of rules and regulations.

(Sp. Laws 1951, No. 369, § 4.)
Any rule or regulation adopted as provided in §§ 1-149 to 1-150 shall become effective 15 days after publication thereof in some newspaper having a circulation in the Sixth Taxing District of the City of Norwalk.

§ 1-152. Bayley Beach; effective date of act.

(Sp. Laws 1951, No. 369, § 5.)
§§ 1-148 to 1-152 shall take effect upon their approval by the legal voters of the Sixth Taxing District of the City of Norwalk at a special meeting of said district legally called for the purpose, to be held not later than October 1, 1951.

§ 1-153. Authorization to issue bonds; Roton Point Park improvement bond issue of 1943.

(Sp. Laws 1943, No. 64, § 1.)
The Commissioner of the Sixth Taxing District of the City of Norwalk are authorized, when in legal meeting assembled, by a majority of votes of the members of said Commission, to issue bonds or notes on behalf of said taxing district to an amount not exceeding in the aggregate $50,000, registered or with coupons attached, or both, bearing interest at a rate not exceeding 5% per annum, payable semiannually.

§ 1-154. Roton Point park improvement bond issue of 1943; nature.

(Sp. Laws 1943, No. 64, § 2.)
Such bonds or notes shall be serial in form and payable in such substantially equal annual installments that the entire amount thereof shall be paid with 10 years from the date of issue.

§ 1-155. Roton Point park improvement bond issue of 1943; proceeds.

(Sp. Laws 1943, No. 64, § 3.)
The proceeds of such bonds or notes shall be used (a) for the purpose of such of Roton Point, so called, as the Commissioners see fit, for a site for a public park for said taxing district and (b) to defray the expense of improving the same for such purpose.

§ 1-156. Roton Point park improvement bond issue of 1943; details.

(Sp. Laws 1943, No. 64, § 4.)
The Commissioners of said taxing district, subject to the limitations of §§ 1-153 to 1-156, shall determine the form of such bonds or notes, the several and aggregate amounts thereof, the time or times and place or places of payment of both principal and interest, the manner of signing, countersigning, selling, exchanging or otherwise disposing thereof and the person or persons who shall execute, negotiate and deliver the same for said district.

§ 1-157. Roton Point park improvement bond issue of 1943; obligations.

(Sp. Laws 1943, No. 64, § 5.)
Said bonds or notes when so executed, issued and delivered, shall be obligatory upon said district, and upon all the inhabitants and property thereof.

§ 1-158. Authorization to issue bonds; Bayley Beach bond improvement issue of 1955.

(Sp. Laws 1955, No. 67, § 1.)
The Commissioners of the Sixth Taxing District of the City of Norwalk are authorized, when in legal meeting assembled, by a majority of votes of the members of said Commission, to issue bonds or notes on behalf of said taxing district to an amount not exceeding in the aggregate $50,000, registered or with coupons attached or both, bearing interest at a rate not exceeding three 3% per annum, payable semi-annually.

§ 1-159. Bayley Beach bond improvement issue of 1955; nature of bonds and maturity.

(Sp. Laws 1955, No. 67, § 2.)
Such bonds or notes shall be serial in form and payable in such substantially equal annual installments that the entire amount thereof shall be paid within 10 years from the date of issue.

§ 1-160. Bayley Beach bond improvement issue of 1955; proceeds.

(Sp. Laws 1955, No. 67, § 3.)
The proceeds of such bonds or notes shall be used to defray the expense of improvement to Bayley Beach.

§ 1-161. Bayley Beach bond improvement issue of 1955; details.

(Sp. Laws 1955, No. 67, § 4.)
The Commissioners of said taxing district, subject to the limitations of §§ 1-158 to 1-162, shall determine the form of such bonds or notes, the several and aggregate amounts thereof, the time or times and place or places of payment of both principal and interest, the manner of signing, countersigning, selling, exchanging or otherwise disposing thereof and the person or persons who shall execute, negotiate and deliver the same for said district.

§ 1-162. Bayley Beach bond improvement issue of 1955; obligation.

(Sp. Laws 1955, No. 67, § 5.)
Said bonds or notes when so executed, issued and delivered, shall be obligatory upon said district, and upon all the inhabitants and property thereof.

ARTICLE III. Elections

Part 1. In General

§ 1-163. Holding elections.

(Sp. Laws 1913, No. 352, § 46.)
The election of town officers herein provided for shall be held at the polling places provided by the Common Council for the city election,[1] and it shall be the duty of the Selectmen of said town to provide for the holding of the election of 1913, and the Common Council shall provide for the holding of all city and town elections thereafter at the time herein provided for.
[1]
Editor's Note: See § 1-180 for provision authorizing Registrars of Voters to designate polling places.

§ 1-164. Qualified voters are entitled to vote.

(Sp. Laws 1913, No. 352, § 47.)
Every person qualified to vote in the Town of Norwalk and duly registered as hereinafter provided shall be entitled to vote at all elections of said city in the ward in which he resides.

§ 1-165. (Reserved)

(Sp. Laws 1913, No. 352, § 48; Sp. Laws 1921, No. 400, § 1; Sp. Laws 1933, No. 363, § 5; repealed by Charter Amendment 8-29-1978.[1])
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-166. Election of officers.

(Sp. Laws 1947, No. 211, § 1; Charter Amendment 11-7-1972; Charter Amendment 8-17-1976;[1] Charter Amendment 8-29-1978.[2])
On the first Tuesday after the first Monday of November 1979, and biennially thereafter, there shall be held a town and city election for the choice of officers of the Town and City of Norwalk, by a plurality of ballots, as follows: city officers: a Mayor, as many Councilmen as are provided for in § 1-3, a Treasurer and a City Sheriff; town officers: three Selectmen, seven Constables and a Town Clerk who shall be ex officio Registrar of births, marriages and deaths. No person shall vote for more than four Constables. All of said officers shall hold office for the term of two years from the second Tuesday following their election and until their successors are elected and have qualified. Any provisions in the Charter which are in conflict with this change are nullified; and more particularly, § 1-227.
[1]
Editor's Note: Approved by the electorate at the general election held 11-2-1978.
[2]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-167. Election of the Board of Education.

(Charter Amendment 11-3-1970; effective 7-1-1971; Charter Amendment 9-12-2000.[2])
There shall be elected a Board of Education of nine members who shall be electors of the City of Norwalk. There shall be one member elected from each of the Council districts as established in § 1-2.1, and there shall be four members elected at large. All members shall serve for terms of four years. The five members of the Board elected in the general municipal election in 1999 shall serve for a term of four years. At the general municipal election to be held in 2001, four members shall be elected to said Board at large. At the general municipal election to be held in 2003, five members shall be elected to said Board, one member to be elected from each Council district. Thereafter, alternately at each general municipal election, four or five members, as the case may be, shall be elected to said Board, the four members to be elected at-large and the five members to be elected one from each Council district, in the manner set forth above. The maximum number of candidates who may be endorsed by any political party and the maximum number of candidates for which an elector may vote at such general municipal elections shall be four in years in which four terms expire, and one per Council district in years in which five terms expire, and the candidates receiving the highest numbers of votes cast shall be elected. No person now serving on the Board of Education at the effective date of this section shall have his term shortened or terminated by reason of this section. This section shall supersede any previous or alternative version hereof, whether adopted prior to or contemporaneously herewith. Said Board shall perform the duties and have the powers provided by the statutes for town boards of education.
[1]
Editor's Note: See also Art. XVIII, Part 2.
[2]
Editor's Note: Approved by the electorate at the general election held 11-7-2000.

§ 1-168. (Reserved)

(Repealed by Charter Amendment 11-3-1970; effective 7-1-1971.)

§ 1-169. Election notice.

(Sp. Laws, 1913, No. 352, § 51.)
Notice of said election stating the officers to be voted for and the polling places in the several voting districts shall be published by the City Clerk at least two weeks preceding such election in at least two newspapers published in said city, and a copy of said notice shall be posted on the public signpost within the limits of said city or at such other place or places as may be designated by the Council.

§ 1-170. List of voters; challenge of voters; perjury in claiming right to vote; time polls open; electors, checkers, challengers, box and booth tenders and counters; certificates of results; returns; preservation of peace; blanks for reports; voting machines.

(Sp. Laws 1913, No. 352, § 52; Sp. Laws 1921, No. 400, § 2.)
At least 10 days prior to the date of any election for the choice of city and town officers the Registrars of Voters[1] for the Town of Norwalk shall deliver to the City Clerk a list of the names of the persons entitled to vote at said election in each ward of said city. Said names shall be arranged in alphabetical order, by wards, with the street and number of the residence of each, if such there be. Said list shall be open to inspection at the office of the City Clerk and shall be the registry list for the year in which it is made and until the next list is perfected as herein provided. The presiding officer in each ward shall receive the ballots of all persons whose names are on said list for said ward, unless the right of any such person to vote shall be challenged, in which case the presiding officer shall, before receiving said vote, make inquiry into the right of said person to vote, and may administer oaths to parties challenged and to witnesses heard, and shall receive or reject said vote. The name of any elector omitted from said list by clerical error shall be added upon election day by the presiding officer of the ward in which such elector resides, upon sworn evidence of his right to vote. Any person who when examined by any presiding officer relative to the, right of any person to vote shall make any false statement shall be guilty of perjury. The polls in each ward shall be open from 6:00 a.m. to 5:00 p.m. The Registrars of Voters of the Town of Norwalk, who shall be the Board of Registrars of said city, shall, by agreement or by lot, appoint an elector from each ward to be Presiding Officer of said ward at each such election, and shall appoint one or more assistants to said presiding officer. They shall also appoint checkers, challengers, official ballot tenders, box tenders, and secret booth tenders, and counters to count the vote after the polls are closed in each ward. The Presiding Officer shall receive and deposit in the ballot box the ballots of those persons only qualified to vote as hereinbefore prescribed. Immediately after the polls are closed the counters, without removing the box, shall publicly count the ballots therein contained, and shall report the result of such count to the Presiding Officer of said ward, who shall publicly declare the same. The Presiding Officer of each ward except the First shall immediately transmit to the Presiding Officer of the First Ward a certificate of the result in the ward in which he is the Presiding Officer. The Presiding Officer of the First Ward shall cause said returns to be compiled and publicly announce the result of the vote and shall forthwith transmit a copy of said result to the City Clerk, who shall record the same. The Presiding Officer of each ward shall have all the powers for the preservation of the peace at said meeting conferred by law upon moderators of town meetings. Said Registrars, Presiding Officers, and other election officers shall be subject to the same penalties for refusal or neglect to discharge their duties or for malfeasance in office as are prescribed for like offenses at electors' meetings. Within 24 hours after the closing of the polls in each ward the Registrars of Voters shall return to the City Clerk a certificate stating the whole number of names on the registry list of each ward, the number of names checked as having voted in each ward, and the number of names not checked in each ward. The Registrars of Voters, in carrying out the provisions of this section, may employ their several assistants in the same manner allowed in preparing the registry lists of said Town of Norwalk. The City Clerk shall cause to be prepared and delivered to the Presiding Officer of each ward and to the Registrars, at least two days before any election for city officers, uniform blanks on which to make all certificates and reports. If said city installs voting machines said election shall be conducted according to the laws authorizing the use of voting machines at elections.
[1]
Editor's Note: See also Art. III, Part 2 and § 1-217. See also, Ch. 9, Administration, Art. IV.

§ 1-171. Tie votes and elections.

(Sp. Laws 1913, No. 352, § 53.)
Whenever at any election there shall be no election to any of the aforesaid offices by reason of a tie vote, such election shall be adjourned until the following Tuesday, and the election to fill such office or offices shall be proceeded with in the manner hereinbefore provided.

§ 1-172. Council may make ordinances and fix compensation.

(Sp. Laws 1913, No. 352, § 54; Sp. Laws 1921, No. 355, § 1.)
The Council of said city may make ordinances to regulate such meetings and elections and to provide for holding and conducting the same, and shall fix the compensation of the Registrars and their assistants and of the Presiding Officers, box tenders, check clerks and counters, provided each Registrar of the First and Second Voting Districts shall receive not less than $2,000 annually and each Registrar of the Third Voting District not less than $125 annually as compensation for their services as such Registrars.[1]
[1]
Editor's Note: See also § 1-185.

§ 1-173. Approval and effect of act.

(Sp. Laws 1913, No. 352, § 54; Sp. Laws 1921, No. 355, § 1.)
§§ 1-172 and 1-173 shall not take effect until they have been approved by a majority vote of the electors of said City of Norwalk, at the biennial election held the first Monday of October 1921. If said vote shall be in favor of the approval of this act, it shall thereupon take effect and a certificate of said vote, signed by the Clerk of said city, shall be filed in the office of the Secretary of State.

§ 1-174. Vacancies.

(Sp. Laws 1913, No. 352, § 55; Sp. Laws 1915, No. 367, § 2; Sp. Laws 1921, No. 334, § 3; Sp. Laws 1969, No. 186, No. 283, § 3; Charter Amendment 11-7-1972; Charter Amendment 8-29-1978.[2])
Whenever any elective officer of said town or city shall die, resign or remove his residence from said city or, by reason of permanent mental or physical disability or infirmity, shall become incapacitated to discharge the duties of his office or shall be convicted of malfeasance in office or any infamous crime or when any vacancy shall occur in any elective office of said town or city from any cause, the Council of said city shall, having been called together for the purpose by the Clerk of said city, upon one weeks's notice, declare such office vacant and shall forthwith fill such vacancy; and the person chosen to fill such vacancy shall have all the powers and duties of the former incumbent of such vacant office and shall continue therein until the expiration of the term for which said incumbent was elected and until his successor is duly elected and qualified. A plurality of ballots shall be sufficient to elect. If such vacancy occurs in the office of the Mayor, it shall be filled from the Councilmen of said city; if in the members of the Council, from the electors of the council district or districts in said city from which the former incumbent of such office was chosen; and if in any other elective office of said town or city, from the electors of said city, but in every case, except the office of Mayor, such vacancy shall be filled by an elector of the same political party from which the former incumbent was chosen. If a vacancy occurs in any elective office of the First, Second, Third or Sixth Taxing District of said city, such vacancy shall be filled by the Commissioners of the district in which the same occurs. The provisions of Section 9-221 of the General Statutes shall apply to the filling of vacancies occurring during the periods specified in said statute; provided, however, that nothing herein contained shall supersede the application of Section 9-167a of the Connecticut General Statutes. Provided, if a vacancy occurs in the office of Councilman, such vacancy shall be filled by the town and city committee of the political party to which the Councilman whose office has become vacant had been a registered member at the time of his election and provided the manner of filling vacancies as described herein shall not apply to vacancies occurring in the Board of Education.
[1]
Editor's Note: This § 1-174 was amended pursuant to the court decision in the First Taxing District et al v. City of Norwalk case.
[2]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-175. Board of Commissioners and Treasurer in First Taxing District.

(Sp. Laws 1913, No. 352, § 56.)
At said election for the choice of city and town officers in 1913, there shall be elected in the First Ward by the electors of the First Taxing District three Commissioners for the terms of office of two, four and six years, respectively, who shall hold office for said terms and until their successors are elected and qualified, and there shall be elected a Treasurer of the First Taxing District who shall hold office for the term of two years and until his successor is elected and qualified. Biennially thereafter there shall be elected in the First Ward by the electors of the First Taxing District one Commissioner who shall hold office for the term of six years and until his successor is elected and qualified, and a Treasurer of the First Taxing District who shall hold office for the term of two years and until his successor is elected and qualified. The terms of office of said Commissioners and Treasurer shall begin on the Wednesday following their election.
[1]
Editor's Note: See § 1-24.

§ 1-176. Board of Commissioners, Board of Electrical Commissioners and Treasurer in Second Taxing District.

(Sp. Laws 1913, No. 352, § 57.)
At said election for the choice of city and town officers in 1913, there shall be elected in the Second Ward by the electors of the Second Taxing District three Commissioners for the terms of office of two, four, and six years, respectively, who shall hold office for said terms and until their successors are elected and qualified, and there shall be elected in the Second Ward by the electors of the Second Taxing District three members of the Board of Electrical Commissioners, which members shall hold office for the terms of two, four and six years, respectively, and until their successors are elected and qualified, and there shall be elected a Treasurer of the Second Taxing District who shall hold office for a term of two years and until his successor is elected and qualified. Biennially thereafter there shall be elected in the Second Taxing District one Commissioner and one member of the Board of Electrical Commissioners, each of whom shall hold office for the term of six years and until his successor is elected and qualified, and a Treasurer of the Second Taxing District who shall hold office for the term of two years and until his successor is elected and qualified. The terms of office of said Commissioners and Treasurer shall begin on the Wednesday following their election.
[1]
Editor's Note: See also § 1-78.

§ 1-177. Board of Commissioners and Treasurer in Third Taxing District.

(Sp. Laws 1913, No. 352, § 58.)[1]
At said election for the choice of city and town officers in 1913, there shall be elected in the Third Ward by the electors of the Third Taxing District three Commissioners for the terms of office of two, four, and six years, respectively, who shall hold office for said terms and until their successors are elected and qualified, and there shall be elected a Treasurer of the Taxing District[2] who shall hold office for the term of two years and until his successor is elected and qualified. Biennially thereafter there shall be elected in the Third Taxing District by the electors of said district, a Commissioner who shall hold office for the term of six years and until his successor is elected and qualified, and a Treasurer of said Third Taxing District who shall hold office for the term of two years and until his successor is elected and qualified. The terms of office of said Commissioners and Treasurer shall begin on the Wednesday following their election.
[1]
Editor's Note: For further provisions see § 1-117 supra.
[2]
Editor's Note: The Third Taxing District is meant.

§ 1-178. Oath for elective officers.

(Sp. Laws 1913, No. 352, § 59.)
All elective officers of said town or city shall be sworn or affirmed to the faithful discharge of their duties. The following oath shall be administered: "You ____________________ having been elected ____________________ of the (town or city) of ____________________ do solemnly swear (or affirm) that you will faithfully discharge the duties of said office, according to law, so help you God." Said oath may be administered by any duly constituted authority, or the Mayor may administer the same.[1]
[1]
Editor's Note: See also § 1-221 for oath of officers appointed by Council.

§ 1-179. Establishment of precincts and voting places.

(Sp. Laws 1945, No. 134, § 1.)
The Registrars of Voters of the Town of Norwalk shall, subject to approval by the Council of the City of Norwalk, at least 120 days prior to any general election, establish and designate suitable voting precincts within the established voting districts of the Town of Norwalk. Each ward within said city shall be entitled to at least one such voting precinct and each voting precinct shall have a separate voting place.
[1]
Editor's Note: See also § 1-3 for earlier provision.

§ 1-180. Power of the Registrars of Voters to designate voting places.

(Sp. Laws 1945, No. 134, § 2.)
The Registrars of Voters shall have the power to designate the voting places and set up voting accommodations. It shall have power to designate any and all public schools as voting places.

§ 1-181. Precinct voting list.

(Sp. Laws 1945, No. 134, § 3.)
Said Registrars shall compile separate voting lists for each precinct so established and designated.

§ 1-182. Election expenses.

(Sp. Laws 1945, No. 134, § 4.)
The Board of Estimate and Taxation shall appropriate sufficient sums to cover the expenses of all elections, including the expenses of each voting precinct and voting place.

Part 2. Registrars of Voters

[1]
Editor's Note: See § 1-172 for compensation; §§ 1-179 to 1-181 for duties with respect to voting precincts and polling places; § 1-217, for powers and duties generally. See also, Ch. 9, Administration, Art. IV.

§ 1-183. through § 1-184. (Reserved)

[1]
Editor's Note: Former §§ 1-183, 1951 election, and 1-184, Term of office for Registrars of Voters, Sp. Laws 1951, No. 334, §§ 1 and 2, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

§ 1-185. Election of Registrar of Voters in 1952 and thereafter.

(Sp. Laws 1951, No. 334, § 3.)
There shall be elected at a town and city meeting to be held coincidentally with the general state election on the Tuesday after the first Monday in November, 1952, and biennially thereafter, (a) two Registrars of Voters, of whom no elector shall vote for more than one and no more than one of whom shall be a member of any one political party. The terms of Registrars of Voters shall be for two years from the first Monday in January following their election and until their successors shall be elected and shall have qualified, unless sooner removed for cause as provided by statute in the case of elective officers of said city.

§ 1-186. Duties of Registrars.

(Sp. Laws 1951, No. 334, § 4.)
Said Registrars shall be electors of said city and their duties shall be such as are required by statute in respect to election laws.

§ 1-187. Powers of Registrars.

(Sp. Laws 1951, No. 334, § 5.)
Said Registrars, in the performance of their duties, shall have power to summon and examine witnesses and order the production of records and papers, and, if such witnesses shall willfully refuse to answer questions or produce records or papers when ordered, said Registrars may cite such witnesses before any court of record for contempt for such refusal.

§ 1-188. Vacancy in the Board of Registrars.

(Sp. Laws, 1951, No. 334, § 6.)
Any vacancy which shall occur in said Board of Registrars shall be filled by the Council of said city but only from the same political party as that of the retiring incumbent.
[1]
Editor's Note: CGS Section 9-192 states that the Registrar of Voters shall appoint a Deputy Registrar of Voters and shall file with the City Clerk the certificate of such appointment. In the case of death, removal or resignation of the Registrar of Voters, the Deputy Registrar of Voters shall assume the higher office and appoint a deputy.

ARTICLE IV. Common Council

[1]
Editor's Note: See § 1-224 for salaries, §§ 1-219 to 1-223 for appointments by Council; § 1-220, for designation of duties for appointive officers. See also Ch. 9, Administration, Art. III.

§ 1-189. Powers of the Council in general.

(Sp. Laws 1913, No. 352, § 80; Sp. Laws 1921, No. 400, § 3; Sp. Laws 1929, No. 82, § 3.)
The Council shall have power to make, alter, repeal and enforce ordinances, to pass and rescind resolutions, rules, votes and orders and to take such action as may be necessary or expedient not inconsistent with this act or with the laws of this state or of the United States, for the following purposes: to manage and control the finances and property, real and personal, of the city; to authorize the Mayor, upon the vote of the Council, to borrow in the name of the city, and upon the responsibility of the Fourth or Fifth District, as the case may be, for the purpose of paying the running expenses of the city, money in anticipation of the collection of taxes;[1] to define, designate and specify additional territory situated in the Fourth or Fifth Wards of said city to be included at any time hereafter in the Fourth Taxing District thereof; to regulate the construction, erection and maintenance of billboards, advertising signs and other structures; to establish building lines beyond which no building, step, stoop, veranda, billboard, advertising sign or other structure may be erected;[2] to regulate the sale, conveyance and transfer of city property; to regulate the mode of assessment and collection of taxes; to provide for the due execution of contracts and of evidences of indebtedness issued by said city; to provide the mode for keeping and auditing the accounts of said city and adjusting claims against said city, to fix the salaries and the compensation of all officers and employees of said city, and to prescribe the duties of said officers and employees; to maintain an efficient police force in the Fourth Taxing District at the expense of said district; to regulate and prescribe the duties of the police force in respect to criminal matters within said district; to establish and maintain suitable prisons or lockups within the limits of said city for confinement of all persons arrested, and such prisons shall be under such rules and regulations as the Council shall ordain; to preserve order, to prevent and quell riots and disorderly assemblages, to suppress gambling houses, houses of ill-fame and disorderly houses; to prevent persons loitering on the streets, sidewalks and spaces between sidewalks and buildings, and in and about the entrance of buildings to the hindrance or annoyance of the public; to compel the closing of saloons and other places where spirituous and intoxicating liquors are kept and sold at such suitable hours during the night season as said Council may designate, and at such times and on such occasions as may be required by the public good; to protect said city from fire; to maintain a Fire Department in the Fourth Taxing District and to provide apparatus therefor; to erect and keep in repair all buildings necessary for the Fire Departments of the city; to purchase necessary fire engines, hose carriages, horses, and other fire apparatus at the expense of said Fourth District; to make rules and regulations for the safekeeping and preservation of all apparatus connected with and used by said Fire Departments; to establish fire limits; to regulate the mode of building, and determine materials to be used for building or altering of buildings; to grant permits for the moving, erection, addition to, repair, and enlargement of buildings; to regulate the heating of buildings, and cleaning of chimneys; to establish districts of said city within which it shall be unlawful to erect, elevate, enlarge, repair, or remove any wooden building, except by permission of said Council or a committee thereof; to regulate the erection, construction, repair, or use within said city of any building which by reason of its structure is or may become unsafe; to enforce the disuse, removal, or demolition of any such building or part thereof which may become unsafe; to provide safe and convenient means of egress in case of emergency from any building used by the public, and to prohibit the use of any building which may become unsafe by reason of insufficient facilities for egress or other causes; to regulate the use and occupation of all the city buildings; to license, regulate, or prohibit the manufacture, keeping, sale, or use of fireworks, torpedoes, fire crackers, gun powder, petroleum, or other explosive or inflammable substances, and the conveyance thereof; to regulate the discharge of fire arms; to regulate the storing and hiring of lumber; to regulate the erection and maintenance of lamp posts, telegraph, telephone, and electric light poles and conduits, wires, and fixtures; to provide for public lighting of streets and to protect the same from injury; to regulate parades, processions, public assemblages, shows, and music in the public streets; to regulate the speed of animals, vehicles, and cars in the streets; to provide for raising, filling, and draining low lands and places in which mosquitoes breed, and the widening, deepening, or straightening of any streams within said city; to prescribe the form of proceeding and mode of assessing benefits and appraising damages in taking land for public use, and the time when and manner which all benefits assessed shall be collected; to make, repair, clean, light, and keep open and safe for public use and travel, and free from encroachment and obstruction, the streets, highways, sidewalks, gutters, and public grounds;[3] to sprinkle the streets of the city with water, oil, or other substance at the expense of the city, or by assessment as hereinafter provided; to compel the owners or occupants of land and buildings to remove the snow and ice from the sidewalks in front of such land and buildings; to regulate the width of all highways, streets, sidewalks, and gutters; to regulate excavations in streets, highways, and public grounds and the location of any work thereon, or the depositing of building materials on any sidewalk or highway, or the removal of buildings upon or through the same; to prohibit, regulate, or license the selling of wares and merchandise upon said streets, sidewalks, or public places; to regulate the blowing of whistles and horns, and the ringing of bells; to regulate or prohibit the placing of signs or awnings over sidewalks, to regulate or prohibit the running at large of all animals in said city; to license and regulate public hacks, automobiles, and carriages, and the charges of hackmen, chauffeurs, public drivers, carmen and truckmen; to regulate the laying of conduits, gas pipes, water pipes, and drains in the streets and highways; to regulate the planting, removal, care and preservation of trees in the public streets and parks; to prohibit the sale of newspapers upon the streets; to provide for the health of the city; to prevent and abate every kind of nuisance; to regulate the location, construction, and use of sinks, cesspools, pigpens, drains, sewers, and privies; to compel the removal of nuisances injurious to health, or offensive or annoying to the public it the expense of the owners of the premises upon which said nuisances exist; to provide for the collection, removal, and disposal of garbage, ashes, and refuse in the Fourth Taxing District at the expense of said district; to regulate the moving of any manure, swill, night soil, or dead animals; to regulate the carrying on of any trade, manufacture, or business prejudicial to public health or unreasonably annoying to those living or owning property within the vicinity; to provide for the inspection of meat, vegetables, fish, produce, fruits, milk, and food of any kind exposed for sale in said city, and to prohibit the sale thereof when in such condition as to endanger public health; to regulate the naming of public streets, the numbering of lots thereon, and the erection of banners or flags; to regulate weights and measures; to license and regulate peddling and auctions upon the streets and sidewalks; to license and regulate sports, exhibitions, public amusements, and billiard and bowling rooms; to regulate coasting, sliding, and use of velocipedes, bicycles, and tricycles on the sidewalks; to protect public buildings, property, and structures from injury; to prohibit the depositing of any filth, garbage, or rubbish in any stream or on any highway or public or private grounds; to preserve and care for public burial grounds and regulate the burial of the dead; to regulate bathing in places exposed to public view; to prevent cruelty to animals and inhuman sports; to provide a public seal; to regulate and prescribe the mode of conducting all elections not regulated by this act; to regulate the manner of warning city elections and meetings of the Common Council, and the times and places of holding the same; to provide for the removal of any officer for cause; to provide places for holding elections in said city and in the wards thereof; to prescribe the amount of bonds to be given by city officers or employees and to confer upon the officers of said city all proper authority to enable them to discharge their duties; to prescribe fines; penalties, and forfeitures for the violation of any ordinances, which penalties and forfeitures may be recovered by the Corporation Counsel in an action brought for that purpose in the name of the city before the town court or any other court having jurisdiction for the use of said city.
[1]
Editor's Note: See §§ 1-200 to 1-202 for power to borrow money.
[2]
Editor's Note: A resolution adopted 10-10-1989 reads as follows:
Whereas Article IV, § 1-189, of the Code of the City of Norwalk authorizes the Common Council "to establish building lines beyond which no building, step, stoop, veranda, billboard, advertising sign or other structure may be erected," and over time the Council has established such setbacks; and
Whereas these setbacks are in conflict with those that are established by the Zoning Regulations, the following resolution is recommended:
Resolved by the Common Council that all building setback lines established by the Common Council are hereby repealed and the setback lines as defined in the Zoning Regulations, as amended, be adopted; and
Be it further resolved that all structures that conform to the Council setback lines as they exist on this date are declared to be conforming and may be rebuilt in accordance with the Council setback should they be damaged by accident or natural disaster.
[3]
Editor's Note: See Art. XV, Streets, Sidewalks and Building Lines; Ch. 101, Streets and Sidewalks.

§ 1-189.1. (Reserved)

§ 1-189.2. Authorization of Council to reorganize certain departments.

(Added by Charter Amendment 11-3-1970.)
A. 
The Council shall have the power to establish, reorganize and consolidate departments, agencies, commissions, authorities and boards of the city, hereinafter referred to as administrative departments. Provided, however, there shall be a Department of Health, a Department of Public Works and a Department of Public Welfare. The Council shall have the power to establish and amend by ordinance such rules, regulations, policies and procedures as it may deem necessary or appropriate to define and govern the powers, duties, responsibilities and operations of such administrative departments. Said powers of the Council shall apply to all administrative departments, including but not limited to all administrative departments in existence at the effective date of this section, whether established by Charter, Special Act, or ordinance; and ordinances enacted by the Council pursuant to this section shall supersede any prior inconsistent provisions of this Charter, Special Acts or ordinances.
B. 
This section shall not apply to (1) any elected departments, agencies, commissions, authorities or boards, including those elected by taxing districts; (2) the Police Department or its boards or commissions; (3) the Fire Department or its boards or commissions; (4) the Planning Commission; (5) the Zoning Commission; (6) the Board of Estimate and Taxation; (7) the Comptroller; (8) the Corporation Counsel.
C. 
In taking action under this section, the Council shall adopt appropriate provisions protecting the interests of any holders of debt which may have been issued by any administrative department affected by such action of the Council, prior to any ordinance enacted pursuant to this section, and the Council shall also adopt appropriate provisions regarding future issuance of debt instruments.
D. 
A vote of a majority of the entire membership of the Council shall be necessary to take any action authorized by this section, and said action shall be subject to the approval of the Mayor as set forth in Section 191 of the Charter (1956 Edition), Section 1-197 (1970 Edition). This section shall take effect on January 1, 1971.

§ 1-189.3. (Reserved)

[1]
Editor's Note: Former § 1-189.3, Authorization of Council to establish Purchasing Department, added by Charter Amendment 11-3-1970, was repealed by Charter Amendment 8-29-1978.

§ 1-189.4. Authorization of Council to establish Law Department.

(Added by Charter Amendment 11-3-1970.)
The Council shall have the power to establish a Law Department. The Corporation Counsel shall be the administrative head of any such Law Department. In establishing a Law Department, the Council may determine the number of attorneys, their qualifications, their respective terms of office and their compensation subject to the approval of the Board of Estimate and Taxation. Any such ordinance shall not be inconsistent with Section 219 (1956 Edition); Section 1-230 (1970 Edition), relative to the employment of attorneys, or with Section 212 (1956 Edition); Section 1-223 (1970 Edition), relative to the appointment of the Corporation Counsel. A vote of a majority of the entire membership of the Council shall be necessary to take any action authorized by this section, and said action shall be subject to the approval of the Mayor as set forth in Section 191 of the Charter (1956 Edition), Section 1-197 (1970 Edition). This section shall take effect on January 1, 1971.

§ 1-190. Authorization of Council to enact ordinances covering plumbing, sanitation, electrical work, licensing of workers, licensing and regulations of dealers in milk.

(Sp. Laws 1913, No. 352, § 124; Sp. Laws 1915, No. 367, § 8.)
Said Council is also hereby authorized to enact ordinances or bylaws concerning plumbing, sanitation, and electrical work, and to provide for the examination and licensing of master or journeymen plumbers or electricians by such committee of persons as the Council shall designate, and for the revocation of such licenses with power to forbid any unlicensed person doing any plumbing or repairing of plumbing, or doing any electrical work, under such penalties as said Council shall prescribe; to provide for a Building, Plumbing, and Electrical Inspector, define his powers and duties, and determine the fees to be paid for permits; to provide for the licensing of dealers in milk, fix the fees for such licenses, prescribe the conditions under which milk shall be kept, offered for sale, and sold in said city, and prohibit the bringing into said city of milk which is not pure, or which has been exposed to contamination, and to provide penalties for the violation of any of the ordinances of said city.
[1]
Editor's Note: See Ch. 81, Plumbing; Ch. 36, Electrical Code; Ch. 66, Milk; Ch. 57, Health and Sanitation.

§ 1-191. Power of the Council as to ordinances.

(Sp. Laws of 1913, No. 352, § 81)
Said Council shall have power to make, alter, repeal, and enforce any ordinance which it may deem conducive to the general health, peace, good order, welfare, and safety of the inhabitants of said city, and for the protection of the property therein, and may prescribe fines, penalties and forfeitures for the violation of any such ordinances.

§ 1-191.1. Public hearing as to ordinances.

A. 
Before the Common Council shall adopt any ordinance, the Council or a committee thereof shall hold a public hearing in relation thereto, at which all persons shall have an opportunity to be heard. Notice of the time and place of such hearings, together with a copy of the ordinance proposed, shall be published in the form of a legal advertisement appearing in a newspaper having a substantial circulation in the City of Norwalk. Said publication shall be not more than 15 nor less than seven days prior to the date of such public hearing.
(Amended by Charter Amendment 9-2-1980.[1])
[1]
Editor's Note: Approved by the electorate at the general election held 11-4-1980.
B. 
The Common Council as aforesaid or its committee may after the public hearing make such changes or alterations in the form or content of the proposed ordinance as seems appropriate or necessary as a result of the public hearing held in connection therewith. Such changes, additions or alterations shall not require further public notice.
C. 
The provisions of this section shall not apply to ordinances which are designated by the Common Council as emergency in nature and requiring immediate action.
(Added by Charter Amendment 8-13-1974.[2])
[2]
Editor's Note: Approved by the electorate at the general election held 11-5-1974.

§ 1-192. Care and support of the poor; vacancies.

(Sp. Laws 1913, No. 352, § 82.)
The Council of said city shall have power to make, alter and repeal ordinances and bylaws relative to the care and support of the poor and filling of vacancies which may occur in any town office.

§ 1-193. Publication of ordinances; effective date.

(Sp. Laws 1913, No. 352, § 83.)
No ordinance shall take effect until the same has been published in a newspaper published in said city, nor until 10 days after its passage.

§ 1-194. Codification.

(Sp. Laws 1957, No. 111; Charter Amendment 9-2-1980.[1])
The City of Norwalk will cause to be prepared, under the direction of its Corporation Counsel, a codification of all city ordinances in force and effect in said city. A competent legal publishing company may be employed by the city for that purpose and said codification may rephrase, alter, repeal or eliminate all obsolete and conflicting ordinances. Said codification shall be published in book form and any ordinances contained therein shall not require publication in a newspaper.[2] The city shall provide sufficient quantities of said codification in book form to make available copies for the use of members of the Common Council, the office of the Corporation Counsel, all other city offices, including the Norwalk Public Libraries, the members of the Charter Revision Commission, and sufficient additional quantities for sale to the public.
[1]
Editor's Note: Approved by the electorate at the general election held 11-4-1980.
[2]
Editor's Note: See Ch. 7, General Provisions, Article I, General.

§ 1-195. Grants and leases of real estate.

(Sp. Laws 1913, No. 352, § 84.)
All grants and leases of real estate belonging to said city authorized by the Council shall be signed by the Mayor and sealed with the city seal.

§ 1-196. First meeting after election.

(Sp. Laws 1913, No. 352, § 85; Charter Amendment 9-2-1980.[1])
The Mayor and Council shall meet on the second Tuesday following their election for the purpose of making and confirming appointments. The Mayor shall preside at the meetings of the Council, and shall vote only in case of a tie. The City Clerk shall be Clerk of said Council. At the beginning of each municipal year the Council shall elect from its members a President who shall preside in the absence of the Mayor, and, in case of the death, resignation, absence or inability of the Mayor, shall possess all powers and perform all duties of the Mayor until said Mayor shall return or be able to act or until another is elected and qualified in his stead. In case of the death, resignation, absence or inability to act of both the Mayor and President of the Council, the Council shall elect from its members a temporary Chairman who shall possess all powers and perform all duties of the Mayor until the Mayor or President shall return or until another is elected or qualified in place of the Mayor or of the President of the Council.
[1]
Editor's Note: Approved by the electorate at the general election held 11-4-1980.

§ 1-197. Special and regular meetings.

(Sp. Laws 1913, No. 352, § 86; Sp. Laws 1921, No. 400, § 4.)
Said Council may be specially convened at any time by the Mayor on notice of at least 24 hours and regular meetings of said body shall be held at the times fixed by the ordinances of the city.[1] The Council may determine the rules of its proceedings. A majority of the members shall constitute a quorum for the transaction of business, but a smaller number may adjourn.[2] Whenever a regular or special meeting has been called and no quorum shall be present, those present may, by vote, request the Mayor or Presiding Officer to, and said Mayor or Presiding Officer shall, upon such request, issue a warrant signed by him directed to the Sheriff of Fairfield County, his Deputy, the Sheriff of the City of Norwalk or either Constable of the Town of Norwalk to arrest and bring into such meeting a sufficient number of said Councilmen to constitute a quorum. Any member who shall, while holding office, directly or indirectly take or bargain for any fee or pecuniary consideration to influence his vote or action upon any resolution or ordinance pending in said Council shall pay to said city a penalty equal in amount to said fee or pecuniary consideration so directly or indirectly taken or bargained for and shall be expelled from said office, after notice and hearing, by a vote of not less than 2/3 of the Council. Every vote, resolution, order or ordinance, except such as relates to the organization of the Council, to its own officers or employees and to the removal of the Mayor or to the declaration of a vacancy in the office of Mayor shall be transmitted to the Mayor, who shall either approve it within six days, in which case it shall become operative and effectual, or disapprove it and return it to said body at its regular meeting with a statement of his objections in writing. After such statement has been read, said Council shall proceed to reconsider its former vote on such measure. If, after such reconsideration, the Council shall again pass it by a vote of not less than 2/3 of all its members, such vote being determined by yeas and nays, it shall become operative and effectual without the approval of the Mayor. If the Mayor shall refuse or neglect to signify his approval or disapproval of any such measure transmitted to him within six days after its reception, such measure shall become operative and effectual as though approved by him.
[1]
Editor's Note: Regular meetings are held on the second Tuesday of each month; see § 1-198.
[2]
Editor's Note: As to attendance of City Clerk, see § 1-235.

§ 1-198. Holding of the first and subsequent meetings.

(Sp. Laws 1947, No. 211, § 3; Charter Amendment 8-29-1978.[1])
The first meeting of each newly elected Common Council shall be held on the second Tuesday following each town and city election in the Town and City of Norwalk. Thereafter, the Common Council shall hold at least one regular meeting each month on the second Tuesday of each month and such additional regular meetings as it shall, by resolution or ordinance, determine.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-199. Removal of Mayor for misconduct or neglect of duty.

(Sp. Laws 1913, No. 352, § 87; Sp. Laws 1921, No. 400, § 5.)
At any meeting of the Council any member may give written notice, seconded in writing by a majority of all the members, of his intention to propose at the next meeting a resolution removing the Mayor from office for official misconduct or neglect of duty. Such notice shall specify particularly the acts of misconduct or the neglect of duty complained of and shall be entered in the records of the Council, and the Clerk shall serve a copy thereof upon the Mayor and mail a copy to each member of the Council. At the next meeting of the Council the Mayor shall have the right to be heard with his witnesses, and said meeting may be adjourned from time to time as said Council may direct. The vote on the resolution shall be by roll call. If the resolution fails to receive the votes of 2/3 of the members of the Council, if shall have no effect. If it receives the affirmative votes of 2/3 of the members of the Council, it shall become operative upon the service of a copy thereof upon the Mayor personally or by leaving the same at his residence, and the office of Mayor shall be vacant. The Council shall fill such vacancy as provided in § 1-174. Said Council meetings shall be public, and the journal of its proceedings shall be open to public inspection. The vote of the Council shall be taken by yeas and nays whenever the same is requested by any members. The Council may elect, appoint or discharge any officer, except the Mayor, in executive session, but no business other than that relating to appointments or removals from office shall be considered in executive session.
[1]
Editor's Note: See also Art. V, Part 2; and Ch. 9, Administration, Art. II.

§ 1-200. Power of the Mayor and Council to borrow upon the credit of the city.

(Sp. Laws 1929, No. 101, § 1.)
The Mayor and Council of the City of Norwalk are empowered to borrow upon the credit of said city, during any fiscal year of said city, by note or notes of said city, signed by the Mayor thereof, such sum or sums of money as may be necessary to pay any judgment tendered against said city and all expenses incurred by said city in connection with any such judgment.
[1]
Editor's Note: See also § 1-189; § 1-226.

§ 1-201. Approval by Board of Estimate and Taxation of borrowed sums.

(Sp. Laws 1929, No. 101, § 2.)
No such borrowing shall be made by the Mayor and Council, nor shall any note or notes be issued as aforesaid, until the amount and purpose thereof shall be approved by the Board of Estimate and Taxation of said city at a meeting duly called and held therefor.
[1]
Editor's Note: See also Art. VI.

§ 1-202. Appropriation to pay notes and paying of notes.

(Sp. Laws 1929, No. 101, § 3.)
Said Board of Estimate and Taxation, at its regular meeting held in the fiscal year in which such note or notes are issued, shall make a sufficient appropriation to pay all notes so issued during such fiscal year, and such notes shall be paid from such appropriation when it shall become available.

§ 1-203. The authority of the Council as to streams.

(Sp. Laws 1913, No. 352, § 135.)
The Council is hereby authorized, whenever in its opinion public health shall require, to take, occupy, and appropriate, as may be deemed expedient, any stream or part thereof running in or through the city, and to straighten, deepen, or lower the same, or lower and remove any or all walls, dams, or other obstructions to the flow of any part of such stream, or cause to be enlarged, lowered, or altered any culvert which causes the accumulation of stagnant water or interrupts in any manner the flow of any part of said stream, and shall notify all parties in interest.[1]
[1]
Editor's Note: For powers of Council see § 1-189.

§ 1-204. Appointment of Committee, reports, etc.

(Sp. Laws 1913, No. 352, § 136.)
Whenever said Council shall exercise the powers conferred in the foregoing section it shall appoint a Committee to prepare a descriptive survey of the improvement contemplated, with a careful estimate of the cost of completing the same, and to confer and agree with the parties interested as to the damages and special benefits on account of said improvements,[1] and the report of said Committee having been accepted and recorded, and said agreement having been ratified, and the damages having been paid to the parties entitled thereto or deposited to their credit in the City Treasury, said Council may proceed with the completion of said improvement and with all acts incident to that purpose, without further liability. If said Council by its Committee shall be unable to agree with the parties interested as to the damages or benefits on account of any such improvements, any Judge of the Superior Court may, upon application of said city, after causing such notice of the pendency of said application as he shall deem reasonable, appoint three judicious and disinterested freeholders to estimate such damages and benefits, which Committee having been duly sworn, and having given such notice of the time and place of their meeting for the purposes aforesaid as such Judge shall direct, shall meet at the time and place designated, and, having heard all the parties in interest who shall appear before it, shall proceed to appraise the damages to and assess the benefits against the proper persons, land, or other property specially benefited or damaged. Thereupon said Committee shall report in writing to said Judge who may confirm, correct, or set aside said report as he may deem just, in which latter case a Committee to be appointed by said Judge, after notice as hereinbefore prescribed, shall proceed as before, and their report, being finally accepted by said Judge, shall be recorded by the Clerk of the Superior Court for Fairfield County, and the award of damages and benefits therein contained shall be final between the parties, and all papers connected with the case shall be delivered to the Clerk of the Town Court of Norwalk who shall keep the same on file for public inspection. Such damages having been paid or deposited as hereinbefore provided, said Council may complete said public improvements and do all acts incident to that purpose without further liability in the premises.
[1]
Editor's Note: See § 1-266, as to benefits as lien.

§ 1-205. Description of Norwalk Harbor and rules and regulations of boats, vessels and craft in the harbor; passage of ordinances.

(Sp. Laws 1957, No. 368, § 1.)
Within the area bounded on the east by the line separating the City of Norwalk from the Town of Westport; on the south by a line commencing at the intersection of said town line with a straight line running in a southwesterly direction to number 24B off Hiding Rocks, said intersection being at Copps Rocks just east of Copps Island, thence in a due westerly direction to Green Ledge light; on the west by a line running northerly from Green Ledge light to the flashing light at the entrance of the Five Mile River, thence northerly along the line separating the City of Norwalk from the Town of Darien; and, on the north by the shore line of the City of Norwalk, the Common Council of the City of Norwalk shall have authority to pass ordinances and otherwise regulate the mooring of all vessels, boats and craft and the use of the water, so that they shall not interfere with the free use of the channels and other navigable waters included within said area hereinbefore described, and, subject to the provisions of Section 4768 of the General Statutes, may make such other reasonable rules, regulations, ordinances or orders respecting the use of said waters by all vessels, boats and craft as may be necessary to protect persons and all other vessels, boats and craft in such waters and other property thereon.
[1]
Editor's Note: See Ch. 69, Norwalk Harbor.

§ 1-206. Norwalk Harbor; publication, filing and effective date of ordinances, rules and regulations.

(Sp. Laws 1957, No. 368, § 2.)
Such ordinances, rules, regulations and orders, when determined and fixed, shall be published at least once in a newspaper having a circulation in the City of Norwalk and shall be filed in the office of the City Clerk of said city and shall become effective 10 days after such publication and filing.

§ 1-207. Norwalk Harbor; penalties.

(Sp. Laws 1957, No. 368, § 3; Charter Amendment 9-2-1980.[1])
Any person who violates any such ordinance, rule, regulation or order, when determined or fixed as provided in §§ 1-205 and 1-206, shall be fined not less than $25 nor more than $100 or as the Council may otherwise provide for each offense.
[1]
Editor's Note: Approved by the electorate at the general election held 11-4-1980.

§ 1-208. Norwalk Harbor; enforcement.

(Sp. Laws 1957, No. 368, § 4.)
Any police or peace officer of the City of Norwalk shall have authority to enforce the provisions of this act. The City Court of Norwalk shall have jurisdiction over all violations of this act.

§ 1-209. Norwalk Harbor; duty of Harbormaster.

(Sp. Laws 1957, No. 368, § 5.)
The Harbormaster of the Harbor of Norwalk, and his deputies, if any, shall, from time to time, advise the Common Council with respect to the matters hereinbefore described or provided for and shall, upon the request of the Common Council, confer with the latter and make such reports to said Common Council as they shall from time to time require with respect to any matter hereinbefore referred to.

ARTICLE V. Officers and Employees

Part 1. General

§ 1-210. Continuance of former district officers.

(Sp. Laws 1913, No. 352, § 174.)
All officers of the cities of Norwalk and South Norwalk, of the Town of Norwalk and of the East Norwalk Fire District shall continue to hold office and perform the duties incumbent upon said officers by charter and statutory provisions until the officers hereinbefore provided for shall be elected and qualified.[1]
[1]
Editor's Note: For vacancies in office refer to § 1-174.

§ 1-211. Bonding of public officials.

(Sp. Laws 1913, No. 352, § 60.)
The Clerk, the Treasurer, the Tax Collector, and all other officers or employees of said city, whether elected or appointed, who, under the provisions of the charter or the ordinances of the city, may be required so to do, shall give bond for such amount as the ordinances of said city shall prescribe, conditioned for the faithful performance of the duties of their respective offices; and in case of the refusal or neglect of any such officer or employee to give such bond, his office shall be declared vacant and such vacancy shall be filled in the manner herein prescribed.[1]
[1]
Editor's Note: See also Ch. 9, Administration, Art. VII.

§ 1-212. Unlawful disbursement of money.

(Sp. Laws 1913, No. 352, § 61.)
No officer or employee of the city shall receive or disburse money belonging to the city unless authorized to so do by the provisions of this act or by a resolution regularly adopted by the Council.

§ 1-213. Unlawful incurring of debts and obligations.

(Sp. Laws 1913, No. 352, § 62.)
Any officer or employee of said city who shall willfully or knowingly incur in the name of the city any debt or other obligation which the city may be compelled to pay without any appropriation having been made for the benefit of the same, or who shall willfully or knowingly incur any such debt or obligation in excess of any appropriation that may have been made therefor, shall be personally liable for the payment of such debt or obligation, and the Corporation Counsel is hereby authorized to sue for the same, in the name and for the benefit of the city, before any court of competent jurisdiction, and, in addition thereto, any officer or employee, of said city incurring such debt or obligation either without or in excess of an appropriation for the payment of the same shall be fined not more than $100 or imprisoned not more than 30 days, or both.

§ 1-214. Sheriff; authority and duties.

(Sp. Laws 1913, No. 352, § 71.)
The Sheriff of the city shall, within the limits of the city, have the same authority, both criminal and civil, and be subjected to the same liabilities and penalties as Constables of towns. Said Sheriff shall serve notices of the Council when directed by the Clerk, and shall collect such bills and assessments as the Council may order, and he shall receive for all services rendered the legal fees provided by the general statutes for Constables of towns.
[1]
Editor's Note: For election provision refer to § 1-166.

§ 1-215. Salary of Selectmen of the Town of Norwalk.

(Sp. Laws 1947, No. 215.)
The salary of each of the Selectmen of the Town of Norwalk shall, from September 1, 1947, be $150 per annum.[1]
[1]
Editor's Note: For election provision refer to § 1-166.

§ 1-216. Powers and duties of Selectmen.

(Sp. Laws 1913, No. 352, § 72.)
The powers and duties of said Selectmen shall, on and after the first Monday of October, 1913, be limited to the powers vested in and duties imposed upon them by the constitution and laws of the state in relation to the admission of persons to the privileges of electors in said town and the erasure from the registry list of the names of those who have forfeited the privileges of electors.

§ 1-217. Powers and duties of City Clerk, Registrar of Voters and Constables.

(Sp. Laws 1913, No. 352, § 73.)
The powers and duties of the City Clerk, Registrar of Voters, and Constables shall be those by law conferred and imposed upon such officers of towns.

§ 1-218. Mayoral appointments.

(Sp. Laws 1913, No. 352, § 74.)
All officers required by law to be appointed by towns and by Selectmen of towns, not herein otherwise provided for, shall, on and after the first Monday of October, 1913, be appointed by the Mayor, subject to confirmation by the Council.[1]
[1]
Editor's Note: See § 1-227 for powers and duties of appointive officers.

§ 1-219. Council appointments.

(Sp. Laws 1913, No. 352, § 75.)
All appointments to office or to any position when the appointing power of the Council, which shall include all appointments not herein conferred upon the Mayor, shall be made by a plurality of votes passed in the Council, the Mayor having a vote only in case of a tie.[1]
[1]
Editor's Note: See also § 1-223.

§ 1-220. Designation of duties for appointive officers.

(Sp. Laws 1913, No. 352, § 76.)
The duties of all appointive officers not in this act particularly designated shall be prescribed by the Council.

§ 1-220.1. Disposal of surplus or obsolete equipment.

[Added by Charter Amendment 8-23-1977[1]]
If a Department head determines that his Department has surplus or obsolete equipment for which there is no anticipation of need in the future and desires to dispose of the same, he shall so notify the Purchasing Agent by submitting to him a list of the equipment he proposes to dispose of. The Department head and the Purchasing Agent will indicate in writing on the list submitted that no item thereon has a fair market value greater than $1,000 and a copy of said list so certified shall be sent to the Mayor. A copy of such list shall also at the time be sent to all other city Departments. Subject to the approval of the Mayor, a public sale of such property shall be held on a date to be determined by the Purchasing Agent and the Department head which date shall be not less than 60 days after the approval of the Mayor. There shall be no more than two sales of surplus or obsolete equipment by any one Department in any one calendar year.
The provisions of this section shall not apply to the sale of any city property having a value greater than $1,000.
[1]
Editor's Note: Approved by the electorate at the general election held 11-8-1977.

§ 1-221. Appointive officer oath.

(Sp. Laws 1913, No. 352, § 77.)
Every appointee of the Council, when required by said Council, shall before he enters upon the duties of his office, make oath or affirmation before some competent authority that he will faithfully and impartially discharge such duties. The form of oath to be administered to him shall be as follows: "You, ____________________ having been appointed ____________________ of the City of Norwalk, do swear or affirm that you will faithfully and impartially discharge the duties of said office according to your best skill and judgment, so help you God, or upon the pains and penalties of perjury." A certificate of said oath or affirmation under the hand of the authority administering it shall be lodged and kept on file in the office of the City Clerk.
[1]
Editor's Note: See also § 1-178 for oath for elective officers.

§ 1-222. Removal of appointive officers and employees.

(Sp. Laws 1913, No. 352, § 78; Charter Amendment 8-29-1978.[1])
Except as otherwise provided in this Charter, any officer or employee may be removed for malfeasance in office, neglect of duty or other just cause by the authority appointing him in accordance with the procedure set out herein. The appointing authority shall notify, in writing, the affected officer or employee of his removal and of the reasons justifying removal from office or employment. An officer or employee removed by the appointing authority as aforesaid shall cease to discharge the function of his office nor shall be receive any salary therefor unless he is reinstated on appeal. Thereupon unless the affected officer or employee shall file in writing with the City Clerk a request for a hearing before the Common Council within seven calendar days, such removal shall be final. In the event a request for a hearing is filed as aforesaid, the Common Council shall hear said appeal within 30 days of the filing thereof. The appointing authority may specify additional reasons justifying the said removal, but no such additional reasons shall be filed later than two weeks prior to a hearing before the Common Council. The affected officer or employee shall have the right to be granted two postponements of the hearing, not in excess of one week each, by filing a request therefor with the City Clerk not later than 24 hours prior to the time appointed for such hearing. At such hearing the affected officer or employee shall have the right to be represented by counsel and shall have the right to present witnesses and to cross-examine the witnesses against him or her. At the request of the affected officer or employee, the hearing shall be held in executive session; otherwise the hearing shall be public. The decision of the Common Council shall be rendered not later than two weeks after the conclusion of the hearing.If the appellant be reinstated by said Judge, he shall be paid from the date of his dismissal until restored to duty as the Judge, in his discretion, shall decide.
Any officer or employee whose dismissal has been confirmed by the Common Council after hearing as provided by this section may appeal from the order of dismissal to any Judge of the Superior Court, which appeal shall be made returnable not less than three nor more than six days from the date of the confirmation of such dismissal by the Common Council and shall be served upon the City Clerk at least two days before the time fixed for the hearing of such appeal; and said Judge, having given such further notice as may be deemed necessary, shall forthwith hear such case de novo and shall dismiss or retain such appellant as he may deem proper and may award costs at his discretion.
Nothing contained herein providing for appeals shall be deemed applicable to employees who are members of bargaining units with which the city has working agreements.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-223. Appointment and term of Corporation Counsel.

(Sp. Laws 1913, No. 352, § 79; Sp. Laws 1931, No. 323; Chapter Amendment 9-2-1980.[1])
On the second Tuesday following his election, the Mayor shall appoint a Corporation Counsel for the term of two years or until his successor is appointed and qualified, unless removed for cause.
[1]
Editor's Note: Approved by the electorate at the general election held 11-4-1980.

§ 1-224. Salaries of the officers of the City and Town of Norwalk.

(Sp. Laws 1913, No. 352, § 169; Sp. Laws 1927, No. 255; Sp. Laws 1929, No. 102; Sp. Laws 1933, No. 335, § 2; Sp. Laws 1933, No. 363, § 5; Sp. Laws 1933, No. 456, § 2.)
On and after September 1, 1933, the salaries of the several officers of the City and Town of Norwalk shall be paid monthly and shall be as follows: the Mayor shall receive $2,500 per annum; the Councilmen, each, $300 per annum; the City Clerk, $2,000 per annum; the Treasurer, $300 per annum; each member of the Board of Relief, $150 per annum and the Selectmen of said town, $50 per annum.[1]
[1]
Editor's Note: For salary of City Clerk, see § 1-233; for salary of Selectmen, see § 1-215.

§ 1-225. Compensation fixed by Council.

(Sp. Laws 1913, No. 352, § 172; Charter Amendment 9-2-1980.[1])
The compensation of all officers and employees of said City of Norwalk shall be fixed by the Council, except the salary of the Councilmen, which shall be set at $600 per annum.
[1]
Editor's Note: Approved by the electorate at the general election held 11-4-1980.

§ 1-225.1. Code of Ethics.

(Charter Amendment 9-12-2000.[1])
All employees and officers of the City of Norwalk, salaried and unsalaried, including the members of all boards, agencies and commissions elected or appointed in the City of Norwalk, shall be subject to the Code of Ethics contained in Chapter 32 of the Norwalk Code, as it may be amended from time to time.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-2000.

Part 2. Mayor

§ 1-226. Powers and duties of the Mayor.

(Sp. Laws 1913, No. 352, § 63.)
The Mayor of said city shall be Chief Executive Magistrate thereof, and it shall be his duty to be vigilant in the execution and enforcement of its laws and ordinances. He shall preside at all meetings of the Council and shall be notified of the time and place of holding of meetings of all Committees thereof and may attend said meetings, but shall have no vote therein. He shall, in behalf of said city, execute contracts and other papers. He shall have the power to administer oaths and to take acknowledgments of deeds and other instruments. He shall have the same power to issue warrants for the collection of taxes, special benefits, and all other sums due said city, as is now provided by law for the issuing of tax warrants by Justices of the Peace. He shall be ex officio Superintendent of the Police Forces maintained under this charter. He shall be the conservator of the peace of the city, and shall have authority with force and strong hand when necessary to suppress all tumults, riots, and unlawful assemblages, and to arrest without warrant and order to be held in the city prison for a period not exceeding 24 hours, upon information, any person who may be detected in revelling, quarreling, brawling, or otherwise behaving to the disturbance of the public peace of said city. He shall have the power to enter any house, building, place, or enclosure wherein he may have reasonable cause to suspect dissolute or disorderly persons to be assembled, or which he may suspect to be occupied by any assemblages for an unlawful purpose or occupied or used for the purpose of lewdness, prostitution, or gambling; to command all such persons found therein to disperse immediately and to commit to the city prison any person neglecting or refusing to obey such command. He is authorized to exercise within the limits of said city all powers given to Sheriffs by the general statutes for the preservation of the peace, and may at all times demand the aid of any Sheriff, Deputy Sheriff, Constable, watchman, or policeman, with such other aid as may be necessary, and whenever he shall have reason to believe that great opposition will be made to the execution of his authority, he shall have power when authorized so to do by the Governor, to call out the military force of the state, to enable him to enforce the laws within the limits of said city. It shall be the duty of the Mayor to recommend the adoption of such measures connected with the peace, security, health, cleanliness, and general well-being of said city, and the improvement of its government and finances as he shall deem expedient, and to communicate to the Council at the end of each fiscal year a statement of the condition of the city in relation to its government, expenditures, finances, and improvements, which statement shall be entered upon the records of said city within five days after its reception, and published in such manner as said Council shall order.[1]
[1]
Editor's Note: For authority of Mayor to borrow money see Ch. 9, Administration, and § 1-201.

§ 1-227. Appointive officers; powers and duties.

(Sp. Laws 1947, No. 206; Charter Amendment 11-7-1972; Charter Amendment 8-29-1978.[1])
The Mayor of the City of Norwalk to be elected at the city election to be held on the Tuesday after the first Monday in November 1979, and each Mayor elected biennially thereafter, shall make all appointments to city offices as provided by this Charter on the day of his taking office as Mayor. The officers so appointed shall serve for the term prescribed in said Charter for their respective offices and until their successors are appointed and have qualified. The Mayor shall fill any vacancy occurring in any of the offices for the unexpired portion of the term. No appointments or reappointments shall be made by any Mayor or Common Council and no vacancies shall be filled by any Mayor or Common Council after the seventh day prior to a municipal election and before the day of their taking office following the election in any municipal election year. Nothing in this section shall deprive the Council of the power of confirming any appointments for offices when such confirmation shall be required by the Charter.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-228. Temporary vacancies.

(Sp. Laws 1933, No. 255.)
The Mayor of the City of Norwalk may, with the approval of any appointive or elective officer of said city, appoint a person to perform all the duties and exercise all the powers of such office during such time as such officer shall be incapacitated by illness or absence from said city. Such appointee shall furnish an adequate bond for the performance of such duties. The Mayor shall notify such appointee of his release from such appointment upon notice from such officer of his ability to resume his duties.

§ 1-229. Mayor shall perform all duties of Selectmen of towns.

(Sp. Laws 1913, No. 352, § 64.)
All duties required by law of Selectmen of towns, except such as are imposed upon them by the constitution of the state, shall be performed by the Mayor except as otherwise herein provided.[1]
[1]
Editor's Note: See § 1-216 for powers and duties of Selectmen.

§ 1-230. Employment of attorneys.

(Sp. Laws 1913, No. 352, § 65.)
The Mayor of said city, when in his opinion it is necessary, may, with the consent of the Council, employ attorneys, other than the Corporation Counsel, in matters affecting the interest of said city, and all services rendered to said city by such attorneys shall be paid for in the same manner as other claims against said city.

§ 1-231. Hindering, resisting or abuse of Mayor; penalties.

(Sp. Laws 1913, No. 352, § 66.)
Any person who shall willfully hinder, resist, or abuse the Mayor in the execution of his office, or who, when commanded to assist therein, being of sufficient age and ability, shall refuse or unreasonably neglect so to do, shall be fined not more than $100, or imprisoned not more than six months, or both.

§ 1-232. Power of Mayor to assign clerical help.

(Sp. Laws 1945, No. 269.)
The Mayor of the City of Norwalk shall have power, when in his judgment the needs of the city service require, to assign members of the clerical staff of any department, except that of the Board of Education, to work temporarily in any other department under the direction of the head thereof.

Part 3. City Clerk

§ 1-233. Appointment, term and salary of City Clerk.

(Sp. Laws 1947, No. 208, § 1; Charter Amendment 9-2-1980.[1])
On the second Tuesday following his election the Mayor shall appoint the City Clerk, subject to the approval of the Common Council, for a term of two years or until his successor shall have been appointed and qualified, unless removed for cause. The salary of the City Clerk shall be set by ordinance.
[1]
Editor's Note: Approved by the electorate at the general election held 11-4-1980.

§ 1-234. Duties of City Clerk.

(Sp. Laws 1913, No. 352, § 67.)
The Clerk of said city shall also be Clerk of the Council, and shall keep records of all the votes and proceedings of said city, and of said Council. He shall cause the ordinances of said city to be published according to law, and, when so published, shall enter upon the records his certificate thereof. He shall cause to be served by the City Sheriff or other proper officer all notices or orders of the Council and shall enter upon the records the return of such service. He shall issue over his signature such licenses and permits as may be granted by said Council or prescribed by the charter and ordinances of said city, and shall make a record thereof in a book kept for that purpose; he shall collect the money due for such licenses or permits and pay the same to the Treasurer of said city every 30 days; and he shall collect all such bills as the Council may order, and account for the same to said Treasurer. He shall perform all such duties as may be required of him by this act or by any vote or ordinance of said Council and shall also record all amendments to this Charter and all ordinances passed by the Council in a book kept for that purpose. He shall keep his office open at such hours as the Council shall direct. He shall be Clerk of the Board of Estimate and Taxation and shall keep true records of all the votes and proceedings of said Board, which records shall be at all times open to public inspection and preserved in the records of the city.[2] He shall be the Clerk of the Board of Assessors and of the Board of Relief. All records of such Clerk shall have the same validity as records of Town Clerks and shall be in all courts evidence of the truth of the matters therein contained, and a duly certified copy of any such records shall be received in all courts as evidence of the same validity as the original record.[3]
[1]
Editor's Note: See also § 1-217.
[2]
Editor's Note: See § 1-289, Mayor as ex officio member of Board of Estimate and Taxation; Board in general.
[3]
Editor's Note: For custody of City Seal, see Ch. 7, General Provisions, § 7-10.

§ 1-235. Assignation of City Clerk duties by Mayor.

(Sp. Laws 1947, No. 208, § 2.)
In addition to the duties prescribed in the existing provisions of the Charter, the City Clerk shall perform such duties as are assigned to him by the Mayor. In the absence of the Mayor and President of the Council, the City Clerk shall attend all meetings of all Boards and Commissions of which the Mayor is a member or an ex officio member, but at such meetings he shall have no vote.

§ 1-236. Appointment of Assistant City Clerk.

(Sp. Laws 1913, No. 352, § 68.)
The Council may at any time appoint an Assistant Clerk who, having been duly qualified, shall, in the absence or in case of the disability or death of said Clerk, perform all the duties of the Clerk, and all records and acts of said assistant shall have the same validity as the records of said Clerk.

Part 4. Department of Finance

[1]
Editor's Note: Former Part 4, City Treasurer, consisting of § 1-237, Duties of the City Treasurer (Sp. Laws 1913, No. 352, § 69; Sp. Laws 1921, No. 334, § 2; Sp. Laws 1933, No. 335, § 1), and § 1-238, Payments to Treasurer. (Sp. Laws 1913, No. 352, § 7), was repealed by Charter Amendment 8-29-1978.

§ 1-237. Creation of Department of Finance.

(Added by Charter Amendment 8-29-1978, § 2.[1])
There shall be a Department of Finance which shall be composed of the Divisions of Accounting and Treasury, Purchasing, Tax Assessment, and Tax Collection.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-238. Duties of Department of Finance.

(Added by Charter Amendment 8-29-1978, § 3.[1])
A. 
The Department of Finance shall be responsible for the administration of the fiscal policies of the city and for keeping of accounts and financial records of the city, for the assessment and collection of taxes, special assessments and other revenues; for the custody and disbursement of city funds and money; for the control over expenditures; for the purchase of services and materials, including insurance; for the preparation of the operating and capital budgets for submission to the Mayor, Board of Estimate and Taxation, Common Council and other authorities otherwise provided in this Charter for the adoption of such budgets and for advising each of the said authorities when requested as to fiscal matters.
B. 
Accounts shall be kept by the Department of Finance showing the financial transactions for all departments and agencies of the city. Forms for such accounts shall be prepared by the Director of Finance. Financial reports shall be prepared for each month and for each fiscal year and for such other periods as may be required by the Mayor, Common Council and Board of Estimate and Taxation, which reports shall be submitted to the Common Council, Board of Estimate and Taxation and the Mayor.
C. 
The Department shall be governed by rules and regulations established by ordinances now and hereafter to be enacted.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-239. Director of Finance.

(Added by Charter Amendment 8-29-1978, § 4[1]; Charter Amendment 11-8-2005)
A. 
The Mayor shall appoint and may remove at his discretion a Director of Finance who, under the direction of the Mayor, shall have supervision over the Department of Finance and shall be responsible for the administration of the financial affairs of the City.
B. 
The Director of Finance shall have experience in finance and possess appropriate professional qualifications for the discharge of his or her office.
C. 
The Comptroller, Purchasing Agent, Tax Collector and Tax Assessor shall report to the Director of Finance and shall be subject to his or her control and direction, but the terms of said officers shall be as otherwise provided in this Charter. The Director of Finance shall give a bond in an amount to be determined by the Common Council to the City conditioned against defalcation or malfeasance in office, with a surety company as surety. The Director of Finance may transfer temporarily any employee of a division of the Department of Finance to another division thereof to meet seasonal or other temporary demands for clerical and other assistance. He or she may designate from among the heads of the four divisions above mentioned an Assistant Director of Finance who, during his or her temporary incapacity or absence, shall have all the powers and duties herein conferred or imposed upon the Director of Finance, or in the event of his or her failure to do so, the Mayor shall appoint an Assistant Director of Finance.
D. 
Each board, commission, committee, officer and department of the City and of the several taxing districts under whose control money is expanded shall submit to the Director of Finance a true copy of its proposed annual budget or any proposed changes or additions on or before the 15th of January in each year, and the Director of Finance shall submit to the Board of Estimate and Taxation at a meeting of said Board to be held on the second Monday of February in each year such proposed annual budget for the City, together with such criticisms or recommendations as he may deem desirable. Insofar as the provisions of § 1-289 of the Charter are in conflict with the authority herein granted to the Director of Finance, they are repealed.
E. 
The Director of Finance shall assume all the powers and duties of the Comptroller under this Charter or any ordinance with respect to the capital budget and capital projects program and under this Charter with respect to the preparation of the operating budget.
F. 
He or she shall, in addition, prepare for the Board of Estimate and Taxation, the Common Council and the Mayor any special reports which any of them may desire.
G. 
The Director of Finance shall audit or cause to be audited such accounts as he or she shall consider should be so audited and shall perform those duties set forth in § 1-240D of the Charter, being the former duties of the Auditor which are now performed by the Comptroller. The Director of Finance shall quarterly and when required by the ordinances of said City examine and audit the accounts of all appointed or elected officers of said City, including like officers of the several taxing districts, who are authorized to receive or disburse money belonging to said City or said districts and shall compare the items of such accounts with the vouchers therefor and shall report the result of such examination to the Mayor, Common Council and Board of Estimate and Taxation, and at the end of the current year, he or she shall examine the yearly statement of accounts of all such City officers and officers of the said taxing districts and report the result to the Mayor, Council and Board of Estimate and Taxation, which report shall be entered by the City Clerk upon the records of said City and published in such manner as the Council may order.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-240. Division of Accounting and Treasury.

A. 
There shall be a Division of Accounting and Treasury headed by the Comptroller, who shall be appointed for a term of four years. The Mayor elected in November 1979, subject to confirmation by the City Council, shall appoint a City Comptroller to hold office for a term of four years beginning July 1, 1980, and until his or her successor shall be duly appointed and shall have qualified. The salary of the Comptroller shall be fixed by the Common Council. He or she shall give a bond in an amount to be determined by the Common Council to the city conditioned against defalcation or malfeasance in office, with a surety company as surety. The Comptroller in office at the time of the passage of this provision shall continue in office until his successor shall be appointed and shall have qualified as provided for herein. The Comptroller shall maintain and supervise the general accounting system for all departments, offices, boards, commissions and agencies of the city; he or she shall keep or cause to be kept complete books of records and accounts showing the financial conditions of the city and all financial transactions, including all districts of the city but more especially those districts which are not under the supervision of District Commissioners as provided in the Charter of said city; he or she shall keep separate accounts for the appropriations in the budget and the allotments thereof and shall encumber immediately each appropriation and each allotment for the amount of any purchase order, payroll or contract upon approval; he or she shall maintain for each account a record of the amounts paid and remaining unpaid, all encumbrances and unencumbered balances; he or she shall keep a record of accounts payable by the city and accounts receivable by the city; he or she shall prescribe and control receipts to be used by all departments, offices, agencies and commissions of the city; he or she shall audit before payment all bills, invoices, payroll and other evidences of claims, demands or charges against the city and approve them only if proper and legal and only if moneys have been appropriated and an unspent and unencumbered balance is available; he or she shall administer the payroll of the city; he or she shall, subject to the control and supervision of the Director of Finance as aforesaid, manage and invest the excess funds of the city and shall administer the debt of the city; he or she shall certify as to the availability of appropriated funds for the payment of every obligation arising by reason of the proposed purchases or contracts of each department, board or commission and officer of the city, and no purchase order or contract shall be a valid obligation of the City of Norwalk unless it shall bear such certification of the Comptroller, and he or she shall refuse to approve any purchase order or contract when the available appropriation for that purpose is exhausted or, in his or her opinion, will be so depleted that there will remain insufficient funds for the regular and ordinary expenditures of that appropriation. The Comptroller, under the direction of the Director of Finance, shall supervise the methods of accounting for all departments and offices of the city and shall prescribe such methods of accounting and reporting as will enable him to keep a true record of all financial acts of the city. The Comptroller shall have the same relative powers and duties within the City of Norwalk as the Town Treasurers under the general statutes in their respective towns except as herein provided. (Added by Charter Amendment 8-29-1978, § 5.[1])
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.
B. 
Office of City Comptroller. On and after September 1, 1931, the office of City Auditor shall be abolished, and in lieu thereof there is created the office of City Comptroller. (Sp. Laws 1931, No. 323, § 1.)
C. 
Vested powers. All powers and duties vested in said City Auditor by statute or by the Charter of the City of Norwalk shall be vested in the City Comptroller. (Sp. Laws 1931, No. 323, § 2.)
D. 
Former duties of Auditor which are now performed by Comptroller. The Auditor shall quarterly and oftener when required by the ordinances of said city examine and audit the accounts of all appointed or elected officers of said city, including like officers of the First, Second and Third Taxing Districts, who are authorized to receive or disburse money belonging to said city, or said districts, and shall compare the items of such accounts with the vouchers therefor, and shall report the result of such examination to the Council, and at the end of the current year, he shall examine the yearly statement of accounts of all such officers and report the result to the Council, which report shall be entered by the City Clerk upon the records of said city and published in such manner as the Council may order. (Sp. Laws 1913, No. 352, § 70.)
E. 
Checks or orders to be countersigned by City Comptroller. No funds may be withdrawn by the City Treasurer unless such checks or orders shall be countersigned by the City Comptroller. (Sp. Laws 1931, No. 323, § 7.)
F. 
Repeal of inconsistent sections that deal with Treasurer. So much of the Charter of the City of Norwalk, concerning the duties of the City Treasurer, as is inconsistent herewith is repealed. (Sp. Laws 1931, No. 323, § 8.)

§ 1-241. Division of Purchasing.

(Added by Charter Amendment 8-29-1978, § 6.[1])
A. 
There shall be a Division of Purchasing headed by the Purchasing Agent who shall be appointed for a term of four years. The Mayor elected in November 1977, subject to confirmation by the City Council, shall appoint a Purchasing Agent to hold office for an initial term from the date of his appointment to June 30, 1981, and thereafter the Mayor, subject to confirmation by the City Council, shall appoint a Purchasing Agent to hold office for a term of four years beginning July 1, 1981, and until his or her successor shall be duly appointed and shall have qualified. The salary of the Purchasing Agent shall be fixed by the Common Council.
B. 
Following the certification by the Comptroller of any requisition from a department head as provided hereinabove, he or she shall proceed to purchase the article, commodity or thing required, including those required by the Board of Education except for items unique to the Board of Education, provided that in all purchases of $1,000 or more he or she shall obtain at least two competitive bids before making the purchase, and further provided that in the case of all purchases of over $3,000, including a continuing order or contract for the purchase of the same article, commodity or thing over a period of time, competitive bids on the basis of specifications prepared by the department requiring the article, commodity or thing shall be advertised for, and the order shall be awarded in conformity with such regulations as the Common Council may establish by ordinance governing purchasing procedure. Where any article, commodity or thing is known to the Purchasing Agent to be required during the fiscal year by any two or more departments or agencies of the city, he or she shall have power to require them to file their requests therefor within 60 days from the beginning of such fiscal year. When the Purchasing Agent receives less than two competitive bids or where the goods or services sought are obtainable from a single source, the Purchasing Agent may purchase from such sole bidder or single source; providing, however, that every such purchase in excess of $3,000 shall be subject to the approval of the Common Council. The Common Council may empower special committees to obtain for the city goods or services, and the requirements for advertising and bidding shall apply to such committees. The Common Council shall further have the power to establish and amend by ordinance such rules, regulations, policies and procedures as it may deem necessary or appropriate to define and govern the powers, duties, responsibilities and operations of such Purchasing Division.[2]
[2]
Editor’s Note: Procurement Guidelines were adopted 2-8-2005 by the Common Council of the City of Norwalk and last amended 7-8-2014. A complete copy of these guidelines and any amendments thereto are on file in the City offices. See also § 19-1, Threshold for bidding, of this Code.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-242. Division of Tax Collection.

(Added by Charter Amendment 8-29-1978, § 7.[1])
A. 
There shall be a Division of Tax Collection headed by the Tax Collector, who shall be appointed for a term of four years. The Mayor elected in November 1981, subject to confirmation by the City Council, shall appoint a Tax Collector to hold office for a term of four years beginning July 1, 1982, and until his or her successor shall be duly appointed and shall have qualified. The salary of the Tax Collector shall be fixed by the Common Council. He or she shall give a surety bond as required by the General Statutes of the State of Connecticut in an amount prescribed by the Common Council.
B. 
If the Tax Collector shall be unable to perform his or her duties because of sickness, injury or absence from the city, and there shall not be an Assistant Tax Collector appointed as provided in § 9-13 of the Code, the Mayor may, at his or her discretion, appoint a Temporary Tax Collector to perform the duties of that office.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-243. Division of Tax Assessment.

(Added by Charter Amendment 8-29-1978, § 8.[1])
A. 
There shall be a Division of Tax Assessment headed by the Tax Assessor, who shall be appointed for a term of four years. The Mayor elected in November 1977, subject to confirmation by the City Council, shall appoint a Tax Assessor to hold office for a term of four years beginning July 1, 1979, and until his or her successor shall be duly appointed and shall have qualified.
B. 
The Mayor elected in November 1981, subject to confirmation by the City Council, shall appoint an Assistant Tax Assessor to hold office for a term of four years beginning July 1, 1982, and until his or her successor shall be duly appointed and shall have qualified.
C. 
If the Tax Assessor or the Assistant Tax Assessor shall be unable to perform his duties by any reason of sickness, injury or absence from the city, the Mayor may, at his or her discretion, appoint a temporary officer to perform said duties.
D. 
The Tax Assessor and the Assistant Tax Assessor shall each give a bond in an amount to be determined by the Common Council to the city conditioned against defalcation or malfeasance in office, with a surety company as surety.
E. 
The compensation of the Tax Assessor and the Assistant Tax Assessor shall be determined by the Common Council of said city.
F. 
All of the duties and powers entrusted to and vested in the Assessors and Board of Assessors under the General Statutes of the State of Connecticut, and the Tax Commissioner and Assistant Tax Commissioner under the Charter of the City of Norwalk, as amended, shall be entrusted to and vested in the Tax Assessor and Assistant Tax Assessor as constituted herein.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-244. Requirements for certain Department officers.

(Added by Charter Amendment 8-29-1978, § 9.[1])
A. 
The Director of Finance, Comptroller, Purchasing Agent, Tax Collector, Tax Assessor and Assistant Tax Assessor shall not engage in any commercial business or hold any other office, public or private, for which a salary or emolument is paid or have any substantial interest or own any substantial stock interest in any corporation, partnership or concern having any business relations with the city.
B. 
Wherever bonds shall be required of an officer in the Department of Finance, the premium therefor shall be paid by the city.
C. 
In the event that the fiscal year of the city shall be changed, all appointments made after the change shall be for a term of years as above provided, beginning on the first day of the new fiscal year next succeeding the expiration of the respective terms of the above officers.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-245. Powers of officials.

(Added by Charter Amendment 8-29-1978, § 10.[1])
The Director of Finance and, subject to the approval of the Director of Finance, the Comptroller, the Purchasing Agent, Tax Collector and Tax Assessor shall have full power to require each city officer to furnish all information which he or she may possess and to exhibit to him or her all books, contracts, resolutions, reports and other papers and documents in his or her possession or in his or her department, requisite in the opinion of said official to enable him or her to discharge his or her duties, and all city officers shall furnish and exhibit the same in such manner and form as they may prescribe.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-246. City Treasurer.

(Added by Charter Amendment 8-29-1978, § 11.[1])
There shall be a City Treasurer elected in accordance with the General Statutes of the State of Connecticut. The duties of the Treasurer shall be to examine the records of the Comptroller insofar as they relate to cash receipts, and the City Treasurer shall certify to the Director of Finance the accuracy thereof.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-247. Additional powers.

(Added by Charter Amendment 8-29-1978, § 12.[1])
The Common Council shall have the power to delegate to the Department of Finance other budgetary and governmental functions not inconsistent with other provisions of this Charter.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-248. Effective date.

(Added by Charter Amendment 8-29-1978, § 13.[1])
This revision shall become effective upon approval, except that where the term of an officer provided for herein does not begin until after January 1, 1979, the functions of such officer shall be discharged by the city official responsible for such functions at the time of the enactment of this section.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

Part 5. (Reserved)

[1]
Editor's Note: Former Part 5, City Comptroller, was replaced according to Charter Amendment 8-29-1978 as follows:
Former § 1-239, Office of City Comptroller, was renumbered as § 1-240B.
Former § 1-240, Vested powers, was renumbered as § 1-240C.
Former § 1-241, Former duties of Auditor which are now performed by Comptroller, was renumbered as § 1-240D.
Former § 1-242, Accounts and reports; refusal to approve contracts unsupported by appropriations; information furnished by officers; signing orders on Treasurer; auditing (Sp. Laws 1931, No. 323, § 3), was repealed.
Former § 1-243, Each department shall submit budget to Comptroller; reports of estimate and taxation (Sp. Laws 1931, No. 323, § 4), was repealed.
Former § 1-244, Appointment of City Comptroller (Sp. Laws 1931, No. 323, § 5; Sp. Laws 1935, No. 383), was repealed.
Former § 1-245, Authority of City Comptroller to employ clerical help (Sp. Laws 1931, No. 323, § 6), was repealed.
Former § 1-246, Checks or orders to be countersigned by City Comptroller, was renumbered as § 1-240E.
Former § 1-247, Repeal of inconsistent sections that deal with Treasurer, was renumbered as § 1-240F.
Former § 1-248, The Comptroller shall be the Purchasing Agent of the City of Norwalk (Sp. Laws 1945, No. 150; Charter Amendment 8-13-1974), was repealed.

Part 6. Collector of Taxes and Assessments

§ 1-249. (Reserved)

[1]
Editor's Note: Former § 1-249, Appointment of the Collector of Taxes and Assessments Sp. Laws 1933, No. 363, § 1), was repealed by Charter Amendments 8-29-1978.

§ 1-250. (Reserved)

[1]
Editor's Note: Former § 1-250, Collector of Taxes; salary; other offices; bond Sp. Laws 1933, No. 363, § 2; Sp. Laws 1945, No. 135), was repealed by Charter Amendment 8-29-1978.

§ 1-251. (Reserved)

[1]
Editor's Note: Former § 1-251, Removal of the Collector of Taxes from office Sp. Laws 1933, No. 363, § 3), was repealed by Charter Amendment 8-29-1978.

§ 1-252. Collector of Taxes; assumption of duties.

(Sp. Laws 1933, No. 363, § 4.)
The Collector of Taxes and Assessments shall perform all of the duties and assume all of the responsibilities entrusted to Tax Collectors by virtue of the general statutes and by authority of the Charter of the City of Norwalk as amended.

§ 1-253. Repeal of former provisions.

(Sp. Laws 1933, No. 363, § 5.)
So much of § 1-165 of an act consolidating the Town of Norwalk with the cities of Norwalk and South Norwalk and the East Norwalk Fire District, and incorporating the City of Norwalk, approved June 6, 1913, as amended by an act approved June 14, 1921, as relates to the election and tenure of office of the Collector of Taxes and Assessments is repealed, the same to be effective as of October 4, 1933. Such portion of § 1-254 of said act as relates to the election and tenure of office of the Collector of Taxes and Assessments is repealed, and such repeal shall be effective on October 4, 1933. So much of § 1-224 of said act as amended by acts approved June 16, 1927, and April 18, 1929, as relates to the salary of the Collector of Taxes and Assessments is repealed.

§ 1-254. Powers and duties of Tax Collector.

(Sp. Laws 1913, No. 352, § 95; Sp. Laws 1933, No. 363, § 5.)
Said Tax Collector shall have the powers and be subject to the duties imposed by law upon Collectors of Town Taxes. He shall receive and collect all taxes due to said city, all assessments made by said city, and all taxes and assessments which have been laid and assessed, and are unpaid at the passage of this act, by the Town of Norwalk, the City of Norwalk, the City of South Norwalk, and the East Norwalk Fire District, and report to the Council of said city the names and addresses of all persons who, being liable to pay such taxes and assessments on the day when they become due, have neglected to pay the same. All the amounts due to said city as special benefits or otherwise as herein provided may be collected by warrants under the hand of the Mayor, directed to the Collector who may collect the same in the manner in which tax warrants are collected.[2] Upon expiration of the term of office of the Collector he shall deliver to his successor the rate bills not collected and a statement of the amounts of all assessments made by the city, and the Mayor shall issue to said successor warrants for the collection by him of said taxes and assessments.
[1]
Editor's Note: For duties of the Assistant Tax Collector, see Ch. 9, Administration.
[2]
Editor's Note: See § 1-226.

§ 1-255. Inspections of tax book.

(Sp. Laws 1913, No. 352, § 96.)
The tax book of the Collector of Taxes of said city shall at all reasonable times be open to the inspection of any taxpayer and to any auditor of public accounts in said city.

§ 1-256. Time annual taxes payable.

(Sp. Laws 1913, No. 352, § 97.)
All taxes, annually laid by said Board of Estimate and Taxation shall be payable on the day fixed by the Board of Estimate and Taxation in each year.[1]
[1]
Editor's Note: See § 1-289.

§ 1-257. Time special taxes payable.

(Sp. Laws 1913, No. 352, § 98.)
All special taxes laid shall be due and payable on such day as said Board of Estimate and Taxation shall designate at the time of laying said tax and upon any special tax being laid the Collector of Taxes shall publish a notice of the time when said tax shall be payable in a newspaper published in said city at least one week preceding said time.

§ 1-258. Notices for payable taxes.

(Sp. Laws 1913, No. 352, § 99.)
The Tax Collector shall include in his notice of the time when the tax shall become payable a notice of the place and the times at which he will receive such taxes.

§ 1-259. Delinquent taxes.

(Sp. Laws 1913, No. 352, § 100.)
If any tax laid by said Board of Estimate and Taxation shall remain unpaid for one month after the same shall become payable interest at the rate of 9% per annum shall be charged from the time when such tax shall become due until the same shall be paid, which shall be collectible as part of said tax, and the Collector of Taxes shall keep an accurate and separate account of all such additions and the time when the same may be received, and shall pay the same as a part of the tax, and said Tax Collector shall immediately pay all moneys collected to the Treasurer of the city or to the Treasurers of the several taxing districts as herein provided.

§ 1-260. Recovery of taxes.

(Sp. Laws 1913, No. 352, § 101.)
All taxes assessed by said Board of Estimate and Taxation shall become a debt due from the person or corporation against whom they are assessed to the city, and may, in addition to the other remedies provided by law, be recovered in any proper action in the name of said city; but the bringing of such action shall in no wise affect the life or validity of the lien for said taxes or the right to bring action of foreclosure for the same, provided a substantial recovery by either of such remedies shall bar a recovery by any other remedy.

§ 1-261. Demands and levys.

(Sp. Laws 1913, No. 352, § 102.)
If any person shall fail to pay any tax said Tax Collector for the city shall, if such person be a resident of said city, make demand of him therefor or leave written demand at his place of abode. If such a person is not a resident of said city the Collector shall make demand of him therefor, or deposit in a post office in said Town of Norwalk a written demand for said tax, postage prepaid, addressed to such person at his last known place of residence. After demand has been made in the manner above provided said Collector may levy for said taxes on any taxable goods or chattels of such person and post and sell the same in the manner provided in case of executions, but if any such goods or chattels belonging to such person cannot be found, after reasonable search on the part of said Collector, he may enforce, by levy and sale, any lien upon real estate assessed for said taxes, or he may levy upon or sell such interest of the person in any real estate as exists at the date of levy, or he may levy upon the body of such person and commit him to jail until he shall pay such tax and the legal costs or be discharged in due course of law.

§ 1-262. Real estate liens.

(Sp. Laws 1913, No. 352, § 103; Sp. Laws 1915, No. 367, § 6.)
When the Board of Estimate and Taxation shall lay any tax as provided herein the same shall be a lien upon the taxable real estate in the several taxing districts in reference to which such tax was laid, and any lien for taxes annually laid by said Board shall date from the first day of the preceding October, and the lien for any special tax laid by said Board shall date from the day on which the appropriation therefor was made.

§ 1-263. Continuance of tax liens.

(Sp. Laws 1913, No. 352, § 104.)
The Tax Collector of said city may continue any tax lien upon any real estate by causing to be recorded in the land records of said Town of Norwalk within the first year after the tax becomes due his certificate describing the real estate and the amount of such tax at the time when it becomes due, and thereupon such tax, with interest thereon at 7% per annum in lieu of 9% hereinbefore prescribed, shall remain a lien upon such real estate from the recording of said certificate until paid, and any tax lien so continued may, when the tax has been paid, be discharged by a certificate of the Tax Collector recorded in such land records. The fee of the Town Clerk for recording such tax lien shall be $0.25 and there shall be allowed in favor of said city the sum of $0.50 which sums shall be collected in addition to the tax so secured.

§ 1-264. Notice of filing certificate for continuance of lien.

(Sp. Laws 1913, No. 352, § 105.)
Whenever the Tax Collector of said city shall file with the Town Clerk his certificate for the purpose of continuing a lien of any tax upon real estate as herein provided, he shall, within 30 days thereafter, give notice to the person or persons in whose name such property appears of record that such certificate has been filed, which notice shall contain a statement of the original amount of such tax, and if the person to whom such notice is sent is not the person against whom such tax was assessed such notice shall state the name of the person against whom the tax was assessed. Said notice shall not be required in cases where said Collector, within 30 days prior to the filing of such certificate, has given notice to the person who appears of record to be the owner of his intention to file such certificate of lien. Such notice shall not take the place of other notices herein required, nor shall the failure to give the notice required by this section affect the collection of the tax or invalidate the certificate of lien.

§ 1-265. Foreclosure of any tax or other lien.

(Sp. Laws 1913, No. 352, § 106.)
The Tax Collector of said city may bring suit for the foreclosure of any tax or other lien herein provided for, in the name of said city, in the manner provided by law for the foreclosure of tax liens.

§ 1-266. Precedence of liens; release; fees for recording added to lien.

(Sp. Laws 1913, No. 352, § 107.)
Assessments of benefits, as provided in § 1-439, § 1-451, § 1-204 and § 1-457,[1] or as otherwise herein provided, shall be a lien upon the land or other property upon which they are respectively made, and shall take precedence of all other liens or encumbrances except taxes due the state, and the land, with the buildings thereon, on which any such lien may exist, shall be liable to be foreclosed in the same manner as in the case of tax liens, provided such lien shall not continue to exist for a period longer than 60 days after the giving of notice as hereinbefore prescribed, unless within said period a certificate, signed by the Mayor or Clerk of said city, describing the premises on which said lien exists and stating the amount claimed by said city as a lien thereon, shall be lodged with the Town Clerk of Norwalk. Said liens shall cease to exist whenever a certificate releasing the same signed by the Mayor or Clerk shall be filed with said Town Clerk. All such certificates shall be recorded by said Town Clerk in the land records of said Town of Norwalk, and the lawful fees for filing such liens shall be added to such assessment. Said assessment may be collected by warrant, under the hand of the Mayor, in the same manner as town taxes are collected, and shall bear interest at legal rate from time to time when the same becomes due.
[1]
Editor's Note: § 1-439; § 1-451; § 1-204; § 1-457.

§ 1-267. Public improvement liens; duration.

(Sp. Laws 1913, No. 352, § 108.)
In all cases where liens are created on account of public improvements in said city such liens shall, if an appeal is taken from the appraisal of damages or any assessment, continue for a period of 60 days after the passage of the final decree of the Court of Judge having jurisdiction of such appeal, or after termination of the appeal proceedings, but no longer, unless within said period a certificate signed by the Mayor or Clerk of said city, describing the premises on which the lien exists and stating the amount claimed by said city as a lien thereon, shall be lodged with said Town Clerk of Norwalk.

§ 1-268. Sidewalk improvements; building removal.

(Sp. Laws 1913, No. 352, § 109; Sp. Laws 1921, No. 400, § 7.)
All sums expended or expenses incurred under direction of the Council to level, raise, repair, flag, concrete or pave any sidewalk along the frontage of any property as provided in §§ 1-442 and 1-443, or in the removal of any building erected in violation of §§ 1-14 and 1-15,[1] with the expense for filing, shall be a lien upon the lands and buildings with reference to which such expenditures were made or such expense incurred, and such lien shall date from the day when such expenditures were made or expense incurred and shall have the same validity and be collected in the same manner as tax liens, provided such liens shall not exist for a period longer than 60 days after such expenditure was made or expense incurred unless, within said period, a certificate, signed by the Mayor and Clerk of said city, is filed with the Town Clerk of Norwalk, as provided in § 1-266, relating to liens for benefits assessed.
[1]
Editor's Note: See §§ 1-14 and 1-15.

§ 1-269. (Reserved)

[1]
Editor's Note: Former §§ 1-269, Assessment for street sprinkling as lien upon affected real estate, Sp. Laws 1913, No. 352, § 110; Sp. Laws 1967, No. 197, § 1, and 1-270, Sale of property subject to sprinkling lien; depositing of amount, Sp. Laws 1913, No. 352, § 111, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

§ 1-270. (Reserved)

[1]
Editor's Note: Former §§ 1-269, Assessment for street sprinkling as lien upon affected real estate, Sp. Laws 1913, No. 352, § 110; Sp. Laws 1967, No. 197, § 1, and 1-270, Sale of property subject to sprinkling lien; depositing of amount, Sp. Laws 1913, No. 352, § 111, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

Part 7. Tax Commissioners and Board of Relief

§ 1-271. Appointment of Tax Commissioners and Board of Relief; in general.

(Sp. Laws 1913, No. 352, § 49; Sp. Laws 1933, No. 456, § 1; Charter Amendment 8-29-1978.[1])
On the Wednesday next following the first Monday of October, 1933, the Mayor shall appoint, subject to confirmation by the Council, one member on the Board of Relief to hold office for the term of three years, and the person so appointed and the two members of the Board of Relief holding office at the time of such appointment and their successors to be appointed in the manner hereinafter provided shall constitute the Board of Relief. Annually thereafter, on the Wednesday following the first Monday of October, the Mayor shall appoint subject to confirmation by the Council, one member of the Board of Relief to hold office from the date of his appointment for a like term of three years and until his successor shall be appointed and shall have qualified. The term of office of the members of the Board of Relief in office at the time of the approval of this act shall be unaffected by the provisions hereof. Any vacancy in the membership of the Board of Relief may be filled by the Mayor for the unexpired portion of the term, subject to confirmation by the Council.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.

§ 1-272. Repeal of former provisions.

(Sp. Laws 1913, No. 352, § 49; Sp. Laws 1933, No. 456, § 1.)
Any provision of § 1-224 of said act consolidating the Town of Norwalk with the Cities of Norwalk and South Norwalk and the East Norwalk Fire District, and incorporating the City of Norwalk, approved June 6, 1913, as amended by an act approved April 18, 1929, which relates to the salaries of Assessors, is repealed.

§ 1-273. Assessments.

(Sp. Laws 1913, No. 352, § 90; Sp. Laws 1915, No. 367, § 4; Sp. Laws 1967, No. 197, § 2.)
The Assessors shall assess the real estate situated in said city, and the personal estate of the inhabitants of said city liable to be set in the lists by the Assessors of towns. The Assessors shall, on or before the 15th day of September in each year, give notice by posting the same on the public signpost in said city and by publishing the same once in a newspaper published in said city to all persons liable to pay taxes in said city, requiring of them written or printed lists, verified by the oaths of the respective persons, of all property belonging to said persons on the first day of September of that year, with the particulars of all their property liable to be assessed and valued, designating the district or districts in which each item is situated, within 20 days from the date of said notice; and said Assessors shall complete the lists of the several taxing districts of said city, including the ascertainment of the total assessed valuation of the property in each district, and said Assessors shall have the same power as the Assessors of towns. Said lists shall remain for 20 days in the office of said City Clerk, and shall be open to the inspection of any person liable to taxation in said city.[1]
[1]
Editor's Note: See § 1-284 for later provision.

§ 1-274. Delivery of assessment lists to Board of Tax Review; appeals; notices; return of lists; ratebook.

(Sp. Laws 1913, No. 352, § 91; Sp. Laws 1915, No. 367, § 5; Sp. Laws 1967, No. 197, § 3; Sp. Laws 1969, No. 264, § 1.)
On the 20th day of February in each year the City Clerk shall deliver the assessment lists of said city to the Board of Tax Review, who shall exercise and have the same powers in relation thereto as are conferred upon Boards of Tax Review of towns by the general statutes, and any person aggrieved by the doings of said Board may appeal therefrom to the Court of Common Pleas. Said Board shall give notice of their meeting by publication in one or more newspapers published in said city at least five days prior thereto. On or before the 20th day of March in each year said Board shall return said assessment lists, with a written report of any abatements or additions by them made, to the Tax Commissioner who shall, after the city tax is laid, make a ratebook.

§ 1-275. Actual valuation of property set in lists.

(Sp. Laws 1913, No. 352, § 92.)
All property liable to taxation in said city shall be set in the lists at its actual valuation.

§ 1-276. Failure of resident to file list.

(Sp. Laws 1913, No. 352, § 93.)
____________________; and if such resident fails to file such list the assessors shall make a list for him of all the property which they have reason to believe is owned by him liable to taxation in said city, at the actual valuation thereof, from the best information they can obtain, and add thereto 10% of said valuation.

§ 1-277. Assessment date; filing lists.

(Sp. Laws 1937, No. 539, § 1.)
The assessment date of the consolidated town and city of Norwalk shall continue to be the first day of October in each year. All persons required to file, with the Tax Commissioner of said consolidated town and city, lists of property subject to taxation, shall file such lists not later than the first day of November in each year, or, if such first day shall be Sunday, then the next business day following.

§ 1-278. Exclusions from lists.

(Sp. Laws 1937, No. 539, § 2.)
Such persons shall not include in such lists real estate, shellfish lands or motor vehicles. The term "motor vehicles" shall include trucks, tractors, automobiles and motorcycles.

§ 1-279. Listing personal property; forms.

(Sp. Laws 1937, No. 539, § 3.)
The State Tax Commissioner shall provide a form to be used by property owners in the consolidated Town and City of Norwalk for listing personal property for taxation, except as hereinbefore provided.

§ 1-280. Penalty applies for failure to file.

(Sp. Laws 1937, No. 539, § 4.)
The addition of 10% to taxpayers' lists, provided by law for failure to file such lists, shall apply only to such properties as are not expected by the provisions of § 1-278.

§ 1-281. Nonresident lists of real estate and personal property.

(Sp. Laws 1913, No. 352, § 94.)
All owners of real estate or tangible personal property which is located in the city seven months during any year, who are nonresidents of said city, shall file lists of such estate and personal property with the Assessors of said city in the same manner and subject to the same conditions as is required of residents, except that the lists of nonresidents may be made out and filed either by such nonresidents or by their attorneys or agents, and such property shall be liable to taxation in said city in the same manner as provided for property residents.

§ 1-282. Filing grand list with State Tax Commissioner; binding tax books and returning for public inspection; Board of Tax Review meeting.

(Sp. Laws 1935, No. 363; Sp. Laws 1967, No. 197, § 4; Sp. Laws 1969, No. 264, § 2.)
The grand list of the City of Norwalk shall be filed with the State Tax Commissioner, annually, on or before the first Monday in April. The tax books of said city shall be bound and returned for public inspection, annually, on or before the third Monday in April.[1] The Board of Tax Review of said city shall meet, annually, on the first Monday in March. The Board of Estimate of said city shall meet, annually, on the fourth Monday in April.[2]
[1]
Editor's Note: See also § 1-283.
[2]
Editor's Note: See also § 1-289.

§ 1-283. Time extension to complete books and duties of Board of Tax Review.

(Sp. Laws 1947, No. 486.)
The time within which the tax books of the City of Norwalk may be completed and the duties of the Board of Tax Review of said town may be completed is extended 30 days beyond the time prescribed by law.

§ 1-284. Transfer of tax books.

(Sp. Laws 1935, No. 126.)
The tax books on which the assessments of the property owners of the City of Norwalk are listed shall be transferred from the office of the City Clerk to the office of the Tax Commissioner of said city.

Part 8. Audit of Accounts

[1]
Editor's Note: See §§ 1-239 to 1-241.

§ 1-285. Appropriation of funds to defray expenses of audit.

(Sp. Laws 1945, No. 316, § 1.)
The Board of Estimate and Taxation[1] of the City of Norwalk shall appropriate funds sufficient to defray the expense of the annual audits provided for by § 1-285 to 1-287.
[1]
Editor's Note: As to the Board of Estimate and Taxation in general, see Art. VI.

§ 1-286. Accountants; reports to Council.

(Sp. Laws 1945, No. 316, § 2; Sp. Laws 1967, No. 197, § 5.)
Between August 15 and September 15 of each year, the Board of Estimate and Taxation shall appoint an accountant or a firm of accountants to conduct an audit of the accounts and transactions of the City of Norwalk for the fiscal year commencing the previous July 1. On or before the regular Council meeting in August following the close of the fiscal year, the accountant or accountants employed shall report in writing to the Common Council the results of such examination. Such accountant or firm of accountants may make interim reports to the Common Council and the Board of Estimate and Taxation at any time before completion of the final audit.
[1]
Editor's Note: Pursuant to an opinion of the Corporation Counsel, CGS Sections 7-391 through 7-396 should be consulted, as they supersede the provisions of §§ 1-286 and 1-287 of this Charter.

§ 1-287. Accountant qualifications.

(Sp. Laws 1945, No. 316, § 3.)
Such accountant or accountants shall be certified as provided by Chapter 167 of the General Statutes and shall have practiced accountancy in the state for at least five years immediately preceding his or their appointment.

Part 9. Personnel Department

§ 1-287.1. Department established.

(Sp. Laws 1969, No. 151, § 1.)
There is established a Personnel Department for the City of Norwalk.

§ 1-287.2. Personnel Director; appointment; term of office; vacancy.

(Sp. Laws 1969, No. 151, § 2; Charter Amendment 8-13-1974.[1])
On the first Monday after the first Tuesday in December 1977, the Mayor then in office shall appoint a Personnel Director, subject to confirmation of the Council of the City, who shall hold office at the pleasure of the Mayor and who may be removed at any time at the will of the Mayor. Such removal for all purposes shall be treated as a resignation. If the Mayor shall so remove his appointee, he shall forthwith appoint a successor, which appointment shall require confirmation by the Council. The Mayor shall fill any vacancy in the office of Personnel Director, subject to confirmation by the Council.
[1]
Editor's Note: Approved by the electorate at the general election held 11-5-1974.

§ 1-287.3. Policies to be adopted by Council.

(Sp. Laws 1969, No. 151, § 3.)
The Common Council shall establish by ordinance rules, regulations, policies and procedures which shall govern the operation of said Personnel Department and the administration of personnel matters in the City of Norwalk, including the duties of the Personnel Director. Such ordinance may be amended from time to time by the Common Council in such manner as it may deem necessary for the proper operation of said Personnel Department and the proper administration of personnel matters in the City of Norwalk.

ARTICLE VI. Board of Estimate and Taxation

[1]
Editor's Note: See also § 1-201.

§ 1-288. Board of Estimate and Taxation; appointment, qualifications, term and compensation; vacancies.

(Sp. Laws 1913, No. 352, § 88; Charter Amendment 8-29-1978;[1] Charter Amendment 8-10-1982.[2])
There shall be in said city a Board of Estimate and Taxation composed of six electors who shall serve without pay. Said members shall be appointed by the Mayor, subject to approval by the affirmative votes of a majority of the membership of the Common Council, and there shall be not more than two members from any one Council District, and not more than three appointed members shall belong to the same political party. Whenever a vacancy shall occur in said Board, the Mayor shall, subject to approval by the affirmative votes of a majority of the membership of the Common Council, appoint a member for the balance of the unexpired term. Such balance of unexpired term shall be considered as a full term for the purpose of tenure as hereinafter provided. Each term of membership shall be of four years' duration, and no member shall serve more than two consecutive terms unless the Mayor's appointment for a third term shall be approved by the affirmative votes of 2/3 of the membership of the Common Council, and in no instance shall an appointed member serve more than three consecutive terms. Within one week after taking office in 1983, the Mayor shall appoint one member for a term of two years and one member for a term of four years, and biennially thereafter, within one week after taking office, the Mayor shall, in the manner herein provided, appoint three members of said Board, each for a term of four years. Such appointments are subject to approval by the affirmative votes of a majority of the membership of the Common Council.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.
[2]
Editor's Note: Approved by the electorate at the general election held 11-2-1982.

§ 1-289. Mayor as ex officio member of Board of Estimate and Taxation; Board in general.

(Sp. Laws 1913, No. 352, § 89; Sp. Laws 1915, No. 367, § 3; Sp. Laws 1921, No. 189, § 8; Sp. Laws 1921, No. 400, § 6; Sp. Laws 1933, No. 328; Sp. Laws 1933, No. 335, § 3; Sp. Laws 1953, No. 267; Sp. Laws 1967, No. 197, § 6; Charter Amendment 11-7-1972; Charter Amendment 8-13-1974;[2] Charter Amendment 8-17-1976;[3]; Charter Amendment 11-5-1996; Charter Amendment 11-8-2005.)
The Mayor of said City shall be ex officio a member of the Board of Estimate and Taxation and shall have a vote in any of its proceedings. The Mayor shall preside at all meetings of said Board at which (s)he is present, and at all meetings of said Board, four members shall constitute a quorum, and the concurrence of four votes shall be necessary for the transaction of business. Whenever any meeting of the Board has been regularly called and no quorum shall be present, the Mayor may issue a warrant signed by him (her), directed to the Sheriff of Fairfield County, or either of his deputies, or to the City Sheriff of the City, to arrest and bring into such meeting a sufficient number of members of said Board to constitute a quorum. The members of the Board, before entering upon their duties, shall be sworn to the faithful discharge thereof, and any member of said Board who shall, while holding office, directly or indirectly, take or bargain for any fee, compensation or reward to influence his official vote or action upon any resolution or matter pending before said Board shall, upon conviction, pay a fine of $500 and shall be removed from office by the Mayor. The meetings of said Board shall be open to the public and shall be called by the Mayor, and notice of the time, place and purpose of holding the same shall be published in a newspaper in said City at least five days before the date thereof. The Clerk of said City shall be Clerk of said Board of Estimate and Taxation and shall keep in suitable books true records of all votes and proceedings of said Board, which records shall be open to public inspection and preserved with the records of said City. All of such records shall be, in all courts, evidence of the truth of the matters therein contained, and a certified copy of any such record shall be received in all courts as evidence of the same validity as the original record. Said Board shall have power to require the several officers of the City, town and several districts to furnish all the information which they may possess and to exhibit to them all books, papers and documents in their respective departments or in their possession, requisite, in the opinion of said Board, to enable it to discharge the duties imposed upon it by this act. Said Board, in legal meeting convened, shall have power to levy taxes on the polls and ratable estate within the limits of said City, subject to the maximum limit on total appropriations as set by the Council of said City as hereinafter provided. Every tax laid by said Board shall be laid upon the assessment list of said City last completed. The fiscal year of said City and said several taxing districts shall begin on the first day of July and end on the 30th day of June following. The several committees, officers and departments of the City and of the several taxing districts, under whose control money is expended, shall, on or before the 15th day of January in each year, report to the Director of Finance of said City an estimate of the amount of money required by said committee, officer, department or district for the ensuing fiscal year, giving details as far as practicable. Said Director of Finance shall prepare and submit to said Board of Estimate and Taxation, at a meeting thereof to be held on the second Monday of February in each year, and to the Common Council, the immediately following Tuesday of each year an estimate of the amounts required by each department of the City government and of the several taxing districts for the ensuing fiscal year, giving the particulars as far as possible and recommending appropriations for all the expenses of said City, and of the several taxing districts for said year, and recommending such tax on the polls and ratable estate within the limits of said City and of the several taxing districts as he deems necessary to meet such expenses, after deducting the amount of the available revenue for said fiscal year. Said Director of Finance shall cause such estimate to be published in a daily paper published in said City at least five days before the fourth Monday of February in each year. Said Common Council shall, at a meeting thereof to be held on the immediately following Tuesday in each year, adopt by a resolution approved by a vote of a majority of the entire membership of said Council, a maximum limit on total appropriations for the City for the ensuing fiscal year and cause the same to be communicated to the Board of Estimate and Taxation. Said Common Council resolution shall be exempt from the application of § 1-669 of this Charter. Any grants from private, state or federal sources received after the adoption of any maximum taxation by said Common Council under this section shall be exempt from said maximum limitation. Said Board of Estimate and Taxation shall hold a meeting on the fourth Monday in February in each year, and may adjourn the same from time to time to a day not later than the first Monday of April in each year and at said meeting or any adjournments thereof within the time hereinbefore specified; it shall hear all the parties who may desire to be heard relative to any alterations in said estimates, and may make any alterations in said estimates, appropriations and tax rates, and make such additional appropriations, as it deems proper. Said Board, having made such alteration, if any, shall prepare a statement of appropriations and tax rates which it proposes to make and levy, and cause the same to be forwarded to the Common Council in said City not later than the first Monday in April in each year. Said Common Council may, at a regular or special meeting to be held not later than the third Tuesday in April of each year, amend the maximum limit of total appropriations for the City for the ensuing fiscal year by 2/3 affirmative vote of the entire membership of said Council. Said Common Council vote shall be exempt from the application of § 1-669 of this Charter. Said Board of Estimate shall thereupon make such alterations in appropriations and tax rates as are necessary to comply with the limit set by the Common Council, and shall prepare a statement of appropriations and tax rates which it proposes to make and levy in accordance therewith, and cause the same to be published in a daily newspaper published in said City no less than three days before the fourth Wednesday of April in each year. Said Board shall hold a meeting on the first Monday in May in each year, and at said meeting may make such further alterations in such estimates, appropriations and tax rates as it shall deem proper, and shall have power to make appropriations and lay taxes, and said Board may fix the time or times when any tax laid by it shall become due and payable, and may divide such tax and make the same payable in two or more installments. No appropriation made at such meeting shall require the approval of the Council of said City; provided, however, that the total amount of such appropriations shall not exceed the maximum limit established by said Council as hereinabove provided. The actions of said Board at such meeting shall be subject to the provisions of § 1-669 of this Charter. Said Board of Estimate and Taxation shall have no power to make appropriations in excess of the estimate of revenues made by it for any year, and in no case shall the expenses of said City or district exceed their respective estimated revenues for any year except for the purpose for which said City is authorized to issue bonds, and when bonds are so issued. No money other than that appropriated as aforesaid by said Board at said meeting on the first Monday of May shall be expended unless a special appropriation therefor has been provided by said Board of Estimate and Taxation at a special meeting called for that purpose and has been approved by a 2/3 vote, taken by yeas and nays, of all members of the Council of said City. Any special appropriation approved in such manner shall be exempt from the maximum limit established by said Council as hereinabove provided. A majority of the members of the Board of Estimate and Taxation shall have power to call a special meeting of said Board. If a special appropriation in excess of the unappropriated revenues of said City is required, an estimate of the same shall be prepared by the Director of Finance and submitted to said Board of Estimate and Taxation at a special meeting called for that purpose; and said Board, at said meeting or an 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 laid is sufficient to cover the amount when such appropriation is in excess of the unappropriated revenues of said city, and unless such special tax has been approved by a 2/3 vote, taken by yeas and nays, of all the members of the Council of said City. Any appropriation, regular or special for any specific purpose, shall not be expended for any other purpose and, if unexpended, shall be covered back into the treasury 30 days after the expiration of the fiscal year for which it is made. All appropriations so made shall remain on the books of said City to the credit of the specific purposes for which they are made for 30 days after the expiration of the fiscal year for which they are made, for the purpose of paying bills lawfully contracted during the fiscal year which are properly chargeable to such appropriations. The annual reports of all administrative City officers and committees required by law shall be made to the Council on or before the first day of August in each year. Said Board is hereby authorized and directed to annually appropriate, at the charge of the First, Second, Third and Fifth Taxing Districts respectively, such sum or sums of money as may be necessary to support the public library in any district, or as may be required for a sinking fund to meet the indebtedness of said districts, and all money so appropriated and collected for the First, Second and Third Districts shall be invested and reinvested by the Treasurer of the district for which appropriated and collected and all money so appropriated and collected for the Fifth District shall be invested and reinvested in the name of the City by the City Treasurer.
[1]
Editor's Note: For the powers and duties of Mayor, see Art. V, Part 2.
[2]
Editor's Note: Approved by the electorate at the general election held 11-5-1974.
[3]
Editor's Note: Approved by the electorate at the general election held 11-2-1976.

ARTICLE VII. (Reserved)

§ 1-290. through § 1-296. (Reserved)

[1]
Editor's Note: Sections 1-290 through 1-296, which comprise former Article VII, Board of Health, were superseded by an ordinance adopted 6-10-1980. For current provisions regarding the Board of Health, see Ch. 57, Health and Sanitation.

ARTICLE VIII. Police Department and Police Fund

[1]
Editor's Note: See § 1-12. See also Ch. 111, Vehicle and Traffic.

Part 1. General

§ 1-297. Police Board; creation, composition; powers and duties.

(Sp. Laws 1935, No. 455, § 1.)
There shall be a Police Board in the City of Norwalk, which shall consist of two resident electors who shall be appointed by the Mayor and shall serve without compensation. Not more than 1/2 of the members of said Board, with the exception of the Mayor, shall be members of any one political party. The Mayor of said city shall be, ex officio, a member and Chairman of said Board. Within 10 days from the passage of this act, §§ 1-297 to 1-302, the Mayor shall appoint two members of said Board to serve until the first Wednesday following the first Monday of October 1937, and biennially thereafter the Mayor shall appoint two members to serve two years, and each such member shall serve until his successor shall be appointed. Said Board shall annually elect a Secretary from its members. Two members of said Board shall constitute a quorum, and a concurrence of two votes shall be necessary for the transaction of business. Said Board shall hold meetings at least once each month and at such other times as it may determine. Special meetings of the Board may be called by the Mayor or by two members upon reasonable notice to the Mayor or the other member. Said Board shall have control, management and supervision of the policemen of said city and all property belonging to or used in the Police Department. Said Board shall have the power to purchase all supplies and equipment necessary for the management of said department; to appoint, remove, suspend, discipline and punish and to prescribe the duties of all officers and members, whether regular, supernumerary or call, of said Police Department, and to fix their salaries and compensation, to make rules and regulations as it may deem necessary, consistent with the provisions hereof, for the regulation and government of said Department. It shall enforce and carry into effect all ordinances and by-laws of the Common Council and all laws of the state with reference to the safety of said city. It shall keep and preserve detailed records, files and minutes of all its proceedings and of all work, property and expenditures of said Police Department, and said files, records and minutes, or certified copies thereof, shall be accepted as evidence in all courts and proceedings. It shall have power to summon and examine witnesses as in civil actions and compel the production of books and papers, and administer oaths to such witnesses, and may require of any officer or board of said city all information and copies of records, books and papers relative to the public business in connection with said Department. It shall render monthly detailed statements and reports to the Common Council of its proceedings and of all disbursements and contracts made in said Department during the preceding month; shall render annually to said Common Council and to the Board of Estimate and Taxation,[1] a full statement of its disbursements and expenditures in said Department during the preceding year, with a report of the condition of said Department, and an estimate of the necessary expenditures for the ensuing fiscal year.
[1]
Editor's Note: See also, Art. VI, for Board of Estimate and Taxation.

§ 1-298. Powers of the Police Board.

(Sp. Laws 1935, No. 455, § 2.)
Said Board shall not abolish any office in the Police Department during the incumbency thereof of any appointee to such office, nor shall it remove, expel or reduce in rank any officer or regular or permanent member of the Police Department except for cause found after hearing. Notice of any such removal, expulsion or reduction in rank shall be given by the Board in writing to the officer or permanent member concerned, and any such officer or permanent member aggrieved by such removal, expulsion or reduction may, within 10 days after receiving notice of such action by the Board, appeal therefrom to the Superior Court in and for the County of Fairfield, which shall hear such appeal and render judgment thereon. The power to fix the number and designation of all the officers and members of the Police Department shall be in and exercised only by the bipartisan Police Board, and the number and designation of all officers of said Department shall continue as at present until said Board shall take action in the premises. Said Board shall have the power to retire any member of the Police Department for mental or physical disability and place his name on the retired list and such member shall not thereafter be entitled to pay or compensation from the city unless assigned to duty by the Chief of Police of the Police Department. His pay for the time so assigned to duty shall be that of a regular member of the force.

§ 1-299. Police Board shall administer Benefit Fund.

(Sp. Laws 1935, No. 455, § 3.)
Said Board shall administer the Policemen's Benefit Fund established under the provisions of an act approved April 30, 1925, as amended by Section three of an act approved June 16, 1927.[1]
[1]
Editor's Note: See §§ 1-319 to 1-332.

§ 1-300. Police Board may employ clerical assistance.

(Sp. Laws 1935, No. 455, § 4.)
Said Board may employ clerks for its own work and the clerical work of the Police Department, and may pay their salaries.

§ 1-301. Appointments; merit system.

(Sp. Laws 1935, No. 455, § 5.)
All appointments to be made by said Board shall be based upon merit and fitness for the duties pertaining thereto, and, in no degree, upon political affiliations or considerations. In carrying out the provisions of this section, said Board may adopt such provisions of Chapter 105 of the General Statutes as it may deem advisable and, on or before September 1, 1935, the merit system shall be in effect in said city.

§ 1-302. Repeal of former inconsistent laws.

(Sp. Laws 1935, No. 455, § 6.)
An act creating a Board of Public Safety in the City of Norwalk, approved June 16, 1927, as amended by an act amending an act creating a Board of Public Safety in the City of Norwalk, approved March 27, 1929, and all acts or parts of acts inconsistent herewith are repealed.

§ 1-303. Powers of police.

(Sp. Laws 1913, No. 352, § 141; Sp. Laws 1925, No. 225, § 1.)
. . . . . . Said police shall have the powers of Constables[1] of towns in the apprehension and arrest of criminals and the service of process within the limits of said city.
[1]
Editor's Note: Refer to § 1-217 for powers of Constables.

§ 1-304. through § 1-305. (Reserved)

[1]
Editor's Note: Former §§ 1-304, Supernumerary Police Force; members; appointment; control; duties; powers, Sp. Laws 1913, No. 352, § 144; Sp. Laws 1915, No. 367, § 10; Sp. Laws 1925, No. 225, § 2; Sp. Laws 1969, No. 149, and 1-305, Appointments to regular force, Sp. Laws 1913, No. 352, § 146, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

§ 1-305.1. Special police force.

(Sp. Laws 1967, No. 403.)
There shall be a special police force or call force in the City of Norwalk consisting of not more than 200 members.
The members of said special police or call force shall be appointed by the Board of Police Commissioners for terms not exceeding two years. No person shall be appointed a member of the special police or call force unless he is an elector of the City of Norwalk, of good moral character and habits, in good health, and shall have passed such examination, mental and physical, as may be required by the Board of Police Commissioners. Such special police force or call force shall, at all times, be under the direction and control of the Chief of Police and shall perform such duties as may be assigned or designated by said Chief of Police. Members of the special police or call force shall have the power of regular policemen in the apprehension and arrest of criminals, in maintaining public order, and in the service of process within the limits of the City of Norwalk, and shall be paid for their services by said city.

§ 1-306. Duty of police as to arrest without warrant.

(Sp. Laws 1913, No. 352, § 148.)
It shall be the duty of any policeman of said city to arrest, without previous complaint or warrant, any person guilty of drunkenness, vagrancy, disorderly conduct, breach of the peace, common assault, or any other offense committed within said city, when such offender may be taken or apprehended in the act, or on the speedy information of others, or when such officer has reasonable grounds to believe that an offense has been committed, and all persons so arrested shall be immediately presented before the Town Court of Norwalk for trial.

§ 1-307. through § 1-310. (Reserved)

[1]
Editor's Note: Former §§ 1-307, Appointment of Women Probation Officer, 1-308, Powers of Woman Probation Officer, 1-309, Removal of Woman Probation Officer, and 1-310, Salary of Probation Officer, Sp. Laws 1927, No. 371, §§ 1 to 4, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

§ 1-311. Extension of police jurisdiction.

(Sp. Laws 1953, No. 590, § 1.)
The jurisdiction of the Norwalk Police Department is extended to the entire City of Norwalk.

§ 1-312. Duties of Police Department.

(Charter Amendment 11-3-1970.)
The Norwalk Police Department shall maintain an adequate police force and shall provide all services as they may be required in the entire City of Norwalk. This section shall apply to the fiscal year beginning July 1, 1971, and shall be effective as of that date.

§ 1-313. Fifth Taxing District; taxation to defray police expenses.

(Charter Amendment 11-3-1970.)
All the inhabitants and real and personal property within the limits of the Fifth Taxing District shall be liable to taxation to defray the expenses of the Police Department, and an appropriation for the Police Department shall be included in the annual budget of the city. This section shall apply to the fiscal year beginning July 1, 1971, and shall be effective as of that date.

§ 1-314. through § 1-316. (Reserved)

(Repealed by Charter Amendment 11-3-1970; effective 7-1-1971.)

§ 1-317. through § 1-318. (Reserved)

[1]
Editor's Note: Former §§ 1-317, Workweek for policemen, and 1-318, Approval of workweek, Sp. Laws 1951, No. 293, §§ 1 and 2, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

Part 2. Police Benefit Fund

[1]
Editor's Note: Refer to § 1-299 for administration of fund.

§ 1-319. Composition of the Police Benefit Fund.

(Sp. Laws 1931, No. 518, § 1; Sp. Laws 1945, No. 235.)
There shall be in the City of Norwalk a fund to be known as the Police Benefit Fund to consist of: (1) Such sums of money as shall be appropriated to said fund from the Treasury of said city by the Council thereof; (2) all property specially devised, bequeathed or given for the benefit of disabled policemen of said city, and property given to the Police Department of said city on account of services rendered by said Department; (3) all lost, abandoned, unclaimed or stolen money and all money arising from the sale of unclaimed abandoned, lost or stolen property in charge of the Board of Public Safety of said city at any time available for that purpose under the provisions of the general statutes; (4) all rewards, fees, gifts, testimonials and emoluments that may be presented to any member of the Police Force of said city on account of special services, except such as said Board of Public Safety may allow any member to retain; (5) one percent of all salaries and compensation of the members of the Police Department appointed before July 1, 1945; (6) three percent of all salaries and compensation of such members of the Police Department appointed after July 1, 1945; and (7) an annual appropriation to said fund by the City of Norwalk of an amount not less than 3% of yearly salaries and compensation of the contributing members of the Police Department.

§ 1-320. Benefit Fund Trustees; Treasurer; Secretary.

(Sp. Laws 1931, No. 518, § 2.)
The Board of Public Safety of said city shall be a Board of Trustees of said Benefit Fund and the Treasurer of said city shall be the Treasurer of said fund. All orders drawn on said fund shall be signed by the Chairman of said Board and countersigned by the Secretary of said Board. Said Secretary shall keep a record of the proceedings of said Board and of all actions taken by it with regard to said fund.

§ 1-321. Investment of Benefit Fund.

(Sp. Laws 1931, No. 518, § 3.)
Said Board of Trustees shall have general charge of said fund and may, by a majority vote, the Mayor to be one of such majority, direct the Treasurer to invest any portion of the same in bonds of the City of Norwalk or in any securities authorized by the laws of the state as investment for trust funds, or to deposit the same or any portion thereof in any savings banks or trust companies of the state. Said Board of Trustees shall, annually, or more frequently, if required, report to the Council the condition of said fund, with the items of all the receipts and disbursements on account of same. If said fund shall be found, at any time, to be insufficient to meet the requirements made upon it, the Board of Estimate and Taxation, upon application made to it by said Board of Trustees, or by said Council acting at the instance of said Board of Trustees, shall make an appropriation to supply such deficiency, and any prospective deficiency in said fund may be provided for by said Board of Estimate and Taxation in its annual appropriations for the Police Department.

§ 1-322. Establishment of the "Veteran Reserve."

(Sp. Laws 1931, No. 518, § 4.)
In addition to the Regular and Supernumerary Police Force of the City of Norwalk, composed of the permanent men and officers of said Department, there shall be an honorary grade known as "The Veteran Reserve" to which said Board of Trustees may at its discretion, by unanimous vote, transfer any member of the police force who shall, from age or from disability incurred in the discharge of perilous duty or in long and faithful service, become permanently disqualified for the more active duties of the regular grade; provided the pay of any member of said Veteran Reserve shall be regulated by said Board of Trustees in accordance with the amount of duty performed and shall not be less than 1/2 of the compensation previously received by such member while in the regular police force and provided any member of said Veteran Reserve may be removed in the same manner as a member of the regular Police Department and provided no transfer to said Veteran Reserve shall be made except on the certificate of such Medical Examiner as said Board of Trustees may appoint. All members so transferred shall be subject to the orders of said Board of Trustees, which may at any time, require any such member to be reexamined, and, in case he shall be reported capable of performing duty, may, by an affirmative vote of the majority of its members, the Mayor to compose one of such majority, restore him to said regular Police Department.

§ 1-323. Disability and old age.

(Sp. Laws 1931, No. 518, § 5.)
Said Board of Trustees may, by a unanimous vote, as a reward for conspicuously meritorious service, retire from duty any member of the regular force or the Veteran Reserve Force after 25 years of continuous service in the Department, upon the certificate of such Medical Examiner as said Board of Trustees may designate, showing that such member is permanently disabled, physically or mentally, so as to be unfit for any police duty; provided such Medical Examiner shall further certify that, in his opinion, such disability is due either to the natural infirmities of old age or to injury received or exposure endured in the performance of duty in the Police Department. Such member shall be entitled to receive from said fund, during his remaining lifetime, unless removed from the retired list, after notice and hearing, by the unanimous vote of said Board of Trustees, a sum equal to 1/2 of the yearly compensation received in service before retirement as a regular member of the Police Department, such sum to be payable in monthly installments. Said Board of Trustees may, by an affirmative vote of the whole number of its members, retire any member of the Police Department who, while in the actual performance and by reason of the performance of such duty and without fault or misconduct on his part, shall have become permanently disabled, physically or mentally so as to be entirely unfitted to perform such duty; and such member so retired shall be entitled to receive from said fund during his life, unless removed from the retired list, after notice and hearing, by the unanimous vote of the members of said Board of Trustees, a sum equal to 1/2 of his previous compensation received per annum, to be paid in monthly installments. Whenever said Board of Trustees shall remove a former member of the Police Department from the retired list, said Board shall make and keep on file a written statement of the causes for having made such removal.

§ 1-324. Death benefits.

(Sp. Laws 1931, No. 518, § 6; Sp. Laws 1939, No. 255, § 1.)
When any member of said Police Department shall have been killed while in the actual performance of duty, or shall have died from the effects of any injury received or illness contracted while in the actual discharge of such duty, said Board of Trustees shall direct a sum not exceeding 1/2 of the yearly compensation received in service as a regular member of the Police Department, to be paid from said fund, in monthly installments to the widow of such policeman, or, if he leaves no widow, to his child or children not over 16 years of age, after the death or remarriage of such a widow; provided such annual payments to such widow shall cease if such widow shall remarry, and such payments to any such child shall cease when such child shall attain the age of 16 years. In case such deceased member leaves neither widow nor a child under the age of 16 years, the Board of Trustees shall direct the whole of such sum to be paid to the parents, or dependent of such member, if such parent or parents, or dependent, prior to his death, shall have depended upon him for support.

§ 1-325. (Reserved)

[1]
Editor's Note: Former § 1-325, Retirement at 60, Sp. Laws 1931, No. 518, § 7; Sp. Laws 1933, No. 333, § 1, was repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

§ 1-326. Examination by Medical Examiner.

(Sp. Laws 1931, No. 518, § 8.)
Said Board of Trustees may, at its discretion, order any member of the retired list, except such members as shall have been retired under the provisions of § 1-325, to be examined by a Medical Examiner to be designated by said Board, and, if such member shall be reported capable of performing police duty, said Board may, by an affirmative vote of a majority of its whole number, the Mayor to be one of such majority, restore such member either to the regular or to the Veteran Reserve Force.

§ 1-327. Authorization to make rules and regulations.

(Sp. Laws 1931, No. 518, § 9.)
The Board of Trustees shall have authority to make rules and regulations necessary to carry out the provisions of §§ 1-319 to 1-332, but such rules and regulations shall not be effectual until ratified by a majority vote of the Council.

§ 1-328. Failure to pay assessment.

(Sp. Laws 1931, No. 518, § 10.)
Any person who shall fail to pay an assessment which may be made against him under the provisions of §§ 1-319 to 1-332, shall not be entitled to any benefits from said fund.

§ 1-329. Transfer of funds from Police Benefit Fund.

(Sp. Laws 1931, No. 518, § 11.)
All of the accumulations deposited in the Police Benefit Fund at the time of the passage of §§ 1-319 to 1-322, from whatever source derived, are transferred to and vested in the Trustees of said Police Benefit Fund, to be held, managed and disposed of as herein set forth, and all acts of said Trustees in reference thereto are ratified and confirmed.

§ 1-330. Resignation and reinstatement.

(Sp. Laws 1931, No. 518, § 12; Sp. Laws 1933, No. 333, § 2.)
The term of service of any member of the permanent force of the Police Department of said City of Norwalk who shall have resigned and shall have been immediately reinstated as a member of said permanent force of the Police Department, shall be considered as a term of continuous service for the purpose of receiving any benefits under any pension law or Police Benefit Fund law effecting such member. Any member of the permanent force of said Police Department who shall have resigned from said Department when no charges were pending against him, and who shall afterwards, at any time, be reinstated as a member of said permanent force of said Police Department, shall be entitled to have his two periods of service in said Department considered as a term of continuous service for the purpose of receiving any benefits under any pension law or Police Benefit Fund law affecting such member.

§ 1-331. Death allowances for members eligible for retirement.

(Sp. Laws 1931, No. 518, § 13.)
When any member of the permanent force of the Police Department who shall be on or shall be eligible to be placed on the retired list, by reason of the provisions of § 1-325, shall die while on or eligible to be placed on the retired list, the Board of Trustees of the Police Benefit Fund shall direct an allowance out of said fund equal to 1/2 of the salary of such deceased policeman, to be paid to the widow or dependents of such deceased policeman.

§ 1-332. Death allowances for members with 20 years of service.

(Sp. Laws 939, No. 255, § 2.)
When any member of the Police Department shall die, after having served continuously for a period of 20 years or more, exclusive of time served as a supernumerary or special policeman, the Board of Trustees shall direct an allowance out of said fund, equal to 1/2 the salary of such deceased policeman, to be paid to the widow until her death or remarriage and thereafter to the children of such policeman who are under the age of 16 years, provided, in the case of any policeman who shall have died while a member of the Veteran Reserve, such allowance shall be 1/2 of the pay which such deceased policeman was receiving immediately prior to being placed on such Veteran Reserve, and provided, in case such policeman leave neither widow nor child, under the age of 16 years, the Board of Trustees shall direct the whole of such sum to be paid to the parent or parents or dependent of such deceased member, if such parent or parents or dependent, prior to his death, shall have depended upon him for support.

ARTICLE IX. Fire Department and Fire Fund

[1]
Editor's Note: See § 1-12, of Charter, and Ch. 41, Fire Department. For extension of fire protection see, Art. XXII.

Part 1. General

§ 1-333. Fire Board; creation and composition; general powers.

(Sp. Laws 1935, No. 454, § 1.)
There shall be a Fire Board in the City of Norwalk, which shall consist of two resident electors who shall be appointed by the Mayor and shall serve without compensation. Not more than 1/2 of the members of said Board, with the exception of the Mayor, shall be members of any one political party. The Mayor of the said city shall be, ex officio, a member and chairman of said Board. Within 10 days from the passage of §§ 1-333 to 1-337, the Mayor shall appoint two members of said Board to serve until the first Wednesday following the first Monday of October, 1937, and biennially thereafter, the Mayor shall appoint two members to serve for two years, and each such member shall serve until his successor shall be appointed. Said Board shall annually elect a Secretary from its members. Two members of said Board shall constitute a quorum and a concurrence of two votes shall be necessary for the transaction of business. Said Board shall hold meetings at least once each month and at such other times as it may determine. Special meetings of the Board may be called by the Mayor or by two members upon reasonable notice to the Mayor or the other member. Said Board shall have control, management and supervision of the firemen of said city and all property belonging to or used in the Fire Department. Said Board shall have the power to purchase all supplies and equipment necessary for the management of said Department; to appoint, remove, suspend, discipline and punish and to prescribe the duties of all officers and members, whether regular, supernumerary or call, of said Fire Department and fix their salaries and compensation and to make rules and regulations as it may deem necessary, consistent with the provisions hereof, for the regulation and government of said Department. It shall enforce and carry into effect all ordinances and bylaws of the Common Council and all laws of the state with reference to the safety of said city. It shall keep and preserve detailed records, files and minutes of all its proceedings and of all work, property and expenditures of said Fire Department, and said files, records and minutes, or certified copies thereof, shall be accepted as evidence in all courts and proceedings. It shall have the power to summon and examine witnesses as in civil actions and compel the production of books and papers, and administer oaths to such witnesses, and may require of any officer or board of said city all information and copies of records, books and papers relative to the public business in connection with said Department. It shall render monthly detailed statements and reports to the Common Council of its proceedings and of all disbursements and contracts made in said Department during the preceding month; shall render annually to said Common Council and to the Board of Estimate and Taxation a full statement of its disbursements and expenditures in said Department during the preceding year, with a report of the condition of said Department, and an estimate of the necessary expenditures for the ensuing fiscal year.

§ 1-334. Abolishing officers in the Fire Department; removal, expulsion; number and designation of officers; retired list.

(Sp. Laws 1935, No. 454, § 2.)
Said Board shall not abolish any office in the Fire Department during the incumbency thereof of any appointee to such office, nor shall it remove, expel or reduce in rank any officer or regular or permanent member of the Fire Department except for cause found after hearing. Notice of any such removal, expulsion or reduction in rank shall be given by the Board in writing to the officer or permanent member concerned, and any such officer or permanent member aggrieved by such removal, expulsion or reduction may, within 10 days after receiving notice of such action by the Board, appeal therefrom to the Superior Court in and for the County of Fairfield, which shall hear such appeal and render judgment thereon. The power to fix the number and designation of all officers and members of the Fire Department shall be in and exercised only by the bipartisan Fire Board, and the number and designation of all officers of said Department shall continue as at present until said Board shall take action in the premises. Said Board shall have the power to retire any member of the Fire Department for mental or physical disability and place his name on the retired list and such member shall not thereafter be entitled to pay or compensation from the city unless assigned to duty by the Fire Chief of the Fire Department. His pay for the time so assigned to duty shall be that of a regular member of the force.

§ 1-335. Administration of Firemen's Benefit Fund by Fire Board.

(Sp. Laws 1935, No. 454, § 3.)
Said Board shall administer the Firemen's Benefit Fund established under the provisions of an act approved May 21, 1925, as amended by section four of an act approved June 16, 1927.[1]
[1]
Editor's Note: See §§ 1-338 to 1-352, amended.

§ 1-336. Fire Board may employ clerical assistance.

(Sp. Laws 1935, No. 454, § 4.)
Said Board may employ clerks for its own work and the clerical work of the Fire Department, and may fix and pay their salaries.

§ 1-337. Appointments by Fire Board.

(Sp. Laws 1935, No. 454, § 5.)
All appointments to be made by said Board shall be based upon merit and fitness for the duties pertaining thereto and, in no degree, upon political affiliations or consideration. In carrying out the provisions of this section, said Board may adopt such provisions of Chapter 105 of the General Statutes as it may deem advisable and, on or before September 1, 1935, the merit system shall be in effect in said city.

Part 2. Firemen's Benefit Fund

§ 1-338. Composition of the "Firemen's Benefit Fund."

(Sp. Laws 1931, No. 37, § 1; Sp. Laws 1945, No. 242.)
There shall be in the City of Norwalk a fund to be known as the "Firemen's Benefit Fund," which fund shall consist of (1) any property specifically devised or given for the benefit of disabled firemen of the permanent force and so designated; (2) any money derived from entertainments or testimonials conducted under the heading or title of the "Firemen's Benefit Fund"; (3) any rewards, fees, gifts or acknowledgment of service, designated and presented to the Fire Department or any member thereof on account of special service, except as shall be allowed by the Board of Public Safety of said city to be retained by a member or any similar grant by the Council of said city; (4) a monthly assessment of 1% on the salaries of members of the permanent force who were appointed before July 1, 1945; (5) a monthly assessment of 3% on the salaries of the members appointed to the permanent force after July 1, 1945; (6) such as the Board of Estimate and Taxation may, upon recommendation of the Council, appropriate from time to time; (7) any money collected from members of said permanent force by way of a fine or forfeiture of pay imposed or ordered, and all money deducted or withdrawn from the pay of such members on account of lost time or for breach of the rules of the Department; (8) the income and interest from all property and money belonging to said fund; and (9) an annual appropriation to said fund by the City of Norwalk of an amount not less than 3% of yearly salaries and compensation of the contributing members of the Fire Department. Any property given to the Fire Department on account of services rendered shall, unless otherwise specifically directed, be made part of a fund selected by the Volunteer Fire Company or companies engaged in any special act of said service for which any reward may be given, while said class of volunteer fire service may continue.

§ 1-339. Abolishment of volunteer service.

(Sp. Laws 1931, No. 37, § 2.)
When the Council shall determine that the class of volunteer service shall be abolished and the manual force placed upon an entirely paid basis, § 1-338 shall apply to the members constituting such paid force.

§ 1-340. Firemen's Benefit Fund; Trustees; Treasurer and Secretary.

(Sp. Laws 1931, No. 37, § 3.)
The Board of Public Safety of said city shall be a Board of Trustees of said Benefit Fund, and the Treasurer of said city shall be the Treasurer of said fund. All orders drawn on said fund shall be signed by the Chairman of said Board and countersigned by the Secretary of said Board. Said Secretary shall keep a record of the proceedings of said Board and of all action taken by it with regard to said Benefit Fund.

§ 1-341. Fund investment; reports; appropriations.

(Sp. Laws 1931, No. 37, § 4.)
Said Board of Trustees shall have general charge of said Relief or Benefit Fund, with the items of all the receipts and disbursements on such majority, direct the Treasurer to invest any portion of the same in bonds of the City of Norwalk or in any securities authorized by the laws of the state as investments for trust funds or to deposit the same or any portion thereof in any savings banks or trust companies of the state. Said Board of Trustees shall annually, or more frequently if required, report to the Council the condition of said Benefit Fund, with the items of all the receipts and disbursements on account of the same. If said Benefit Fund shall be found, at any time, to be insufficient to meet the requirements made upon it, the Board of Estimate and Taxation, upon application made to it by said Board of Trustees, or by said Council, acting at the instance of said Board of Trustees, shall make an appropriation to supply such deficiency, and any prospective deficiency in said fund may be provided for by said Board of Estimate and Taxation in its annual appropriations for the Fire Department.

§ 1-342. The establishment of Veteran Reserve.

(Sp. Laws 1931, No. 37, § 5.)
In addition to the regular Fire Department of said city, composed of the permanent men and the officers of said Department, there shall be an honorary grade known as "The Veteran Reserve," to which said Board of Trustees may, at its discretion, by unanimous vote, transfer any member of the regular force of the Department who shall, from age or disability incurred in the discharge of perilous duty or in long and faithful service, become permanently disqualified for the more active duties of the regular grade; provided the pay of any member of the said Veteran Reserve shall be regulated by said Board of Trustees in accordance with the amount of duty performed and shall not be less than 1/2 of the compensation previously received by such member while in the regular Fire Department Service and provided any member of said Veteran Reserve may be removed in the same manner as a member of the regular Fire Department and provided no transfer to said Veteran Reserve shall be made except on the certificate of such Medical Examiner as said Board of Trustees may appoint. All members so transferred shall be subject to the orders of said Board of Trustees, which may, at any time, require any such member to be reexamined, and in case he shall be reported capable of performing duty, may by an affirmative vote of a majority of its members, the Mayor to compose one of such majority, restore him to the regular Fire Department.

§ 1-343. Disability and old age.

(Sp. Laws 1931, No. 37, § 6.)
Said Board of Trustees may, by a unanimous vote, as a reward for conspicuously meritorious service, retire from duty any member of the regular force or the Veteran Reserve Force after 25 years of continuous service in the Department, upon the certificate of such Medical Examiner as said Board of Trustees may designate, showing that such member is permanently disabled, physically or mentally, so as to be unfit for any fire duty; provided such Medical Examiner shall further certify that, in his opinion, such disability is due either to the natural infirmities of old age or to injury received or exposure endured in the performance of duty in the Fire Department. Such member shall be entitled to receive from said fund, during the remainder of his life, unless removed from the retired list, after notice and hearing, by the unanimous vote of said Board of Trustees, a sum equal to 1/2 of the yearly compensation received in service before retirement as a regular member of the Fire Department, such sum to be payable in monthly installments. Said Board of Trustees may, by an affirmative vote of the whole number of its members, retire any member of the Fire Department who, while in the actual performance and by reason of the performance of such duty and without fault or misconduct on his part, shall have become permanently disabled, physically or mentally, so as to be entirely unfitted to perform such duty; and such member so retired shall be entitled to receive from said fund during his life, unless removed from the retired list, after notice and hearing, by the unanimous vote of the members of said Board of Trustees, a sum equal to 1/2 of his previous compensation received per annum, to be paid in monthly installments. Whenever said Board of Trustees shall remove a former member of the Fire Department from the retired list, said Board shall make and keep on file a written statement of the causes for having made such removal.

§ 1-344. Death benefits.

(Sp. Laws 1931, No. 37, § 7; Sp. Laws 1941, No. 419, § 1.)
When any member of said Fire Department shall have been killed while in the actual performance of duty, or shall have died from the effects of an injury received or illness contracted while in the actual discharge of such duty, said Board of Trustees shall direct a sum equal to 1/2 of the yearly compensation received in service as a regular member of the Fire Department, to be paid from said fund, in monthly installments to the widow of such firearm, or if he leave no widow, or such widow shall thereafter die or remarry, to his child or children not over 18 years of age, after the death or remarriage of such widow; provided such annual payments to such widow shall cease if such widow shall remarry, and such payments to any such child shall cease when such child shall attain the age of 18 years. In case such deceased member leave neither widow nor child under the age of 18 years, the Board of Trustees shall direct the whole of such sum to be paid to the parent or parents or dependent of such member, if such parent or parents or dependent, prior to his death, shall have been dependent upon him for support.

§ 1-345. Retirement.

(Sp. Laws 1931, No. 37, § 8; Sp. Laws 1933, No. 329, § 1.)
Said Board of Trustees may, of its own violation, and shall, at the request of any member of said permanent force, or any member thereof who shall have served in said class of service continuously for a period of 25 years and shall have attained the age of 60 years, place such officer or member on the retired list. Thereafter, such retired officer or member shall be entitled to receive from said fund during his life an annual sum, payable monthly, equal to 1/2 of his pay at the time of his retirement.

§ 1-346. Examination by Medical Examiner; restoration to duty.

(Sp. Laws 1931, No. 37, § 9.)
Said Board of Trustees may, at its discretion, order any member on the retired list, except such member as shall have been retired under the provisions of § 1-345, to be examined by a Medical Examiner to be designated by said Board, and if such member shall be reported capable of performing fire duty, said Board may, by an affirmative vote of a majority of its whole number, the Mayor to be one of said majority, restore such member either to the regular or to the Veteran Reserve Force.

§ 1-347. Authorization of Board of Trustees to make rules and regulations.

(Sp. Laws 1931, No. 37, § 10.)
The Board of Trustees shall have authority to make rules and regulations necessary to carry out the provisions of §§ 1-338 to 1-352, but such rules and regulations shall not be effectual until ratified by a majority vote of the Council.

§ 1-348. Failure to pay assessments.

(Sp. Laws 1931, No. 37, § 11.)
Any person who shall fail to pay an assessment which may be made against him under the provisions of §§ 1-338 to 1-352, shall not be entitled to any benefits from said fund.

§ 1-349. Transfer of fund and investment thereof.

(Sp. Laws 1931, No. 37, § 12.)
All of the accumulations deposited in the firemen's benefit fund at the time of the passage of §§ 1-338 to 1-356, from whatever source derived, are transferred to and invested in the Trustees of said Firemen's Benefit Fund, to be held, managed and disposed of as herein set forth, and all acts of said Trustees in reference thereto are ratified and confirmed.

§ 1-350. Resignation and reinstatement.

(Sp. Laws 1931, No. 37, § 13; Sp. Laws 1933, No. 329, § 2.)
The term of service of any member of the permanent force of the Fire Department of said City of Norwalk who shall have resigned and shall have been immediately reinstated as a member of said permanent force of the Fire Department, shall be considered as a term of continuous service for the purpose of receiving any benefits under any pension law or firemen's fund law affecting such member. Any member of the permanent force of said Fire Department who shall have resigned from said Department where no charges were pending against him, and who shall, afterwards at any time, be reinstated as a member of said permanent force of said Fire Department, shall be entitled to have his two periods of service in said Department considered as a term of continuous service for the purpose of receiving any benefits under any pension law or firemen's fund law affecting such member.

§ 1-351. Death allowances for members eligible for retirement list.

(Sp. Laws 1931, No. 37, § 14.)
When any member of the permanent force of the Fire Department who shall be on or shall be eligible to be placed on the retired list, by reason of the provisions of § 1-345, shall die while on or eligible to be placed on the retired list, the Board of Trustees of the Firemen's Benefit Fund shall direct an allowance out of said fund equal to 1/2 of the salary of such deceased fireman, to be paid to the widow or dependents of such deceased fireman.

§ 1-352. Death allowances for members after continuous service.

(Sp. Laws 1941, No. 419, § 2.)
When any member of the Fire Department shall die, after having served continuously for a period of 20 years or more, exclusive of the time served as a volunteer, or callman, the Board of Trustees shall direct an allowance out of the Fireman's Benefit Fund equal to 1/2 of the yearly salary of such deceased fireman to be paid in monthly installments to the widow of such fireman or, if he leave no widow or said widow thereafter dies or remarries, to his child or children not over 18 years of age; after the death or remarriage of such widow, provided, in case of any fireman who shall have died while a member of the Veteran Reserve, such allowance shall be 1/2 of the pay which such deceased fireman was receiving immediately prior to being placed in such Veteran Reserve, and provided in case such fireman leave neither widow nor child under the age of 18 years, the Board of Trustees shall direct the whole of such sum to be paid to the parents or parent or dependent of such deceased member, if such parent or parents or dependent, prior to his death, shall have depended upon him for support.

ARTICLE X. Department of Social Services

§ 1-353. Department of Social Services.

(Charter Amendment 2-10-1981.)[1]
There shall be a Department of Public Welfare, referred to elsewhere in the Charter, which shall be known as the "Department of Social Services."
[1]
Editor's Note: The Charter Amendment adopted 2-10-1981 also provided for the repeal of former §§ 1-353 through 1-361, which comprised former Art. X, Department of Public Welfare (Sp. Laws 1913, No. 352, § 171; Sp. Laws 1933, No. 331, §§ 1 and 2; Sp. Laws 1935, No. 505, §§ 1, 2, 3, 4, 5, 6 and 7.).

§ 1-354. Appointment of Director.

(Charter Amendment 2-10-1981.)
There shall be a Director of Social Services in accordance with the provisions of Section 17-9 of the General Statutes. Said Director shall be in charge of and be responsible for the operation of the Department in carrying out its functions and duties. He shall be appointed by the Mayor, subject to confirmation by the Common Council, for a term of four years and may, at the beginning of a term, be made subject to a probationary period of service, after which he may be removed for cause. The provision shall become effective on the date the present Director of Social Services ceases to hold said office; said four-year term shall commence on the July 1 following the date the present Director ceases to hold said office.

§ 1-355. Creation and composition of Board of Social Services.

(Charter Amendment 2-10-1981.)
A. 
There shall be a Board of Social Services of the city consisting of five electors of the city, who shall consult with the Director of Social Services, advise the Mayor and the Council on the operations of the Department and exercise such special functions and assignments as the Mayor or Council may direct.
B. 
The Mayor of said city shall appoint the members of said Board, subject to confirmation by the Council, for a term of two years. Any vacancy which may occur in the membership of said Board may be filled for the unexpired portion of the term in the manner hereinbefore provided. The members of said Board shall serve without compensation. The members of the Board whose terms are unexpired as of the date hereof shall continue as members of the Board for the balance of their terms. The two existing terms expiring December 1, 1981, shall be succeeded by two terms of one year each which shall expire December 1, 1982, and thereafter they shall expire every two years.
The two existing terms expiring December 1, 1983, shall expire on that date and every two years thereafter. Upon passage of this ordinance, one new member shall be appointed for a term expiring December 1, 1983, and every two years thereafter.

§ 1-356. Powers and duties of Director of Social Services.

(Charter Amendment 2-10-1981.)
A. 
The Director shall recommend such personnel as are required to carry out the duties and responsibilities assigned to the Department pursuant to this ordinance. The number, duties, responsibilities and salaries of such personnel shall be set forth in a set of written job specifications, prepared by said Director and approved by the Common Council, and shall further be subject to such other approval of the Board of Estimate as may be provided by law.
B. 
The Director of Social Services shall administer the powers and duties delegated to the Department of Social Services by the Welfare Commissioner or Commissioner of Income Maintenance of the State of Connecticut. She/He shall have authority over all Department of Social Services officials. She/He may require the enforcement of any law, regulation or ordinance relating to social services or public assistance. She/He shall have all the power given Directors of Social Services under the General Statutes of the state.
C. 
On or before the first day of October in each year, the Director of Social Services shall report in writing to the Mayor and Common Council upon the activities of the Director of Social Services. Such report shall contain a review of activities of the Department and shall contain recommendations for such Council action as he may find advantageous for the protection of Social Services.

§ 1-357. Reimbursement.

(Charter Amendment 2-10-1981.)
The Department of Social Services shall be authorized to seek reimbursement for any state or federal program for the needy, including but not limited to the poor, aged, infirmed, blind and disabled, in accordance with state or federal law.

§ 1-358. Turning over reimbursement or receipts to Comptroller.

(Charter Amendment 2-10-1981.)
All money reimbursed or receipts from the state or federal government shall be paid over to the Comptroller for deposit in the general fund of the City of Norwalk.

§ 1-359. through § 1-361. (Reserved)

ARTICLE XI. (Reserved)

[1]
Editor's Note: Former Article XI, Department of Public Works, was repealed 10-24-1978. For current provisions in this regard, see Ch. 88, Public Works Department, of the Code of the City of Norwalk.

§ 1-362. (Reserved)

(Sp. Laws 1945, No. 313, § 1.)

§ 1-363. (Reserved)

(Sp. Laws 1945, No. 313, § 2; Charter Amendment 8-17-1976.)

§ 1-364. (Reserved)

(Sp. Laws 1945, No. 313, § 3; Sp. Laws 1947, No. 218, § 2.)

§ 1-365. (Reserved)

(Sp. Laws 1945, No. 313, § 4.)

§ 1-366. (Reserved)

(Sp. Laws 1947, No. 218, § 1.)

ARTICLE XII. Planning Commission

§ 1-367. Definitions for the purpose of this Article.

(Charter Amendment 11-3-1970; effective 1-1-1971.)
For the purpose of this act certain terms are defined as provided in this section. Wherever appropriate, the singular includes the plural and the plural includes the singular. The term "streets" includes streets, avenues, boulevards, roads, lanes, alleys, viaducts and other ways. The term "park" includes parks, parkways, parking spaces, waterfronts, squares, commons, grounds and other open spaces. "Subdivision" means the division of a tract or parcel of land into three or more parts or lots for the purpose, whether immediate or future, of sale or building development expressly excluding development for agricultural purposes, and includes resubdivision;[1] "resubdivision" means a change in a map of an approved or recorded subdivision or resubdivision if such change (a) affects any street layout shown on such map, (b) affects any area reserved thereon for public use, or (c) diminishes the size of any lot shown thereon, if any of the lots shown thereon have been conveyed after the approval or recording of such map. The term "Commission" means the Norwalk City Planning Commission.[2] The term "Council" means the Common Council of the City of Norwalk. The term "Master Plan" as used herein shall have the same meaning as the term "plan of development" as used in the Connecticut General Statutes. Official submission of matters to the Commission shall be deemed the date of any resolution or reference from the Council, or the postmarked date of envelopes containing submitted matters in the case of reference by any board, commission, individual or corporation.
[1]
Editor's Note: See Land Subdivision Regulations, Appendix, Part I.
[2]
Editor's Note: As of July 1974, it was the opinion of the Corporation Counsel that § 1-367 should be interpreted as referring to the Norwalk Planning and Zoning Commission rather than the Norwalk City Planning Commission. See Ch. 79, Planning and Zoning Commission.

§ 1-368. Creation, composition, powers and duties of Commission.

(Sp. Laws 1947, No. 214, § 2; Sp. Laws 1955, No. 400, § 1.)
There shall be in the City of Norwalk a City Planning Commission with the powers and duties hereinafter set forth. The Commission shall consist of the Mayor and the Commissioner of Public Works[2] or a member of the Department of Public Works designated by the Commissioner, both ex officio, and eight additional persons, with not more than four being registered members of any one political party. All of such members shall be electors of the City of Norwalk. Five concurring votes are required for the transaction of business. The Mayor and the Commissioner of Public Works, or a member of the Department of Public Works designated by the Commissioner, shall be nonvoting ex officio members, except in the case of a tie vote when the Mayor shall cast the deciding ballot. The membership shall be appointed by the Mayor with the approval of a majority of the Council. Upon expiration of the term of any such member, his successor shall be appointed for a term of four years. In the event of death, resignation or removal for cause of any of the members, the Mayor, with the approval of the majority of the Council, shall appoint, within 30 days, a member to fill the unexpired portion of the term. Members may, after a public hearing to be held not less than seven days or more than 14 days after legal notice of such hearing and due cause outlined in such notice, be removed by a majority vote of City Council, for inefficiency, neglect of duty or malfeasance in office. Three successive absences from meetings shall be deemed neglect of duty with no other proof required.
[1]
Editor's Note: As of July 1974, it was the opinion of the Corporation Counsel that § 1-368 had been superseded by §§ 79-2, Powers; 79-3, Composition and appointment; 79-4, Alternate members; and 79-5, Terms of office, of Ch. 79, Planning and Zoning Commission.
[2]
Editor's Note: See also § 1-363.

§ 1-368.1. Commission powers under statutory provisions.

(Added by Charter Amendment 11-3-1970; effective 1-1-1971.)
In addition to the powers and duties specifically granted and imposed upon the Planning Commission under the Charter of the City of Norwalk, the Commission shall have all of the powers and duties granted to and imposed on planning commissions under Chapter 126 of the Connecticut General Statutes, which are not inconsistent with the duties and powers set forth in said Charter.

§ 1-368.2. Consolidation of Planning and Zoning Commissions authorized.

(Added by Charter Amendment 11-3-1970; effective 1-1-1971.)
The Common Council may by ordinance designate either the Zoning Commission or the Planning Commission as the Planning and Zoning Commission for Norwalk, in the manner set forth in Section 8-4a of the Connecticut General Statutes, or may, after such a designation, reverse such designation in accordance with Section 8-4b of the Connecticut General Statutes.

§ 1-369. Chairman of Planning Commission; Custodian; meetings.

(Sp. Laws 1947, No. 214, § 3.)
The Commission shall elect its own Chairman and create other offices. The term of the Chairman shall be one year with eligibility for re-election. The Commission shall adopt rules for the transaction of business in conformity with the provisions of §§ 1-366 to 1-376, and shall keep a public record of its resolutions and transactions. The City Clerk shall be Custodian of the Commission's records. The Commission shall hold regular monthly meetings.

§ 1-370. Appointment of employees; expenditures; budget.

(Sp. Laws 1947, No. 214, § 4; Sp. Laws 1955, No. 400, § 2; Charter Amendment 8-17-1976.[1])
The Commission may appoint employees necessary for its work, subject to the same provisions of law as govern corresponding civil employees. No employee, whether hired for compensation or otherwise, shall directly or indirectly engage in the real estate business, as the same is defined in Section 1783c of the 1953 Supplement to the General Statutes, in the City of Norwalk. The Commission may contract with consultants for service. The expenditures of the Commission, exclusive of gifts of public benefit, shall be within the amounts appropriated. The Commission is to prepare a detailed budget each year to present on or before the first regular Council meeting in March to the City Council, for acceptance or amendment by a 2/3 vote of said Council. Such budget shall be given to the Comptroller for presentation to the Board of Estimate and Taxation in compliance with the provisions of the Charter of the City of Norwalk.
[1]
Editor's Note: Approved by the electorate at the general election held 11-2-1976.

§ 1-371. Master Plan for city development.

(Sp. Laws 1947, No. 214, § 5.)
It shall be the function and duty of the Commission to make and adopt a Master Plan for the physical development of the city. Such plan, with accompanying maps, charts and descriptive matter, shall show the Commission's recommendations for such development, including the general location, character and extent of streets, building lines, parks, aviation fields, other public grounds, public buildings and public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communications, power or other purposes; also rules and regulations to control the subdivision of land and the laying out of streets; also the relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing; also the approval or disapproval of the proposed names of new streets and to change the confusing names of existing streets.
[1]
Editor's Note: See Appendix, Part I, Land Subdivision Regulations, § 6.

§ 1-372. Adoption of plan.

(Sp. Laws 1947, No. 214, § 6.).
The Commission may adopt the plan as a whole by a single resolution or may, by successive resolutions, adopt successive parts or any amendment thereof or addition thereto. Before the adoption of the plan or any such part, amendment or addition, the Commission shall hold at least two public hearings thereon, notice of time and place of which shall be given by two publications in a newspaper of general circulation in the city, at least 10 and five days prior to such hearing. The resolution shall refer expressly to the maps and descriptive matter intended by the Commission to form the plan, and the action taken shall be recorded on the map, plan and descriptive matter by the identifying signatures of the Chairman and Secretary of the Commission. An attested copy of the plan or part thereof shall be certified to the Council. The resolution and certified copy of such plan or part shall then be adopted by a majority vote of the Council and signed by the Mayor in the manner provided in the Charter for the adoption of ordinances, in order that it shall have the legal status of the official plan, and thereupon shall be so designated on the city official map.

§ 1-373. Effect of adoption of Master Plan; approval of subdivisions required.

(Added by Charter Amendment 11-3-1970; effective 1-1-1971.)
A. 
Whenever the city has adopted the Master Plan or one or more major sections thereof, no street or park, other than those created by subdivision in accordance with Subparagraph B below, public building or structure or public utility whether publicly or privately owned, shall be constructed or authorized in the city or in such planned section and district until the location, character and extent thereof has been submitted to and approved by the Commission and the Council. In case of approval by the Commission, a majority of the Council is required for concurrence; in case of disapproval, the Commission shall communicate its reasons to the Council, which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership.
B. 
Whenever the city has adopted the Master Plan or one or more major sections thereof, no subdivision of land shall be made until a plan for such subdivision has been approved by the Commission. Any person, firm or corporation making any subdivision of land without the approval of the Commission shall be fined not more than $200 for each lot sold or offered for sale or so subdivided. All plans for subdivision shall, upon approval, be filed or recorded in the office of the Town Clerk, and any plan, not so filed or recorded in accordance with the Commission's regulations, shall become null and void. No such plan shall be recorded or filed by the Town Clerk until its approval has been endorsed thereon, and the filing or recording of a subdivision plan without such approval shall be void.

§ 1-374. Master Plan; failure to act.

(Sp. Laws 1947, No. 214, § 8.)
The failure of the Commission to act within 60 days from the date of official submission to the Commission shall be deemed approval, but the matter in question shall still require the action of the Council in the manner hereinbefore provided.

§ 1-375. Publishing report copies that pertain to Master Plan.

(Sp. Laws 1947, No. 214, § 9.)
The Commission shall have power to promote public interest in and understanding of the plan and may publish copies of any report and may employ other means of publicity. The Commission shall recommend to public officials programs for public improvements and the financing thereof. It shall be part of its duties to consult and advise with public officials and organizations and citizens with relation to the carrying out of the plan. The Commission shall have the right to accept and use gifts of public benefit for the exercise of its functions. All public officials shall, upon request, furnish the Commission, within a reasonable time, such available information as it may require in its work.

§ 1-376. Submissions to Planning Commission.

(Sp. Laws 1947, No. 214, § 10.)
No project, undertaking, contract or expenditure involving a total cost to the City of Norwalk of $10,000 or more, even though funds have been provided for by the Board of Estimate and Taxation, shall be made, commenced or contracted for until such project, undertaking or contract has been submitted to the Commission and considered by it with relation to the general plan and has been approved in accordance with the foregoing provisions of §§ 1-366 to 1-374. This section shall not apply to bond issues, notes, temporary or refunding loans or payments of the same or interest thereon, or to the regular annual departmental budgets.

§ 1-377. Appeals.

(Charter Amendment 11-3-1970, effective § 1-1-1971.)
Any person aggrieved by an official action of the Planning Commission may appeal therefrom within 15 days of such official action to the Court of Common Pleas for Fairfield County in accordance with the provisions of Section 8-28 of the Connecticut General Statutes.

§ 1-377.1. Saving clause.

(Charter Amendment 11-3-1970, effective 1-1-1971.)
All acts heretofore taken by the Planning Commission under the Charter of the City of Norwalk are expressly ratified, confirmed and approved.

ARTICLE XIII. Parking Department

[1]
Editor's Note: Former Article XIII, Parking Authority, was repealed 8-17-1976 by the Charter Amendment which established the Parking Department.

§ 1-378. In general.

(Charter Amendment 8-17-1976.[1])
In the place and stead of the Norwalk Parking Authority there is established a Parking Department for the City of Norwalk.
The Common Council shall establish by ordinance rules, regulations, policies and procedures which shall govern the operation of said Parking Department. Such ordinance may be amended from time to time by the Common Council as it may deem necessary for the proper operation of said Parking Department.
All of the property, equipment, leases and other assets of the Norwalk Parking Authority are hereby vested in the City of Norwalk and the City of Norwalk shall assume all obligations of the Norwalk Parking Authority at law or in equity.
The above provisions shall become effective on the first day of July, 1977.
[1]
Editor's Note: Approved by the electorate at the general election held 11-2-1976.

§ 1-379. through § 1-397. (Reserved)

[1]
Editor's Note: Former Article XIV, City Court, was deleted in its entirety, as the city court system was abolished by state statute.

ARTICLE XIV. (Reserved)

§ 1-398. through § 1-423. (Reserved)

ARTICLE XV. Streets, Sidewalks and Building Lines

[1]
Editor's Note: Refer also to Ch. 101, Streets and Sidewalks.

Part 1. General

§ 1-424. The city shall be the successor to rights, duties and privileges of town.

(Sp. Laws 1913, No. 352, § 112.)
The city shall, on and after the first Monday of October, 1913, be successor to the Town of Norwalk in all the rights, duties and privileges of towns under the general statutes in the matter of improvements of highways aided by the state. The Council shall succeed to all the duties imposed upon the Selectment of towns in relation to the improvement of such state-aided highways.

§ 1-425. State appropriations available for town.

(Sp. Laws 1913, No. 352, § 8.)
All the rights, duties, and privileges granted to towns under the general statutes in the matter of improvements of highways aided by the state, shall apply to said City of Norwalk, and city may take advantage of any state appropriation available for the improvement of town highways to the extent approved by the Board of Estimate and Taxation of said city, and the Council of the city shall succeed to all the duties imposed upon Selectment of towns in relation to the improvement of highways by state aid.

§ 1-426. Obstructions and encumbrances.

(Sp. Laws 1913, No. 352, § 123.)
All obstructions and encumbrances which shall be erected, placed, left, or continued, in or upon any highway, street, avenue, public park, sidewalk, gutter of said city, in violation of any ordinance of said city, may be removed at the expense of the person or persons responsible for such obstructions or encumbrances by the Mayor, or any member of the Council, or any officer to whom such duty may be assigned, and said Council shall liquidate and adjust the expense of such removal and may order the same to be paid by such person or persons to the Collector, to whom the Mayor shall issue a warrant authorizing him to collect the same. If such person shall neglect or refuse to pay the same it may be recovered in an action brought against him by the Corporation Counsel in the name of said city.
[1]
Editor's Note: See Ch. 101, Streets and Sidewalks, § 101-3.

§ 1-427. Ice and snow.

(Sp. Laws 1913, No. 352, § 124; Sp. Laws 1915, No. 367, § 8.)
The Council is hereby authorized to enact ordinances or by-laws to compel the occupants, persons in charge, or owners of land or buildings to remove snow and ice from the sidewalks in front of such land or buildings or, in case of ice, to sprinkle sand or other substance thereon, so that said sidewalk will be safe for public travel; also to compel the occupants of property abutting or adjoining any public sidewalk in which is constructed as a part thereof a manhole cover wholly or partly of iron or glass, to sprinkle sand thereon or otherwise make the same safe for public travel, at all seasons of the year when such sidewalk has become wet or frosted or otherwise dangerous to the traveling public; also to compel the owner or owners of any such land or buildings abutting any street or sidewalk maintaining a sidewalk constructed wholly or in part of iron or glass, or maintaining any hole therein having a cover, to repair the same whenever it has become dangerous to the traveling public; and said Council may, in any ordinance or by-law, provide, in lieu of the penalty provided by this act, for any violation of the ordinances or by-laws herein authorized a fine of not more than $50, for the use of said city, and may direct the Prosecuting Attorney of the Town Court of Norwalk, on complaint of the Mayor, the Chairman of the Committee on Streets and Sidewalks, or the Superintendent of Public Works of said city, to prosecute any person violating any such ordinance in the Town Court of Norwalk or any other Court of competent jurisdiction.
[1]
Editor's Note: See Ch. 101, Streets and Sidewalks, § 101-17.

§ 1-428. Public lighting.

(Sp. Laws 1957, No. 527.)
The Common Council of the City of Norwalk shall have and exercise general supervision over the public lighting of streets, highways, sidewalks and public grounds within the limits of the entire city. The schedule of public lighting hours and the kind, size and capacity of lamps to be used for supplying such public lighting in the First, Second, Third and Sixth Districts shall be arranged or contracted for, as may be required, by the District Commissioners of such several districts, subject to the approval of the Council. The cost of public lighting shall be met by taxes levied upon the inhabitants and property within the limits of the Fifth Taxing District in the following manner: the inhabitants and property within the limits of the First Taxing District shall be taxed for and such First Taxing District shall pay the cost of the public lighting within such First District; the inhabitants and property within the limits of the Second Taxing District shall be taxed for and such Second Taxing District shall pay the cost of the public lighting within such Second Taxing District; the inhabitants within the limits of the Third Taxing District shall be taxed for and such Third Taxing District shall pay the cost of the public lighting within such Third Taxing District, and the inhabitants within the limits of the Sixth Taxing District shall be taxed for and such Sixth Taxing District shall pay the cost of the public lighting within such Sixth Taxing District. In the event that the First Taxing District or Sixth Taxing District shall, at any time, neglect or fail to light the streets, highways, sidewalks and public grounds within the limits of such respective districts, the Council shall arrange and contract for the lighting thereof, and the expense of such lighting shall be borne by the district within which the Council shall furnish such public lighting and shall be paid for by taxes levied for such purpose on the inhabitants and property within the limits of such district. The inhabitants and property outside the limits of the First Taxing District, the Second Taxing District, the Third Taxing District and the Sixth Taxing District shall pay the cost of the public lighting outside said taxing districts.
[1]
Editor's Note: See Ch. 86, Public Lighting, supra.

§ 1-429. West Avenue.

(Sp. Laws 1933, No. 414, § 1.)
West Avenue in the City of Norwalk from Wall Street to North Main Street is included in the trunk-line system of highways.

§ 1-430. Abandonment of West Avenue.

(Sp. Laws 1933, No. 414, § 2.)
The Highway Commissioner is authorized to abandon, on written notice to the Mayor of Norwalk, either before or after construction or reconstruction, the above-described section of highway when and if he shall substitute another section of highway for relief or as a cut-off for the same.

§ 1-431. West Avenue; reversion to city.

(Sp. Laws 1933, No. 414, § 3.)
The section of highway described in § 1-429 shall, when abandoned by the Highway Commissioner, revert to the City of Norwalk.

§ 1-432. Glover Avenue.

(Sp. Laws 1955, No. 402.)
Glover Avenue from Route 7 to Oakwood Avenue and Oakwood Avenue from Glover Avenue to the Wilton town line, in the Town of Norwalk, shall be included in the trunk-line system of highways.

§ 1-433. Washington Street Bridge.

(Sp. Laws 1949, No. 249.)
Washington Street Bridge in the City of Norwalk and its approaches to the intersection with Water Street and its intersection with Liberty Square shall be in the system of state highways.
[1]
Editor's Note: See § 1-7 for Sp. Law 1913, No. 352.

§ 1-434. Cross Street.

(Sp. Laws 1957, No. 419, § 1.)
The Highway Commissioner is directed to relocate and construct that part of Cross Street in the City of Norwalk from Hoyt Street to Belden Avenue in accordance with a general plan developed by the City of Norwalk and approved by the Highway Commissioner.

§ 1-435. Cross Street; acquiring rights-of-way; cost of constructing bridges and approaches.

(Sp. Laws 1957, No. 419, § 2.)
The City of Norwalk shall acquire all rights-of-way required for the purposes of § 1-434, at its own expense. The cost of the construction of the bridge over the Norwalk River shall be paid from the flood fund and the cost of the construction of the approaches from the highway fund.

§ 1-436. Cross Street; responsibilities.

(Sp. Laws 1957, No. 419, § 3.)
The City of Norwalk shall be responsible for the maintenance of said part of Cross Street subsequent to the relocation and construction provided in § 1-434, and the Highway Commissioner shall have no obligation or liability therefor.

§ 1-437. Yankee Doodle Bridge.

(Sp. Laws 1957, No. 503.)
The highway bridge of the Connecticut Turnpike to be built across the Norwalk River in Norwalk is named the "Yankee Doodle Bridge."

Part 2. Laying Out, Altering, Extending or Discontinuing

[1]
Editor's Note: See Ch. 101, Streets and Sidewalks.

§ 1-438. General powers of Council.

(Sp. Laws 1913, No. 352, § 113.
It shall be the duty of the city to make and keep in repair all town and city public buildings, streets, and roads within said city, and the Council of said city shall have the power necessary to carry out the provisions of this section and shall have authority over all streets and highways and parts of the same within said city, and shall have power to lay out, open, make, repair, grade, drain, alter, and discontinue all highways and streets within the limits of said city.

§ 1-439. Notice of proposal; hearing parties in interest; appointment of Committee; notice of hearing of objections; acceptance of report of Committee; survey; appraisal of damage or benefits; recording and notice of assessments; payment or tender of damages; collection of assessments.

(Sp. Laws 1913, No. 352, § 114; Sp. Laws 1915, No. 367, § 7.)
Before the Council shall determine to lay out, alter, extend, enlarge, change, or discontinue any highway, street, avenue, or public walk, or grade thereof, or designate any building line[1] in said city, it shall cause a notice, signed by the Mayor or Clerk of said city, describing in general terms such proposed action and specifying a time when and place where all persons whose land is proposed to be taken therefor, or which may be affected thereby, may appear and be heard in relation thereto, to be published not less than twice in a newspaper published in said city, at least five days before the time fixed in such notice for such hearing, and such publication shall be legal and sufficient notice to persons and corporations whose land it is proposed to take for such layout or alteration, or over which said line is proposed to be established. At the time and place mentioned in said notice, and at any meeting adjourned therefrom, said Council, either by itself or by a Committee appointed by it, shall hear all parties in interest who may appear and desire to be heard in relation thereto. If, after such hearing, said Council shall determine that public convenience and necessity require the layout, alteration, extension, enlargement, or discontinuance of such highway, street, avenue, or wall, or grade thereof, or the designation of such building line, is shall appoint a Committee, whose duty it shall be to make such layout or alteration, or designate such building line, and report the same to said Council, which report shall embody a descriptive survey of such highway, avenue, street, walk, grade, line, or lines, and an estimate and appraisal of benefits or damages, as the case may be, resulting or accruing to any person or persons from the taking of such land for public use as aforesaid, or from such layout, alteration, extension, enlargement, change, discontinuance, or grade, or such designation of such line or lines. The Council shall thereupon give at least 10 days' notice to every person interested by reason of his land being taken or benefited by the proposed improvement, by publishing the same in a newspaper published in said city, stating therein the time when and place where said Council will hear objections to such layout, alteration, designation, survey, estimate, or appraisal and at the time and place specified in such notice said Council shall hear all parties interested in relation to the acceptance of such report of its Committee, wholly or in part, and in regard to any modification thereof. Said Council, having heard all the parties who may appear, may accept such report or return the same to its said Committee for revision; or said Council may, itself, revise, modify, or change such layout, alteration, designation, survey, estimate, or appraisal, and recast and revise such report. After such Council has determined upon a descriptive survey of such highway, avenue, street, walk, or grade, or building line or lines, and upon the assessment of benefits or appraisal of damages, as the case may be, resulting or accruing to any person or persons from the taking of such land for public use as aforesaid, or from such layout, alteration, extension, enlargement, discontinuance, or grade, or such designation of such line or lines, the Clerk of the city shall record the same and cause a notice, signed by the Mayor or Clerk of said city, stating the names of the persons so assessed, with the amount of their respective assessments, to be published not less than three times in a newspaper published in said city. The Council shall order the damages so appraised to be paid to the person to whom they are appraised or their authorized agents from the City Treasury within 60 days thereafter, and in case any person shall neglect or refuse to receive the same it shall be retained in the City Treasury subject to his order, provided the whole amount of the benefits assessed for any particular layout, alteration, extension, enlargement, discontinuance, or designation shall not exceed the whole amount of damages appraised on account of said layout, alteration, extension, enlargement, discontinuance, or designation, with the estimated cost of making said improvements. After the payment or tender of the damages, as hereinbefore provided, the city shall proceed with said improvement, and upon completion thereof, and certification of such completion by the City Engineer[2] to the Mayor, said assessments shall forthwith become due and payable to said city, and the Mayor shall issue his warrant to the Tax Collector for the collection thereof, and any assessment which shall not be paid within 60 days thereafter shall be a lien upon the land or other property against which said assessment was made, and said lien shall be continued and may be foreclosed as provided in § 1-266 hereof.
[1]
Editor's Note: As to building lines in the Fourth Taxing District, see § 1-15, supra.
[2]
Editor's Note: See § 1-363.

§ 1-440. Assessment appeals.

(Sp. Laws 1913, No. 352, § 115.)
Any person aggrieved by an assessment of benefits or appraisal of damages made by said Council under the provisions of the foregoing section may, within 30 days after notice given to him of such assessment or appraisal, appeal from such assessment or appraisal to any Judge of the Superior Court, by written petition with a citation attached, returnable in not less than six nor more than 20 days after its date, which shall be served at least six days before the return day upon the Clerk of the city; and any number of persons affected by any such assessment or appraisal may join in such appeal. Such Judge may, by a Committee or otherwise, reassess said benefits or damages and correct any errors in the report or schedule of such assessment and award costs. Such Judge shall return all papers connected with the case to the Clerk of the Superior Court for Fairfield County, and said Clerk shall issue execution for the amount of damages or benefits fixed by such reassessment and for costs, to be taxed upon civil process, and shall cause copies of the papers connected with the case to be delivered to the Clerk of said city.

§ 1-441. Fourth Taxing District; paving streets.

(Sp. Laws 1913, No. 352, § 116.)
The Council shall have power, whenever specific appropriations are made therefor, to pave any street or highway in the Fourth Taxing District of said city at the expense of said district, or may assess not to exceed 1/4 of such expense of paving each of said streets, except the intersections thereof with other streets or parts of streets so paved, upon the persons whose property abuts upon such street or part of street upon one side thereof, and 1/4 of such expense upon the persons whose property abuts upon such street or part of street upon the other side thereof, in such amounts as shall, in the judgment of said Council, be proportionate to the benefits accruing to said property from said work, and said Council shall estimate and assess, in the manner herein provided, the particular amount of such expense to be paid by every person, designating the land belonging to each person assessed which will be so benefited. Before said Council shall undertake any such improvement to be followed by an assessment of benefits it shall give notice to all persons in interest, as provided in § 1-439, in cases of layouts or highways, of a hearing as to the public necessity of such proposed improvement, and at such hearing shall submit an estimate of the cost of such work. If after such hearing the Council shall determine to proceed with the contemplated work and to make thereon assessment of benefits and damages such assessment shall be made in the manner provided in § 1-439, so far as the same shall apply. All persons aggrieved by the assessment so made by the Council shall have the right to appeal in the manner provided by § 1-440, provided no property assessed under this section shall be again assessed for a similar purpose for a period of 10 years from the date of the first assessment.
[1]
Editor's Note: For Fourth Taxing District see Art. II.

§ 1-442. Fourth Taxing District; designation of courses, width, height and level of sidewalks and gutters.

(Sp. Laws 1913, No. 352, § 126.)
The Council shall have power, as public necessity and convenience may require, to designate the course, width, height, and level of all sidewalks and gutters in and upon the streets and highways of the Fourth Taxing District of said city, and may, at the expense of said city, lay out, construct, raise, flag, or make in a suitable manner any crosswalk in the Fourth Taxing District of said city. Said Council may order the owner or owners of the lands and buildings fronting on sidewalks to repair or make such sidewalks on their several frontages according to the course, width, height, and level designated as aforesaid, to flag, concrete, or pave the same in such manner as said Council shall direct, and to provide such safeguards thereon as public safety shall require, and may limit such time as may be deemed reasonable for the carrying out of any such order, notice of which shall be given by leaving a true and attested copy of such order personally with or at the place of abode of such owner within five days after the passage of same; and if such owner be a nonresident of said city, a true and attested copy of said order deposited in the post office in said city, postage paid, addressed to him at his place of residence, if the same be known, and a like true and attested copy left with his agent [the] or the person having charge of such property or occupying the same shall be a legal notice to such owner. A statement of said width height, courses, and levels, certified to by the City Engineer,[1] shall be kept on file in the office of the Clerk, and whenever any sidewalk has been laid by order of the Council, in accordance with the grade established and recorded as prescribed and it is deemed necessary by said Council at any time within 10 years thereafter, to alter said grade or relay said sidewalk, such alteration or relaying shall be done at the expense of the city, provided, where such an alteration, change of grade, or relaying of any sidewalk is made necessary by the alterations of any street line, the expense thereof shall be borne by said city, and provided the provisions of this section shall extend and apply to sidewalks already made, paved, concreted, and flagged in accordance with the orders of the Council.
[1]
Editor's Note: See § 1-363.

§ 1-443. Repairing sidewalks.

(Sp. Laws 1913, No. 352, § 127.)
If the owner of any land shall neglect to repair any sidewalk along his frontage in the manner and time said Council directs said Council may employ any person to do the same, and the expense thereof shall be paid by the owner. The Mayor may issue a warrant authorizing the Tax Collector to collect such sum.

§ 1-444. Power of Commissioner of Public Works as to sidewalks, curbs and gutters.

(Sp. Laws 1945, No. 216, § 1.)
The Commissioner of Public Works in the City of Norwalk may, from time to time, order and require the owner or owners of land fronting on any street or highway in said city, at the expense of such owner or owners, to make, construct and lay sidewalks, curbs, and gutters in such dimensions and material and at such grade or grades as said Commissioner shall designate and order, and to repair, reconstruct or relay the same; and to seed or sod with grass or otherwise fill the space between the walks and the curb line or the property line on any street or highway and to keep the growing grass in such space trimmed and cut. Said Commissioner may limit the time for carrying out any order made by him, and notice of any such order shall be given by mailing from the post office at Norwalk or South Norwalk a copy of such order to the last-known usual place of abode of the owner or owners of the property affected thereby, or to the agent or person having charge of or occupying the premises, or by leaving a copy of the order with the owner or owner's agent or person having charge of or occupying the premises. If any owner or owner's agent fails to comply with the order within the time specified or limited therein, said Commissioner may execute such order according to the specifications set forth therein, at the initial expense of the city, and then assess the cost of executing such order against such owner and against the property upon which or adjoining which such sidewalk, curb or gutter was laid, relaid, constructed, reconstructed or repaired. Such cost, with interest at the rate of 6% per annum, from the publication of the notice of assessment by said Commissioner as hereinafter set forth, shall be a debt of the owner or owners of such property and shall be and remain a lien upon such property until full payment, plus interest and lien fees as in the case of tax liens, has been received by said city. Notice of such debt and assessment shall be given as follows: within 30 days after the work is completed, said Commissioner shall cause to be published in a newspaper having a circulation in said city a notice giving the names of the owner or owners of the property, as appears from the land records of the city, the street on which the property is located, and the amount of the assessment laid by him. Thereafter and within 30 days after such publication, said Commissioner shall notify the Mayor that such work has been completed and of the amounts of such assessments and the names of those from whom such assessments are due and the properties against which the assessments have been laid and the Mayor shall thereupon issue his warrant to the Tax Collector for the collection thereof. Any assessment which shall not be paid within 60 days after such publication by said Commissioner shall be a lien from the date of such publication upon the land or other property against which such assessment was made and such lien shall be continued and may be foreclosed in the manner provided by law for the collection of tax liens, provided a certificate thereof setting forth the name or names of the owner or owners of the property, a description of the property on which the lien exists, the amount claimed, the date of publication of such notice and the nature of the work for which such lien is claimed, signed by the Tax Collector, shall be lodged with the Town Clerk within three months after such notice of such assessment was published in the newspaper by said Commissioner.
[1]
Editor's Note: For Commissioner of Public Works, see § 1-363.

§ 1-445. Work by city and apportioning assessment costs.

(Sp. Laws 1945, No. 216, § 2.)
In lieu of ordering or requiring the owner or owners of land fronting on any street or highway to make, lay, construct, repair, relay or reconstruct sidewalks, curbs or gutters as hereinbefore set forth, said Commissioner may, after public hearing, notice of which shall be published in a newspaper having a circulation in said city at least 10 days prior to said hearing, make, construct, lay, repair, reconstruct or relay sidewalks, curbs and gutters, or any of them and apportion the cost thereof as determined by him and assess the same against the owner or owners of the property upon which or adjoining which such sidewalks, curb or gutter was laid, relaid, constructed, reconstructed or repaired. Such cost, with interest at the rate of 6% per annum, from the date of the publication of the notice of assessment by said Commissioner as hereinafter set forth, shall be a debt of the owner or owners of such property and shall be and remain a lien upon such property until full payment, plus interest and lien fees as in the case of tax liens, has been received by said city. Notice of such debt and assessment shall be given as follows: within 30 days after the work is completed, said Commissioner shall cause to be published in a newspaper having a circulation in said city a notice giving the name or names of the owner or owners of the property as appears from the land records of the city the street on which the property is located and the amount of the assessment laid by him. Thereafter and within 30 days after such publication, the Commissioner shall notify the Mayor that such work has been completed and the amounts of such assessments and the names of those from whom such assessments are due and the properties against which the assessments have been laid, and the Mayor shall thereupon issue his warrant to the Tax Collector for the collection thereof. Any assessment which has not been paid within 60 days after such publication of such notice by said Commissioner shall be a lien from the date of such publication upon the land or other property against which such assessment was laid and such lien shall be continued and may be foreclosed in the manner provided by law for the collection of tax liens, provided a certificate thereof setting forth the name or names of the owner or owners of the property, a description of the property on which the lien exists, the amount claimed, the date of the publication of such notice and the nature of the work for which such lien is claimed, signed by the Tax Collector, shall be lodged with the Town Clerk within three months after such notice of such assessment was published in the newspaper by said Commissioner.

§ 1-446. Appeal from assessment.

(Sp. Laws 1945, No. 216, § 3.)
Any person aggrieved by any assessment made by said Commissioner under the provisions of the foregoing sections, may, within 30 days after the publication of the notice of assessment, appeal from such assessment to any Judge of the Superior Court or the Court of Common Pleas by a written petition with citation attached, returnable in not less than six nor more than 20 days after its date, which shall be served at least six days before the return day upon the Clerk of the City of Norwalk; and any number of persons affected by any such assessment may join in such appeal. Such Judge may, by a Committee or otherwise, review such assessment and correct any error or errors therein and award costs.

§ 1-447. Validation of liens.

(Sp. Laws 1945, No. 216, § 4.)
Any and all liens securing assessments for sidewalks, curbs and gutters and for sewers heretofore filed, for and on behalf of the City of Norwalk, and which have been signed by the Tax Collector instead of the Mayor or City Clerk are and shall be valid to the same extent and in the same manner as if such liens had been originally signed by the Mayor or Clerk.

§ 1-448. Repeal of inconsistent ordinances.

(Sp. Laws 1945, No. 216, § 5.)
Any provision of any special act relating to the City of Norwalk and an ordinance or resolution of the Common Council of said city inconsistent with the terms of §§ 1-444 to 1-448, are repealed.

§ 1-449. Establishment or alteration of lines, grades, width and height; general.

(Sp. Laws 1945, No. 263, § 1.)
The Common Council of the City of Norwalk, upon recommendation of the Commissioner of Public Works of said city, may establish or alter and reestablish curblines and grades of any street or highway, and the course, width and height of curbs and gutters, in said town, upon the City Clerk's giving notice of such proposed action by advertisement thereof not less than five days in advance of such action.

§ 1-450. Repeal of inconsistent acts and ordinances repealed.

(Sp. Laws 1945, No. 263, § 2.)
Any provision of any special act relating to the City of Norwalk or of any ordinance or resolution of the Common Council inconsistent with the terms of §§ 1-449 to 1-450 is repealed.

Part 3. (Reserved)

[1]
Editor's Note: Former Part 3, Sprinkling, which was comprised of §§ 1-451 through 1-456, Sp. Laws 1913, No. 352 §§ 117 through 122, was repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

§ 1-451. through § 1-456. (Reserved)

ARTICLE XVI. Sewers and Sewerage Disposal

[1]
Editor's Note: See also, Charter, § 1-12; Ch. 94, Sewers and Sewage Disposal; Appendix, Part III, Sewer Assessments.

Part 1. General

§ 1-457. Authority to lay out, construct, maintain and repair; assessment of damages or benefits.

(Sp. Laws 1913, No. 352, § 137.)
The Council is hereby authorized to lay out, construct, maintain, and repair sewers and drains through and along streets and highways and through public and private grounds in said city, and in all such cases, except where sewers or drains are laid through private grounds, to assess the expense thereof, or such part thereof as said Council may deem reasonable, upon the property abutting upon the streets and highways through which such sewers or drains are laid and which may be benefited thereby, and in proportion to the benefits by such property received therefrom, subject to the same notice, manner of assessment, and appeal therefrom as is provided in §§ 1-439 and 1-440, concerning highways. Whenever said Council shall propose a layout, or cause to be laid out, a drain or sewer in said city, wholly or in part through or across private lands, it shall proceed in the manner provided in § 1-439 in case of layout of highways, both as to the layout of such sewer or drain and the assessment of damages and benefits resulting therefrom. Any person aggrieved by any estimate of damages or benefits made under the provisions of this section may appeal to any Judge of the Superior Court as provided in § 1-440 of this act.

§ 1-458. Sewer connections.

(Sp. Laws 1913, No. 352, § 138.)
The Council is authorized, whenever in its opinion the public health of said city shall require, to compel the owners of property abutting on any street or highway wherein a public sewer is laid to connect any and all buildings on such property with such public sewer, and when any order is made by said Council requiring such owner to connect his building or buildings with such sewer, the Clerk of said city, if the owner is a resident of said city, shall make service of said order upon such owner by leaving with him or at his usual place of abode a true copy thereof, but if such owner is not a resident of said city service of said order shall be made upon him by said Clerk by leaving a true copy thereof with the agent of said owner or the person in charge of said premises; and in case such owner shall neglect or refuse to connect his said building or buildings with such sewer within the time limited therefor by said order he shall be fined $100.
[1]
Editor's Note: For exclusion of certain territory refer to § 1-17.

Part 2. (Reserved)

[1]
Editor's Note: A Charter Amendment, adopted 9-2-1980 and approved by the electorate at the general election held 11-4-1980, repealed former Part 2, Bonds, which was comprised of the following sections: §§ 1-459 through 1-466, Sp. Laws 1929, No. 219, §§ 1 to 8; § 1-467, Sp. Laws 1931, No. 366; §§ 1-468 through 1-471, Sp. Laws 1931, No. 23, §§ 1 to 4; § 1-472, Sp. Laws 1931, No. 539; §§ 1-473 through 1-478, Sp. Laws 1947, No. 524, §§ 1 to 6; §§ 1-479 through 1-483, Sp. Laws 1949, No. 178, §§ 1 to 5. These sections will be maintained for record purposes in a separate book entitled "Bond issues of the City of Norwalk, the First, the Second, the Third and the Sixth Taxing Districts." Copies of such compilation shall be kept in the offices of the City Clerk and Town Clerk and in the Finance Department.

§ 1-459. through § 1-483. (Reserved)

ARTICLE XVII. Parks and Recreation

[1]
Editor's Note: See also, Ch. 74, Parks and Recreation; Appendix, Part IV, Veteran's Memorial Park.

Part 1. General

§ 1-484. Authorization to establish park at or near Calf Pasture Beach.

(Sp. Laws 1917, No. 423, § 1.)
The City of Norwalk is authorized to establish and create a public park on the east side of Norwalk Harbor at and near Calf Pasture Beach; bounded northerly about 2,130' by the land of estates of J. Raymond Marvin and William E. Marvin and a public highway running in a general easterly and westerly direction, and easterly and southeasterly, southerly and westerly by the waters of Long Island Sound and Norwalk Harbor.

§ 1-485. Calf Pasture Beach; rights of state.

(Sp. Laws 1917, No. 423, § 2.)
The State of Connecticut grants to the City of Norwalk and its successors, all right, title and interest which the state has or may have in and to the beaches, sedge flats and marshlands located within the above boundaries for the aforesaid public park purposes in perpetuity, and said city is authorized to build and maintain a sea wall or walls, a boat landing or landings or dock or docks between high and low water mark in front of and adjoining the above described tract and to fill in and grade the space within the walls as it may deem expedient; and the spaces so filled in as aforesaid are granted to said city and its successors for such park purposes, provided the sea walls and boat landings and docks authorized shall be so constructed as not to interfere with or impair navigation.

§ 1-486. Calf Pasture Beach; eminent domain.

(Sp. Laws 1917, No. 423, § 3.)
Such park and the establishment thereof is declared to be of public convenience and necessity. In case the City of Norwalk cannot agree with any or all of the claimants, possessors or owners of land within the limits of the layout of the park, it may take such interest in the land required for such park as the claimants to the same, the possessors or owners may have in the manner provided by Sections 4109 and 4110 of the General Statutes, as amended by Chapter 311 of the Public Acts of 1915, for the taking of land for a town house or hall.

§ 1-487. Calf Pasture Beach; compensation.

(Sp. Laws 1917, No. 423, § 4.)
The city may take the land within the above described boundaries for park purposes upon paying to the owners, possessors or claimants thereof just compensation for their lawful interest therein.

§ 1-488. Calf Pasture Beach; Commencement and condemnation.

(Sp. Laws 1917, No. 423, § 5; Sp. Laws 1921, No. 131.)
No land or interest therein above high water mark shall be taken under §§ 1-484 to 1-488, without the consent of the owner, claimant or possessor thereof, unless condemnation proceedings are commenced by virtue of this act on or before June 1, 1923.

Part 2. (Reserved)

[1]
Editor's Note: A Charter Amendment, adopted 9-2-1980 and approved by the electorate at the general election held 11-4-1980, repealed former Part 2, Bonds, which was comprised of the following sections: §§ 1-489 through 1-493, Sp. Laws 1941, No. 36, §§ 1 to 5; §§ 1-494 through 1-499, Sp. Laws 1949, No. 205, §§ 1 to 6; §§ 1-500 through 1-506, Sp. Laws 1947, No. 342, §§ 1 through 6, and Sp. Laws 1953, No. 278, §§ 1 and 2. These sections will be maintained for record purposes in a separate book entitled "Bond Issues of the City of Norwalk, the First, the Second, the Third and the Sixth Taxing Districts." Copies of such compilation shall be kept in the offices of the City Clerk and Town Clerk and in the Finance Department.

§ 1-489. through § 1-506. (Reserved)

ARTICLE XVIII. Schools

[1]
Editor's Note: See also Part 2, Board of Education, §§ 1-516 through 1-520.

Part 1. General

§ 1-507. through § 1-509. (Reserved)

[1]
Editor's Note: Former §§ 1-507, Control of School Committee, 1-508, Term of School Committee, and 1-509, Retention of positions, Sp. Laws 1913, No. 352, §§ 162 through 164, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

§ 1-508. School districts.

(Sp. Laws 1913, No. 352, § 165.)
The territorial limits of said city as herein described shall be one school district, but the Board of Education may divide the same into subdistricts for the purpose of control of attendance of pupils of certain schools.

§ 1-509. through § 1-515. (Reserved)

[1]
Editor's Note: Former §§ 1-511, Expansion of technical and vocational training, 1-512, Appropriation for expansion of technical and vocational training, and 1-513 Appropriations not subject to certain statutory limitations, Sp. Laws of 1943, No. 478, §§ 1 to 3, and §§ 1-514, Transfer to city of funds of South Norwalk Union School District, and 1-515, Transfer to city of funds of South Norwalk and Brookside School Districts, Sp. Laws 1937, No. 39, §§ 1 and 2, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

Part 2. Board of Education

§ 1-516. Creation and composition of Board of Education.

(Sp. Laws 1913, No. 352, § 166; Sp. Laws 1915, No. 198, § 1; Sp. Laws 1921, No. 189, § 6; Sp. Laws 1929, No. 103; Sp. Laws 1967, No. 197, § 7; Charter Amendment 11-3-1970, effective 7-1-1971; Charter Amendment 9-12-2000.[1])
There shall be in said city a Department of Education which shall be under the control of nine members, who shall be electors of the City of Norwalk, and shall be known as the Board of Education. Its members shall be elected as hereinbefore provided.[2] Said Board shall hold a regular meeting each month. The Mayor of said city shall be, ex officio, Chairman of said Board of Education and shall preside at all meetings of said Board. He shall have no vote in any meeting of said Board except in case of a tie vote among the regular members of said Board. Said Board shall, at its first meeting and annually thereafter, elect from its number a Chairman pro tempore, who shall preside at all meetings of said Board in the absence of the Mayor. It shall also elect from its number a Secretary, who shall keep a record of all votes, acts and transactions of said Board and shall perform all duties imposed by said Board or by law. Said Board shall appoint a Superintendent of Schools and such number of assistants, principals, teachers, nurses and janitors as it may deem necessary and prescribe their respective terms of office and duties. Said Board shall, so far as practicable, on or before the first day of March of each year, make such appointments before any appropriation has been made to cover the salaries of the persons appointed, and § 1-213 of said act of consolidation shall not apply to such obligations. Should a vacancy occur in the membership of said Board, the vacancy shall be filled by the town committee of the political party to which the Board of Education member whose office has become vacant had been a registered member at the time of his election. If the vacancy occurs during the first 16 months of any four-year term of office, the person so chosen shall serve until the next municipal election following the person’s appointment. At said municipal election, such vacancy shall be filled by election in accordance with the general statutes, and the member so elected shall serve for the final two years of the term. If the vacancy occurs after the first 16 months of any four-year term of office, the person so chosen shall serve until the completion of said four-year term. The Council of said city shall not have the power to fill any vacancy in said Board of Education.
[1]
Editor's Note: Approved by the electorate at the general election held 11-7-2000.
[2]
Editor's Note: For election of Board of Education members refer to § 1-167.

§ 1-517. Duties of Board.

(Sp. Laws 1931, No. 315, § 1.)
The Board of Education of the City of Norwalk shall have charge and direction of the public schools in said city and of the expenditure of moneys appropriated for the support of the same.[1] This authority shall not include erection of new schools or additions to the present buildings. Said Board shall keep all the school buildings and apparatus used therein in good condition and repair, and shall have the powers and be subject to the general duties and limitations of Boards of Education. School Committees and school visitors in this state, so far as the same are consistent with the provisions of §§ 1-517 to 1-519. It shall make its by-laws, define the duties of its officers and committee and prescribe rules and regulations for discipline in said public schools.
[1]
Editor's Note: See also § 1-248, for purchase of commodities by Comptroller.

§ 1-518. Submission of amount required for salaries; included in budget submitted; appropriation.

(Sp. Laws 1931, No. 315, § 2; Sp. Laws 1933, No. 174; Sp. Laws 1967, No. 197, § 8; Sp. Laws 1969, No. 264, § 3; Charter Amendment 8-17-1976;[1] Charter Amendment 8-29-1978.[2])
Said Board of Education shall submit to a special meeting of the Board of Estimate and Taxation, which shall be held on the third Monday of December in each year, an estimate of the amount required for salaries of the Superintendent of Schools and the assistants, principals, teachers, nurses, clerks, janitors and secretary, and the Board of Estimate and Taxation shall consider such estimate, and, on or before the fifteenth day of March next following, shall determine the total amount it will appropriate for such salaries at its annual sessions in March and April.[3] If the Board of Education, in any year, by a majority vote, shall consent, such determination of the amount to be appropriated for salary purposes for the next year may be deferred until a date not later than the first Monday of April in such year. If the amount to be appropriated for such salaries has been determined upon, it shall be included by the Board of Education in the budget required to be submitted to the Treasurer of the city annually, but, if such amount has not been determined when such budget shall be submitted, the amount of the estimate submitted to the Board of Estimate and Taxation shall be included in such budget. The amount determined upon by the Board of Estimate and Taxation shall be appropriated by it for school salary purposes at its regular meeting in April.[4]
[1]
Editor's Note: Approved by the electorate at the general election held 11-2-1976.
[2]
Editor's Note: Approved by the electorate at the general election held 11-7-1978.
[3]
Editor's Note: This date was corrected by resolution of the Common Council 3-8-1977.
[4]
Editor's Note: See also, Art. VI, § 1-289, for appropriations in general.

§ 1-519. Salaries.

(Sp. Laws 1931, No. 315, § 3.)
The salaries of all persons appointed by the Board of Education under the provisions of an act concerning the Board of Education of the City of Norwalk, approved April 18, 1929, shall be as fixed by said Board, but the aggregate amount of such salaries, together with the salaries of persons thereafter appointed, shall not exceed the amount determined by the Board of Estimate and Taxation under § 1-518, unless an additional amount shall be appropriated for that purpose.

§ 1-520. Board reports.

(Sp. Laws 1913, No. 352, § 168; Sp. Laws 1921, No. 189, § 5.)
Said Board . . . . . . shall at the end of each fiscal year, transmit to the Mayor a full report of its proceedings during said year, with a statement showing the total amount of money received and expended for the support of said schools, and, at least once in each month, shall transmit to the Mayor a detailed statement of expenses incurred during the preceding month, and said expenses shall be paid in the same manner as other expenses of said city.

Part 3. Bonds and Notes

§ 1-521. through § 1-613. (Reserved)

[1]
Editor's Note: A Charter Amendment, adopted 9-2-1980 and approved by the electorate at the general election held 11-4-1980, repealed the following sections relating to terminated bond issues: §§ 1-521 through 1-525 (Sp. Laws 1923, No. 137, §§ 1 to 5); 1-526 through 1-530 (Sp. Laws 1925, No. 451, §§ 1 to 5); 1-531 through 1-535 (Sp. Laws 1927, No. 97, §§ 1 to 5); 1-536 through 1-539 (Sp. Laws 1929, No. 192, §§ 1 to 4); 1-540 through 1-543 (Sp. Laws 1929, No. 215, §§ 1 to 4); 1-544 through 1-551 (Sp. Laws 1935, No. 359, §§ 1 to 8); 1-552 through 1-558 (Sp. Laws 1937, No. 74, §§ 1 to 7); 1-559 through 1-565 (Sp. Laws 1939, No. 19, §§ 1 to 7); 1-566 through 1-570 (Sp. Laws 1943, No. 206, §§ 1 to 5); 1-571 through 1-575 (Sp. Laws 1945, No. 165, §§ 1 to 5); 1-576 through 1-581 (Sp. Laws 1947, No. 347, §§ 1 to 6); 1-582 through 1-587 (Sp. Laws 1947, No. 370, §§ 1 to 6); 1-588 through 1-593 (Sp. Laws 1949, No. 206, §§ 1 to 6; Sp. Laws 1951, No. 161, §§ 1 and 2); 1-594 through 1-599, (Sp. Laws 1949, No. 306, §§ 1 to 6); 1-600 through 1-603 (Sp. Laws 1951, No. 536, §§ 1 to 4); 1-604 through 1-608 (Sp. Laws 1953, No. 299, §§ 1 to 5); 1-609 through 1-613 (Sp. Laws 1957, No. 665, §§ 1 to 5). These sections shall be maintained for record purposes in a separate book entitled "Bond Issues of the City of Norwalk, the First, the Second, the Third and the Sixth Taxing Districts." Copies of such compilation shall be kept in the offices of the City Clerk and Town Clerk and in the Finance Department.

§ 1-614. Bond issue of 1957; minimum fee for students attending technical institute.

(Sp. Laws 1957, No. 665, §§ 6, 7.)
The minimum fee chargeable to each full-time student attending any post secondary state technical institute shall be $100 per annum.
This Section six shall take effect July 1, 1959.

ARTICLE XIX. Library Appropriations

§ 1-615. Special meeting of electors.

(Sp. Laws 1925, No. 18.)
A special meeting of the electors of the First, Second, Third, and Sixth Taxing Districts, respectively, of the City of Norwalk shall be held at least 30 days prior to the first regular meeting, in each year, of the Board of Estimate and Taxation of said city, for the purpose of making in each district an appropriation for the ensuing fiscal year for the library maintained within the particular district. The Board of Estimate and Taxation shall annually lay a tax based on the assessment list of the district last completed to defray the expenses of the library of such district to the amount appropriated by the district as hereinbefore provided.[1]
[1]
Editor's Note: See First Taxing District, § 1-28; Second Taxing District, § 1-82; Third Taxing District, § 1-118; Sixth Taxing District, §§ 1-136 and 1-140.

ARTICLE XX. (Reserved)

[1]
Editor's Note: A Charter Amendment, adopted 9-2-1980 and approved by the electorate at the general election held 11-4-1980, repealed former Article XX, Miscellaneous Bond Issues, which was comprised of the following sections: §§ 1-616 (Sp. Laws 1919, No. 123); 1-617 through 1-619 (Sp. Laws 1921, No. 297, §§ 1 to 3); 1-620 through 1-624 (Sp. Laws 1921, No. 222, §§ 1 to 5); 1-625 through 1-631 (Sp. Laws 1937, No. 73, §§ 1 to 7); 1-632 through 1-637 (Sp. Laws 1945, No. 202, §§ 1 to 6); 1-638 through 1-644 (Sp. Laws 1947, No. 326, §§ 1 to 7); 1-645 through 1-648 (Sp. Laws 1951, No. 523, §§ 1 to 4); 1-649 through 1-653 (Sp. Laws 1953, No. 209, §§ 1 to 5); 1-654 through 1-658 (Sp. Laws 1953, No. 300, §§ 1 to 5). These sections shall be maintained for record purposes in a separate book entitled "Bond Issues of the City of Norwalk, the First, the Second, the Third and the Sixth Taxing Districts." Copies of such compilation shall be kept in the offices of the City Clerk and Town Clerk and in the Finance Department.

§ 1-616. through § 1-658. (Reserved)

ARTICLE XXI. Pensions for Certain Retired Employees

[1]
Editor's Note: As to pension plan for city employees see Appendix, Part II, Pension Plan.

§ 1-659. through § 1-662. (Reserved)

[1]
Editor's Note: Former §§ 1-659, Payment to Grace Briggs Barrett, and 1-660, Pension from date of retirement included in estimate of expenditures, Sp. Laws 1949, No. 34, §§ 1 and 2, and §§ 1-661, Payment to Charles T. McGovern, and 1-662, Pension included in estimate of expenditures, Sp. Laws 1953, No. 426, §§ 1 and 2, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

§ 1-663. Payment to widows.

(Sp. Laws 1955, No. 298; Charter Amendment 9-2-1980.[1])
The City of Norwalk shall pay annually to Mary E. Eldridge, widow of James Eldridge, during the term of her natural life, the sum of $706.80, in equal monthly payments to commence September 1, 1955. The Board of Estimate and Taxation shall include annually in the estimate of expenditures of the City and Town of Norwalk a sum sufficient to pay such pension.
[1]
Editor's Note: Approved by the electorate at the general election held 11-4-1980.

§ 1-664. (Reserved)

[1]
Editor's Note: Former § 1-664, Payment to John Mills, Sp. Laws 1957, No. 154, was repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.

ARTICLE XXII. Extension of Fire Protection

[Adopted 6-14-1961]
[1]
Editor's Note: See also Art. IX and Ch. 41, Fire Department.

§ 1-665. Jurisdiction.

(Charter Amendment 11-3-1970; effective 7-1-1971.)
The jurisdiction of the Norwalk Fire Department shall extend to the entire City of Norwalk except to the Sixth Taxing District.

§ 1-666. Fire Department to be maintained.

A. 
The Norwalk Fire Department shall maintain adequate fire-fighting force within the Fifth Taxing District of the City of Norwalk and in addition thereto shall maintain all necessary fire houses and fire-fighting equipment within the boundaries of the Fifth Taxing District of the City of Norwalk, except the Sixth Taxing District.
(Charter Amendment 11-3-1970, effective 7-1-1971.)
B. 
The Norwalk Fire Department shall make available the services of its entire department to the entire city whenever they may be required.

§ 1-667. Taxation.

(Charter Amendment 11-3-1970, effective 7-1-1971.)
All of the inhabitants and the real and personal property within the limits of the Fifth Taxing District, with the exception of the Sixth Taxing District, shall be liable to taxation in order to defray the expenses of the Norwalk Fire Department. An appropriation to cover the operation of the Norwalk Fire Department shall be included in the annual budget of the city.

§ 1-668. Termination of Sixth Taxing District exception.

(Charter Amendment 11-3-1970, effective 7-1-1971.)
At such time as the Sixth Taxing District shall cease to maintain its own Fire Department, the Sixth Taxing District shall no longer be excepted from the provisions of §§ 1-665 and 1-666 hereinabove, and all of the inhabitants and real and personal property within the Fifth Taxing District shall be liable to taxation to defray the expenses of said department.

ARTICLE XXIII. Referendum Procedure

§ 1-669. Matters subject to referendum; procedure.

(Charter Amendment 8-8-1974;[1] Charter Amendment 8-17-1976;[2] Charter Amendment 11-5-1996.)
Any provision of the Charter of the City of Norwalk to the contrary notwithstanding, every ordinance hereinafter enacted and every exercise of authority of the Common Council, Board of Estimate and Taxation, or any other City Board or Commission, except as otherwise prohibited by the Acts of the General Assembly, the Constitution of the State of Connecticut or the Constitution of the United States, or as exempted in accordance with Paragraph 12(c) hereinbelow, shall be subject to referendum, as hereinafter defined, which results shall be binding upon the Common Council, Board of Estimate and Taxation, or any other City Board or Commission which enacted the ordinance or exercised the authority which is the subject of the referendum action. The term referendum, as used in this Article, shall be defined as provided in Section 9-1(n) of the Connecticut General Statutes.
1. 
Upon a petition of not less than 8% of the electors of the City of Norwalk qualified to vote in the previous general election filed in accordance herewith with the City Clerk asking that any such ordinance or exercise of authority be submitted to the votes of the city, such ordinance or exercise of authority shall be so submitted.
2. 
No ordinance or other exercise of authority shall be subject to referendum unless, within seven days of the time that the ordinance is passed or exercise of authority is taken, a written request including the particular question or proposal to be subject to referendum is filed by at least five electors of the City of Norwalk, duly notarized, for the issuance of forms of petition for the referendum with the City Clerk, together with a fee of $25.
3. 
Within three days of the receipt of a request in accordance with Paragraph 2 above, the City Clerk shall cause to be prepared a form of petition for referendum in at least 500 copies, each of which shall be marked with the Seal of the City of Norwalk, and shall notify by registered mail the electors named in the aforesaid request for petition forms that the said petition forms are available in the office of the City Clerk. The petition forms shall be available at the office of the City Clerk on the day that the notice is mailed as hereinbefore provided and shall be released by the City Clerk upon demand at that time or any time thereafter to any of the electors referenced in Paragraph 2 hereinabove.
4. 
No ordinance or exercise of authority shall be subject to referendum unless, within 25 days of the mailing of notice in accordance with Paragraph 3, there shall be returned to the City Clerk as a lot by any of the named electors of the aforesaid request for petition, the petition forms containing the signatures, with addresses, of 8% of the electors of the City of Norwalk on the petition forms requesting such referendum issued by the City Clerk.
5. 
a. 
The City Clerk shall cause the question or proposal to be reprinted on each petition form as submitted by the electors in their written request for the issuance of petition forms pursuant to Paragraph 2 above, except that the City Clerk may rephrase or remove any language which is ambiguous, misleading, scandalous, libelous, repetitive, presents the question or proposal in an outlandish or impractical form, is inconsistent with Paragraph 5(b) hereof, or is otherwise contrary to law, but in no event shall the City Clerk rephrase or remove any language in such a manner which could contravene, defeat, vary or evade the clearly expressed purpose and intent of any question or proposal so submitted which may lawfully be the subject of referendum under the provisions of this Article, the Acts of the General Assembly and the Constitution of the State of Connecticut.
b. 
When the question or proposal to be reprinted concerns the capital budget, operating budget, any other appropriation, or any part thereof, the question or proposal may either i) call for disapproval of the capital budget, operating budget, any other appropriation or any part thereof, or ii) specifically state whether the capital budget, operating budget, any other appropriation or any part thereof is to be decreased by a specified dollar amount or percentage. If the question or proposal as submitted by the electors in their written request for the issuance of petition forms pursuant to Paragraph 2 above specifically states whether the capital budget, operating budget, any other appropriation or any part thereof is to be decreased by a specified dollar amount or percentage, the City Clerk shall specifically and clearly state such dollar amount or percentage of decrease in the question or proposal reprinted on the petition forms.
c. 
The City Clerk shall cause to be reprinted on each petition form the question or proposal in accordance with the provisions of 5(a) and (b) above, which shall be followed by sufficient lines for the signatures and addresses of 20 electors. Below the lines the City Clerk shall cause to be reprinted on the petition forms language substantially as follows:
The undersigned elector of the City of Norwalk hereby attests that:
1. 
Each person whose name appears on this page personally signed the same in my presence.
2. 
Each person whose name appears on this page is either personally known to me or satisfactorily identified himself or herself to me.
I recognize that the above statements are made by me subject to the penalties for false statement.
  Signature of circulator
  Name and address of circulator (to be typed or printed)
6. 
A referendum may be had hereunder as to the whole or any part of any ordinance or exercise of authority of the Common Council, Board of Estimate and Taxation or any other City Board or Commission, except as otherwise prohibited by the provisions of this Article, the Acts of the General Assembly, the Constitution of the State of Connecticut or the Constitution of the United States or as exempted in accordance with paragraph 12(c) hereinbelow.
7. 
The Town Clerk shall review all petition forms returned hereunto within five working days of their receipt by the City Clerk and shall certify to the City Clerk:
a. 
The number of validated signatures necessary to equal the signatures of 8% of the electors of the city.
b. 
On each page of said petition forms the number of valid signatures thereon. The City Clerk shall, within two days of the receipt by him of the petition forms from the Town Clerk, issue a statement by registered mail addressed to the electors named in the request for petition forms pursuant to Paragraph 2 above either verifying the timely receipt of the petition forms in proper order containing the signatures of 8% of the electors of the City of Norwalk or shall so issue a statement that such petition forms were not timely received by him or were not in proper order or contained less than the signatures of 8% of the electors of the City of Norwalk.
8. 
No action shall be taken pursuant to any ordinance or exercise of authority subject to referendum under this Article until seven days shall have passed after the adoption of such ordinance or after the taking of the decision to exercise authority as aforesaid. In the event that a request is received by the City Clerk in accordance with Paragraph 2 above, no such action shall be taken until the City Clerk shall have issued a statement pursuant to Paragraph 7 above. In the event that the City Clerk issues a statement verifying the timely receipt of petition forms in proper order containing the signatures of 8% of the electors of the City of Norwalk, then no such action shall be taken until the referendum election on such ordinance or exercise of authority is held and the ordinance or exercise of authority is upheld; provided, however, that any ordinance or exercise of authority designated as an emergency measure by the municipal authority so acting shall be fully and immediately effective unless and until disapproved at a referendum election.
9. 
a. 
In the event that the City Clerk issues a statement verifying the timely receipt of petition forms in proper order containing the signatures of 8% of the electors of the City of Norwalk as provided in Paragraph 7(b) above, then within three days of the date on which the statement verifying the petition forms is deposited in the mail, the Common Council shall meet and determine the date of the referendum and shall instruct the City Clerk to issue a warning according to law; provided, however, in the case of a special election, such warning shall be issued by the City Clerk within three days after instruction by the Common Council.
b. 
Any referendum election concerning the capital budget, operating budget, any other appropriation or any part thereof shall be held at a special election not earlier than 17 days nor later than 25 days following the day upon which the City Clerk, upon instruction from the Common Council, issues a warning therefor by publishing a notice thereof in a newspaper having general circulation in the City of Norwalk. Any other referendum election shall be held at the next general election if such general election is to be held within six months from the date of verification by the City Clerk as provided in Paragraph 7(b) above; provided, however, that if such verification by the City Clerk as provided in Paragraph 7(b) above occurs less than 60 days or more than six months prior to the general election, then the referendum election shall be held at a special election not earlier than 17 days nor later than 25 days following the day upon which the City Clerk, upon instruction from the Common Council, issues a warning therefor by publishing a notice thereof in a newspaper having a general circulation in the City or Norwalk.
10. 
No question or proposal shall be approved, unless at the election at least 25% of the electors of the City of Norwalk cast a ballot with respect to such question or proposal.
11. 
a. 
Every referendum pursuant to this Article and any question or proposal approved by the electors of the City of Norwalk shall be binding, final and mandatory upon the Common Council, Board of Estimate and Taxation or any other City Board or Commission which enacted the ordinance or exercised the authority which is the subject of the referendum action, unless the same has been exempted in accordance with Paragraph 12(c) hereinbelow.
b. 
If, upon the official determination of the result of such referendum, the question or proposal has been approved by the electors, such question or proposal shall take effect forthwith.
c. 
Whenever the question or proposal so voted upon concerns the capital budget, operating budget, any other appropriation or any part thereof and the question or proposal as submitted by the electors in their written request for the issuance of petition forms pursuant to Paragraph 2 above specifically provided whether the capital budget, operating budget, any other appropriation or any part thereof is to be decreased by a specified dollar amount or percentage, the decrease shall take effect forthwith; provided, however, that the appropriate municipal authority shall meet within three days of the referendum to determine in what manner the mandated decrease of the dollar amount or percentage shall be effected, unless the manner of the implementation of the decrease is otherwise provided for in the question or proposal so approved, in which event no such meeting shall be required.
d. 
Whenever the electors of the City of Norwalk approve any question or proposal at any referendum requiring the operating budget to be decreased, the Board of Estimate and Taxation shall meet within three days and shall lower the mill rate in accordance with the decrease. Nothing herein shall be interpreted as requiring any action by the Board of Estimate and Taxation in order for the decrease to take effect forthwith. As to the manner of the implementation of the exercise of the decrease, the provisions of Paragraph 11(c) above shall apply.
e. 
In the event that a referendum is held and the capital budget, operating budget, any other appropriation or any part thereof submitted to the electorate in the referendum shall be disapproved, but the question or proposal as submitted by the electors in their written request for the issuance of petition forms pursuant to Paragraph 2 above did not specifically provide whether the capital budget, operating budget, any other appropriation or any part thereof is to be decreased by a specified dollar amount or percentage, then within three days after said election the Board of Estimate and Taxation shall hold a public hearing on said appropriations and shall make such alterations or adjustments therein and shall decrease the tax rate to correspond to such changes as are appropriate to reflect the wishes of the electors; provided, however, that the Board of Estimate at said meeting shall not approve any increase in total appropriations above the amount provided for in the disapproved budget, appropriation or part thereof.
f. 
Notwithstanding any other provision hereof, if two or more conflicting questions or proposals shall be approved by the electors at the same referendum election, the question or proposal receiving the greatest number of affirmative votes shall prevail in all particulars as to which there is a conflict, so long as such question or proposal has met the requirements of Paragraph 10 of this § 1-669.
g. 
Notwithstanding any other provision hereof, any appropriations fixed by the Board of Estimate and Taxation pursuant to Sections c, d or e of this paragraph shall be final, and the actions taken by the Board of Estimate and Taxation pursuant to said sections shall be exempt from any further referendum as to said actions.
12. 
a. 
Each paragraph, subparagraph and each provision of each paragraph and subparagraph of this Article shall be separable, and the invalidity of any portion of any paragraph, subparagraph or any provision of any paragraph or subparagraph shall not affect the validity or enforcement of any other portion. Should any provision be found to be invalid as to any circumstance, such provision shall apply to all other circumstances to which such provision may lawfully apply.
b. 
When a period of time is prescribed for the doing of any act, or as to Paragraph 8 above prescribed for the doing of any act, Sundays and holidays shall be included in computing such period, except that, if the last day of such period is on a Sunday or holiday, such day shall not be counted, and the last day shall be the day following such Sunday or holiday.
c. 
Should any provision of § 1-669 of this Article conflict with any other provision of any other section of this Article, or any other Article, of this Charter, the provision of § 1-669 shall apply, be considered supreme, and supersede such other provision, unless such other provision specifically states that it is exempt from the application of this § 1-669.
[1]
Editor's Note: Approved by the electorate a the general election held 11-5-1974. Former § 1-669, originally part of Article XXII, Extension of Fire Protection, was repealed by Charter Amendment of 11-3-1970, effective 7-1-1971.
[2]
Editor's Note: Approved by the electorate at the general election held 11-2-1976.

§ 1-670. through § 1-671. (Reserved)

[1]
Editor's Note: Former §§ 1-670 and 1-671, originally part of Article XXII, Extension of Fire Protection, were repealed by Charter Amendment of 11-3-1970, effective 7-1-1971.

Chapter 5. Special Acts

[HISTORY: Adopted: Article I, 7-7-1961, Sp. Laws 1961, No. 409; Article II, 6-4-1963, Sp. Laws 1963, No. 190; Article III, 5-29-1969, Sp. Laws 1969, No. 181; Article IV, 6-3-1969, Sp. Laws 1969, No. 187; Article V, 2-13-1973; Article VI, 6-15-1965, Sp. Laws 1965, No. 184; Article VII, 6-18-1965, Sp. Laws, 1965, No. 193; Article VIII, 6-29-1965. Sp. Laws 1965, No. 302; Article IX. 5-24-1972, Public Acts 1972, No. 277. Amendments noted where applicable.]
005a Listing of Special Acts

Article I. First Taxing District

[Adopted 7-7-1961, Sp. Laws 1961, No. 409]
[1]
Editor's Note: See Charter and Related Laws, Art. II, Part 2, § 1-22 et seq.

§ 5-1. Authorization to issue water bonds, notes or certificates of indebtedness.

The First Taxing District of the City of Norwalk, acting through the Commissioners and Treasurer of said district, may issue bonds, notes or certificates of indebtedness of said district, to an amount not exceeding $300,000, in coupon form, or otherwise, with privilege of registration and reconversion into coupon form, bearing interest at a rate or rates not greater than 6% per annum, payable semiannually, which bonds, notes or certificates of indebtedness shall be sold at not less than par and accrued interest and shall be in serial form payable in substantially equal installments beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than 15 years from their date. The proceeds of such bonds, notes or certificates of indebtedness shall be used for the purpose of lands and rights-of-way to be acquired by the district for water purposes, by condemnation proceedings or otherwise, and for extensions, additional installations, reinforcements, enlargements and improvements of the water system of the district. Such bonds, notes or certificates of indebtedness may be issued from time to time, and nothing herein contained shall require the whole amount of such bonds, notes or certificates of indebtedness to be issued or prevent their issuance in amounts less than the total authorized issue, as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each loan shall be payable in annual installments and within the period of time specified from the date of issue.

§ 5-2. Maturity, rate of interest.

The Commissioners and Treasurer of said district shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds, notes or certificates of indebtedness, and the annual rate of interest and other particulars of the form of such bonds, notes or certificates of indebtedness and the manner of issuance not determined hereby.

§ 5-3. Water rates.

The Commissioners of the district are authorized to fix rates for water which shall be sufficient for the maintenance and operation of the water system of the district and the payment of the principal of and interest on the indebtedness of the district, including the obligations authorized hereby. The bonds, notes or certificates of indebtedness authorized hereby shall be general obligations of the district and, for the payment of principal of and interest on the bonds, notes or certificates of indebtedness, taxes may be levied upon all of the taxable property in the district without limitation as to rate or amount; provided that to the extent revenues derived from the operation of the water system of the district are available and sufficient for the payment of the principal of and interest on the bonds, notes or certificates of indebtedness when the same become due, it shall not be necessary that taxes be levied for that purpose.

§ 5-4. Obligation of district inhabitants.

Such bonds, notes or certificates of indebtedness when executed and delivered shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 5-5. Exemption of limitation.

Such bonds, notes or certificates of indebtedness shall be deemed to be issued for water purposes and to be exempt from any limitations imposed by statute.

§ 5-5.1. Authorization to issue water bonds, notes or certificates of indebtedness.

[Adopted 6-18-1965, Sp. Laws 1965, No. 194, § 1]
The First Taxing District of the City of Norwalk, acting through the Commissioner and Treasurer of said district, may issue bonds, notes or certificates of indebtedness of said district to an amount not exceeding $600,000, in coupon form, or otherwise, with privilege of registration and reconversion into coupon form, bearing interest at a rate or rates not greater than 6% per annum, payable semiannually, which bonds, notes or certificates of indebtedness shall be sold at not less than par and accrued interest and shall be in serial form payable in substantially equal installments beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than 15 years from their date. The proceeds of such bonds, notes or certificates of indebtedness shall be used for the purchase of lands and rights of way to be acquired by the district for water purposes, by condemnation proceedings or otherwise, and for extensions, additional installations, reinforcements, enlargements and improvements of the water system of the district. Such bonds, notes or certificates of indebtedness may be issued from time to time, and nothing herein contained shall require the whole amount of such bonds, notes or certificates of indebtedness to be issued or prevent their issuance in amounts less than the total authorized issue, as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each loan shall be payable in annual installments and within the period of time specified from the date of issue.

§ 5-5.2. Date of maturity; rate of interest; other particulars.

[Adopted 6-18-1965, Sp. Laws 1965, No. 194, § 2]
The Commissioners and Treasurer of said district shall determine, subject to the foregoing limitations, the amount and date of maturity of such bonds, notes or certificates of indebtedness, and the annual rate of interest and other particulars of the form of such bonds, notes or certificates of indebtedness and the manner of issuance not determined hereby.

§ 5-5.3. Payment of principal and interest.

[Adopted 6-18-1965, Sp. Laws 1965, No. 194, § 3]
The Commissioners of the district are authorized to fix rates for water which shall be sufficient for the maintenance and operation of the water system of the district and the payment of the principal of and interest on the indebtedness of the district, including the obligations authorized hereby. The bonds, notes or certificates of indebtedness authorized hereby shall be general obligations of the district and for the payment of principal of and interest on the bonds, notes or certificates of indebtedness, taxes may be levied upon all of the taxable property in the district without limitations as to rate or amount, provided that to the extent revenues derived from the operation of the water system of the district are available and sufficient for the payment of the principal of and interest on the bonds, notes or certificates of indebtedness when the same become due, it shall not be necessary that taxes be levied for that purpose.

§ 5-5.4. Obligation of district and inhabitants.

[Adopted 6-18-1965, Sp. Laws 1965, No. 194, § 4]
Such bonds, notes or certificates of indebtedness when executed and delivered shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 5-5.5. Authorization to issue water bonds, notes or certificates of indebtedness upon approval of district electors.

[Adopted 6-26-1975, Sp. Laws 1975, No. 57, § 1]
Notwithstanding the provisions of Section 2-14 of the General Statutes, the First Taxing District of the City of Norwalk, acting through the Commissioners and Treasurer of said district, is authorized to issue its bonds, notes or certificates of indebtedness upon approval by the electors of said district at a meeting of the district. The bonds, notes or certificates may be issued from time to time in such amounts as are approved by said electors for the purpose of paying the cost of lands and rights-of-way to be acquired by the district for water purposes, by condemnation proceedings or otherwise and for extensions, additional installations, reinforcements, enlargements and improvements of the water system of the district.

§ 5-5.6. Commissioners and Treasurer to determine conditions.

[Adopted 6-26-1975, Sp. Laws 1975, No. 57, § 2]
The Commissioners and Treasurer of the district shall fix the date of the bonds, notes or certificates of indebtedness, the denominations, the maturity or maturities, the rate or rates of interest and the place and manner of payment, and shall determine whether the bonds, notes or certificates of indebtedness are to be issued in registered or coupon form, the redemption terms, if any, the registration and conversion privileges, if any, the manner of execution, and the signatures required. If an officer whose signature appears on the bonds, notes or certificates of indebtedness or the coupons attached thereto ceases to be an officer before delivery of the bonds, notes or certificates of indebtedness, his signature is valid as if he had remained in office until delivery. The bonds, notes or certificates of indebtedness shall bear interest payable annually or semiannually at such rate or rates or shall be determined by the commissioners and treasurer of the district, notwithstanding any provision of law or charter limiting the rate of interest such bonds, notes or certificate of indebtedness may bear.

§ 5-5.7. Form and maturity.

[Adopted 6-26-1975, Sp. Laws 1975, No. 57, § 3]
The bonds, notes or certificates of indebtedness shall be in serial form, shall mature in substantially equal installments or shall mature so that no installment payable in any year shall be less than the amount of any installment payable in any subsequent year. The first installment of any series of bonds, notes or other evidences of indebtedness shall mature not later than two years from their date and the last installment shall mature not later than 20 years from their date.

§ 5-5.8. Manner of selling.

[Adopted 6-26-1975, Sp. Laws 1975, No. 57, § 4]
The bonds, notes or certificates of indebtedness shall be sold at not less than their par value plus accrued interest in the manner determined by the Commissioners of the district.

§ 5-5.9. Payment of principal and interest.

[Adopted 6-26-1975, Sp. Laws 1975, No. 57, § 5]
The Commissioners of the district are authorized to fix rates for water which shall be sufficient for the maintenance and operation of the water system of the district and the payment of the principal of and interest on the indebtedness of the district. The bonds, notes or certificates of indebtedness issued hereunder shall be general obligations of the district, and for the payment of principal of and interest on the bonds, notes or certificates of indebtedness, taxes may be levied upon all of the taxable property in the district without limitation as to rate or amount, provided that to the extent revenues derived from the operation of the water system of the district are available and sufficient for the payment of the principal of and interest on the bonds, notes or certificates of indebtedness when the same become due, it shall not be necessary that taxes be levied for that purpose.

§ 5-5.10. Obligation of district and inhabitants.

[Adopted 6-26-1975, Sp. Laws 1975, No. 57, § 6]
Such bonds, notes or certificates of indebtedness when executed and delivered shall be obligatory upon said district and the inhabitants thereof according to the tenor and purport of the same.

§ 5-5.11. Purpose of issue; exemption from statutory limitations.

[Adopted 6-26-1975, Sp. Laws 1975, No. 57, § 7]
Such bonds, notes or certificates of indebtedness shall be deemed to be issued for water purposes and to be exempt from any limitations imposed by statute.

§ 5-5.12. Limits on indebtedness.

[Adopted 6-26-1975, Sp. Laws 1975, No. 57, § 8]
The amount of indebtedness of the district including any prior indebtedness shall not exceed 5% of the grand list of the district as defined in Section 7-374 of the General Statutes and shall otherwise be limited as set forth in said Section 7-374.

Article II. Norwalk Community College

[Adopted 6-4-1963, Sp. Laws 1963, No. 190]

§ 5-6. Authority granted to confer degrees.

The Norwalk Community College, located in the City of Norwalk, shall have power, in accordance with its bylaws and subject to such requirements and standards as may be prescribed for institutions of higher learning by the State Department of Education, to confer such degrees and grant such diplomas as are customary in institutions of higher learning.

Article III. Center for Vocational Arts

[Adopted 5-29-1969, Sp. Laws 1969, No. 181]

§ 5-7. Age waiver by statute.

The appropriate education programs available at the Center for Vocational Arts at Norwalk shall be deemed to be bona fide cooperative work-study programs as specified in Subsection (a) of Section 31-23 of the 1967 Supplement to the General Statutes, to the intent that any student of 15 years of age or older enrolled at such Center shall, upon request made by the Administrator of said Center to the Labor Commissioner, be authorized to be employed in any manufacturing, mechanical, mercantile or theatrical industry, restaurant or public dining room, or in any bowling alley, shoe-shining establishment or barbershop as part of such work-study program.

§ 5-8. Employment provisions for Center apprenticeship courses.

Any student 15 years of age or older enrolled at said Center for Vocational Arts shall, where appropriate, be deemed to be enrolled in a bona fide apprenticeship course as specified in Subsection (b) of Section 31-23 of the General Statutes and, as such, may be employed in any appropriate manufacturing or mechanical or automotive services establishment as part of such apprenticeship course.

Article IV. Police-Court Building in Mathews Park

[Adopted 6-3-1969, Sp. Laws 1969, No. 187]

§ 5-9. Authorization to use building.

Notwithstanding the limitation contained in Number 36 of the Special Acts of 1941, that the Mathews estate be used for a public park, the location of the Police-Court Building in Mathews Park is validated and the City of Norwalk is authorized to construct a second story on said building.

Article V. Transit District

[Adopted 2-13-1973]

§ 5-10. Establishment of district.

A transit district is hereby established pursuant to the authority granted in No. 261 of the Public Acts of the 1972 Session of the General Assembly for the formation of such districts.

§ 5-11. Boundaries.

The boundaries of the district shall be coterminous with the boundaries of the City of Norwalk.

§ 5-12. Powers.

Except as otherwise limited by this ordinance, the district shall have all the powers provided in No. 261 of the aforesaid Public Acts for transit districts established thereunder, including the power to assume the powers of the Public Utilities Commission of the State of Connecticut over any transit system operating within the district, to establish, operate and maintain a new transit system within the district or to acquire the property and franchises of any company or companies operating a transit system within the district.

§ 5-13. Board of Directors.

The affairs of the district shall be managed by a Board of Directors chosen from among the electors of the City of Norwalk. The membership of the Board of Directors shall be constituted as set forth in Section 2 of No. 261 of the aforesaid Public Acts. The members of the Board of Directors of the district shall be appointed by the Mayor of the City of Norwalk and shall be approved by majority vote of the Common Council.

§ 5-14. Assessments; appropriations.

The Board of Directors may not levy an assessment upon the City of Norwalk to pay any appropriations or expenses of the district, including appropriations contained in the annual proposed budget of the district, unless and until such assessment has been approved by the Common Council of the City. The city may voluntarily appropriate funds to the district in such amounts and at such times as the city shall desire. The district shall have no power to issue in the name of the district general obligations or revenue bonds and notes of the district unless and until the city, through the enactment of appropriate local ordinances specifically authorizes the district to issue such bonds and notes in accordance with the procedure set forth in Section 6 of No. 261 of the aforesaid Public Acts.

§ 5-15. When effective.

This ordinance shall be effective upon passage.

Article VI. Title to Franklin School Property

[Adopted 6-15-1965, Sp. Laws 1965, No. 184]

§ 5-16. Transfer of title.

All real property on the effective date of this act standing in the name of the "South Norwalk Union School District" on the Norwalk land records shall henceforth stand in the title name of and be owned by the City of Norwalk and the Clerk of said city shall record a copy of this act in the land records of said city.

Article VII. Second Taxing District

[Adopted 6-18-1965, Sp. Laws 1965, No. 193]

§ 5-17. Authorization to issue water bonds, notes or certificates of indebtedness.

The Second Taxing District of the City of Norwalk, acting through the Commissioners and Treasurer of said district, may issue bonds, notes or certificates of indebtedness of said district to an amount not exceeding $1,250,000, in coupon form, or otherwise, with privilege of registration and reconversion into coupon form, bearing interest at a rate or rates not greater than 6% per annum, payable semiannually, which bonds, notes or certificates of indebtedness shall be sold at not less than par and accrued interest and shall be in serial form payable in substantially equal installments beginning not more than two years from the date of issue, in such sums that the entire amount thereof shall be paid within a period of not more than 25 years from their date. The proceeds of such bonds, notes or certificates of indebtedness shall be used for the purchase of lands and rights-of-way to be acquired by the district for water purposes, by condemnation proceedings or otherwise, and for extensions, additional installations, reinforcements, enlargements and improvements of the water system of the district. Such bonds, notes or certificates of indebtedness may be issued from time to time, and nothing herein contained shall require the whole amount of such bonds, notes or certificates of indebtedness to be issued or prevent their issuance in amount less than the total authorized issue, as may be deemed expedient, in which case each authorized issue shall constitute a separate loan and each loan shall be payable in annual installments and within the period of time specified from the date of issue.

§ 5-18. Date of maturity; rate of interest; other particulars.

The Commissioners and Treasurer of said district shall determine, subject to the limitation of Section 1 of this act,[1] the amount and date of maturity of such bonds, notes or certificates of indebtedness, and the annual rate of interest and other particulars of the form of such bonds, notes or certificates of indebtedness and the manner of issuance not specified in this act.
[1]
Editor's Note: § 5-17.

§ 5-19. Payment of principal and interest.

The Commissioners of said district are authorized to fix rates for water which shall be sufficient for the maintenance and operation of the water system of the district and the payment of the principal of and interest on the indebtedness of the district, including the obligations authorized hereby. The bonds, notes or certificates of indebtedness authorized hereby shall be general obligations of the district and, for the payment of principal of and interest on the bonds, notes or certificates of indebtedness, taxes may be levied upon all of the taxable property in the district without limitation as to rate or amount, provided that to the extent revenues derived from the operation of the water system of the district are available and sufficient for the payment of the principal of and interest on the bonds, notes or certificates of indebtedness when the same become due, taxes need not be levied for that purpose.

§ 5-20. Obligation of district and inhabitants.

Such bonds, notes or certificates of indebtedness, when executed and delivered, shall be obligatory upon said district, and the inhabitants thereof according to the tenor and purport of the same.

Article VIII. Sixth Taxing District

[Adopted 6-29-1965, Sp. Laws 1965, No. 302]

§ 5-21. Extension of sewers.

Those areas of the Sixth Taxing District, to wit, Bell Island and the Roton Junior High School, which will be serviced by sewers, shall be part of the Fourth Taxing District of Norwalk as constituted by Section 4 of Number 352 of the Special Acts of 1913,[1] as amended by Section 2 of Number 82 of the Special Acts of 1929, as amended by Number 399 of the Special Acts of 1949 and be charged and serviced as any other area within said Fourth Taxing District with the exception that fire protection for the residents of said areas so serviced by said sewers shall remain the primary responsibility and obligation of the said Sixth Taxing District to the extent that it was before the passage of this act. The Sixth Taxing District residents entering the Fourth Taxing District under the provisions of this act shall receive tax credit from the City of Norwalk equal to that amount of the Fourth District Tax that is normally charged by the city for fire protection. Garbage collection shall remain the responsibility of the Sixth Taxing District until such time as the City of Norwalk assumes said responsibility and provides said service. Until such assumption of responsibility by the City of Norwalk, the Sixth Taxing District residents entering the Fourth Taxing District shall receive a tax credit from the City of Norwalk equal to that amount of the Fourth District Tax that is normally charged by the city for garbage collection. Nothing in this act shall change any of the other existing property rights, services or facilities of said taxing districts as they existed prior to the passage of this act.
[1]
Editor's Note: See Charter, § 1-16, et seq.

§ 5-22. Authorization to issue bonds, notes or certificates of indebtedness.

[Adopted 6-28-1967, Sp. Laws 1967, No. 323, § 1]
The Commissioners of the Sixth Taxing District of the City of Norwalk are authorized, when in legal meeting assembled, by a majority vote of the members of said commission, to issue bonds, notes or certificates of indebtedness of said district to an amount not exceeding $160,000 in coupon form, or otherwise, with privilege of registration and reconversion into coupon form, bearing interest at a rate or rates not greater than 6% per annum payable semiannually.

§ 5-23. Sale and terms.

[Adopted 6-28-1967, Sp. Laws 1967, No. 323, § 2]
Such bonds, notes or certificates of indebtedness shall be sold at not less than par and accrued interest and shall be in serial form payable in such equal annual installments that the entire amount thereof shall be paid within 10 years from the date of issue.

§ 5-24. Purpose.

[Adopted 6-28-1967, Sp. Laws 1967, No. 323, § 3]
The proceeds of such bonds, notes or certificates of indebtedness shall be used by said district to refinance the purchase of its land and buildings at 33 Highland Avenue and for the improvement of said premises.

§ 5-25. Determination of form and conditions of sale.

[Adopted 6-28-1967, Sp. Laws 1967, No. 323, § 4]
The Commissioners of said taxing district, subject to the limitations of this act, shall determine the form of such bonds, notes or certificates of indebtedness, the several and aggregate amounts thereof, the time or times and place or places of payment of both principal and interest, the manner of signing, countersigning, selling, exchanging or otherwise disposing thereof and the person or persons who shall execute, negotiate and deliver the same for said district. The bonds, notes or certificates of indebtedness authorized hereby shall be general obligations of the district; and for the payment of the principal and interest on the bonds, notes or certificates of indebtedness, taxes shall be levied upon all of the taxable property within the district without limitations as to rate or amount.

§ 5-26. Obligation of district and inhabitants.

[Adopted 6-28-1967, Sp. Laws 1967, No. 323, § 5]
Said bonds, notes or certificates of indebtedness, when so executed, issued and delivered, shall be obligatory upon said district and upon all the inhabitants and property thereof according to the tenor and purport of the same.

§ 5-27. Authorization to issue bonds, notes or certificates of indebtedness.

[Adopted 4-17-1971, Sp. Laws 1971, No. 18, § 1]
The Commissioners of the Sixth Taxing District of the City of Norwalk are authorized, when in legal meeting assembled, by a majority vote of the members of said commission, to issue bonds, notes or certificates of indebtedness of said district to an amount not exceeding $210,000 in coupon form, or otherwise, with privilege of registration and reconversion into coupon form, bearing interest at a rate or rates not greater than 7% per annum payable semiannually.

§ 5-28. Terms of sale; form; term.

[Adopted 4-17-1971, Sp. Laws 1971, No. 18, § 2]
Such bonds, notes or certificates of indebtedness shall be sold at not less than par and accrued interest shall be in serial form payable in such equal annual installments that the entire amount thereof shall be payable within a period of not more than 20 years from the date of issue.

§ 5-29. Purpose.

[Adopted 4-17-1971, Sp. Laws 1971, No. 18, § 3]
The proceeds of such bonds, notes or certificates of indebtedness shall be used by said district to refinance the purchase of its land and buildings at 177 Rowayton Avenue, Norwalk. Connecticut, and for the improvement of said premises.

§ 5-30. Commissioners and Treasurer to determine conditions.

[Adopted 4-17-1971, Sp. Laws 1971, No. 18, § 4]
The Commissioners of said taxing district, subject to the limitations of this act, shall determine the form of such bonds, notes or certificates of indebtedness, the several and aggregate amounts thereof, the time or times and place or places of payment of both principal and interest, the manner of signing, countersigning, selling, exchanging or otherwise disposing thereof and the person or persons who shall execute, negotiate and deliver the same for said district. The bonds, notes or certificates of indebtedness authorized hereby shall be general obligations of the district; and for the payment of the principal and interest on the bonds, notes or certificates of indebtedness, taxes shall be levied upon all of the taxable property within the district without limitations as to rate or amount.

§ 5-31. Obligation of district and inhabitants.

[Adopted 4-17-1971, Sp. Laws 1971, No. 18, § 5]
Said bonds, notes, or certificates of indebtedness, when so executed, issued and delivered, shall be obligatory upon said district and upon all the inhabitants and property thereof according to the tenor and purport of the same.

Article IX. Five Mile River Commission

[Adopted 5-24-1972, Public Acts 1972, No. 277, §§ 2 and 3]

§ 5-32. Establishment of Commission.

There shall be a Five Mile River Commission consisting of two electors from each of the Towns of Norwalk and Darien. Each such member shall be appointed by the Governor from a list of nominees to be submitted by the respective legislative bodies of said towns and shall serve for a term of four years from the date of his appointment and until his successor has been appointed and qualified. Such members shall not be compensated for their services as such but shall be reimbursed for all necessary expenses.

§ 5-33. Additional Members from Town of New Canaan.

The Town of New Canaan, upon majority vote by its legislative body, may, at any time, become a member of the Five Mile River Commission, in which event two electors of said town shall be appointed to the Commission as provided in Subsection (a)[1] of this section.
[1]
Editor's Note: § 5-32.