Bill Text: CT SB01047 | 2015 | General Assembly | Comm Sub
Bill Title: An Act Amending The Charter Of The Borough Of Fenwick Within The Town Of Old Saybrook.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-06-02 - Senate Recommitted to Planning and Development [SB01047 Detail]
Download: Connecticut-2015-SB01047-Comm_Sub.html
General Assembly |
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January Session, 2015 |
*_____SB01047GAE___042115____* |
AN ACT AMENDING THE CHARTER OF THE BOROUGH OF FENWICK WITHIN THE TOWN OF OLD SAYBROOK.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 1 of number 271 of the special acts of 1899, as amended by section 11 of special act of 13-23, is amended to read as follows (Effective from passage):
That [all of] the electors [of this state, who own real estate located in and who have been domiciled for two months during the year last past in the town of Old Saybrook and within] described in section 2 of number 271 of the special acts of 1899, in relation to the territory included within the following limits, to wit: Bounded north by the South Cove, so called; east by Connecticut River; south by Long Island sound; and west by the east line of land of Daniel C. Spencer, said east line running about south from said South Cove to Long Island sound, the territory comprised within said boundaries being situated on the peninsula of Lynde's Point, and known as New Saybrook and so designated on a map thereof on file in the office of the town clerk of Old Saybrook; are hereby declared to be, and shall forever continue to be, a body politic and corporate within said town of Old Saybrook, by the name of the borough of Fenwick; and by that name they and their successors shall have perpetual succession, and shall be a person in law, capable of suing and being sued, pleading and being impleaded in all courts of whatsoever nature; and also of purchasing, holding, and conveying any estate, real or personal; and shall have a common seal and may change and alter the same at pleasure.
Sec. 2. Section 2 of number 271 of the special acts of 1899 is amended to read as follows (Effective from passage):
(a) [All of the electors aforesaid, domiciled within said limits for two months during the year last past, and owners of real estate located within said limits, and all] Electors of the borough of Fenwick shall include (1) all electors of the town of Old Saybrook who actually reside within the limits of the said borough, [shall be freemen at the first election of officers under this act and for the year next ensuing; and every elector of this state who shall thereafter have been domiciled within the limits of said borough for a period of two months during any year and who shall have owned real estate located in said borough during said time shall be a freeman of said borough for the year during which he has so owned real estate and been so domiciled for two months and for the year ensuing and all electors of the town of Old Saybrook who actually reside within the limits of said borough shall also be freemen of said borough] (2) every citizen of the United States of the age of eighteen years or more who is liable to said borough for taxes assessed against such citizen on an assessment of not less than one thousand dollars on the last-completed grand list used in connection with the assessment of taxes by said borough, or who would be so liable if not entitled to a statutory exemption, and (3) any holder of record of an interest in real property located within said borough. Any [freeman] elector of said borough who votes in [the] said borough under the provisions of [this act] number 271 of the special acts of 1899, but whose permanent residence is not within the limits of the town of Old Saybrook, may vote at all elections in any town in this state where he or she permanently resides, and the fact that any person is registered as [a voter] an elector in the borough of Fenwick shall not deprive him or her of the right to register and vote in any town in this state where he or she has a permanent residence.
(b) (1) For purposes of voting at any meeting or referendum held by said borough, a corporation shall have its vote cast by the chief executive officer of such corporation, or such officer's designee. Any entity that is not a corporation shall have its vote cast by a person authorized by such entity to cast its vote. No real property owner that is a corporation or an entity other than a natural person shall have more than one vote.
(2) If any particular property is co-owned by more than one corporation or more than one entity that is not a natural person, such corporations or entities shall have only one vote among them to cast at any borough meeting or referendum, which vote shall be cast by a person authorized by such corporations or entities. If the corporations or entities that co-own a property disagree as to how the vote shall be cast, none of them shall vote. The borough may accept the vote of any corporation or entity as being the vote for a particular property, unless the borough has actual notice of a disagreement among the various corporations or entities that co-own the property. No warden or burgess shall be liable to any elector or third party for accepting the vote of any person authorized by a corporation or other entity that is not a natural person to cast such corporation's or other entity's vote pursuant to this section.
(3) Except as otherwise provided in this subsection, no holder of record of an interest in real property shall be precluded from participating in any borough meeting or referendum because of the form of entity that holds such interest, whether such holder of record is: (A) A corporation, partnership, unincorporated association, trustee, fiduciary, guardian, conservator or other form of entity, or any combination thereof, or (B) an individual who holds an interest jointly or in common with another individual or individuals, or with any one or more of the entities listed in subparagraph (A) of this subdivision.
Sec. 3. Section 3 of number 271 of the special acts of 1899, as amended by section 1 of number 256 of the special acts of 1943, section 1 of number 325 of the special acts of 1951 and number 28 of the special acts of 1957, is amended to read as follows (Effective from passage):
A meeting of the [legal voters] electors of said borough of Fenwick shall be held on the first Saturday of July in the year 1957, and biennially thereafter, for the election from their numbers by a plurality of votes of a warden, six burgesses, a clerk, a treasurer and a collector. All of said officers of said borough shall be sworn faithfully to perform the duties of their several offices, and shall hold office until the next meeting and until others shall be chosen and qualified in their stead. Notice of any meeting shall be signed by the warden or any three burgesses, and shall designate the time and place of such meeting, the officers to be elected, and other business to be transacted thereat; and such notice shall be posted at least five days before the date of such meeting on the public signpost in said borough.
Sec. 4. Section 11 of number 271 of the special acts of 1899, as amended by section 3 of number 256 of the special acts of 1943, is amended to read as follows (Effective from passage):
The clerk shall be clerk of the borough and clerk of the board of warden and burgesses, and shall act as such at all meetings of the voters of said borough, and at all meetings of said board of warden and burgesses; and it shall be his duty to make and keep all the records of such meetings, and he shall be the custodian of all books, papers, and documents belonging to said borough and said warden and burgesses, except such books and documents as the treasurer shall be required to keep. All books, papers and documents so kept by the clerk shall be open to the inspection of any inhabitant of said borough at all reasonable times. He shall also post and serve all notices which may be required by the board of warden and burgesses, and shall perform such other clerical duty as may be required by said board or the voters of the borough, at any legal meeting. In the absence of the clerk, a clerk pro tempore may be appointed by the warden of the borough, and such clerk pro tempore, while acting as clerk, shall have all the powers and be subject to all of the duties of clerk; it shall also be the duty of the clerk, or in his absence the clerk pro tempore, to prepare a list of all the electors within the borough at the last preceding electors' meeting in said borough, forty-eight hours previous to the annual or any special meeting of the voters of the borough for the election of officers, to be used as a check list at such meeting; and no person shall vote at any such meeting unless his name shall be on such list; [, or unless his right to vote at such meeting shall have matured under section two, by a continuous domicile of two months within the limits of said borough;] and if such list cannot be prepared, then the list used at the last meeting of the voters of the borough for the election of officers shall, on the morning of the annual meeting, be revised by the wardens and any two burgesses, or in the absence or inability of the warden, by the clerk and any two burgesses, and be used until a certified list can be prepared. The name of any elector omitted from said list by clerical error [, and the name of any elector whose right to vote shall have matured under section two,] may be added on election day by the presiding officer.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
Number 271 of the special acts of 1899, Sec. 1 |
Sec. 2 |
from passage |
Number 271 of the special acts of 1899, Sec. 2 |
Sec. 3 |
from passage |
Number 271 of the special acts of 1899, Sec. 3 |
Sec. 4 |
from passage |
Number 271 of the special acts of 1899, Sec. 11 |
Statement of Legislative Commissioners:
In Section 2(b)(1) a reference to "referendum" was added for consistency with Section 2(b)(2) and 2(b)(3) and Section 4 was added for consistency with the changes being made in Section 2.
GAE |
Joint Favorable Subst. |