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West Shore Charter Changes

West Shore Charter Changes

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Published by New Haven Register

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Published by: New Haven Register on Mar 09, 2009
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06/17/2009

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HOME RULE ORDINANCEWEST SHORE FIRE DISTRICTCITY OF WEST HAVENADAOPTED BY REFERENDUM MAY 6, 1988ADMINISTRATIVE OFFICERSCHIEF JAMES T. BURNS, JR.DEPUTY CHIEF ROBERT A. BURNSASSIST. CHIEF JOSEPH MALONEBOARD OF FIRE COMMISSIONERSRICHARD L. TRACY, CHAIRMANROBERT W. REILLY  JOSEPH A. BUREAU
PROPOSED CHANGES 2009
 
PREFIXCONSTRUCTION OF CHARTER WORDS AND PHRASES1.In the construction of this charter, words and phrases shall be construed according to thecommonly approved usage of the language and technical words and phrases and such ashave acquired a peculiar and appropriate meaning in the law shall be construed andunderstood accordingly.2.Words importing the masculine gender may be applied to female.3.Words importing the feminine gender may be applied to males.4.Whenever a title which denotes gender is applied to an individual, the title shall suit thegender of the individualCHAPTER ISECTION 1. INCORPORATION AND GENERAL POWERSAll inhabitants of that part of the City of West Haven known as the West Shore Fire District assaid District is now designated or may hereafter be designated qualified to vote as set forthin Section 7-6 of the Connecticut General Statutes, as may be amended from time to time,are created a body politic and corporate by the name of the West Shore Fire District of theCity of West Haven (hereinafter called the District) and by that name and their succors shallhave the perpetual succession, and may hold and exercise all powers and privileges,heretofore exercised by said District and not inconsistent with the provisions of this charter.SECTION 2. BOUNDRY LINES The boundary lines of the West Shore Fire District are defined in Special Act 137 of 1931,entitled “An Act Defining the Boundary Lines of the West Shore Fire District of the Town of West Haven” , and the provisions of said Special Act are incorporated herein and made a parthereof as if specifically set forth herein. These boundaries are also set forth on map #811,1”=800’, entitled “West Shore Fire District”, dated April, 1971, and filed August 16, 1973 inthe West Haven Town Clerk’s Office. The boundaries or territorial limits of this District may beenlarged or reduced in the manner set forth in Chapter 105, Section 7-325 of the ConnecticutGeneral Statutes, as amended from time to time.SECTION 3. FUTURE COMPANIESAny future companies that are deemed necessary for fire protection within said District shallbe organized by a vote of the Fire Commissioners and approved by the voters at the AnnualMeeting.SECTION 4. RIGHTS AND OBLIGATIONSAll property, both real and personal, all rights of action and right of every description, and allsecurities and liens vested or inchoate in said District, as of the effective date of this Charter,are continued and will be vested in said District; and said District shall continue to be liable
 
for all debts and obligations of every kind, for which the District shall be liable on said datewhether accrued or not. Nothing herein shall be construed to affect the right of the District tocollect any assessment, charge, debt, or lien in existence at the time this Charter is adopted.Any contract of the District prior to the effective date of this Charter, or any bond, note orundertaking given by or in favor of said District, shall in no manner be impaired by theadoption of this Charter, but shall continue in full force and effect.SECTION 5. GENERAL GRANT OF POWERS The District shall have, in addition to the powers specifically granted by this Charter and theGeneral Statutes of the State of Connecticut pertaining to Fire Districts, as amended fromtime to time, all powers necessary to accomplish the objects of a fire department toextinguish fires and promote, protect, enhance, and further the general health, welfare andproperty values of its inhabitants. The District shall further have and exercise all of thepowers and duties granted to fire districts pursuant to the provisions of Chapter 105, Sections7-324 to 7-329 inclusive, of the General Statutes, as amended from time to time. The districtshall have the powers, not inconsistent with the General Statutes, impliedly incident to and inrelation to the objects for which it was established, that are necessary for theaccomplishment of such objects, including the power to lay and collect taxes. The Districtshall have all other powers incident to the ownership of property and the management of property and the affairs of the District, including the power to enter into contracts with theUnited States, the State of Connecticut or any political subdivision thereof including the Cityof West Haven and any other town, city, borough or other district for carrying out any of thepurposes which further or enhance the objects for which the District was established. TheDistrict shall have the power to contract for services and the use of facilities, the exercise of which powers is not expressly forbidden by the Constitution and the Connecticut GeneralStatutes. The enumeration of particular powers in this and any other article of this Chartershall not be construed as limiting this general grant of powers but shall be considered as inaddition thereto.SECTION 6. BORROWING AND ISSUING The West Shore Fire District, acting by and through its Board of Fire Commissioners, isauthorized to borrow and issue, in the name of, on behalf of and upon the full faith and creditof said District, bonds, notes or other certificates of indebtedness for any of its corporatepurposes, including, but not limited to, the purchase, construction, maintenance, and repair of firehouses; the purchase, maintenance and repair of fire engines and fire equipment and thepurchase, construction maintenance and repair of any other District property, real orpersonal, subject only to the provisions of Chapter 109 of the Connecticut General Statutes,(See Special Act 83-13) as it may from time to time be amended, applicable to municipalitiesor fire districts generally, except for a special limitation that will apply on the borrowing forbonds, notes or other certificates of indebtedness. The limitation will be such that the amountof borrowing authorization, combined with the present debt, from borrowing on the bonds,notes, or other certificates of indebtedness, shall not exceed One Hundred Fifty Per Cent(150%) of the previous year’s annual taxation receipts; however, in the case of a majordisaster due tostorm, fire, or other,ADDED, “AN ACT OF GOD”the special limitation will not apply.Said District shall, by majority vote, on paper ballots or by a “Yes” or “No” vote on votingmachines, of the District voters present at a meeting duly called for such purpose, at a time

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