Sec. 7-325. Organization. Boundary changes. Reports.
Sec. 7-325. Organization. Boundary changes. Reports. (a) Upon the petition of
fifteen or more voters, as defined by section 7-6, of any town, specifying the limits of
a proposed district for any or all of the purposes set forth in section 7-326, the selectmen
of such town shall call a meeting of the voters residing within such specified limits to
act upon such petition, which meeting shall be held at such place within such town and
such hour as the selectmen designate, within thirty days after such petition has been
received by such selectmen. Such limits shall contain only contiguous property, except
any proposed district which is proposed to be established only to plan, lay out, acquire,
construct, reconstruct, repair, maintain, operate and regulate the use of a community
water system or to construct and maintain drains and sewers or both and which does
not exercise any of the other powers enumerated in section 7-326, may contain noncontiguous properties if the properties proposed to be included are, or are to be, served by
a common water or sewer main. Such meeting shall be called by publication of a written
notice of the same, signed by the selectmen, at least fourteen days before the time fixed
for such meeting in two successive issues of some newspaper published or circulated
in such town. Not later than twenty-four hours before such meeting, (1) two hundred
or more voters or ten per cent of the total number of voters, whichever is less, may
petition the selectmen in writing for a referendum, or (2) the selectmen in their discretion
may order a referendum, on the sole question of whether the proposed district should
be established. Any such referendum shall be held not less than seven nor more than
fourteen days after the receipt of such petition or the date of such order, on a day to be
set by the selectmen for a vote by paper ballots or by a "yes" or "no" vote on the voting
machines, during the hours between twelve o'clock noon and eight o'clock p.m.; except
that any town may, by vote of its selectmen, provide for an earlier hour for opening the
polls but not earlier than six o'clock a.m., notwithstanding the provisions of any special
act to the contrary. If two-thirds of the voters casting votes in such referendum vote in
favor of establishing the proposed district, the selectmen shall reconvene such meeting
not later than seven days after the day on which the referendum is held. Upon approval
of the petition for the proposed district by two-thirds of the voters present at such meeting, or if a referendum is held, upon the reconvening of such meeting after the referendum, the voters may name the district and, upon the vote of a majority of such voters,
choose necessary officers therefor to hold office until the first annual meeting thereof;
and the district shall, upon the filing of the first report required pursuant to subsection
(c) of this section, thereupon be a body corporate and politic and have the powers,
not inconsistent with the general statutes, in relation to the objects for which it was
established, that are necessary for the accomplishment of such objects, including the
power to lay and collect taxes. The clerk of such district shall cause its name and a
description of its territorial limits and of any additions that may be made thereto to be
recorded in the land records of each town in which such district is located.
(b) Any district may enlarge or reduce its territorial limits if the board of directors
of the district approves a resolution proposing such an enlargement or reduction and
stating the proposed boundaries of the area proposed to be included or excluded, as the
case may be, provided: (1) The board of directors of the district shall call a meeting of
voters of the area proposed to be included or excluded, which meeting shall be held
within thirty days of the board of directors' approval of such resolution and shall be
called by publication of a written notice of the same, signed by the members of the board
of directors of the district, at least fourteen days before the time fixed for such meeting
in two successive issues of some newspaper published or circulated in such town, provided not later than twenty-four hours before any such meeting, two hundred or more
such voters or ten per cent of the total number of such voters, whichever is less, may
petition the clerk of the district, in writing, that a referendum on the question of whether
the area proposed to be included or excluded should join or leave the district be held in
the manner provided in section 7-327; (2) a two-thirds majority of the voters of the area
proposed to be included or excluded in attendance at such meeting, or, if a referendum
is held, two-thirds of such voters casting votes in such referendum, vote in favor of
joining or leaving such district; (3) that any area to be added is contiguous with some
portion of the existing district, and (4) if the enlargement of the territorial limits of the
district will overlap the territorial limits of another district within the town, the legislative
body of the town approves such enlargement. If any district enlarges or reduces its
territorial limits, the clerk of such district shall notify the town clerk of each town affected
by such enlargement or reduction within thirty days after the vote.
(c) The clerk of each district created pursuant to this chapter or any provisions of
the general statutes or any special act, shall report to the town clerk of each town in which
such district is located: (1) If created by approval of a petition pursuant to subsection (a)
of this section on or after July 1, 1987, within seven days of such approval; and (2) on
or before July 31, 1993, and annually thereafter for each such district, irrespective of
the date of creation. The first report filed after the creation of a district shall include a
list of the officers of such district, a copy of the charter or special act of such district
and such other information on the organization and the financial status of such district
as the Secretary of the Office of Policy and Management may recommend. A copy of
the charter or special act of such district shall be included in any subsequent report if
such charter or special act was amended after the date of the previous filing. No district,
irrespective of the date of creation, created by approval of a petition pursuant to subsection (a) of this section shall exist as a body corporate and politic until the clerk of such
district has filed at least one report required by this subsection. If a district is located in
more than one town, the report shall be filed by the district clerk with the town clerk of
each town in which the district is located.
(d) Any fine imposed on and after July 1, 1992, on a clerk for failure to file a report
required pursuant to subsection (c) of this section shall be waived.
(1949 Rev., S. 764; 1955, S. 340d; 1957, P.A. 465, S. 17(b); P.A. 82-213, S. 1; P.A. 83-209; 83-502, S. 2, 4; P.A. 84-318, S. 1, 4; P.A. 85-613, S. 19, 154; P.A. 87-573, S. 1, 11; P.A. 88-250, S. 1, 5; 88-306, S. 2; P.A. 89-370, S. 6, 15; P.A.
93-434, S. 1, 20; P.A. 95-51.)
History: P.A. 82-213 added Subsec. (b) concerning changes in the boundaries of the district; P.A. 83-209 provided that
all districts, other than those furnishing water or sewer service, must contain only contiguous property; P.A. 83-502 required
a two-thirds vote for creation or expansion of a district and a majority vote for selection of officers; P.A. 84-318 added
provisions requiring reports to the secretary of the office of policy and management and removed the requirement of posting
of notices; P.A. 85-613 made technical change, substituting reference to chapter 105, i.e. "this chapter", for reference to
chapter 125 in Subsec. (c); P.A. 87-573 inserted provisions requiring first report for districts created on or after July 1,
1987 and providing that districts which have not filed any reports shall not exist as a body corporate and politic and inserted
Subsec. (d) providing a penalty for a clerk who fails to file a report on a timely basis; P.A. 88-250 changed July 31, 1987
to July 31, 1988 in Subdiv. (2) of Subsec. (c); P.A. 88-306 amended Subsec. (a) to repeal requirements that petitioning
voters not reside within territorial limits of any city or borough in the town and that district's limits not include any part
of any such city or borough; P.A. 89-370 amended Subsec. (a) to authorize holding of referendum, establish procedures
for referendum and require map showing boundaries of district, amended Subsec. (b)(1) to authorize petition of referendum
and added Subsec. (b)(4) re approval of legislative body, and amended Subsec. (c) to authorize secretary to require information on district's financial status; P.A. 93-434 amended Subsec. (a) to delete provision re reporting to secretary within 30
days of an election of officer, amended Subsec. (b) to require districts to notify the town clerks of affected towns instead
of the secretary of change in territorial limits, amended Subsec. (c) to require that reports be filed with town clerk in which
each town of the district is located, rather than with secretary and amended Subsec. (d) to eliminate the fine for failure to
file reports and to waive fines imposed on and after July 1, 1992, effective June 30, 1993; P.A. 95-51 amended Subsec.
(a) to reduce the number of voters required on a petition to vote to establish a district from 20 to 15.
See note to section 12-198. Cited. 122 C. 395. District must be a self-contained area. 145 C. 570. Only voters residing
within area of proposed district may vote at organizational meeting. 184 C. 200. Cited. 197 C. 82. Cited. 205 C. 290. Cited.
208 C. 543. Cited. 218 C. 144.