SPECIAL ACTS AND RESOLUTIONS
State of Connecticut
CONTAINING APPROPRIATIONS AND GRANTS FROM THE TREASURY AND EXECUTIVE APPOINTMENTS
VOLUME XXVI — PART II 1953
AN ACT CONCERNING INCORPORATING THE LAKE WILLIAMS BEACH ASSOCIATION OF LEBANON, CONNECTICUT.
Section 1. Name. All owners of record of land within the limits hereinafter specified, in that locality known as Lake Williams in the town of Lebanon are constituted a body politic and corporate, by the name of The Lake Williams Beach Association hereinafter called the association, and they and their successors shall be a corporation in law with the privileges set forth in subsections 1 to 8, inclusive of section 1049b of the 1951 supplement to the general statutes and the rights, privileges and duties hereinafter set forth.
SEC. 2. Boundaries. The limits and territory of said association shall be as follows: All that territory in said town of Lebanon lying in or adjacent to the waters of Lake "Williams as described in a map entitled, "Plan of Lake Williams Shores owned by Sun Valley Beach, Inc. May 15, 1948 Gilbert F. Perry C.E." on file in the land records of the town of Lebanon.
SEC. 3. Powers to construct and operate. Said association shall have power, within said territory, to build, construct, plan, accept, own, operate and maintain, for the administration of the business of said association or for the public use of property owners and their friends: (a) First aid stations, clubs and other buildings and structures including boats, floats, bridges, retaining walls, docks, piers; (b) public roads, rights-of-way, beaches, sidewalks, passways, parks, hedges, shade and ornamental trees and the like; (c) wells, springs, swamps, lakes, streams and the like; (d) conduits, sewers, Water mains, reservoirs and water supply systems, provided no land or other property shall be taken for said purposes without the consent of the owner or owners thereof, and provided all such construction, operation or maintenance is within-the law and does not conflict with any franchise or other grant by the town of Lebanon.
SEC. 4. Powers to regulate construction and establish building lines. Said association may, within said territory, regulate the character of the construction of buildings, including plumbing, house drainage and wiring, and the number of buildings or other structures that may be placed upon a single lot, and may establish building lines within said territory.
SEC. 5. Protection of life and property. Said association may protect by suitable means life and property within its limits from loss or damage. It may appoint, at its expense, one or more special policemen or watchmen, who shall have the same powers and duties within its limits, in relation to criminals and criminal offenses, that constables have in towns and who shall have power to make arrests for any violation of by-laws enacted by said association.
SEC. 6. Health. Said association may make and enforce within its limits reasonable health regulations. It may exercise within its limits the authority given by law to town health officers, except in relation to contagious diseases. It may; make and enforce reasonable police regulations and provisions concerning garbage and other domestic refuse and the removal of the same. It shall, with the approval of the health officer of the town of Lebanon, appoint a suitable person as deputy health officer who shall under the supervision of said town health, officer (a) Examine, within said limits, into all nuisances and sources of filth injurious to public health; (b) cause to be removed all filth to be found within said limits, which in the judgment of said town health officer may endanger the health of the inhabitants or render undesirable the occupation of any dwelling; and (c) notify all persons causing or maintaining any such nuisance to abate the same within a reasonable Lime. If any such nuisance shall not be abated as ordered, said deputy health officer may abate the same and said association may recover the expense thereof from the person or persons causing or maintaining such nuisance by suitable action brought in the name of said association, It may make and enforce regulations concerning the carrying on of any business within said limits, that will, in the opinion of the Board of directors of said association hereinafter provided for, he prejudicial to public health or dangerous to or constitute an unreasonable annoyance to those living or owning property in the vicinity thereof, which regulations shall be uniform for each class of business.
SEC. 7. Entry on private property. Said association may make entry on private property within said limits without being liable to action for trespass for the following purposes: To remove refuse matter; to enforce police regulations; to make arrests; to prevent or extinguish fires and to exercise any other power granted by this set. In case of damage being done by such entry, it may be paid for by said association.
SEC. 8. By-laws. Said association may enact by-laws or ordinances, not in conflict with the. general statutes or town ordinances, with penalties to secure their enforcement, for the purpose of exercising the powers granted under this act, Including the following purposes not specifically mentioned elsewhere in this ad: To define the duties and compensation, if any, of officers, directors arid employees; to define the manner in which said duties shall be carried out; to regulate traffic over the highways and other roads within the limits of said association; to clean and improve any and all drainage ditches; to regulate the parking of vehicles; to maintain order and quiet; to regulate peddling, and to employ one or more persons or other agencies to remove refuse matter. No by-law or ordinance shall take effect or be enforced until the same shall have been posted for at least seven days on the public sign post of said association. A certificate of the secretary of said association of the due posting of any by-law or ordinance shall be prima facie evidence of such posting.
SEC. 9. The right to vote. Any owner-of record of land within the limits of said association shall be entitled to vote in any meeting of said association, subject to the following conditions: (a) A corporation shall appoint in writing some person, duly qualified, to cast the vote of the corporation; (b) several persons holding individual interests in any one piece of land within the limits of said association shall appoint one person to cast the vote for them, and, for the purpose of such voting, such agent shall have the same power and right to vote that any sole owner who had arrived at the age of twenty-one years would have if he owned the same land; (c) a minor shall have no right to vote in person at such meeting or to appoint an agent to vote for him, but any duly qualified guardian, administrator or trustee for such minor shall have the same power and right to vote that any sole owner who had arrived at the age of twenty-one years would have if ha owned the same land; (d) any owner of land within the limits of said association, duly qualified to vote at any such meeting, who shall be unable to attend any such meeting, may appoint, by written proxy, a duly qualified person to cast his vote at any such meeting of said association. Each owner of land within the boundaries of said association who qualifies under the conditions set forth in this section shall be a legal voter at such meetings and, for the purposes of this act, shall hereinafter be so designated. A quorum for the transaction of business at any annual or special meeting of said association shall consist of not less than ten legal voters of said association; and, if ten legal voters shall not be present at such meeting, the presiding officer may adjourn such meeting from time to time until at least ten legal voters shall be present, A plurality of the votes cast by the legal voters at such meetings shall be necessary to elect an officer or other member of the board of directors. A majority of all the votes passed by the legal voters at an annual or special meeting of said association shall determine any questions.
SEC. 10. Meetings of the association. A special meeting of the owners of record of land within the territorial limits described in section 1 of this act shall be held on the first Sunday-of June, 1953, for the purpose of approving the provisions of this act. Said special meeting shall be called by the secretary of the Lake Williams Beach Association, at such time and place as the board of trustees of said association shall appoint and determine, by mailing a notice setting forth the time and place of said special meeting and the purpose for which called, to each owner of record of land within said territorial limits, so far as the names and addresses of such owners may be obtained from .the records of the assessors of the town of Lebanon, at his last-known address and by posting a copy of said notice on the bulletin board, not leas than two weeks before the date of said meeting. The provisions of this, act shall become effective upon adoption by a majority vote of said owners who shall be present at said special meeting, The president of The Lake Williams Beach Association shall act as the presiding officer at said special meeting and, immediately upon adoption of this act as provided for above, said president and other officers of the Lake Williams Beach Association shall become, ex of, officers of said association until their successors shall be chosen and shall have qualified. The first annual meeting of the legal voters of said association shall be held on the first Sunday in June, 1953, at such time and place as said acting officers shall appoint at which meeting said legal voters shall elect by ballot a governing board of directors consisting of a president, vice-president, secretary, treasurer, tax clerk and two directors for a term of one year, arid two directors for a term, of two years, who shall serve for the term for which they were elected and until their successors shall be chosen and shall have qualified- All new officers shall be sworn in. by the outgoing president or vice-president. Succeeding annual meetings of the legal voters of said association shall be held on the first Sunday in June of each year at such time and place as the governing board shall appoint, at which meeting said legal voters shall elect a president, vice-president, secretary, treasurer and tax clerk, each to serve a term of one year and two directors to serve a term of two years and until their successors shall be chosen and shall have qualified- The president, vice-president arid directors shall serve without pay; the compensation of the secretary, treasurer and tax clerk shall be approved by the legal voters at the annual meeting. Should a vacancy occur in said board, the remaining members of the board by an affirmative vote of a majority thereof may elect a successor to hold office for the unexpected term of the member whose place he takes. Special meetings of said association may be held during any month and may be called by the president or any three members of said governing board of directors, Notice of each annual or special meeting snail be posted upon the public bulletin board within the territorial limits of said association, at least ten days before the date of such meeting, signed by the president or any three members of the board of directors of said association, which notice shall designate the time and place of such meeting and the business for which called; and when, in the opinion of the board of directors, circumstances seem to justify such action, a copy of such notice shall be mailed to each legal voter of said association.
SEC, 11. Appeal. Any person aggrieved by any order, regulation or act of said association, its officers or agents, may appeal to the court of common picas for New London county or to a judge of said court in vacation, by petition setting forth the reasons for appeal to which shall be annexed a citation to said association, which snail be served upon its president or secretary within five days after the issuance of or refusal of issuance of any such order, regulation or act and shall be returnable to said court or judge within ten days after the service of such petition. Said court or judge shall review the facts and enter a decree thereon. Costs may be taxed in the discretion of the court or judge in favor of the prevailing party. During the pendency of any such appeal, such orders, regulations or acts, or such refusal to grant the same, shall remain, in full force and effect until set aside or vacated by decree of said court or said judge.
SEC. 12. Taxes. Said association, for the purpose of apportioning among all owners of land or other real property subject to taxation all of the cost or expense of exercising the powers granted by this act, may lay and collect, or have collected, taxes not exceeding more than one-half the rate of mills, ordered by the town of Lebanon, on the assessed value of such land or such other real property as it shall appear on the last-completed grand list of the town of Lebanon. Each such tax, when levied in the manner hereinafter provided, shall become due and payable on the next following tax: due-date of the town of Lebanon, unless specifically ordered otherwise by the board of directors of said association. Each such tax shall constitute a lien upon the land or other real property thus assessed and shall have precedence over all other liens, except those for state, county and town taxes, and the procedure provided by the general statutes as to continuance and foreclosure of tax liens shall apply to liens for such assessment. Any person claiming to be aggrieved by any change in valuation from that appearing in the grand list of said town shall have the right to appeal to the board of tax review of the association. The board of directors shall constitute the board of tax review of said association and shall give notice, by advertising in a newspaper having substantial circulation among the members of said association, of each of its meetings whereat it functions as a board of tax review, at least seven days prior to any audit meeting. Any person still aggrieved after such appeal to the board of tax review of said association shall have the same right of appeal to the superior court as is provided by the general statuses m cases of appeal from boards of tax review of towns to the superior court.
SEC. 13. Board of Directors. The board of directors shall act as the agent of said association in carrying out the provisions of this act and otherwise administering its affairs. Said board may make such by-laws or ordinances and take such, steps for their enforcement, within the law, as may be necessary to effectuate the intent and purposes of this act. Said board shall make recommendations to said association, from time to time, on matters relating to the administration of the affairs of the association. Said board may employ or order the employment of each persons as may be necessary to properly carry out the provisions of this act, determine the amount of compensation to be paid to each such person and order the discharge of each such person when, in its opinion, such action shall seem advisable. Said board may authorize expenditures necessary under the provisions of this act, and shall provide that all such expenditures, officer, member of the board or other person to whom such authorization may be given directly or indirectly by said board, shall be properly accounted for by voucher and approved for payment by an authorized executive, which voucher shall be turned over to said treasurer for payment and for entry on the records of said association. Said board may assess and provide penalties for non-payment of fines for the violation of such by-laws as may be passed by said board of directors under the powers granted by this act. Said board may determine what records shall be kept of the affairs of the association and shall see that all officers, directors, clerks or other persona engaged in making such records shall receive reasonably complete Instructions as to their proper keeping.' Said board may, when necessary to the proper exercising of the powers granted under this act, borrow money and, as security therefor, issue notes to pledge the credit of the association and mortgage any property which it may own. At the first meeting of said board of directors after each annual meeting, the president shall present to said board its appointments far the new fiscal year to the following standing committees: Finance, roads, zoning, law and order, traffic and signs, health and sanitation and association property and equipment. When such appointments have been duly considered and accepted by said board, the secretary shall prepare and send to each member of said board and to each appointee a list of the officers, directors and committee members for such fiscal year, showing for each his name, address and the name of the committee, if any, on which he is to serve. The finance committee shall prepare a budget and submit the same to the association for adoption at the annual meeting. Said board, in exercising its powers snail be subject to the following restrictions: (a) It shall make in no one year cash expenditures of more than two hundred dollars unless and until authorized by vote of said association; (b) it shall not, within any year, make contracts or incur obligations which shall. In the aggregate, amount to more than five hundred dollars unless and until authorized by the vote of said association, and (c) it shall borrow no money at any time unless and until authorized by said association.
SEC. 14. President and Vice-President. The president of said association shall be the chief executive officer thereof and shall preside at all meetings of the voters of said association and of $aid board of directors. He shall be, ex officio. a member of all committees- He shall, as soon as may be practical after his election, appoint the members of all standing committees for the current fiscal year, including on each committee at least one member of said board of directors. In the absence of the president, the vice-president shall fulfill all the duties of the president.
SEC. 15. Secretary. The secretary shall record and keep in his records the minutes of each meeting of the association and of each meeting of the board of directors. He shall keep a record of all votes, orders and acts of said board and of said association. He shall keep at all times a record of all voters of the territory of said association. The treasurer shall collect or have collected such taxes and assessments as may be laid by said association under the provisions of this act, and, in so doing; have all the powers and be subject to all the duties provided by law for tax collectors of towns. He shall have custody of all funds of said association, shall receive and pay out moneys of the association and shall keep records thereof, under such rules and regulations »s shall be prescribed by the board of directors. Said treasurer may sign checks for said association and, when necessary and proper, shall indorse on behalf of said association all notes, checks and other receivables requiring such endorsement and shall deposit the same to the credit of said association in such bank as the board of directors may designate. At the close of each fiscal year he shall make up statements showing the income and expense during each fiscal year and shall make full report, for such fiscal year, of the financial operations of said association, for presentation, at the annual meeting held on the first Sunday in June after the expiration of such fecal year. The treasurer of said association shall furnish such surety bonds as shall be satisfactory to the board of directors as to amount and surety, the cost of such bond to be paid by said treasurer as part of the authorized expense of said association.
Sec. 16, Tax Clerk. The tax clerk shall collect or have collected such tax data and maintain or have maintained such records as may be required by said board of directors of said association under the provisions of this act. Unless specifically otherwise ordered by said board of directors, he shall (a) maintain a record of all transfers of land or other real property within the territory of said association and (b) prepare and send to the treasurer, not later than one month prior to the tax due date, a rate bill apportioning the association tax for the year among the owners of land and other real property in said association. Said tax clerk shall also act as an assistant treasurer and help said treasurer in any way that said treasurer may require.
Approved, May 20, 1953.
Certificate of organization filed with secretary of state, September 2,1953.