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Connecticut Special Acts 1996

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Senate Bill No. 670

SPECIAL ACT NO. 96-17

AN ACT CONCERNING THE POWERS OF THE DEER ISLAND ASSOCIATION.

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

Section 1. Section 5 of number 254 of the special acts of 1929, as amended by section 1 of number 453 of the special acts of 1957, is amended to read as follows:

(a) Said association shall have power to make, enact, alter and repeal by-laws, rules, regulations and ordinances for the purpose of promoting the health, safety and general welfare of the property owners within its limits, to prescribe fines and penalties for violations thereof not exceeding fifty dollars for any one offense and, through its president, to institute prosecution for any violation thereof in the justice court of the town of Morris.

(b) IN ADDITION TO ANY OF THE POWERS GRANTED TO SAID ASSOCIATION ABOVE OR PURSUANT TO THIS CHARTER, THE ASSOCIATION SHALL ALSO HAVE THE FOLLOWING POWERS: (1) TO ACQUIRE, HOLD AND CONVEY ANY ESTATE, REAL OR PERSONAL; (2) TO CONTRACT AND BE CONTRACTED WITH, SUE AND BE SUED, AND INSTITUTE, PROSECUTE, MAINTAIN AND DEFEND ANY ACTION OR PROCEEDING IN ANY COURT OF COMPETENT JURISDICTION; AND (3) ALL POWERS GRANTED TO MUNICIPALITIES PURSUANT TO CHAPTER 109 OF THE GENERAL STATUTES, INCLUDING BUT NOT LIMITED TO, THE AUTHORITY TO ISSUE BONDS PURSUANT TO SECTION 7-369 OF THE GENERAL STATUTES PROVIDED, HOWEVER, THAT ANY BORROWING SUBJECT TO THIS SUBSECTION MUST BE AUTHORIZED BY AFFIRMATIVE VOTE OF THE ASSOCIATION AT ANY DULY-NOTICED ANNUAL OR SPECIAL MEETING OF THE ASSOCIATION. SUCH POWERS SHALL INCLUDE WITHOUT LIMITATION, THE POWER TO BORROW MONEY AND ENTER INTO LOAN AGREEMENTS AND IN CONNECTION THEREWITH TO PLEDGE, HYPOTHECATE, LIEN, ENCUMBER AND MORTGAGE ITS PROPERTY REAL AND PERSONAL, INCOME, ASSESSMENTS, TAXES, AND ASSETS AND TO ISSUE PROMISSORY NOTES, BONDS, AND OTHER EVIDENCES OF INDEBTEDNESS. THE TOTAL AGGREGATE AMOUNT OWED AND OUTSTANDING BY THE ASSOCIATION WHETHER IN BONDS OR BORROWING, OR BOTH, SHALL NOT EXCEED FOUR HUNDRED THOUSAND DOLLARS.

Sec. 2. Section 16 of number 254 of the special acts of 1929 is amended to read as follows:

All the costs and expense incurred by said board of directors in the discharge of its duties and in the exercise of its powers shall be paid by said association as provided in section 7 of this charter. THE ANNUAL OPERATING EXPENDITURES WHICH THE BOARD OF DIRECTORS IS AUTHORIZED TO SPEND IN THE OPERATION OF THE ASSOCIATION AND THE PROPOSED MILL RATE FOR THE FISCAL YEAR SHALL BE CONTAINED IN AN ANNUAL OPERATING BUDGET WHICH SHALL BE APPROVED BY THE MEMBERSHIP AT AN ANNUAL BUDGET MEETING TO BE HELD IN THE MONTH OF MAY BUT NOT LATER THAN THE THIRD SATURDAY IN MAY. SUCH EXPENDITURES MAY NOT BE EXCEEDED UNLESS APPROVED PREVIOUSLY BY THE MEMBERSHIP OF THE ASSOCIATION AT A DULY-NOTICED SPECIAL MEETING; PROVIDED, HOWEVER, THAT SAID BUDGET MAY ALLOW FOR A LINE ITEM FOR CONTINGENCY FUNDS, AND THE BOARD OF DIRECTORS MAY APPROVE TRANSFERS BETWEEN LINE ITEMS WITHOUT PRIOR ASSOCIATION APPROVAL. THE ASSOCIATION SHALL HAVE THE POWER TO MAKE, ENACT, ALTER AND REPEAL BY-LAWS, RULES, REGULATIONS AND ORDINANCES REGARDING THE RATIFICATION AND ADOPTION OF AN ANNUAL OPERATING BUDGET.

Sec. 3. Section 17 of number 254 of the special acts of 1929 is amended to read as follows:

(a) Said board may appoint a chairman, a clerk and a treasurer, and all warnings, notices, orders and by-laws provided for herein may be signed by such clerk, and such clerk shall keep a record of all votes, orders and acts of said board and of said association. The treasurer shall receive all moneys due to said association and shall pay out the same upon the order of the board of directors and shall keep an account of all moneys received and of all moneys paid out and shall report the same to the next annual meeting of said association. [The chairman shall preside at all meetings of said board and of said association.]

(b) The treasurer of said association shall furnish such bonds as shall be satisfactory to the board of directors as to amount and surety, and all checks signed by said treasurer shall be countersigned by the chairman. THE TREASURER SHALL BE RESPONSIBLE FOR PREPARING AN ANNUAL FINANCIAL STATEMENT OF THE ASSOCIATION WITHIN NINETY DAYS FOLLOWING THE END OF EACH FISCAL YEAR OF THE ASSOCIATION. A COPY OF THE FINANCIAL STATEMENT SHALL BE PROVIDED TO ALL MEMBERS OF THE ASSOCIATION.

(c) THE CHAIRMAN SHALL BE THE CHIEF EXECUTIVE AND OPERATING OFFICER OF THE BOARD OF DIRECTORS AND THE ASSOCIATION AND SHALL HAVE THE FOLLOWING POWERS AND DUTIES: (1) TO SIGN AND MAKE ALL DOCUMENTS, INSTRUMENTS, CONTRACTS AND AGREEMENTS IN THE NAME OF THE ASSOCIATION, UPON AUTHORIZATION BY THE BOARD OF DIRECTORS; (2) TO PRESIDE AT ALL MEETINGS OF THE BOARD OF DIRECTORS AND THE ASSOCIATION; (3) TO ENFORCE THE PROVISIONS OF THIS CHARTER; AND (4) TO PERFORM ALL DUTIES INCIDENT TO THE POSITION AND OFFICE, AND WHICH ARE REQUIRED BY LAW.

Approved June 12, 1996. Effective June 12, 1996.

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