Connecticut Seal

House Bill No. 5067

Special Act No. 02-2

AN ACT AUTHORIZING THE AMSTON LAKE HEBRON TAX DISTRICT AND THE AMSTON LAKE LEBANON TAX DISTRICT TO MERGE INTO THE AMSTON LAKE DISTRICT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) The Amston Lake Hebron tax district, located in the town of Hebron, and the Amston Lake Lebanon tax district, located in the town of Lebanon, are authorized to merge and form a single Amston Lake District if the boards of directors of both tax districts approve such merger. Upon approval of such merger, the boards shall meet in joint session and choose necessary officers to hold office until the first annual meeting of the Amston Lake District. Not more than seven days after the approval of the merger by the boards of directors under this section, the clerk of Amston Lake District shall cause a notice of such merger to be recorded in the land records of the towns of Hebron and Lebanon and indexed under the names of the Amston Lake Hebron Tax District and the Amston Lake Lebanon Tax District, respectively, as grantors, and under the name of the Amston Lake Tax District as grantee. The recording information of the Amston Lake Hebron Tax District and the Amston Lake Lebanon Tax District required by subsection (a) of section 7-325 of the general statutes shall be recorded in the same form as the initial recording by the clerk. At the same time, an initial report pursuant to the requirement of subsection (c) of section 7-325 of the general statutes and containing the information required by said subsection (c) for an initial report of a district created pursuant to chapter 105 of the general statutes shall be filed by the clerk with the town clerk of Hebron and the town clerk of Lebanon and annually thereafter a report shall be filed required by said subsection (c).

Sec. 2. (Effective from passage) Upon approval of such merger and the filing of the notice required by section 1 of this act, the Amston Lake District shall be a body, corporate and politic and shall thereupon and thereafter succeed to and possess all the title to real and personal property, rights, privileges, immunities, and franchises of the Amston Lake Hebron Tax District and the Amston Lake Lebanon Tax District. All property, real, personal and mixed, and all debts due on whatever account, all other choses in action, and all and every other interest of or belonging to or due to each of said tax districts merged shall be taken and transferred to, vested in, and assumed by the Amston Lake District without further act or deed. The title to any real or personal property, or any interest therein, vested in either of said tax districts so merged shall not revert or be in any way impaired by reason of such merger. The Amston Lake District shall, after such merger, be responsible and liable for all the liabilities, obligations, and penalties of each of the tax districts merged. Any claim existing and any action or proceeding pending by or against either of said tax districts merged may be prosecuted as if such merger had not taken place. Any judgment rendered against either of said tax districts merged may be enforced against the Amston Lake District. Neither the rights of creditors nor any liens upon the property of either of said tax districts merged shall be impaired by such merger.

Sec. 3. (Effective from passage) (a) For the purpose of determining an equitable distribution of the budget of the Amston Lake District against the grand lists prepared by the tax assessor of Hebron and the tax assessor of Lebanon and furnished to the District for the territory of the District within the town of Hebron and the town of Lebanon pursuant to section 7-328 of the general statutes, tax rates shall be calculated in accordance with the provisions of this section.

(b) (1) As used in this subsection, "public works" means improvements and activities of the Amston Lake District over, across, upon, under, and through the rights of way for public streets and roads and appurtenant easements and ways, within the territory of the Amston Lake District for all purposes for which the rights of way may be used, including, but not limited to, the placement, installation, maintenance, repair, and replacement of pavement, structures, ways, pipes, ducts, cables, and utilities for parking and passage by foot, horse, or vehicle, for drainage, for safety, and for the movement or delivery of potable water, non-potable water, sewage, gas, electricity, and telecommunications. Repair and maintenance of pavement shall be construed to include (A) removal of snow and ice and control of snow and ice by application of sand, salt, and other means, and (B) removal or remediation of other obstructions to the use of the ways for their intended purpose. Utilities shall be construed to include, without limitation, future means for provision of drainage, communications, energy, water, and waste removal.

(2) The budgets for expenses for public works, including expenses for proposed capital projects and allocations for reserves and sinking funds for public works for the budget year, for the territory of the Amston Lake District within the town of Hebron and for the territory within the town of Lebanon shall be subtracted from the budget of total expenses for the district. Fifty per cent of the difference shall be added to the expenses for public works for the territory of the district within the town of Hebron, and fifty per cent of the difference shall be added to the expenses for public works within the territory of the district within the town of Lebanon. The resulting sum for the territory of the district within the town of Hebron shall be divided by the grand list as derived from the tax assessor of Hebron's grand list for the territory of the district within the town of Hebron. The resulting sum for the territory of the district within the town of Lebanon shall be divided by the grand list as derived from the tax assessor of Lebanon's grand list for the territory of the district within the town of Lebanon. The resulting quotients shall each be multiplied by one thousand to complete the calculation of the tax rates in mills for the territory of the district within the town of Hebron and the territory of the district within the town of Lebanon.

(3) Taxes of the Amston Lake District shall be levied against the grand list and assessed valuations of property within the town of Hebron at the tax rate established for the territory of the district within the town of Hebron, and they shall be levied against the grand list and assessed valuations of property within the town of Lebanon at the tax rate established for the territory of the district within the town of Lebanon. The Amston Lake District shall comply in all other aspects with the provisions of chapter 105 of the general statutes and shall have all the powers and duties of a district under said chapter 105.

(4) Any reserve funds for public works existing as of the date of creation of the Amston Lake District or levied or assessed hereafter, shall be allocated solely to expenses for public works in the territory of the District from which the reserves originated, in such amounts and at such times, as the Board of Directors shall decide.

Sec. 4. (Effective from passage) The Amston Lake District shall give written notice to the Town of Lebanon and to the Town of Hebron no less than ten days prior to any meeting of the Amston Lake District called for the purpose of adopting any resolution providing for the borrowing of a sum in excess of one per cent of the then current grand list of the Amston Lake District.

Sec. 5. (Effective from passage) Notwithstanding the provisions of chapters 3, 90, 105, 110 and 112 of the general statutes, and sections 12-129d, 12-130, 21-136, 12-144a, 12-145, 12-147, 12-151 and 12-155 to 12-159, inclusive, of the general statutes, as amended, actions of the meetings, boards of directors, tax collectors, and officials of the Amston Lake Hebron Tax District and the Amston Lake Lebanon Tax District organized and existing under chapter 105 of the general statutes pursuant to notices of organization dated August 9, 1984, and recorded in Volume 8 Page 134 of the Hebron land records and dated June 4, 1987, and recorded in Volume 3 Page 2 of the Lebanon land records, respectively, in the calling of meetings, holding of votes, passage of ordinances, execution of contracts and agreements, establishment of budgets, assessment, levy and collection of taxes, issuance of bonds and notes of indebtedness, conveyance of mortgages securing such bonds or notes, and definition of territorial limits, and the establishment of and actions by the joint council on Amston Lake, as the interlocal advisory board created under the interlocal agreement made between the Amston Lake Hebron Tax District and the Amston Lake Lebanon Tax District dated on May 23, 1996, amended February 17, 1999, pursuant to sections 7-339a to 7-339l, inclusive, of the general statutes, in the calling of meetings, holding of votes, passage of resolutions, execution of contracts and agreements, and establishment of budgets, are hereby validated.

Sec. 6. (Effective from passage) Any ordinances, contracts, bylaws, actions, and documents shall remain in full force and effect with respect to the inhabitants, occupants, and citizens and the territory of each of the former Amston Lake Hebron Tax District and the Amston Lake Lebanon Tax District, respectively, unless and until the Board of Directors of the newly merged Amston Lake District, by resolution, makes effective such ordinances which were identical in both districts, with respect to the territory of both former tax districts. Until such time, the Board of Directors of the newly formed Amston Lake District shall effectuate the ordinances, contracts, actions, and documents and enforce the terms and conditions of the documents with respect to such inhabitants, occupants, and citizens and within such applicable separate territories. Ordinances, contracts, bylaws, actions and documents which were not identical for both former tax districts will remain in effect for their applicable territories, until superseded by ordinance, contracts, bylaws and actions of the Amston Lake District, pursuant to the authority of its meeting of voters. Thereafter, all applicable actions affecting the new Amston Lake District shall be taken under the authority of the ordinances established by the meeting of the voters of the District which shall supersede any previous ordinances of the separate, former districts where inconsistent therewith. Contracts, actions, resolutions, and documents of the joint Council on Amston Lake shall become the contracts, actions, resolutions, and documents of the Amston Lake District without further action and the Amston Lake District will assume all liabilities and retain all the rights and duties of the joint Council on Amston Lake as an advisory board under sections 7-339a to 7-339l, inclusive, of the general statutes.

Approved April 30, 2002