CHAPTER 97*
MUNICIPALITIES: GENERAL PROVISIONS

      *Cited. 103 C. 423.

Table of Contents

Sec. 7-101. Town seal.
Sec. 7-101a. Protection of municipal officers and municipal employees from damage suits. Reimbursement of defense expenses. Liability insurance. Time limit for filing notice and commencement of action.
Sec. 7-102. Signposts.
Sec. 7-103. Resignation of municipal officers.
Sec. 7-104. Refusal of elected official to accept or perform duties.
Sec. 7-105. Oath of assessors, board of assessment appeals and tax collectors.
Sec. 7-105a. Office of grand juror abolished.
Sec. 7-106. Oath of grand jurors.
Sec. 7-107. Vacancy appointments by selectmen.
Sec. 7-108. City or borough liable for damage done by mobs.
Sec. 7-109. Destruction of documents.
Sec. 7-110. Official publications of towns, cities and boroughs to be filed in State Library.
Sec. 7-111. Proof of claims against municipality.
Sec. 7-112. Rate of wages and citizens' preference in work on public buildings.
Sec. 7-113. Marking of bounds of towns, cities and boroughs.
Sec. 7-114. Renewal of boundary lines.
Sec. 7-115. Establishment of disputed boundaries.
Secs. 7-116 to 7-118. Street and curb lines. Sidewalks. Construction, maintenance and use of sidewalks.
Sec. 7-118a. Curbs and sidewalks to be designed with cuts at pedestrian crosswalks.
Secs. 7-119 and 7-120. Hearing; appeal. Assignment of street numbers.
Sec. 7-121. Making of specific appropriations.
Sec. 7-121a. Municipal loans to nonpublic schools for construction or renovation.
Sec. 7-121b. Contracts with regional water authorities.
Sec. 7-121c. Municipal guarantee of notes and bonds issued by water authority re water distribution system.
Sec. 7-121d. Municipality may request state review of contract with engineering consultant re waste water.
Sec. 7-121e. Sewage treatment facility improvement trust fund.
Secs. 7-121f to 7-121l.
Sec. 7-121m. Notice of actions concerning real property in other municipalities.
Sec. 7-122. Sites for armories. Appropriations.
Sec. 7-122a. Municipal fallout shelters and civil preparedness facilities.
Sec. 7-122b. Allocation of funds for art work in construction or remodeling of municipal buildings.
Secs. 7-123 to 7-125. Appropriations for: Military organizations, hospitals, health care facilities and public health nursing organizations; insect and plant disease control; Memorial Day and Old Home Week.
Sec. 7-125a. Appropriations to improvement associations for road maintenance.
Secs. 7-125b to 7-125d. Appropriations for assistance to nonprofit museums. Cultural commissions. Appropriations for drug abuse and dependency programs.
Sec. 7-126. Transportation of crippled children and children with defective eyesight.
Secs. 7-127 and 7-127a. Municipal advisory welfare boards. Committees on needs of the aging.
Sec. 7-127b. Municipal agents for elderly persons. Responsibilities of Department of Social Services.
Sec. 7-127c. Municipal agents for children.
Sec. 7-127d. Neighborhood youth center grant program.
Sec. 7-127e. Application. Matching funds. Advisory committee for grant application review.
Sec. 7-127f. Quarterly reports. Audit.
Sec. 7-127g. Annual reports to the General Assembly.
Secs. 7-128 and 7-129. Public squares and parks. Gifts for parks.
Sec. 7-129a. Park and recreation capital and nonrecurring expense fund.
Sec. 7-130. Playgrounds and recreation centers.
Sec. 7-130a. Public recreational facilities authorities. Definitions.
Sec. 7-130b. Creation of authority. Joining and withdrawal.
Sec. 7-130c. Commission to exercise powers of authority. Transfer of authority to municipal department and vice versa.
Sec. 7-130d. Powers of authority.
Sec. 7-130e. Municipalities may grant property and money to authority.
Sec. 7-130f. Operation of projects.
Sec. 7-130g. Bond issues.
Sec. 7-130h. Securing of bonds.
Sec. 7-130i. Rates, rents, fees and charges.
Sec. 7-130j. Use of receipts.
Sec. 7-130k. Enforcement of rights of bondholders and trustees.
Sec. 7-130l. Tax exemption.
Sec. 7-130m. Bonds to be legal investments.
Sec. 7-130n. Liberal construction. Consent of other bodies not required.
Sec. 7-130o. Municipal powers to aid authority.
Sec. 7-130p. Provision of property to authority.
Sec. 7-130q. Lease of facilities.
Sec. 7-130r. Financial aid by municipality.
Sec. 7-130s. Municipal guarantee of authority bonds.
Sec. 7-130t. Pledge or assignment of lease to secure bonds.
Sec. 7-130u. Exemption of property from levy and sale by virtue of execution.
Sec. 7-130v. Payment by authority of sums in lieu of taxes.
Sec. 7-130w. Construction of statutes. Consent of other agencies not required.
Sec. 7-131. Municipal forests.
Sec. 7-131a. Conservation commissions.
Sec. 7-131b. Acquisition of open space land and easements. Revaluation of property subject to easement.
Sec. 7-131c. Open space land. Definitions.
Sec. 7-131d. Protected open space and watershed land acquisition grant program: Purposes; criteria; conditions. Charter Oak open space grant program: Criteria; conditions.
Sec. 7-131e. Decisions of commissioner re grants. Administrative expenses. Review board. Report. Account.
Sec. 7-131f. Considerations for approving grants from funds authorized prior to July 1, 1998.
Sec. 7-131g. Amount of grant. Valuation of land. Issuance of bonds.
Sec. 7-131h. Charges by municipality.
Sec. 7-131i. Municipal use of open space land.
Sec. 7-131j. Taking of land by state or public service company.
Sec. 7-131k. Acceptance of federal funds.
Sec. 7-131l. Development of watershed areas for recreation and fish and wildlife sites.
Sec. 7-131m. Combined conservation and recreational commission.
Sec. 7-131n. Taking of land previously intended for use as park or for other recreational or open space purposes.
Sec. 7-131o. Taking of active agricultural land by eminent domain. Purchase of agricultural conservation easement or development rights. Notice to Commissioner of Agriculture.
Sec. 7-131p.
Sec. 7-131q. Agricultural land preservation fund.
Sec. 7-131r. Land acquisition fund.
Sec. 7-131s. Charter Oak open space trust account.
Sec. 7-131t. Charter Oak open space grant program: Purposes; criteria. Charter Oak open space grant program account.
Sec. 7-131u. Charter Oak state parks and forests program: Purposes; criteria. Charter Oak state parks and forests account.
Secs. 7-132 and 7-133. Bounty: On bobcat or lynx; on snakes and wild animals.
Sec. 7-134. Lockup.
Sec. 7-135. Use of municipal lockup and community correctional center in another town.
Sec. 7-135a. Reimbursement of towns for keeping prisoners.
Sec. 7-135b. Payment for intoxication tests.
Sec. 7-136. Municipal economic development commissions.
Secs. 7-136a to 7-136c. Convention and visitors commissions established by municipalities or municipal districts. Municipalities or municipal districts having coliseum authority or convention and visitors commission to receive a portion of certain state taxes; alternatives. Permitted use of state tax receipts retained by municipalities.
Sec. 7-136d. Ordinance authorizing establishment of foreign trade zone.
Sec. 7-136e. Review by regional planning agency and certain state departments of application to operate foreign trade zone.
Sec. 7-136f. Submission of application to operate foreign trade zone.
Sec. 7-136g. Applicability of local planning and zoning regulations.
Secs. 7-136h to 7-136m.
Sec. 7-136n. Joint issuance of bonds by two or more municipalities.
Sec. 7-136o. Securing of bonds.
Sec. 7-136p. Enforcement of rights of bondholders and trustees.
Sec. 7-136q. Tax exemption.
Sec. 7-136r. Bonds to be legal investments.
Sec. 7-136s. Guarantee of joint bonds by participating municipality.
Sec. 7-137. Regional economic development commissions.
Sec. 7-137a. Powers and duties of development and industrial commissions created prior to October 1, 1965.
Sec. 7-137b. Establishment of industrial park.
Sec. 7-137c. Extension of water mains into areas used wholly or partly for industrial or commercial purposes or into residential areas.
Sec. 7-137d. Lien for benefits assessed for water main extension.
Sec. 7-138. Assessment of railroad property for public improvements. Maintenance of sidewalks and public places.
Sec. 7-139. Notice of assessment of benefits.
Sec. 7-140. Assessment a lien; foreclosure.
Sec. 7-141. Notice of hearing on municipal assessments.
Sec. 7-142. Appeal from municipal assessments.
Sec. 7-143. Completion of improvement pending appeal from appraisal of damages.
Sec. 7-144. Assessment on estate of decedent.
Sec. 7-145. Correction of assessments.
Sec. 7-146. Clearing of waterways. Assessment of cost. Appeal.
Sec. 7-147. Regulation of obstructions in waterways.

      Sec. 7-101. Town seal. Each town shall provide itself with a seal with the name of the town and the state and the word "seal" inscribed thereon and may place thereon any such other suitable inscription or design as it determines. If any town changes any design or inscription upon its seal, a certificate describing such change shall be made and filed by the town clerk of such town with the Secretary of the State. The town clerk shall have the custody of such seal.

      (1949 Rev., S. 622.)

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      Sec. 7-101a. Protection of municipal officers and municipal employees from damage suits. Reimbursement of defense expenses. Liability insurance. Time limit for filing notice and commencement of action. (a) Each municipality shall protect and save harmless any municipal officer, whether elected or appointed, of any board, committee, council, agency or commission, including any member of a local emergency planning committee appointed from such municipality pursuant to section 22a-601, or any municipal employee, of such municipality from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence, or for alleged infringement of any person's civil rights, on the part of such officer or such employee while acting in the discharge of his duties.

      (b) In addition to the protection provided under subsection (a) of this section, each municipality shall protect and save harmless any such municipal officer or municipal employee from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand or suit instituted against such officer or employee by reason of alleged malicious, wanton or wilful act or ultra vires act, on the part of such officer or employee while acting in the discharge of his duties. In the event such officer or employee has a judgment entered against him for a malicious, wanton or wilful act in a court of law, such municipality shall be reimbursed by such officer or employee for expenses it incurred in providing such defense and shall not be held liable to such officer and employee for any financial loss or expense resulting from such act.

      (c) Each such municipality may insure against the liability imposed by this section in any insurance company organized in this state or in any insurance company of another state authorized to write such insurance in this state or may elect to act as self-insurer of such liability.

      (d) No action shall be maintained under this section against such municipality or employee unless such action is commenced within two years after the cause of action therefor arose nor unless written notice of the intention to commence such action and of the time when and the place where the damages were incurred or sustained has been filed with the clerk of such municipality within six months after such cause of action has accrued.

      (e) For the purposes of this section "municipality" means any town, city, borough, consolidated town and city, consolidated town and borough, district, district department of health, or authority established by the general statutes, a special act or local law, ordinance or charter or any public agency.

      (1971, P.A. 726; P.A. 75-408, S. 1; P.A. 77-399; P.A. 80-403, S. 9, 10; P.A. 89-212, S. 11; 89-378.)

      History: P.A. 75-408 included both elected and appointed members and included members of councils as well as of board, committees and commissions in indemnification and added claims arising from infringement of civil rights; P.A. 77-399 substituted "municipal officer" for "member" and included officers of agencies and full-time municipal employees, inserted new provisions re protection against alleged malicious, wanton, wilful etc. acts as Subsec. (b), making previous provisions Subsecs. (a) and (c); P.A. 80-403 added Subsec. (d) re limits on notice and commencement of action; P.A. 89-212 amended Subsec. (a) to include members of local emergency planning committees in indemnification; P.A. 89-378 substituted "municipality" for "town, city, borough, consolidated town and city and consolidated town and borough", added Subsec. (e) defining municipality, extended the protection to part-time employees, and provided for reimbursement to a municipality if a judgment is entered against an officer or employee for a malicious, wanton or wilful act.

      See Sec. 52-557n re liability of an employee, officer or agent of a political subdivision of the state.

      Statute to be given prospective application only. 190 C. 77-81. Cited. 197 C. 9, 11-14. Statute does not apply to suits brought by municipalities against their own officers. 200 C. 367-371, 373-375. Cited. 214 C. 632, 641. Cited. 221 C. 149, 151, 156, 158, 159, 161, 162, 164. Cited. 223 C. 731, 742, 744. Cited. 229 C. 716, 718. Cited. 237 C. 501.

      Cited. 1 CA 709, 713. Cited. 4 CA 216, 217. Cited. 28 CA 277, 278. Cited. 38 CA 546, 548.

      Cited. 41 CS 548, 552-555.

      Subsec. (a):

      Cited. 197 C. 9, 11, 14. Cited. 200 C. 367, 369, 371, 372, 374. Cited. 221 C. 149, 156-159.

      Cited. 41 CS 548, 554-556.

      Subsec. (b):

      Cited. 221 C. 149, 157-159.

      Cited. 41 CS 548, 554-556.

      Subsec. (c):

      Cited. 200 C. 367, 372.

      Subsec. (d):

      Cited. 197 C. 9-11, 13, 14. Cited. 200 C. 367, 372. Cited. 223 C. 731, 742, 743.

      Cited. 39 CS 102, 103, 106. Cited. 41 CS 420, 424. Cited. 44 CS 477.

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      Sec. 7-102. Signposts. One or more signposts may be erected and maintained in each town, at such place or places as the selectmen shall designate.

      (1949 Rev., S. 626; 1957, P.A. 13, S. 10; P.A. 82-327, S. 4.)

      History: P.A. 82-327 made signpost requirement permissive rather than mandatory and deleted provisions re erection of additional signposts and changes in signposts' locations.

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      Sec. 7-103. Resignation of municipal officers. Unless otherwise provided by law, any elected or appointed town, city or borough officer, except the town, city or borough clerk, desiring to resign from his office shall submit his resignation in writing to the town, city or borough clerk, as the case may be; and any such clerk desiring to resign from his office shall submit his resignation in writing to the board of selectmen, the chief executive officer of the city or the chief executive officer of the borough, as the case may be. Any such resignation shall become effective upon the date specified therein or, if no date is so specified, upon the date of its submission.

      (1955, S. 255d.)

      Legality of councilman's resignation from office upon appointment to city post could not be contested by plaintiff's action for declaratory judgment as plaintiff was not shown to be injured by resignation. 157 C. 370.

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      Sec. 7-104. Refusal of elected official to accept or perform duties. Section 7-104 is repealed, effective October 1, 2002.

      (1949 Rev., S. 526; 1953, S. 257d; P.A. 02-89, S. 90.)

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      Sec. 7-105. Oath of assessors, board of assessment appeals and tax collectors. Each person elected or appointed an assessor or a member of the board of assessment appeals or a collector of town taxes in any town shall be sworn before entering upon the duties of the office to which he has been elected or appointed.

      (1949 Rev., S. 525; 1953, S. 253d; P.A. 95-283, S. 23, 68.)

      History: P.A. 95-283 replaced board of tax review with board of assessment appeals, effective July 6, 1995.

      Cited. 128 C. 650.

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      Sec. 7-105a. Office of grand juror abolished. The office of grand juror is abolished. This section shall supersede any provision of any special act to the contrary.

      (1961, P.A. 15, S. 1; 517, S. 134.)

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      Sec. 7-106. Oath of grand jurors. Section 7-106 is repealed.

      (1949 Rev., S. 524; 1953, S. 254d; 1961, P.A. 15, S. 2.)

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      Sec. 7-107. Vacancy appointments by selectmen. Except as otherwise provided by law, if any vacancy occurs on any town board or commission, and such board or commission has power by law to fill such vacancy but fails to do so within thirty days after it occurs, the board of selectmen or chief executive authority of such town may appoint a qualified person to fill such vacancy until the next municipal election.

      (1953, S. 258d.)

      See Sec. 9-167a re minority representation on boards and commissions.

      Cited. 149 C. 78.

      Cited. 19 CS 318. Cited. 41 CS 267, 270.

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      Sec. 7-108. City or borough liable for damage done by mobs. Each city and borough shall be liable for all injuries to person or property, including injuries causing death, when such injuries are caused by an act of violence of any person or persons while a member of, or acting in concert with, any mob, riotous assembly or assembly of persons engaged in disturbing the public peace, if such city or borough, or the police or other proper authorities thereof, have not exercised reasonable care or diligence in the prevention or suppression of such mob, riotous assembly or assembly engaged in disturbing the public peace. Any person claiming damages under this section from any city or borough shall give written notice to the clerk of the city or borough of such claim and of the injury upon which such claim is based, containing a general description of such injury and of the time, place and cause of its occurrence, within thirty days after the occurrence of such injury; and an administrator or executor seeking to recover damages for the death of a decedent whom such administrator or executor represents shall give such written notice within thirty days after his or her appointment; provided such notice shall be given not later than four months after the date of the injury so causing the death of the decedent whom such administrator or executor represents. The expense for which such city or borough is made liable to the state under the provisions of this section shall, if more than one municipal corporation is jointly responsible for the expense aforesaid, be assessed by the Secretary of the Office of Policy and Management, the Attorney General and the Comptroller, acting as a board of assessors. Such board of assessors may apportion such expense among the different municipal corporations so jointly responsible in such manner as to it seems just. An appeal from the action of such board of assessors may be taken to the superior court for the judicial district in which the appellant city or borough is situated, and, if the cities or boroughs concerned are located in different judicial districts, then such appeal may be taken to the superior court for that judicial district in which the city or borough concerned having the largest population according to the last-preceding census is located. The amount of such assessment against any city or borough for which it is liable to the state under the provisions of this section shall be certified to the clerk of such city or borough by the Comptroller as soon as such assessment is made, and the appeal from such assessment provided herein shall be taken by such city or borough within thirty days from the receipt by it of such certificate of assessment by the Comptroller.

      (1949 Rev., S. 698; P.A. 76-436, S. 254, 681; P.A. 77-614, S. 139, 610; P.A. 78-280, S. 1, 3, 127; P.A. 80-483, S. 176, 186; P.A. 00-99, S. 23, 154; P.A. 01-195, S. 12, 181.)

      History: P.A. 76-436 included references to judicial districts and substituted superior court for court of common pleas, effective July 1, 1978; P.A. 77-614 substituted commissioner of revenue services for tax commissioner, effective January 1, 1979; P.A. 78-280 deleted references to counties; P.A. 80-483 substituted secretary of the office of policy and management for commissioner of revenue services; P.A. 00-99 deleted provision re liability of city and borough for compensation of sheriff or deputy for suppressing mob or riotous assembly and preserving public peace, effective December 1, 2000; P.A. 01-195 made technical changes for purposes of gender neutrality, effective July 11, 2001.

      See Sec. 51-197b re administrative appeals.

      Cited. 178 C. 520, 521, 523-525. Cited. 187 C. 147, 154, 158 (Diss. Op.), 162. (Diss. Op.). Cited. 208 C. 161, 167. Cited. 211 C. 501, 505.

      Cited. 28 CA 277, 281.

      Municipality not liable, when. 30 CS 67.

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      Sec. 7-109. Destruction of documents. Any official, board or commissioner of a municipality may, with the approval of the chief administrative officer of such municipality and of the Public Records Administrator, destroy any document in his or its custody relating to any matter which has been disposed of and of which no record is required by law to be kept, after such document has been held for the period of time specified in a retention schedule adopted by the Public Records Administrator. The tax collector may, with like approval, destroy any duplicate record receipt book, duplicate tax receipts or rate bills, at a time specified by the Public Records Administrator. The provisions of section 12-151 requiring the retention of duplicate tax receipts as permanent records shall not apply in the case of such receipts destroyed as provided in this section. The tax collector may, with like approval, destroy any old age assistance or personal tax records. The town clerk may, with like approval, destroy any liquor permit, any corporation annual report, any registration list of motor vehicles, any voting check list, any tax list or abstract, any tax lien, release of tax lien, attachment or any original document lodged with him for record, of which the proper owner or owners are not known to him, and which has remained in his office uncalled for, at a time specified by the Public Records Administrator. In lieu of destroying any document, under any provision of this section, any official, board or commissioner of a municipality may, with like approval, deposit the same in the custody of any society incorporated or organized under the laws of this state exclusively for historical or educational purposes; provided all documents so deposited shall be maintained and made available by such society for the use of the public. No original document dated prior to the year 1900 shall be destroyed under the provisions of this section without the express written approval of the Public Records Administrator.

      (1949 Rev., S. 695; 1953, S. 269d; 1957, P.A. 332; 1959, P.A. 144; 1963, P.A. 7; 1967, P.A. 470; P.A. 73-448; P.A. 80-338, S. 6.)

      History: 1959 act added provision for destruction of release of tax lien and copy of writ and added provision regulating destruction of documents which are recorded in town's land records; 1963 act allowed destruction of any tax list after fifteen years, former law only permitting destruction of lists dated prior to 1913; 1967 act removed prohibition against clerk or tax collector destroying records of matters not required by law to be kept, allowed such destruction according to schedule published by examiner of public records rather than after six years, allowed destruction of duplicate rate bills, personal tax records, abstracts and uncalled for or unclaimed original documents, deleted provisions for destruction of land documents, added provisions re disposition of documents for historical and educational purposes and forbade destruction of original documents dating before 1850; P.A. 73-448 replaced examiner of public records with administrator of public records, deleted specific time periods after which destruction of various records allowed, leaving their destruction subject to times set by public records administrator; P.A. 80-338 replaced "administrative head" with "chief administrative officer" and "state librarian" with "public records administrator" and replaced "1850" with "1900" in prohibition against destruction of old documents.

      See Sec. 7-14 re land records.

      See Sec. 9-307 re preservation of election check lists and certified copies of lists.

      See Sec. 11-8(b) re appointment of Public Records Administrator.

      See Sec. 11-8i et seq. re historic documents preservation grant program for municipalities.

      Duties of town clerk discussed in re zoning regulations. 155 C. 12, 20. Cited. 216 C. 253, 257, 268. Cited. 240 C. 824.

      Cited. 41 CA 641, 644; judgment reversed, see 240 C. 824.

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      Sec. 7-110. Official publications of towns, cities and boroughs to be filed in State Library. Files of the official publications of the towns, cities and boroughs of the state shall be kept in the State Library for reference. The clerk of each such town, city or borough shall send to the State Library two copies of each such publication as soon as the same is published, and copies of such previous issues of such publications as can be spared by such municipality if the same are needed by the State Library to complete its files.

      (1949 Rev., S. 694.)

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      Sec. 7-111. Proof of claims against municipality. Section 7-111 is repealed.

      (1949 Rev., S. 697; P.A. 82-327, S. 12.)

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      Sec. 7-112. Rate of wages and citizens' preference in work on public buildings. The provisions of sections 31-52, 31-53 and 31-54 shall apply to the construction, remodeling or repair of any public building by any political subdivision of this state or any of its agents.

      (1955, S. 270d.)

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      Sec. 7-113. Marking of bounds of towns, cities and boroughs. Each town, city and borough shall procure its bounds to be set out by plain and durable marks and monuments, which shall be either an iron pipe or rod, projecting at least six inches above the surface of local permanent rocks, or by stone pillars, set at least three feet in and one foot above the ground, at each angle, and once in each eighty rods in the lines running from angle to angle. Such rocks or monuments shall be plainly marked with the initials of the names of the towns adjoining.

      (1949 Rev., S. 627.)

      Cited. 10 CA 80-82, 84, 85.

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      Sec. 7-114. Renewal of boundary lines. Section 7-114 is repealed.

      (1949 Rev., S. 628; 1955, S. 259d; 1961, P.A. 517, S. 3; P.A. 79-218.)

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      Sec. 7-115. Establishment of disputed boundaries. When the selectmen of adjoining towns, or of a town and the warden and burgesses of a borough or the mayor and clerk of a city therein or adjoining, do not agree as to the place of the division line between their respective communities, the Superior Court, upon application of either, shall appoint a committee of three to fix such disputed line and establish it by suitable monuments and report their doings to said court. When such report has been accepted by said court and, together with the record of acceptance, has been lodged for record in the records of both the communities interested therein, the line so fixed and established shall thereafter be the true division line between them, and said court may allow costs at its discretion. Before such committee proceeds to fix such line or monuments as aforesaid, the members thereof shall be sworn and give notice to the parties interested of the time and place of their meeting to attend to the duties of their appointment, at least twenty days previous to the time of such meeting, by serving the same upon a majority of the selectmen of such towns, the mayor and the clerk of such city and the warden and a majority of the burgesses of the communities interested, and also by setting the same on a signpost in each of such communities, if any, or at some other exterior place near the office of the clerk of each community. All parties interested shall be entitled to be heard before such committee.

      (1949 Rev., S. 629; P.A. 84-146, S. 3.)

      History: P.A. 84-146 included a reference to posting of notice on a place other than a signpost.

      The report is final, except for fraud, misconduct or irregularity of committee. 52 C. 180.

      Cited. 10 CA 80, 84, 85.

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      Secs. 7-116 to 7-118. Street and curb lines. Sidewalks. Construction, maintenance and use of sidewalks. Sections 7-116 to 7-118, inclusive, are repealed.

      (1949 Rev., S. 630-632; 1957, P.A. 13, S. 11; 1959, P.A. 67; P.A. 82-327, S. 12.)

      See Sec. 7-148.

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      Sec. 7-118a. Curbs and sidewalks to be designed with cuts at pedestrian crosswalks. (a) All curbs and sidewalks constructed or replaced on or after January 1, 1980, shall be designed with cuts at all pedestrian crosswalks to provide adequate and reasonable access for the safe and convenient movement of physically handicapped persons. Such cuts shall meet the following specifications: (1) The cut shall have a surface that is textured and nonslip; (2) the cut shall be at least thirty-six inches wide, but not more than forty inches wide; and (3) the cut shall have a slope not greater than four degrees fifty minutes and shall blend to a common surface with the next level without use of a lip. Such cuts shall be positioned so as not to cause a safety hazard for blind pedestrians.

      (b) Any curb or sidewalk not constructed in accordance with the provisions of subsection (a) of this section shall be brought into compliance with the provisions of said subsection by the person, partnership or corporation which constructed such curb or sidewalk within ninety days from the time such person, partnership or corporation knows of such noncompliance. In the event such person, partnership or corporation fails to act in accordance with the provisions of this subsection, the state or any political subdivision thereof wherein such curb or sidewalk is located or which is responsible for the construction or replacement of such curb or sidewalk, shall bring such curb or sidewalk into compliance with the provisions of subsection (a) of this section within ninety days from the termination of the period of time provided herein for such person, partnership or corporation to bring such curb or sidewalk into compliance with the provisions of said subsection and shall be entitled to reimbursement from such person, partnership or corporation for expenses incurred in correcting such construction.

      (P.A. 75-295, S. 1, 2; P.A. 77-385; P.A. 78-64; P.A. 79-77, S. 1, 2; P.A. 80-483, S. 18, 186.)

      History: P.A. 77-385 required curb cuts after October 1, 1977, rather than after July 1, 1975, and added Subsec. (b) concerning compliance; P.A. 78-64 added specification that cuts not exceed forty inches in width; P.A. 79-77 included sidewalks under provisions, changed date to January 1, 1980, required cuts to blend with next level without lip and that they not cause hazard for the blind and provided for reimbursement to towns for reconstruction made necessary by noncompliance of constructor; P.A. 80-483 made technical changes.

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      Secs. 7-119 and 7-120. Hearing; appeal. Assignment of street numbers. Sections 7-119 and 7-120 are repealed.

      (1949 Rev., S. 633; 1953, S. 279d; P.A. 76-436, S. 255, 681; P.A. 78-280, S. 1, 127; P.A. 82-327, S. 12.)

      See Sec. 7-148 re municipal powers.

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      Sec. 7-121. Making of specific appropriations. Each city, by its common council when so authorized by its charter or by its electors in legal meeting assembled, and each town, borough or school district, by legal meeting of its voters, shall make appropriations of specific sums of money for all purposes authorized by law and provided for in the warnings of the meetings at which the appropriations are made.

      (1949 Rev., S. 624.)

      See Sec. 4-100 re penalty for exceeding appropriations.

      Scope of section. 89 C. 562. Cited. 212 C. 338, 341.

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      Sec. 7-121a. Municipal loans to nonpublic schools for construction or renovation. (a) Any municipality may, by vote of its legislative body, borrow funds on the faith and credit of such municipality for the purpose of lending such funds to any financially responsible nonpublic school located in such municipality for construction or renovation of physical facilities for educational purposes, provided the obligor in such loan is a person or persons, the board of trustees or similar body legally authorized to contract for such obligations on behalf of such school. No municipality shall, as a result of such borrowing, incur indebtedness for this purpose in excess of ten per cent of its annual receipts from taxation. No such loan shall exceed thirty per cent of the appraised fair market value of the buildings and real property of such school or forty per cent of the assessed value of the capital assets of such school, whichever is less.

      (b) Any such loan shall be used exclusively for purposes of construction or renovation of physical facilities of such school for educational purposes. Such loan shall be secured by a first mortgage on school real estate owned by said obligor and further secured by security interest or lien with respect to (1) all capital assets of said obligor held for school purposes, (2) current income on such school's endowment funds to the extent that such interest or lien may be exercised with respect to such income, (3) the proceeds of any fund raising efforts on behalf of such school by such person or persons, board of trustees or similar body. The interest rate on any such loan shall be one per cent in excess of the current borrowing rate paid by such municipality. Such loan shall be amortized in equal semiannual installments of interest and principal over not more than thirty years.

      (c) In the event of default on any installment for a period of ninety days, the entire outstanding principal balance with interest and all costs of collection including a reasonable attorney's fee shall become due and payable. In such event, such municipality shall commence and continue legal proceedings to collect the amount due such municipality.

      (P.A. 74-287, S. 1-3.)

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      Sec. 7-121b. Contracts with regional water authorities. Any municipality served by a regional water authority may enter into long-term contracts with such authority whereby such municipality agrees that it will appropriate and pay to the authority such funds as may be necessary from time to time to make up all or an agreed-upon percentage of any deficit in a special capital reserve fund established by such authority to secure bonds issued by the authority to construct or improve its water supply system.

      (P.A. 75-151; 75-567, S. 44, 80.)

      History: P.A. 75-567 substituted "municipality" for "town".

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      Sec. 7-121c. Municipal guarantee of notes and bonds issued by water authority re water distribution system. (a) Whenever any water authority incurs an indebtedness whether by the issuance of bonds, notes or otherwise by reason of the installation, enlargement or maintenance of a water distribution system within any member town, and the authority determines that the revenues and assessments reasonably anticipated by reason of such installation, enlargement or maintenance are insufficient to permit the payment of such indebtedness, the town in which such distribution system is located may, by appropriate action, guarantee the payment of definitive notes and bonds issued by the authority and thereafter from time to time lend to the authority such funds as may be required to retire such notes and bonds as the same become due together with such amounts as may from time to time be needed to satisfy interest and other charges upon such notes and bonds. Such amounts with interest at such rates per annum, not exceeding statutory limitations thereon, borrowed by the authority from such town shall be an obligation of the authority provided, such revenues and assessments as may be received by reason of the water service supplied to such town, after the payment of reasonable operating costs, shall be segregated in a separate account from other funds of the authority. Such funds shall be paid to such town from time to time in accordance with the terms of the loan until the entire amount due to such town is fully satisfied and shall be used for no other purpose. Operating costs are defined as those costs incurred in the maintenance and operation of the water distribution system including, but not limited to, the costs of physical maintenance of the installations, bookkeeping costs, the costs of surveys, soundings and examinations, employee wages and servicing of the bonds or debts of the authority other than those funds borrowed from the town in which the water distribution system is located, as the same becomes due together with such amounts as may from time to time be needed to satisfy interest and other charges upon such indebtedness.

      (b) Any funds so loaned by a town to the authority shall be evidenced by such notes or other evidences of indebtedness as may be appropriate. Any member town is authorized to enter into an agreement to lend such funds as may be required upon complying with such procedures as may be prescribed by such town for the issuance of general obligation bonds of such town provided, any such town may lend such funds as part of its general operating budget. Such funds as may be received by such town from the authority shall be used by the town as it shall determine in its budget.

      (P.A. 78-129.)

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      Sec. 7-121d. Municipality may request state review of contract with engineering consultant re waste water. Upon the request of a municipality or municipal agency the Commissioner of Environmental Protection shall review any contract between such municipality or municipal agency and an engineering consultant which concerns waste water treatment or study, if such contract involves a grant for design or construction for which state moneys will be allocated or for which the state will disburse any federal funds.

      (P.A. 78-45.)

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      Sec. 7-121e. Sewage treatment facility improvement trust fund. Any town, city or borough, and any district in which a sewage treatment facility is or may be located, may, by action of its legislative body, create a sewage treatment facility improvement trust fund. Such fund may contain any amounts authorized to be transferred to the fund by the town, city, borough or district, any moneys obtained from the state, the federal government or any other unit of government and any private contributions. Such fund shall be used for the financing of any construction, reconstruction or acquisition carried out for the improvement of a sewage treatment facility.

      (P.A. 89-318.)

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      Secs. 7-121f to 7-121l. Reserved for future use.

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      Sec. 7-121m. Notice of actions concerning real property in other municipalities. Whenever any municipality, pursuant to the general statutes or any special act, takes any action on or makes any assessment against any real property in any other municipality, the acting municipality shall be subject to all notice requirements in the same manner and to the same extent as the municipality in which the property is located would be if it were the acting municipality.

      (P.A. 83-513, S. 6.)

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      Sec. 7-122. Sites for armories. Appropriations. Any city may, acting by its legislative body, purchase or acquire land for the purpose of conveying the same to the state as the site for a state armory, whenever the General Assembly has voted to erect an armory in such city, and may appropriate sufficient funds therefor from the treasury of such city and authorize an officer of such city to execute a conveyance of such land to the state.

      (1949 Rev., S. 638.)

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      Sec. 7-122a. Municipal fallout shelters and civil preparedness facilities. Any town or city, acting by its legislative body, may provide for the acquisition, construction and installation of fallout shelters and other civil preparedness facilities and may appropriate sufficient funds therefor and may finance such acquisition, construction and installation by the issuance of bonds as provided in chapter 109.

      (1967, P.A. 371; P.A. 73-544, S. 20.)

      History: P.A. 73-544 made reference to "civil preparedness" facilities rather than "civil defense" facilities.

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      Sec. 7-122b. Allocation of funds for art work in construction or remodeling of municipal buildings. (a) For purposes of this section, the following terms have the following meanings: "Municipal building" means any building or facility owned or leased by a municipal government in the state of Connecticut and open to the public or intended for such use, exclusive of any shed, warehouse, garage or building of a temporary nature; "work of art" means art work which is to be an integrated part of such municipal building, including but not limited to, fresco, mosaic, sculpture and other architectural embellishment or functional art created by a professional artist, artisan or craftsperson, and any work of visual art which is not to be an integrated part of such municipal building, including but not limited to, a drawing, painting, sculpture, mosaic, photograph, work of calligraphy or work of graphic art or mixed media. Work of art as used in this section shall not include landscape architecture or landscape gardening.

      (b) Any municipality may, in the allocation of funds for purposes of construction, reconstruction or remodeling of any municipal building, allocate for work of art, with respect to each such project, an amount of such funds equal to one per cent or more of the total estimated cost of such construction, reconstruction or remodeling, exclusive of (1) the cost of any land acquisition, (2) any nonconstruction costs including the cost of such work of art, (3) any augmentations to such cost and (4) the amount of such costs paid for with funds derived from grants or loans from the state or the federal government. No funds derived from a grant or loan from the state or the federal government shall be allocated for work of art unless such grant or loan specifically provides for such use.

      (c) The municipality shall designate the officer or agency which shall, with respect to work of art in any such project, be responsible for selection of and contractual arrangements with any artist, artisan or craftsperson, review of any design or plan, execution and completion of such work of art and acceptance and placement of such work of art.

      (P.A. 81-164, S. 1, 2.)

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      Secs. 7-123 to 7-125. Appropriations for: Military organizations, hospitals, health care facilities and public health nursing organizations; insect and plant disease control; Memorial Day and Old Home Week. Sections 7-123 to 7-125, inclusive, are repealed.

      (1949 Rev., S. 639, 650, 651; 1957, P.A. 13, S. 17; 1971, P.A. 56; P.A. 76-92; 76-435, S. 67, 82; P.A. 82-327, S. 12.)

      See Sec. 7-148.

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      Sec. 7-125a. Appropriations to improvement associations for road maintenance. Any town which has appropriated funds to any body politic incorporated by special act as an improvement association within such town, which funds were used for the repair or maintenance of roads within the limits of such association, may continue to make such payments, if the legislative body of such town deems it in the public interest to do so.

      (1961, P.A. 412.)

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      Secs. 7-125b to 7-125d. Appropriations for assistance to nonprofit museums. Cultural commissions. Appropriations for drug abuse and dependency programs. Sections 7-125b to 7-125d, inclusive, are repealed.

      (1967, P.A. 105; 1971, P.A. 202, S. 1; 329; P.A. 82-327, S. 12.)

      See Sec. 7-148.

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      Sec. 7-126. Transportation of crippled children and children with defective eyesight. Each city, town, borough or school district is authorized to transport crippled children and children having such defective eyesight as to require transportation, from within their residences to places where medical, surgical or other treatment is to be given them, and to retransport such children from within such places to within their residences, and such transportation is declared to be in the line of governmental duty.

      (1949 Rev., S. 640.)

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      Secs. 7-127 and 7-127a. Municipal advisory welfare boards. Committees on needs of the aging. Sections 7-127 and 7-127a are repealed.

      (1949 Rev., S. 641; 1963, P.A. 540; P.A. 82-327, S. 12.)

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      Sec. 7-127b. Municipal agents for elderly persons. Responsibilities of Department of Social Services. (a) The chief elected official or the chief executive officer if by ordinance of each municipality shall appoint a municipal agent for elderly persons. Such agent shall be a member of the municipality's commission on aging, if any, a member of another agency that serves elderly persons, an elected official of the state or the municipality or a responsible resident of the municipality who has demonstrated an interest in the elderly or has been involved in programs in the field of aging.

      (b) Each municipal agent shall (1) disseminate information to elderly persons and assist such persons in learning about the community resources available to them and publicize such resources and benefits; (2) assist elderly persons in applying for federal and other benefits available to such persons; (3) submit written reports at least annually to the chief elected official, chief executive officer, legislative body and committee or commission on aging of the municipality, if any, and to the Department of Social Services on the services they have provided, the needs and problems of the elderly and any recommendations for municipal action with regard to elderly persons.

      (c) Each municipal agent shall serve for a term of two or four years, at the discretion of the appointing authority of each municipality, and may be reappointed. If more than one agent is necessary to carry out the purposes of this section, the appointing authority, in the discretion of such appointing authority, may appoint one or more assistant agents. The town clerk in each municipality shall notify the Department of Social Services immediately of the appointment of a new municipal agent. Each municipality may provide to its municipal agent resources sufficient for such agent to perform the duties of the office.

      (d) The Department of Social Services shall be responsible for assuring that the provisions of this section are being carried out by municipalities, and shall adopt and disseminate to municipalities guidelines as to the role and duties of municipal agents and such informational and technical materials to assist such agents in performance of their duties. Said department shall provide training for municipal agents in accordance with their needs and the resources of the department and in cooperation with area agencies on aging. The department shall sponsor at least one training session in each of the planning and service areas of the Department of Social Services. Such training shall include, but not be limited to, information, from updated lists, on the availability of housing. Each municipal agent shall attend at least one such session. Said department shall assist such agents to develop and maintain simple records about the needs of elderly persons and the services provided to them, which records shall be confidential and used only to provide data that is useful to the Department of Social Services and the area agencies on aging in the preparation of the annual state and area plans.

      (1972, P.A. 70; P.A. 77-447; P.A. 85-459, S. 1, 2; P.A. 88-206, S. 2; P.A. 93-262, S. 1, 87; P.A. 95-77; P.A. 01-195, S. 105, 181.)

      History: P.A. 77-447 replaced all former provisions re municipal agents for disseminating information to elderly with more detailed provisions of Subsecs. (a) to (d), inclusive; P.A. 85-459 amended Subsec. (b) to require written reports to be submitted to the state department on aging and amended Subsec. (c) to require the town clerk to notify the state department on aging of the appointment of a new municipal agent; P.A. 88-206 gave the chief elected official the authority to appoint a municipal agent and provided that the chief executive officer may also appoint if by ordinance he is given such authority in Subsec. (a), made a technical change in Subsec. (b) and required the department on aging to sponsor at least one training session and specified that the training shall include information re the availability of housing and required each municipal agent to attend at least one session in Subsec. (d); P.A. 93-262 authorized substitution of department of social services for department on aging, effective July 1, 1993; P.A. 95-77 amended Subsec. (c) to allow a municipal agent to serve a term of two or four years, at the discretion of the appointing authority, where previously terms were two years only; P.A. 01-195 made technical changes, effective July 11, 2001.

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      Sec. 7-127c. Municipal agents for children. (a) The chief elected official or the chief executive officer of each municipality may appoint a municipal agent for children. Such agent shall be an elected official of the state or the municipality, a member of an agency that serves children, a youth service bureau in the municipality or a responsible resident of the municipality who has demonstrated an interest in children or has been involved in programs in the field of child development.

      (b) The duties of a municipal agent may include, but not be limited to, (1) annually determining the capacity of the municipality to provide services beneficial to children and families living in the municipality and coordinating such services provided by the state, the municipality and community-based organizations; (2) disseminating information to families with children and assisting such families in learning about the resources available to them; (3) assisting families with children in applying for available child day care subsidies; and (4) annually submitting a written report to the chief elected official, chief executive officer and legislative body of the municipality, on the services he has provided, his findings concerning the needs and problems of children in the municipality and recommendations for improving services for such children.

      (c) Each municipal agent shall serve for a term of two years and may be reappointed. If more than one agent is necessary to carry out the purposes of this section, the appointing authority, in his discretion, may appoint one or more assistant agents. The town clerk in each municipality shall notify the Commissioner of Education immediately of the appointment of a municipal agent. Each municipality may provide to its municipal agent resources sufficient for such agent to perform the duties of the office.

      (d) The Department of Education may adopt and disseminate to municipalities guidelines as to the role and duties of municipal agents and such informational and technical materials as may assist such agents in the performance of their duties. The department, in collaboration with the Commission on Children, may provide training for municipal agents within the available resources of the department and the commission.

      (P.A. 92-247; P.A. 93-91, S. 1, 2; P.A. 95-339, S. 5, 8.)

      History: P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-339 amended Subsecs. (c) and (d) to substitute Commissioner and Department of Education for Commissioner and Department of Children and Families, effective July 1, 1995.

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      Sec. 7-127d. Neighborhood youth center grant program. (a) There is established a neighborhood youth center grant program which shall be administered by the Office of Policy and Management, except that operation of the program shall be suspended for the fiscal years ending June 30, 2004, and June 30, 2005.

      (b) Grants may be made to city and nonprofit agencies serving the cities of Bridgeport, New Haven, Hartford, New Britain, Norwalk, Stamford and Waterbury for the purpose of supporting neighborhood centers for youths between twelve and seventeen years of age. Agencies serving each eligible city may receive from the funds authorized for the program an amount that is proportionate to the population of the city between twelve and seventeen years of age whose families have incomes below the federal poverty level determined from 1990 data of the United States Bureau of the Census as a percentage of the aggregate population of such ages and family income level in all eligible cities in the state, except that the cities of Bridgeport, New Haven and Hartford shall receive grants in equal amounts based on the average of the funds otherwise allocated among the three cities from such formula.

      (c) Seventy-five per cent of all grants made (1) pursuant to sections 7-127d to 7-127g, inclusive, and (2) to municipalities which, in the aggregate, receive seventy-five thousand dollars or more, shall be made to cities and nonprofit agencies providing on-site athletic or recreational programs.

      (d) Neighborhood youth center programs shall include the following components: (1) A neighborhood center, at a location convenient for youths within the neighborhood to be served, that is open regular hours including, but not limited to, evenings, weekends, school vacations and the summer and where all the other program components could be delivered; (2) athletic and recreational opportunities; (3) enrichment or tutoring activities; (4) skills training in areas such as problem-solving, decision-making, conflict resolution, peer counseling and life skills; (5) parent involvement in planning the grant initially and on an ongoing basis; (6) youth involvement, including, but not limited to, input into the planning and management of the program and youth leadership development activities; and (7) maximum use of existing neighborhood services for youths.

      (e) Neighborhood youth center programs may include the following components: (1) Matching youths on a one-to-one basis with positive adult role models; (2) vocational training and job placement; (3) preventive and interventive services for youths and their families; and (4) cultural opportunities.

      (May Sp. Sess. P.A. 94-6, S. 5, 28; P.A. 95-351, S. 23, 30; P.A. 96-226, S. 1, 4; June 30 Sp. Sess. P.A. 03-6, S. 185.)

      History: May Sp. Sess. P.A. 94-6 effective July 1, 1994; P.A. 95-351 amended Subsec. (b) by requiring Bridgeport, New Haven and Hartford to receive grants in equal amounts, effective July 1, 1995; P.A. 96-226 amended Subsec. (b) to eliminate schools from eligibility for grants, inserted new Subsec. (c) re percentage of grants for on-site athletic or recreational activities, relettering former Subsec. (c) as Subsecs. (d) and (e) and amended Subsecs. (d) and (e) to require such programs to be at only one location within the neighborhood being served and to make certain activities mandatory and certain activities optional in such programs, effective July 1, 1996; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) to suspend operation of program for the fiscal years ending June 30, 2004, and June 30, 2005, effective August 20, 2003.

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      Sec. 7-127e. Application. Matching funds. Advisory committee for grant application review. (a) The Office of Policy and Management shall solicit competitive proposals under this program for the fiscal years beginning July 1, 1996, and July 1, 1999, and every two years thereafter, except that no competitive proposals shall be solicited for the fiscal years ending June 30, 2004, and June 30, 2005. The Office of Policy and Management shall notify the eligible agencies of the amount of funds provided for each city in accordance with section 7-127d. Eligible agencies may file a grant application with the Office of Policy and Management on such form and at such time as that office may require.

      (b) Grant funds made available for the provisions of sections 7-127d to 7-127g, inclusive, shall not be used to supplant existing services. A minimum of twenty-five per cent of the total program costs for each neighborhood youth center program shall be supported with local funds or in-kind contributions which may include federal, local and private funds which support existing services.

      (c) The Office of Policy and Management shall review all grant applications received and make the decisions concerning which applications shall be funded and at what funding levels. Criteria for such decisions shall include (1) documentation of need for the program through crime and poverty statistics for the neighborhood to be served; (2) responsiveness to program component requirements; (3) reasonableness of costs; (4) soundness of program plan; (5) experience of the applicant agency in providing youth recreational services; and (6) evidence of collaboration and coordination with other children's services providers in the neighborhood. The Office of Policy and Management shall convene and chair an advisory committee to assist in grant application review. Such committee shall include representatives of the Office of Policy and Management, the Judicial Department, and the Departments of Children and Families, Education, Public Health and Social Services.

      (May Sp. Sess. P.A. 94-6, S. 6, 28; P.A. 95-257, S. 12, 21, 58; P.A. 96-226, S. 2-4; June 30 Sp. Sess. P.A. 03-6, S. 186.)

      History: May Sp. Sess. P.A. 94-6 effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-226 amended Subsec. (a) to require the solicitation of competitive proposals for the fiscal years beginning July 1, 1996, and July 1, 1999, and every two years thereafter and allowed the Office of Policy and Management to designate when agencies may file a grant application, replacing provision which had specified application date, and amended Subsec. (c) to add Subdiv. (6) including evidence of collaborations and coordinations with other children's services providers in the neighborhood as criteria for funding, effective July 1, 1996; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) to prohibit solicitation of competitive proposals for the fiscal years ending June 30, 2004, and June 30, 2005, effective August 20, 2003.

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      Sec. 7-127f. Quarterly reports. Audit. Grantees shall submit to the Office of Policy and Management on a quarterly basis program and financial reports on such forms as the office may require. In accordance with the provisions of sections 4-230 to 4-236, inclusive, and regulations adopted thereunder, each grantee shall file an appropriate audit of grant funds with the Office of Policy and Management on or before December first of the fiscal year following the grant year.

      (May Sp. Sess. P.A. 94-6, S. 7, 28.)

      History: May Sp. Sess. P.A. 94-6 effective July 1, 1994.

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      Sec. 7-127g. Annual reports to the General Assembly. Each municipality which receives a grant pursuant to sections 7-127d to 7-127f, inclusive, for the fiscal year ending June 30, 1995, shall submit a report to the General Assembly, in accordance with the provisions of section 11-4a, which sets forth all funds received by such municipality from state, local, federal or private sources for youth centers and after-school programs. Such report shall be submitted on or before February 15, 1995. Any municipality which receives a grant pursuant to sections 7-127d to 7-127f, inclusive, for the fiscal year ending June 30, 1996, or any subsequent fiscal year, shall submit such report not later than February fifteenth of the fiscal year in which such grant is received.

      (May Sp. Sess. P.A. 94-6, S. 8, 28; P.A. 96-180, S. 5, 166.)

      History: May Sp. Sess. P.A. 94-6 effective July 1, 1994; P.A. 96-180 made technical changes re section cites, effective June 3, 1996.

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      Secs. 7-128 and 7-129. Public squares and parks. Gifts for parks. Sections 7-128 and 7-129 are repealed.

      (1949 Rev., S. 644, 645; 1957, P.A. 13, S. 14; P.A. 82-327, S. 12.)

      See Sec. 7-148.

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      Sec. 7-129a. Park and recreation capital and nonrecurring expense fund. (a) As used in this section, "municipality" means any city, town, borough, district or association with municipal powers which has within its jurisdiction and subject to its authority, holds or acquires any land or facilities for park or recreational use; "recreation authority" means the committee or commission within the government of a municipality responsible for the administration or supervision of parks or recreation, the legislative body of any municipality which has no such committee or commission, or the board of selectmen of any town which has no such committee or commission and the legislative body of which is the town meeting or representative town meeting.

      (b) Any municipality, by vote of its legislative body, may establish a special fund, which shall be known as the park and recreation capital and nonrecurring expense fund. There shall be deposited in said fund (1) all moneys received by the municipality, from whatever source and by whatever means, as gifts for park or recreation purposes; (2) all moneys received by the municipality, from whatever source and by whatever means, as governmental grants or loans for park or recreational purposes; (3) all moneys received by the municipality from the sale or voluntary or involuntary conveyance of land used for park or recreational purposes, and (4) all moneys appropriated to said fund by the municipality.

      (c) Said fund shall be in the custody of the treasurer or other officer in charge of funds of the municipality. All or any part of the moneys in said fund may, from time to time, be invested in any securities in which public funds may lawfully be invested. All income derived from such investments shall be paid into the fund and become a part thereof. The moneys so invested shall at all times be subject to withdrawal from such investment for use as provided in subsection (e).

      (d) Annually, the treasurer or other officer having custody of said fund shall submit to the recreation authority and to the legislative body of the municipality a complete and detailed report of the condition of said fund, which report shall be made a part of the annual municipal report.

      (e) Upon authorization of the body in such municipality having the power of appropriation, the moneys in said fund may be used for capital and nonrecurring expenditures incurred in any of the following: (1) Acquisition, development, improvement, maintenance and expansion of park and recreation lands; (2) acquisition, erection, installation, maintenance, improvement, repair and replacement of park or recreation facilities and equipment; (3) development, establishment and improvement of park or recreation programs; (4) any other capital or nonrecurring expenditure incurred for park or recreational purposes.

      (f) No budget proposed or approved or appropriation made for park or recreational purposes in any municipality shall be reduced, ratably or otherwise, in consideration of any moneys in said fund.

      (1967, P.A. 438, S. 1-7.)

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      Sec. 7-130. Playgrounds and recreation centers. Section 7-130 is repealed.

      (1949 Rev., S. 646; P.A. 82-327, S. 12.)

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      Sec. 7-130a. Public recreational facilities authorities. Definitions. As used in sections 7-130a to 7-130w, inclusive, the following words and terms shall have the following meanings unless the context indicates another meaning or intent:

      (a) "Authority" means an authority created under the provisions of sections 7-130a to 7-130w, inclusive, or, if any such authority is abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by said sections to such authority shall be given by law.

      (b) "Municipality" means any town, city or borough, whether consolidated or unconsolidated.

      (c) "Federal agency" means and includes the United States of America or any department, bureau, agency or instrumentality thereof.

      (d) "Project" or "projects" or "public facility" or "public facilities" means any one or more of the following: Public golf courses, bathing beaches, swimming pools, marinas or small craft harbors, tennis courts, facilities for camping, fishing and hunting, playgrounds, gymnasiums, playing fields, indoor recreation centers, auditoriums, exhibition halls, museums, aquariums, shipbuilding and other maritime arts and trades demonstration facilities, stadiums, hockey rinks and ski tows and other skiing facilities, as such terms are generally used, and parking facilities and other facilities for the public convenience in connection with any of the foregoing, including all buildings, structures and other facilities for the public convenience, including but not limited to restaurants and other concessions, and appurtenances thereto which the authority may deem necessary and desirable, together with all property, real or personal, rights, easements and interests which may be acquired by the authority or any person contracting with the authority, for the construction, improvement and operation of any of the foregoing.

      (e) "Cost" as applied to any project shall include the cost of acquisition or construction, the cost of any subsequent additions thereto or expansion thereof, the cost of the acquisition of all land, rights-of-way, property rights, easements and interests acquired by the authority for such construction, additions or expansion, the cost of demolishing or removing any building or structure on land so acquired, including the cost of acquiring any lands to which such building or structures may be moved, the cost of dredging and filling underwater areas, the cost of all equipment, financing charges, insurance, interest prior to and during such construction, and during the construction of any addition or expansion, and, if deemed advisable by the authority, for a period not exceeding one year after completion of such construction, addition or expansion, the cost of surveys, engineering and architectural expenses, borings, plans and specifications and other engineering and architectural services, legal expenses, administrative expenses and such other expenses as may be necessary or incident to the construction of the project, and of such subsequent additions thereto or expansion thereof, and the cost of financing such construction, additions or expansion and placing the project and such additions or expansion in operation.

      (f) "Bonds" means any bonds, notes, interim certificates, debentures or other obligations issued by an authority pursuant to sections 7-130a to 7-130w, inclusive.

      (February, 1965, P.A. 460, S. 1; 1967, P.A. 810, S. 1; P.A. 85-543, S. 1, 7.)

      History: 1967 act extended definition in Subsec. (d) to cover public facilities; P.A. 85-543 amended Subsec. (d) to include museums, aquariums, shipbuilding and other maritime arts and trades demonstration facilities in the definition of project, to include restaurants and other concessions and to add reference to persons contracting with an authority.

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      Sec. 7-130b. Creation of authority. Joining and withdrawal. (a) The legislative body of any municipality may, by ordinance, create an authority under an appropriate name and title containing the word "authority", which may also be constituted a departmental unit of such municipality, or may designate any existing departmental unit of such municipality as such authority. Two or more municipalities may, by concurrent ordinances of their legislative bodies, create such an authority. Such ordinances shall contain a brief statement of the purpose of the authority and shall set forth the articles of incorporation of the authority as follows: (1) The name of the authority and address of its principal office and, where applicable, a statement that the authority is constituted as a departmental unit of such municipality or that an existing municipal department is designated as such authority; (2) a statement that the authority is created under sections 7-130a to 7-130w, inclusive; (3) the name of each participating political subdivision; (4) the names, addresses and terms of office of the first members of the authority, except in the case where the authority is constituted a departmental unit or an existing municipal department is designated as such authority, in which case the name of such department and its office address shall be given; and (5) the purpose or purposes for which the authority is to be created.

      (b) Passage of such ordinance or ordinances by the legislative body or bodies shall constitute the authority a public body politic and corporate of the state, except where such authority is or becomes a departmental unit of such municipality as herein provided.

      (c) Any municipality may become a member of an existing authority upon such terms and conditions as the authority may determine. Any municipality which is a member of an existing authority may by vote of its legislative body elect to withdraw from such authority. Such withdrawal shall be effective only upon such terms and conditions as the authority may require and after compliance with the terms and conditions contained in any contracts between such municipality or the authority and the holders of any bonds of the authority. No such withdrawal shall relieve such municipality of any liability incurred by it as a member of the authority or as a user of any of its projects.

      (February, 1965, P.A. 460, S. 2; 1967, P.A. 810, S. 2.)

      History: 1967 act allowed authorities to be existing or newly created departments of municipalities and changed provisions accordingly.

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      Sec. 7-130c. Commission to exercise powers of authority. Transfer of authority to municipal department and vice versa. (a) Except as provided in subsection (b) of this section, the powers of the authority shall be exercised by a commission which shall consist of not less than five nor more than nine members who shall be appointed by the legislative bodies of the participating municipalities and who shall be selected in the manner and for the terms provided by the ordinance creating the authority. The members of the commission shall elect one of their number chairman and shall elect a secretary and treasurer who need not be members of the commission. The offices of secretary and treasurer may be combined. A majority of the members of the commission shall constitute a quorum and the vote of a majority of such members shall be necessary for any action taken by the authority. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. The members of the commission shall be reimbursed for the amount of actual expenses incurred by them in the performance of their duties. The legislative bodies of the participating municipalities may provide for compensation of the members of the commission.

      (b) All the foregoing provisions of subsection (a) of this section shall not, however, apply in the event such authority is or becomes a municipal departmental unit as provided in section 7-130b, in which case the powers of the authority shall be exercised by said department in the usual and normal manner in which it functions as such a departmental unit of the municipality under the rules and regulations of said department and the ordinances and the charter of said municipality.

      (c) If an authority constituted as a municipal departmental unit in any municipality as provided in section 7-130b, is replaced by an authority operating through a commission, the ordinance establishing such succeeding authority may provide that the employees of such succeeding authority shall be deemed to be employees of such municipality for all purposes, and such municipality shall be deemed to be the employer for purposes of section 7-467; provided that such ordinance may provide that some or all of such employees of such succeeding authority shall not be subject to the classified civil service requirements of such municipality.

      (February, 1965, P.A. 460, S. 3; 1967, P.A. 810, S. 3; P.A. 78-376, S. 1, 6.)

      History: 1967 act added Subsec. (b) excepting authorities which are departments from provisions of Subsec. (a); P.A. 78-376 added Subsec. (c) re switch from department authority to commission authority.

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      Sec. 7-130d. Powers of authority. Each authority shall be deemed to be an instrumentality exercising public and essential government functions to provide for the public health and welfare, and, except as provided in subsection (l) hereof, each such authority is authorized and empowered: (a) To have existence for such term of years as is specified by the participating municipalities; (b) to contract and be contracted with; to sue and be sued; to make and, from time to time, amend and repeal bylaws, rules and regulations not inconsistent with general law to carry out its purposes; and to adopt a corporate seal and alter the same at its pleasure; (c) to acquire, purchase, lease as lessee, construct, reconstruct, improve, extend, operate and maintain projects within or without any of the participating municipalities; and to acquire by gift or purchase lands or rights-in-land in connection therewith and to sell, lease as lessor, transfer or dispose of any property or interest therein acquired by it, at any time; (d) to lease all or any part of any project upon any such terms or conditions and for such term of years as it may deem advisable where, in the opinion of the authority, such leasing is for commercial uses related to the public uses of the project or unrelated to the public uses of the project but necessary and feasible for the financing or operation of the project; (e) to regulate the uses of all lands and facilities under control of the authority, subject to land use regulations of the municipality in which such lands or facilities are located; (f) to fix and revise from time to time and to charge and collect fees, rents and other charges for the use of any project or facilities thereof, and to establish and revise from time to time regulations in respect of the use, operation and occupancy of any such project or facilities thereof; (g) to enter into contracts with any participating municipality, the state or any political subdivision, agency or instrumentality thereof, any federal agency or any private corporation, copartnership, association or individual, providing for or relating to any project; (h) to accept grants and gifts from any participating municipality, the state or any political subdivision, agency or instrumentality thereof, any federal agency and from any private corporation, copartnership, association or individual; (i) to issue bonds and refunding bonds of the authority, such bonds to be payable solely from funds of the authority; (j) to make and enter into all contracts and agreements necessary or incidental to the performance and execution of its duties and the execution of its powers under sections 7-130a to 7-130w, inclusive, including a trust agreement or trust agreements securing any bonds or refunding bonds issued hereunder; (k) to do all acts and things necessary or convenient to carry out the powers granted by said sections; and (l) in the case of an authority being or becoming a municipal departmental unit as herein provided, the exercise of any of its powers shall be subject to the approval of the local legislative body.

      (February, 1965, P.A. 460, S. 4; 1967, P.A. 810, S. 4.)

      History: 1967 act added Subdiv. (l) re municipal department authorities.

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      Sec. 7-130e. Municipalities may grant property and money to authority. Each participating municipality may (a) transfer jurisdiction over, lease, lend, grant or convey to the authority at its request, with or without consideration, such real or personal property as may be necessary or desirable to carry out the purposes of the authority, upon such terms and conditions as the legislative body of such municipality determines to be for its best interests; and (b) make appropriations and provide funds for any purpose of the authority, including the acquisition, construction, improvement and operation of any project or facilities thereof and payment of principal and interest on its indebtedness.

      (February, 1965, P.A. 460, S. 5.)

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      Sec. 7-130f. Operation of projects. The authority may acquire or construct and maintain and operate any one or more projects under sections 7-130a to 7-130w, inclusive, in such manner as the authority may determine, and the authority may operate each project separately or it may operate one or more projects together. The authority shall have exclusive control over the revenues derived from its operations and may use revenues from one project in connection with any other project. No person, firm, association or corporation shall receive any profit or dividend from the revenues, earnings or other funds or assets of the authority other than for debts contracted, for services rendered, for materials and supplies furnished and for other value actually received by the authority. All of the foregoing provisions of this section are subject to the approval of the legislative body in those cases where the authority is or becomes a municipal departmental unit.

      (February, 1965, P.A. 460, S. 6; 1967, P.A. 810, S. 5.)

      History: 1967 act required approval of legislative body for actions taken by municipal department authorities.

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      Sec. 7-130g. Bond issues. (a) The authority may issue bonds from time to time in its discretion, subject to the approval of the legislative body when required by the provisions of sections 7-130a to 7-130w, inclusive, for the purpose of paying all or any part of the cost of acquiring, purchasing, constructing, reconstructing, improving or extending any project and acquiring necessary land and equipment therefor. The authority may issue such types of bonds as it may determine, including, without limiting the generality of the foregoing, bonds payable as to principal and interest: (1) From its revenues generally; (2) exclusively from the income and revenues of a particular project; or (3) exclusively from the income and revenues of certain designated projects, whether or not they are financed in whole or in part from the proceeds of such bonds. Any such bonds may be additionally secured by a pledge of any grant or contribution from a participating municipality, the state or any political subdivision, agency or instrumentality thereof, any federal agency or any private corporation, copartnership, association or individual, or a pledge of any income or revenues of the authority, or a mortgage on any project or other property of the authority. Whenever and for so long as any authority has issued and has outstanding bonds pursuant to sections 7-130a to 7-130w, inclusive, the authority shall fix, charge and collect rates, rents, fees and other charges in accordance with the second sentence of section 7-130i. Neither the commissioners of the authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of the authority, and such bonds and obligations shall so state on their face, shall not be a debt of the state or any political subdivision thereof, except when the authority or a participating municipality which in accordance with section 7-130s has guaranteed payment of principal and of interest on the same, and no person other than the authority or such a public body shall be liable thereon, nor shall such bonds or obligations be payable out of any funds or properties other than those of the authority or such a participating municipality. Except to the extent and for the purpose therein expressly provided by other laws, such bonds shall not constitute an indebtedness within the meaning of any statutory limitation on the indebtedness of any participating municipality. Bonds of the authority are declared to be issued for an essential public and governmental purpose. In anticipation of the sale of such revenue bonds the authority may issue negotiable bond anticipation notes and may renew the same from time to time, but the maximum maturity of any such note, including renewals thereof, shall not exceed five years from the date of issue of the original note. Such notes shall be paid from any revenues of the authority available therefor and not otherwise pledged, or from the proceeds of sale of the revenue bonds of the authority in anticipation of which they were issued. The notes shall be issued in the same manner as the revenue bonds. Such notes and the resolution or resolutions authorizing the same may contain any provisions, conditions or limitations which a bond resolution of the authority may contain.

      (b) Bonds of the authority may be issued as serial bonds or as term bonds, or the authority, in its discretion, may issue bonds of both types. Bonds shall be authorized by resolution of the members of the authority and shall bear such date or dates, mature at such time or times, not exceeding fifty years from their respective dates, bear interest at such rate or rates, or have provisions for the manner of determining such rate or rates, payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption, as such resolution or resolutions may provide. The revenue bonds or notes may be sold at public or private sale for such price or prices as the authority shall determine. Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates which shall be exchanged for such definitive bonds.

      (c) Any resolution or resolutions authorizing any revenue bonds or any issue of revenue bonds may contain provisions, which shall be a part of the contract with the holders of the revenue bonds to be authorized, as to: (1) Pledging all or any part of the revenues of a project or any revenue-producing contract or contracts made by the authority with any individual, partnership, corporation or association or other body, public or private, to secure the payment of the revenue bonds or of any particular issue of revenue bonds, subject to such agreements with bondholders as may then exist; (2) the rentals, fees and other charges to be charged, and the amounts to be raised in each year thereby, and the use and disposition of the revenues; (3) the setting aside of reserves or sinking funds or other funds or accounts as the authority may establish and the regulation and disposition thereof, including requirements that any such funds and accounts be held separate from or not be commingled with other funds of the authority; (4) limitations on the right of the authority or its agent to restrict and regulate the use of the project; (5) limitations on the purpose to which the proceeds of sale of any issue of revenue bonds then or thereafter to be issued may be applied and pledging such proceeds to secure the payment of the revenue bonds or any issue of the revenue bonds; (6) limitations on the issuance of additional bonds; the terms upon which additional bonds may be issued and secured; the refunding of outstan