CHAPTER 102a MUNICIPAL WATER AUTHORITIES

CHAPTER 102a
MUNICIPAL WATER AUTHORITIES

Table of Contents

Sec. 7-244g. Definitions. Creation of authority. Consideration. Treatment of employees.
Sec. 7-244h. Powers of authority.
Sec. 7-244i. Taxation of authority. Payments in lieu of property taxes.
Sec. 7-244j. Annual audit.
Sec. 7-244k. Jurisdiction over authority.
Sec. 7-244l. Rights to interests in land.
Sec. 7-244m. Assignment of liens.
Sec. 7-244n. Liability.
Sec. 7-244o. State pledge to holders of bonds.
Sec. 7-244p. Bonds as legal investments.
Sec. 7-244q. Issuance of bonds.
Sec. 7-244r. Provisions of chapter controlling over conflicting laws.
Sec. 7-244s. Appeal from decisions of authority.

Sec. 7-244g. Definitions. Creation of authority. Consideration. Treatment of employees. (a) As used in this section and sections 7-244h to 7-244s, inclusive:

(1) "Authority" means a municipal water authority created under the provisions of this section and sections 7-244h to 7-244s, inclusive;

(2) "Bonds" means any bonds, notes or other obligations or indebtedness issued by an authority pursuant to the provisions of this section and sections 7-244h to 7-244s, inclusive, and any bonds the proceeds of which are used to refund or defease such bonds;

(3) "Cost" or "costs", as applied to any system, means any and all fees, costs and expenses of an authority directly or indirectly related in any manner to the business of the authority, including the acquisition, ownership, lease, operation, management, repair, maintenance, expansion, alteration, conveyance or other disposition of a system, or any other property of an authority, whether real or personal, tangible or intangible;

(4) "Constituent municipality" means an eligible municipality that has created an authority pursuant to the provisions of this section and sections 7-244h to 7-244s, inclusive;

(5) "Eligible municipality" means any consolidated town and city that has a population of more than one hundred thousand people;

(6) "Municipality" means any town, city, borough, consolidated town and city or consolidated town and borough; and

(7) "System" means plants, structures and any interests in any other property, real or personal, tangible or intangible, acquired, constructed, operated or used in connection with accumulating, supplying or distributing water, including land, reservoirs, basins, dams, canals, aqueducts, standpipes, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, waterworks or sources of water supply, wells, purification or filtration plants or other plants and works, connections, rights of flowage or diversion and other plants, structures, conveyances, property, real or personal, tangible or intangible, or rights therein and appurtenances necessary or useful and convenient for the accumulation, supply or distribution of water.

(b) Notwithstanding the provision of any general statute, special act, municipal charter or ordinance, any eligible municipality may, by ordinance of its legislative body, adopt and exercise the powers granted to an eligible municipality pursuant to the provisions of this section and sections 7-244h to 7-244s, inclusive, and create an authority, which shall be a public corporation, created for the purposes, charged with the duties and granted the powers provided in this section and sections 7-244h to 7-244s, inclusive, and transfer to an authority, by sale, lease, gift or otherwise, all or any portion of a system in accordance with applicable provisions of this section and sections 7-244h to 7-244s, inclusive, and applicable provisions of the constituent municipality's charter and ordinances, including any referendum requirements concerning such transfer by sale, lease, gift or otherwise and excluding charter or ordinance provisions concerning or related to bidding or proposals for sale or lease of the constituent municipality's property. The ordinance creating such authority shall contain a brief statement of the purpose of such authority and shall set forth the articles of incorporation of such authority, as follows: (1) The name of the authority and the initial address of its principal office; (2) a statement that the authority is created as an authority under this section and sections 7-244h to 7-244s, inclusive; (3) the number, method of appointment and removal, terms of office and method of determining compensation, if any, of the directors of such authority; (4) provisions for the termination of such authority; and (5) such other information as the constituent municipality elects to include in the ordinance creating such authority.

(d) Upon the adoption of such ordinance or ordinances by the legislative body of the constituent municipality creating an authority, the approval of a preliminary plan of operation for such authority by the Commissioners of Environmental Protection and Public Health, and the filing of the articles of incorporation of such authority with the Secretary of the State, the authority created thereby shall constitute a public body politic and corporate of the state, and a political subdivision of the state established and created for the performance of an essential public and governmental function. Notwithstanding the provisions of any general statute, special act, charter or ordinance, the approval of the preliminary plan of operation by the Commissioners of Environmental Protection and Public Health shall constitute the sole approvals required from the state for the creation of an authority and the transfer of a system, by sale, lease, gift or otherwise, from a constituent municipality to an authority, under this section and sections 7-244h to 7-244s, inclusive.

(e) Notwithstanding the provisions of any general statute, special act, charter or ordinance, the amount of consideration to be paid by an authority to its constituent municipality for the sale or lease of a system shall equal the fair market value determined pursuant to a valuation analysis based upon an income approach to value and accepted by ordinance of the constituent municipality's legislative body.

(f) In connection with the transfer of any system from a constituent municipality to an authority by sale, lease, gift or otherwise:

(1) All employees of the constituent municipality whose employment relates to the transferred system and who are necessary for the operation of the transferred system, shall either remain employees of the constituent municipality or become employees of such authority.

(A) Such employees who remain employees of the constituent municipality shall provide services to such authority under an agreement between the constituent municipality and such authority, provided the terms of such agreement shall not be inconsistent with the provisions of this section and sections 7-244h to 7-244s, inclusive.

(B) Such employees of the constituent municipality who become employees of such authority shall be credited by such authority with all rights that have accrued as of the date of such acquisition with respect to seniority, sick leave, vacation, insurance and pension benefits in accordance with the records, personnel policies and labor agreements of the constituent municipality.

(2) Such authority shall directly or indirectly assume and observe all accrued pension, retirement and other employee benefit obligations of the constituent municipality to current and former employees of the constituent municipality whose employment related or relates to the transferred system, and members and beneficiaries of any such pension, retirement or other employee benefit system established by the constituent municipality shall continue to have such rights, privileges, benefits, obligations and status with respect to such established systems as have accrued as of the date of transfer of any system from a constituent municipality to such authority. Such authority may enter into agreements with representatives of its employees relative to the inclusion of its employees in any applicable state or municipal employees' retirement plan or plans, and such authority shall constitute a municipality eligible to participate in such retirement plans. Such authority may enter into agreements with representatives of its employees relative to the transfer to or the establishment of pension trust funds under the joint control of such authority and representatives of its employees and shall have all powers necessary to maintain and administer such trust funds jointly with representatives of its employees.

(3) Such authority shall directly or indirectly assume and observe all collective bargaining agreements of the constituent municipality in existence at the date of transfer of any system from such constituent municipality to such authority for current employees of the constituent municipality whose employment relates to the transferred system, and all obligations incurred by such agreements regarding wages, salaries, hours, sick leave and other leave, working conditions, grievance procedures, collective bargaining and pension or retirement.

(4) Such authority shall directly or indirectly assume and observe personnel policies of the constituent municipality pertaining to current employees whose employment relates to the transferred system in existence at the time of transfer and is not covered by collective bargaining agreements, and all obligations incurred through such personnel policies regarding wages, salaries, hours, sick leave, vacation, pension and retirement, subject to such modifications therein as such authority may subsequently adopt for such employees who become employees of such authority, provided any such modification shall not affect any rights of such employees that have vested prior to such modification.

(g) Nothing in this section and sections 7-244h to 7-244s, inclusive, shall be construed to prohibit an authority from exercising the normal prerogatives of management with respect to such matters as the promotion, demotion, assignment, transfer or discharge of its employees, nor shall an authority be bound by any terms of any personnel policy entered into by the constituent municipality in anticipation of its transfer of any system to the authority.

(h) The relations between an authority and its employees with respect to collective bargaining and the arbitration of labor disputes shall be governed by sections 7-467 to 7-478, inclusive.

(i) Upon the transfer of a system from a constituent municipality to an authority by sale, lease, gift or otherwise, pursuant to the provisions of this section and sections 7-244h to 7-244s, inclusive, such authority shall promptly reimburse the constituent municipality for all fees, costs and expenses, including professional fees, paid or incurred by the constituent municipality related to the creation of such authority and related to the transfer of any system, by sale, lease, gift or otherwise, from the constituent municipality to such authority.

(j) An authority and its corporate existence shall continue until terminated by law or by requisite action prescribed by the legislative body of its constituent municipality in the authority's articles of incorporation, provided no such law or action shall take effect so long as such authority has bonds or other obligations outstanding, unless adequate provision has been made for the payment or satisfaction of such bonds or other obligations in accordance with the terms of such authority's financing agreements and bond resolutions.

(k) Notwithstanding any provision of the general statutes, special act or municipal charter or ordinance, the approvals required under this section and sections 7-244h to 7-244s, inclusive, shall be the only state and local approvals required in connection with the creation of an authority, the transfer, by sale, lease, gift or otherwise, of a system by a constituent municipality to an authority and the initial ownership, lease or operation of a system by an authority. Nothing in this section and sections 7-244h to 7-244s, inclusive, shall relieve an authority from thereafter complying with applicable laws and regulations related to ownership, lease or operation of a system, except as provided otherwise in this section and sections 7-244h to 7-244s, inclusive. Any transfer of a system, by sale, lease, gift or otherwise, by a constituent municipality to an authority shall be subject to any and all contractual obligations of the constituent municipality related to the system.

(June Sp. Sess. P.A. 05-5, S. 23.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244h. Powers of authority. An authority created pursuant to sections 7-244g to 7-244s, inclusive, may:

(1) Sue and be sued and institute, prosecute, maintain and defend any action or proceeding in any court or before any agency or tribunal of competent jurisdiction;

(2) Have a seal and alter the same at its pleasure;

(3) Purchase, receive by gift, lease, condemn for public purposes or otherwise acquire an interest in, or the right to use, hold and dispose of any property, real or personal, tangible or intangible, including any existing system or parts thereof, and any interest in such property as it may deem necessary, desirable or convenient;

(4) Sell, lease, grant options to purchase or to renew a lease for any interest in all or any portion of property of such authority, real or personal, tangible or intangible, determined by such authority to be no longer used by or useful to such authority, on such terms as such authority may determine to be necessary, desirable or convenient, subject to the provisions of applicable law concerning such sale, lease or options, except that such authority may not sell, lease or otherwise convey any interest in land classified under subsection (c) of section 25-37 as class I or class II water-company-owned land unless specifically authorized in subdivision (5) or (17) of this section;

(5) Mortgage or otherwise encumber all or any portion of the property of such authority, real or personal, tangible or intangible, or assume all of any portion of any obligations incurred by a constituent municipality in connection with the acquisition, construction or operation of any system transferred to or operated by such authority, or any person operating a system on behalf of such authority whenever, in the opinion of such authority, such action is deemed to be in furtherance of the purposes of sections 7-244g to 7-244s, inclusive;

(6) Own, operate and maintain any system of such authority and make provision for its management;

(7) Determine the location and character of any system to be developed by such authority and construct, reconstruct, replace, enlarge and extend any system of such authority, including provision for the inspection and supervision thereof and the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and any other actions incidental thereto;

(8) Contract for architectural, engineering and design, and construction supervision, system management and facility management services, and for such other professional or technical services as may require either the prequalification of a contractor or the submission by any person or consortium or association of persons of a proposal in response to an official request for proposal or similar written communication of such authority, deemed necessary, desirable or convenient in carrying out the purposes of such authority;

(9) Contract for the construction, operation or management of systems of such authority with private persons, or consortia of such persons, as such authority may deem necessary, desirable or convenient;

(10) Contract with special districts, municipalities, municipal, state or regional water authorities, municipal, state, regional or federal agencies or private persons to provide water and related services, and to plan, design, construct, manage, operate and maintain systems and facilities on their behalf;

(11) Purchase water approved by the Commissioner of Public Health from any private person, special district or municipal, state, regional or federal agency, when necessary or convenient for the operation of any system owned, leased or operated by such authority;

(12) Adopt and amend bylaws, rules and regulations consistent with its articles of incorporation governing the administration of its property and the conduct of its affairs and revise its plan of operation to better fulfill the purposes of sections 7-244g to 7-244s, inclusive. A copy of such bylaws, rules and regulations and all amendments thereto, duly certified, shall be filed in the office of the city clerk of the constituent municipality. Any superior court located within the judicial district in which the constituent municipality is located shall have jurisdiction over any violation of such bylaws, rules or regulations and such authority may prosecute actions before the superior court to enforce such bylaws, rules and regulations;

(13) Make investments and contracts and execute all necessary or convenient instruments, including evidences of indebtedness, negotiable or nonnegotiable;

(14) Appoint such advisory councils as it may deem advisable to benefit the individuals of a constituent municipality or any other users of the system;

(15) Borrow money, issue bonds, fund and refund the same and provide for the rights of the holders of such authority's obligations;

(16) Receive funds from the sale of such authority's bonds and of the sale, lease or other disposition of any interest in its properties, real or personal, tangible or intangible, in accordance with the provisions of subdivision (4) of this section;

(17) Make a loan of the proceeds of its bonds or other funds to any special district, any municipality, including any constituent municipality, or any municipal, state or regional authority or any private person for the planning, design, acquisition, construction, reconstruction, improvement, equipping and furnishing of a system of such authority, which loans may be evidenced and secured by loan agreements, contracts or any other instruments or agreements containing such terms and conditions as such authority shall determine necessary, desirable or convenient, including provisions for the establishment and maintenance of reserve funds, and for the construction, use, operation and maintenance and the payment of operating and other costs of a system. In connection with the making of any such loan, such authority may: (A) Purchase, acquire and take assignments of any note or bond of any special district municipality, including any constituent municipality, any municipal, state or regional authority and any private person, and (B) receive other forms of security and evidence of indebtedness, and, in furtherance of the purposes of sections 7-244g to 7-244s, inclusive, and in order to assure the payment of the principal of and interest on bonds of such authority issued to provide funding for such loans, may attach, seize, purchase, acquire, accept or take title to any system, and may sell, lease, rent or otherwise dispose of any interest in any system in accordance with the powers provided in sections 7-244g to 7-244s, inclusive;

(18) Open the grounds in any public street or way or public grounds for the purpose of laying, installing, maintaining or replacing pipes and conduits comprising or related to a system of such authority, provided the grounds are restored to their previous conditions upon the completion of such work;

(19) Apply for and accept grants, loans or contributions from the United States, the state of Connecticut or any agency, instrumentality or subdivision of either of them or from any person, and expend the proceeds for any of its purposes;

(20) Subject to approval by a majority of members of such authority's board of directors and such other requirements as such authority may establish, indemnify and hold harmless any person in connection with the business of such authority, including, indemnification against taxation by the federal and state governments respecting any state or local property taxes and any realization of tax benefits or incentives associated with ownership of a system or of ownership of any interest in property, real or personal, tangible or intangible;

(21) Make plans, surveys, studies and investigations necessary or desirable in conformity with the plan of operation of such authority;

(22) Enter upon public or private lands and waters, as may be necessary, to make surveys, soundings, borings and examinations in order to accomplish the purposes of such authority;

(23) Establish and impose fees, rates, charges and penalties on users of the system, including the state and any political subdivision thereof, including municipalities and levy assessments on property benefited by the system, including property owned by the state and any political subdivisions thereof, including municipalities, in accordance with sections 7-244g to 7-244s, inclusive, for the services it performs and waive, suspend, reduce or otherwise modify such fees, rates, charges, penalties or assessments provided each such fee, rate, charge, penalty or assessment applies uniformly to all users and benefited properties within the constituent municipality with respect to a given type or category of water supply, in accordance with criteria established by such authority, and further provided no change may be made in user fees to users within the constituent municipality without at least sixty days prior notice to the users affected thereby;

(24) Conduct such hearings, examinations and investigations as may be necessary or convenient to the conduct of its operations and the fulfillment of its responsibilities;

(25) Obtain access to public records and apply for the process of subpoena if necessary to produce books, papers, records and other data;

(26) Retain by contract or employ legal counsel, accountants, engineers, private consultants and other professional advisers;

(27) Employ a staff and establish staff duties, compensation and benefits;

(28) Establish offices where necessary or convenient in the constituent municipality and where any of the system is located; and

(29) Otherwise do any and all things necessary or convenient for the exercise of its rights, the performance of its duties, the fulfillment of its obligations, the conduct of its operations and the maintenance of its relationships with the state, municipalities, including, its constituent municipality, regions and other persons.

(June Sp. Sess. P.A. 05-5, S. 24.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244i. Taxation of authority. Payments in lieu of property taxes. (a) The exercise by an authority of the powers granted by sections 7-244g to 7-244s, inclusive, shall constitute the performance of an essential governmental function and an authority shall not be required to pay any taxes or assessments upon or in respect of a system, or any property of an authority, real or personal, tangible or intangible, levied by any municipality or other political subdivision of the state, or special district having taxing powers of the state, nor shall an authority be required to pay state taxes of any kind, and an authority, its system, property and the principal and interest of any bonds, notes and other agreements, instruments and documents evidencing indebtedness of an authority issued under the provisions of sections 7-244g to 7-244s, inclusive, their transfer and the income therefrom, including revenues derived from the sale thereof, shall at all times be free from taxation of every kind by the State of Connecticut under its authority, except for estate and gift taxes imposed by the state or any political subdivision thereof, but the interest on such bonds and other indebtedness of an authority shall be included in the computation of any excise or franchise tax. In lieu of such taxes or assessments, with respect to its property, real or personal, tangible or intangible, an authority shall make annual payments to each municipality in which it owns such property equal to taxes that would otherwise be due for such property.

(b) To establish the amount of any such payments in lieu of taxes, property owned by an authority shall be assessed in accordance with section 12-63. Payments in lieu of taxes for property acquired by the authority during any tax year shall be adjusted for such fractional year in accordance with the customary practice in such municipality for adjusting taxes between the buyer and seller of real property. In addition, an authority shall reimburse each such municipality for such municipality's expenses in providing municipal services to any improvements made to or constructed on any real property by such authority, or by any person leasing or operating a system on behalf of such authority, within such municipality. As used in this section, "improvements" does not include water pipes or improvements to water pipes.

(c) An authority may contest the assessed valuation of any properties owned by such authority with respect to which any payment in lieu of taxes is determined in the same manner as any owner of property in such municipality. Payments in lieu of taxes payable to any municipality shall be paid by an authority to the municipality upon the date and in the manner provided for the payment of property taxes of the municipality.

(d) In the event an authority in any year does not have sufficient funds to make such payments in lieu of taxes, or any portion of them, as the same become due and payable, such authority shall adjust its rates and charges, so as to provide funds to make such payment. Any municipality aggrieved by the failure of an authority to make any payment in lieu of taxes or portion thereof as the same becomes due and payable may apply to the superior court for the judicial district in which such municipality is situated for an order directing such authority to appropriately increase its rates and charges.

(June Sp. Sess. P.A. 05-5, S. 25.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244j. Annual audit. An authority shall have an annual audit of its accounts, books and records by a certified public accountant selected by such authority. A copy of the audit shall be filed in the office of the city clerk of the constituent municipality and with the Public Utilities Control Authority, and shall be available for public inspection during the ordinary business hours of such authority at the principal office of such authority.

(June Sp. Sess. P.A. 05-5, S. 26.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244k. Jurisdiction over authority. Neither the Public Utilities Control Authority nor any successor board or commissioner shall have jurisdiction of any kind over an authority, or the rates fixed or charges collected by the authority.

(June Sp. Sess. P.A. 05-5, S. 27.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244l. Rights to interests in land. An authority shall have all rights, including the right to take and use lands, springs, streams or ponds, or any rights or interests therein, granted to a town, city, borough, municipal corporation or corporation authorized by law to supply the inhabitants of any town, city or borough with pure water for public or domestic use. The procedure for condemning land or any rights or interests therein shall be as provided in section 48-12.

(June Sp. Sess. P.A. 05-5, S. 28.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244m. Assignment of liens. An authority may assign, for consideration, any and all liens filed by such authority to secure unpaid assessments or connection or use charges of such authority. The consideration received by such authority shall be negotiated between the authority and the assignee. The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity as such authority would have had if the lien had not been assigned, with regard to the precedence and priority of such lien, the accrual of interest and the fees and expenses of collection. The assignee shall have the same rights to enforce such liens as any private party holding a lien on real property, including, but not limited to, foreclosure and a suit on the debt. Costs and reasonable attorneys' fees incurred by the assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be taxed in any such proceeding against each person having title to any property subject to the proceedings. Such costs and fees may be collected by the assignee at any time after demand for payment has been made by the assignee.

(June Sp. Sess. P.A. 05-5, S. 29.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244n. Liability. Neither an authority while acting in accordance with sections 7-244g to 7-244s, inclusive, nor any person acting on its behalf while acting within the scope of his or her authority shall be subject to any personal liabilities resulting from the erection, construction, reconstruction, maintenance or operation of any system, or resulting from carrying out any of the powers given in sections 7-244g to 7-244s, inclusive.

(June Sp. Sess. P.A. 05-5, S. 30.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244o. State pledge to holders of bonds. The state of Connecticut pledges to and agrees with the holders of the bonds of an authority not to (1) limit or alter the rights vested in such authority to (A) acquire, construct, maintain, operate, reconstruct, alter, improve, enlarge and extend any system of the authority, (B) establish and collect the fees, rates, charges and penalties referred to in section 7-244h, and (C) fulfill the terms of any agreements made with the holders of the bonds, or (2) in any way impair the rights and remedies of the bondholders until the bonds together with interest thereon, interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceeding by or on behalf of the bondholders are fully met and discharged.

(June Sp. Sess. P.A. 05-5, S. 31.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244p. Bonds as legal investments. The bonds of an authority shall be securities in which all public officers and bodies of this state and all municipalities, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, savings and loan associations, investment companies and other persons carrying on a banking business and all other persons who are now authorized or may be authorized in the future to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital in their control or belonging to them. The bonds shall also be securities that may be deposited with and may be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of bonds or other obligations of this state is now authorized or may be authorized in the future.

(June Sp. Sess. P.A. 05-5, S. 32.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244q. Issuance of bonds. Without limiting the generality of any and all rights, privileges and powers granted to an authority under the provisions of sections 7-244g to 7-244s, inclusive, and subject to the provision of said sections 7-244g to 7-244s, inclusive, an authority shall have the same rights, privileges and powers related to the issuance of bonds as are granted to a municipality or town, as such terms are defined in chapter 109. Where said chapter 109 authorizes or requests action by a municipal or town official, officer or body, the board of directors of an authority shall designate an official, officer or body of such authority to take such action on behalf of such authority, except that the provisions of sections 7-373 to 7-374a, inclusive, 7-347c, 7-378b, 7-378d and 7-378f do not apply to such authority. For purposes of this section, references in said chapter 109 to "taxes" or "taxation" mean charges or assessments by an authority.

(June Sp. Sess. P.A. 05-5, S. 33.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005 (Revisor's note: The word "means" in the phrase "references in said chapter 109 to "taxes" or "taxation" means ..." was changed editorially by the Revisors to "mean" for accuracy).

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Sec. 7-244r. Provisions of chapter controlling over conflicting laws. Insofar as the provisions of sections 7-244g to 7-244s, inclusive, are inconsistent with the provisions of any other general statute or special act or any municipal charter or ordinance, the provisions of sections 7-244g to 7-244s, inclusive, shall be controlling.

(June Sp. Sess. P.A. 05-5, S. 34.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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Sec. 7-244s. Appeal from decisions of authority. (a) A person who is aggrieved by a decision of an authority with respect to the establishment of fees, rates, charges or penalties, the sale, lease or other transfer or change of use of real property, the location of purification or filtration plants, the commencement of any project costing more than five million dollars to repair, improve, construct, reconstruct, enlarge or extend any system of such authority or the acquisition by purchase, lease or otherwise of any existing system or part thereof, is entitled to judicial review under this section.

(b) Proceedings for review shall be instituted by filing a petition in the superior court for the judicial district in which the constituent municipality is located not later than thirty days after publication of the decision of such authority or, if a rehearing is requested, not later than thirty days after the decision thereon. Copies of the petition shall be served upon such authority and published in a newspaper or newspapers having a general circulation in the constituent municipality.

(c) The filing of the petition shall not of itself stay enforcement of the decision of an authority. Such authority may grant, or the reviewing court may order, a stay upon appropriate terms, provided enforcement of a decision respecting the establishment of fees, rates, charges or penalties may be stayed only after issuance of a judgment for the appellant by the reviewing court.

(d) Not later than thirty days after service of the petition, or such further time as may be allowed by the court, such authority shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review, which shall include the authority's findings of fact and conclusions of law, separately stated. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

(e) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before such authority, the court may refer the case back to such authority with instructions to take such evidence as the court directs. Such authority may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

(f) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before an authority, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

(g) The court shall not substitute its judgment for that of an authority as to the weight of the evidence on questions of fact. The court may affirm the decision of an authority or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions or decisions are: (1) In violation of constitutional provisions, or in violation of any provision of the general statutes or any special act; (2) in excess of the powers of an authority; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable probative and substantial evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse of discretion or clearly constitute an unwarranted exercise of discretion.

(h) In any case in which an aggrieved party claims that he or she is unable to pay the costs of an appeal under this section and will thereby be deprived of a right to which the aggrieved party is entitled, he or she shall, within the time permitted for filing the appeal, file with the clerk of the court to which the appeal is to be taken an application for waiver of payment of such fees, costs and necessary expenses, including the requirements of any bond, if any. The application shall conform to the requirements of section 8-2 of the Connecticut Practice Book. After such hearing as the court determines is necessary, the court shall enter its judgment on the application, which judgment shall contain a statement of facts the court has found, with its conclusions thereon. The filing of the application for the waiver shall toll the time limits for the filing of an appeal until such time as a judgment on such application is entered.

(i) An authority shall not be construed to be an agency within the scope of chapter 54.

(June Sp. Sess. P.A. 05-5, S. 35.)

History: June Sp. Sess. P.A. 05-5 effective July 1, 2005.

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