RTM June 13, 2005 Call - Town of Greenwich, Connecticut

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STATE OF CONNECTICUT

A regular Representative Town Meeting of the Town of Greenwich will be held in the Moderator’s Hall of Central Middle School on Monday June 13,2005 at 8:00 P.M.(E.D.T.) for the following purposes:

l. To consider and act upon the following resolution, postponed from the April 2005 meeting.

Referred to Appointments Committee

Referred to Land Use Committee

2. To consider and act upon the following resolution, postponed from the April 2005 meeting.

Referred to Appointments Committee

Referred to Land Use Committee

3. To consider and act upon the following resolution, postponed from the April 2005 meeting.

Referred to Appointments Committee

Referred to Land Use Committee

4. To consider and act upon the following resolution, requested by the Appointments Committee.

Sec. 2-125 Local representation on population basis.

Pursuant to the provisions of Section 8-31a of the General Statutes, the town, having a population of 59,755 according to the Federal Census of 1970, is entitled to three (3) representatives on SWRPA. These representatives shall serve without compensation. The Planning and Zoning Commission shall appoint one (1) representative [from among its members whose term of office shall be one (1) year. Thereafter, the term of office for this representative shall be three (3) years.] who shall serve without fixed term at the will and pleasure of the Planning and Zoning Commission. The Representative Town Meeting shall appoint on nomination of the Selectmen two (2) representatives who shall be members of the Representative Town Meeting, thus creating a liaison between SWRPA and the Representative Town Meeting. The term of office of either representative shall cease shall he/she cease to be a Representative Town Meeting member. The term of office of one (1) of these two (2) representatives shall be two (2) years and thereafter shall be three (3) years. The term of office of the other representative shall be three (3) years upon his/her initial appointment and thereafter shall be three (3) years. A representative whose term has ended shall serve until replaced. All terms of office shall end on March 31st.

Referred to Appointments Committee

Referred to Land Use Committee

Referred to Legislative & Rules Committee

5. To consider and act upon the following resolution, requested by the First Selectman.

FURTHER RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby approves such provisions of the award, if any, which may be in conflict with any charter provisions, special act, ordinance, rule, or regulation of the Town of Greenwich with the meaning of Connecticut General Statutes, Section 7-474.

Referred to Finance Committee

Referred to Labor Contracts Committee

Referred to Town Services Committee

6. To consider and act upon the following resolution, requested by the First Selectman.

Referred to Finance Committee

Referred to Labor Contracts Committee

Referred to Town Services Committee

7. To consider and act upon the following resolution, requested by the First Selectman.

Referred to Finance Committee

Referred to Labor Contracts Committee

Referred to Town Services Committee

8. To consider and act upon the following resolution, requested by the Fire Chief and approved by the First Selectman and the Board of Estimate and Taxation.

205-51100 Payment for Overtime Services $75,867

Referred to Finance Committee

Referred to Town Services Committee

9. To consider and act upon the following resolution, requested by the First Selectman and approved by the Board of Estimate and Taxation.

Sec. 12-6.1. Property tax relief for the elderly.

1. Pursuant to General Statutes ¡ì 12-129n property tax relief shall be provided to any resident[s] of the town with respect to real property occupied by such resident[s] as his or her [their] principal residence for which the resident is [they are] liable for taxes as owner[s] or as tenant[s] for life or years under General Statutes ¡ì 12-48, who meets the qualifying total annual income herein and (1) who is[are] sixty-five (65) years of age or over, (2) whose spouse[s], living with the resident is [them, are] sixty-five (65) years of age or over, or (3) who is [are] sixty (60) years of age or over and the surviving spouse of a taxpayer receiving relief in the town under this section at the time of his or her death. The ages specified in this section shall have been attained by December 31 preceding the application for tax relief under this ordinance.

2. Residents or spouses qualifying for tax relief under this section must be taxpayers of real property located in the town for one (1) year immediately preceding their receipt of tax benefits under this section and meet the requirements set forth in subsection 11 of this section with respect to the qualifying total annual income allowable for their federal income tax year preceding the year in which application is made for tax relief under this section.

3. Prior to the granting of property tax relief, such person must first have applied for tax relief under any other statute for which he or she is eligible and shall certify to the assessor and tax collector the tax credits received thereunder or shall certify to the assessor and tax collector at the time of filing an application for relief hereunder on a form provided by the assessor that he or she is ineligible for such tax relief. No property tax relief granted under this section, together with any property tax relief received by any such person under all applicable statutes shall exceed, in the aggregate seventy-five (75) percent of the total amount of the tax which would, except for those applicable statutes and this section, be laid against the person applying for tax relief hereunder.

4. The total abatement of property tax revenue which may be granted in such tax year by the town pursuant to the provisions of this section shall not exceed an amount, based on an estimate in any tax year by the board of estimate and taxation, equal to one (1) percent of the total real property tax levied [assessed] in the town in the preceding tax year. Such tax relief granted to eligible persons for any fiscal year shall be ratably decreased if necessary to keep the total amount of the town tax relief within such limit.

5. For purposes of this section the principal residence requirement in subsection 1 shall be met if the residents seeking qualification shall have maintained residence in the property for which tax relief is being sought for at least one hundred eighty-three (183) days during the twelve (12) months immediately prior to the filing of an application hereunder.

6. Qualifying total annual income for tax relief under subsection 11 of this section shall be reviewed and determined by the assessor on the basis of amounts listed in the computation of total income for federal income tax purposes furnished by the taxpayer for the year preceding the filing of an application for tax relief hereunder of the applying individual, if unmarried, or jointly, if married, regardless of whether or not separate federal income tax returns were filed by such person or his or her spouse and shall be adjusted in accordance with subsections (a) and (b) of this section.

(a) Included in income. Qualifying total annual income shall include income from the following sources, whether or not such sources were included in amounts listed for the computation of total income in a federal income tax return, and shall therefore be adjusted and determined by the assessor to the extent such amounts are not included as total income in a federal income tax return:

(1) Wages, bonuses, commissions, gratuities and fees, self-employment net income;

(2) Gross Social Security, Federal Supplemental Security Income, payment for jury duty (excluding travel allowance);

(3) Dividends, interest, and annuities;

(4) Taxable IRA distributions;

(5) Black Lung payments;

(6) Interest or proceeds resulting from gifts received;

(7) Lottery winnings;

(8) Net income from sale or rent of real or personal property, provided that, to the extent that there is no net income, qualifying total annual income shall not be decreased by sale and rental net income losses;

(9) Pensions, including veterans' and railroad retirement;

(10) Severance pay; unemployment compensation;

(11) Worker's compensation;

(13) Capital gains, provided that, to the extent there is no capital gain, qualifying total annual income shall not be decreased by capital losses;

(14) Partnership income, provided that, to the extent there is no net income, qualifying total annual income shall not be decreased by partnership net income losses;

(b) Excluded from income. Qualifying total annual income shall exclude income from the following sources, whether or not such sources were included in amounts listed for the computation of total income in a federal income tax return or under subsection (a) above and shall therefore be adjusted and determined by the assessor to the extent that such amounts are included in a federal income tax return or under subsection (a) above:

(1) Social Security payments specifically for a dependent person or minor child;

(2) Casualty loss reimbursements by insurance companies;

(3) Gifts, bequests or inheritances, except for any interest or other income produced by the gift, bequest or inheritance;

(4) Grants for disaster relief;

(5) Income derived through volunteer service under the Domestic Volunteer Service Act of 1973, as amended, including stipends earned under the Foster Grandparents' Program, Retired Senior Volunteer Program, Senior Companion Program, and Community Training under Department of Mental Retardation;

(6) Life insurance proceeds;

(7) For a married homeowner whose spouse is a resident of a health care or nursing home facility in the state and who is receiving payment related to such spouse under Title XIX Medicaid, total income shall not include the spouse's Social Security income, provided that the following has been submitted to the assessor on the facility's letterhead and signed by the administrator or other nursing home official:

(i) Proof that the spouse is in a Connecticut health care or nursing home facility,

(ii) The name and address of the facility,

(iii) The period during the benefit year that the spouse was in the facility,

(iv) The period during the benefit year that the spouse was on Title XIX Medicaid;

(8) Food stamps; fuel assistance; child support payments and temporary family assistance program payments.

7. No tax relief shall be given under this section to any person who has delinquent taxes to the town from real property, personal property or motor vehicles, including capital assessments or user charges owed to the town which have not been paid in full or brought current by June 1 preceding the fiscal year for which tax relief shall be granted. [of the year in which the application is taken.] For purposes of this section, abated taxes shall not be considered delinquent.

8. The form of application for property tax relief under this ordinance shall: a) be made by affidavit on forms provided by the [A]assessor and accompanied by documentation of all qualifying income, including a copy of the applicant's most recent federal tax return for the taxpayer's fiscal year immediately preceding the town's fiscal year for which tax relief is being requested and, b) state the qualifying information set forth in the preceding sections of this ordinance, whether or not applicant has previously applied or is currently applying for any other tax relief for the elderly or disabled under any state statute. For those persons not required by law to file a federal tax return, an affidavit from such persons shall be required attesting to the fact that they are not required to file a tax return.

9. [The time for filing a] An application for property tax relief under this ordinance, including any required affidavit and documentation, shall be filed by mail or delivered in person to the assessor’s office [annually] not earlier than February 1, nor later than May 15 to obtain property tax relief for the next fiscal year. For those persons who have sought and received by May 15 an extension of time to file a tax return, the application must nevertheless be filed by May 15 and a copy of the tax return received by the assessor's office by June 15 or the application will be denied. If the qualifying total annual income for the year following that contained in the application remains less than the limit of the category approved for a resident under subsection 11 then that resident shall not be required to file an application in the next following year but shall only be required to file an application biennially and the assessor may rely on the approved application on file to continue the tax credit accordingly. Otherwise, based on changes for such following year in qualifying total annual income that exceed the limit of the category approved for a resident or for a claim that the resident be allowed a larger credit based on a lower income category under subsection 11, the resident shall notify the assessor of such change and, if still qualifying for property tax relief, shall file again annually, by the dates set forth in this subsection.

10. The property tax relief available hereunder shall be available for one (1) residence only collectively for each applicant and spouse and shall not apply to any residence with an assessed value in excess of one hundred and fifty (150) percent of the median assessed value of residences sold during the prior assessment year as calculated by the assessor.

11.(a) The computation of the amount of property tax credit hereunder, subject to subsection 3, for the fiscal year commencing July 1, 2006 shall be determined on the following graduated basis:

Qualifying Total Annual Income Property Tax Credit

Less than $18,000 [15,000.00] $1,700 [1,500.00]

$18,000-27,250 [15,000-$26,500.00] $1,130 [1,000.00]

$27,251-$39,000.00 [26,501-$38,000.00] $ 850 [750.00]

(b) For fiscal years commencing July 1, 2007 and following, the amount of tax credit shall be adjusted from the prior year as follows:

(1) In a fiscal year in which a tax assessment revaluation becomes effective, the percentage change shall be the product of the new mill rate times the new grand list divided by the product of the prior grand list times the prior mill rate, minus one.

Prior Grand List = $20 Billion

Prior Mill Rate = 12 mills

New Grand List = $40 Billion

New Mill Rate = 6.2 mills

Benefit Change = ((6.2 mills x $40 Billion)/(12 mills x $20 Billion)) -1 = ($248 million /$240 million) -1 = .03333 or 3.333% increase

(2) In a fiscal year in which a tax assessment revaluation does not become effective the percentage change shall be the same as the change in the mill rate from the prior year.

12. Upon the death of any person entitled to tax relief pursuant to this section, the tax relief hereunder shall end the following June 30, unless his or her spouse is otherwise qualified.

13. If any person entitled to a tax credit hereunder sells the property with respect to which the tax relief hereunder has been granted, the tax relief shall be suspended as of the date of conveyance and the nonqualifying purchaser of such property shall pay the town a prorated share of taxes thereby due and owing as provided by General Statutes ¡ì 12-81a.

14. The property tax relief provided for in this section may, in any case where title to real property is recorded in the name of the taxpayer or his or her spouse and any other person or persons, be prorated to reflect the fractional portion of such taxpayer or spouse or, if such property is a multiple family dwelling, such relief may be prorated to reflect the fractional portion of such property occupied by the taxpayer.

15. Persons qualifying in accordance with age and income requirements of this section shall be eligible if they are unit owners and occupiers of a cooperative. The amount of annual property tax relief in accordance with this section to any such person shall be determined in relation to an assumed amount of property tax liability applicable to the assessed value for the dwelling unit which such person owns and occupies as determined by the assessor which may be based on the number of cooperative shares attributable to the unit compared to the total number of shares in the cooperative. For purposes of this section the assessor shall determine the assumed amount of property tax liability applicable to the assessed value for the dwelling unit of each such person who is otherwise eligible under this section, but such determination shall not constitute a tax bill for purposes of property taxation of such cooperative or any individual dwelling unit thereof. Annually not later than the first day of June, the assessor, upon the basis [receipt] of an application for such relief, shall determine, with respect to the assessment list for the assessment year commencing October first immediately preceding, the portion of the assessed value of the entire cooperative, as included in such assessment list, attributable to the dwelling unit occupied by such person. The assumed property tax liability for purposes of determining the amount of such relief shall be the product of such assessed value and the mill rate in such municipality as determined for purposes of property tax imposed on said assessment list for the assessment year commencing October first immediately preceding. The amount of relief to which such person shall be entitled for such assessment year shall be equivalent to the amount of tax reduction for which such person would qualify, considering such assumed property tax liability to be the actual property tax applicable to such person's dwelling unit and such person as liable for the payment of such tax.

16. The tax collector and assessor shall prescribe with regard to their respective duties under this section, such forms and procedures as may be necessary to implement this section. The assessor, in addition, shall take such steps as are necessary to satisfactorily establish the facts as to the qualifying income of an applicant for benefits under this section by requesting and reviewing income tax forms filed therewith and any additional evidence of qualifying income, which the assessor may require. This documentation shall not be open to public inspection. The assessor may deny the application of a person who fails to provide information required by the assessor that is necessary to determine eligibility.

17. This ordinance, as amended, shall be effective starting with [the fiscal year commencing July 1, 2002.] applications accepted February 1, 2006 for tax relief for the fiscal year commencing July 1, 2006.

18. [All provisions of this ordinance, as amended, shall cease to be effective on June 30, 2006 unless an ordinance extending this ordinance is properly submitted to the Board of Estimate and Taxation and the Representative Town Meeting and approved prior to that date.]

(RTM, 4/9/2001; RTM, 12/10/2001.)

(additions bold; deletions within [brackets])

Referred to Finance Committee

Referred to Legislative & Rules Committee

10. To consider and act upon the following resolution, requested by the Commissioner of Public Works and approved by the First Selectman and the Board of Estimate and Taxation.

Referred to Finance Committee

Referred to Public Works Committee

11. To consider and act upon the following resolution, requested by the Commissioner of Public Works and approved by the First Selectman and the Board of Estimate and Taxation.

Referred to Finance Committee

Referred to Public Works Committee

12. To consider and act upon the following resolution, requested by the Commissioner of Public Works and approved by the First Selectman and the Board of Estimate and Taxation.

Referred to Finance Committee

Referred to Public Works Committee

13. To consider and act upon the following resolution, requested by the Commissioner of Public Works and approved by the First Selectman and the Board of Estimate and Taxation.

Referred to Public Works Committee

14. To consider and act upon the following resolution, requested by the Commissioner of Public Works and approved by the First Selectman and the Board of Estimate and Taxation.

Referred to Public Works Committee

15. To consider and act upon the following resolution, requested by the Commissioner of Public Works and approved by the First Selectman and the Board of Estimate and Taxation.

Referred to Finance Committee

Referred to Public Works Committee

16. To consider and act upon the following resolution, requested by the Commissioner of Public Works and approved by the First Selectman and the Board of Estimate and Taxation.

Referred to Finance Committee

Referred to Public Works Committee

17. To consider and act upon the following resolution, requested by the First Selectman and approved by the Board of Estimate and Taxation.

Sec. 260. Payment of assessment and taxes.

(a) The benefits apportioned and assessed as provided in the pertinent provisions of this Article, or in any other General or Special Act relating to sewer assessments in the Town shall be payable in one sum on the [September] first day of the first month following the expiration of forty-five (45) days after the filing of the sewer assessment list or in approximately equal successive annual installments commencing on [such September] the first payment date with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment, except that the first installment of any assessment against property in an area of future benefit which neither abuts nor is connected with a sewer shall become due on and bear interest from the [September] first day of the first month following the expiration of one (1) month after the completion of an abutting sewer or connection with a sewer. Such rate of interest, and the number of installments, which shall not exceed twenty (20), shall be determined by the Board of Estimate and Taxation. Overdue assessments and installments thereof shall bear the same rate of interest as overdue Town taxes. The entire unpaid balance of any assessment may be paid at any time with the accrued interest to the date of payment. If two (2) successive annual installments are in default, the entire balance, at the option of the Board of Estimate and Taxation, shall forthwith become due and payable with interest.

(b) Whenever a determination has been made to recover a portion of the cost of construction of sewage disposal plants and trunk sewers by the laying and levying of taxes against the properties within the sewer district, the Board of Estimate and Taxation shall determine the annual tax necessary to recover that portion of the cost of the sewage disposal plants and trunk sewers over a period of time not to exceed twenty (20) years. On or before January 31 preceding the due date of each annual tax, the Assessor shall present to the Board of Estimate and Taxation a statement showing the total assessed valuation upon the grand list last completed of the real estate including land and buildings within the sewer district. The Board, by the affirmative vote of seven (7) of its members, shall on or before May 25 determine the tax rate which shall be laid thereon to pay for the portion of the cost of such project to be recovered in the following year, together with interest accruing during the year on the unpaid balance of indebtedness incurred to pay such part of the cost of such project as is to be recovered by taxation of properties within the Sewer District, and levy taxes at a uniform rate upon such properties.

(c) The chairman and clerk of the Board shall forthwith file a certificate of the laying and levying of such taxes in the office of the Town Clerk. Such taxes shall become due in two (2) equal installments with the Town taxes, shall bear the same rate of interest as unpaid town taxes, and shall be a lien upon such properties, including any buildings and improvements thereon, from the date of the last-completed grand list, provided that no lien shall continue to exist for more than one (1) year from the date that the tax becomes due and payable unless continued in the manner provided by law for the continuance of real property tax liens. Such lien shall take precedence over all other liens and encumbrances excepting existing taxes or assessments.

(S.A. 333 ¡ì 7, 1955; as amended by RTM, 1/8/62; RTM, 6/27/66; RTM, 3/10/69; RTM, 3/11/74.)

(additions bold; deletions within [brackets])

The foregoing proposal for home rule action requires an affirmative vote of a majority of the entire membership of the Representative Town Meeting.

Referred to Legislative & Rules Committee

Referred to Public Works Committee

18. To consider and act upon the following resolution, requested by the Superintendent of Schools and approved by the Board of Education and the Board of Estimate & Taxation.

Referred to Education Committee

Referred to Finance Committee

19. To consider and act upon the following resolution, requested by the Superintendent of Schools and approved by the Board of Education and the Board of Estimate and Taxation.

Referred to Education Committee

Referred to Legislative & Rules Committee

20. To consider and act upon the following resolution, requested by the First Selectman and approved by the Board of Selectmen.

Sec. 122. Department of Parking Services; Director.

(a) There shall be a Department of Parking Services under the supervision and control of the First Selectman. The Department of Parking Services shall have charge of administrative and managerial services relating to the parking areas and facilities of the Town including supervision of planning, development, operation, regulation, collection of revenue and use of public parking areas owned, leased with or otherwise subject to the jurisdiction of the Town and, as provided in this section, with supervision of the construction and furnishing of same with necessary equipment, signs, buildings, appurtenances and other structures and the maintenance thereof. The Department of Parking Services shall assist the Board of Selectmen, Board of Estimate and Taxation, Condemnation Commission, Planning and Zoning Commission and Representative Town Meeting in carrying out their responsibilities under this Article in such manner as the First Selectman may prescribe.

(b) The head of the Department of Parking Services shall be the Director of Parking Services who shall be experienced in matters of public parking administration and management. The Director shall perform the duties set forth in this Article and shall supervise public parking projects. The Director shall select and employ architects and professional engineers for projects requiring structural analysis, design, development and construction management, except that no architect or engineer shall be selected or employed without the prior approval of the Commissioner of Public Works and the Selectmen. No documents shall be issued for bidding for the construction of parking structures unless and until the final project plans and specifications have been sealed and approved by a professional engineer and approved by the Commissioner of Public Works and the Selectmen. The Director shall obtain written statements from the architect and engineer of record and general contractor involved in any project affirming that the completed construction is in compliance with the approved plans and design specifications. The Director shall superintend the issuance of all permits, licenses, assignments and scheduling of maintenance of public parking areas and facilities.

(c) The Director may make joint applications with the Commissioner of Public Works for appropriations for parking related activities including construction, maintenance and design professional work in order that they may be carried out by the Department of Public Works and shall obtain the approval of the Commissioner of Public Works for any on street parking activity that affects a Town highway. Such appropriations and appropriations for the parking administrative and managerial services shall be charged to the Department of Parking Services and may be made first from the parking fund and then, as necessary, from the general fund and shall be submitted and approved separately from appropriations for the acquisition and improvement of parking areas as otherwise provided by this Article. Determination of joint, administrative and managerial appropriation requests related to parking services shall be made by the First Selectman.

Sec. 12[2]3. Acquisition of land for public parking.

The Town is authorized to acquire real property, which shall include improvements, easements, hereditaments and every estate and interest therein, by purchase, lease, gift or condemnation, and to improve the same, for the purpose of providing for the public parking of vehicles, after funds to cover the estimated cost of acquisition and improvement have been appropriated and allotted as hereinafter provided and as provided by law in the Town.

(S.A. 177 ¡ì 1, 1957.)

Sec. 124. Appropriations for parking areas; initiation of projects.

[Sec. 123. Appropriations for parking areas.]

(a) The Town may make appropriations for, and provide out of the general fund and through borrowing, funds to pay the cost of the acquisition and improvement of parking areas, whether or not any part of such cost is to be reimbursed to the Town as hereinafter provided, and may allot such funds in the manner hereinafter provided.

(S.A. 177 ¡ì 2, 1957.)

[Sec. 124. Initiation of projects.]

(b) If in the judgment of the Board of Selectmen it is necessary to acquire or improve any area for the public parking of vehicles, it shall submit to the Board of Estimate and Taxation plans showing the area to be acquired or improved, together with a request for an allotment from funds appropriated for this purpose to meet the estimated cost of acquisition or improvement and, if necessary, an application for the appropriation of such funds as may be required for any such allotment.

(S.A. 177 ¡ì 3, 1957.)

Sec. 128. Acquisition of real property; procedure.

(a) After funds have been appropriated and allotted for the acquisition of any area for public parking, the Director of Parking Services [Commissioner of Public Works] may acquire such area by negotiation and, upon authorization of the Representative Town Meeting, may apply to the Condemnation Commission appointed under the provisions of Section 157 hereof, hereinafter called "the Commission," for the condemnation of such real property required for such purpose and for an assessment of damages. The Commission shall not take by eminent domain, for the purposes of this Article, any property of a corporation which has the right of eminent domain. This Article shall not affect the powers of eminent domain of such corporation.

(b) The Commission shall notify all persons claiming interest in such real property of a hearing on such proposed taking, notice of which shall be given to such persons at least ten (10) days before such hearing by leaving copies of such notice with them or at their places of abode in the Town, if they reside therein, or, if they do not reside in the Town, by registered or certified mail addressed to their last-known addresses, and by publication in a newspaper published or having circulation in the Town at least ten (10) days before such hearing. After such hearing the Commission shall determine whether or not such taking is necessary and, upon finding that it is necessary, shall determine and assess damages resulting from such taking and shall file in the office of the Town Clerk a certificate as to its determination of such necessity of taking and shall therein designate by number each lot or parcel taken, the owner thereof, if known, and the damages assessed in each instance.

(c) The Commission, within five (5) days after the filing of the certificate, shall give written notice of such determination of necessity and assessment and the amount thereof in each case to each person claiming interest in each lot or parcel taken, addressed to him at his last-known post-office address, and by publishing in a newspaper published or having circulation in the Town, within five (5) days after such filing, a notice of the filing in the office of the Town Clerk of the certificate of necessity and assessment of damages. Upon the filing of such certificate, title to the real property to be acquired shall vest in the Town.

(d) The assessment of damages shall be deemed final and conclusive upon such filing, without other notice to any person, subject to the right of appeal as provided in Section 149 hereof. The Town shall pay the amounts thus assessed to the persons claiming interest in each lot or parcel upon acceptance thereof. After the Town obtains title to real property acquired for public parking, the Director of Parking Services [Commissioner of Public Works] shall cause [improve] the same to be improved for public parking of vehicles after the allotment of funds therefor as herein provided.

(S.A. 177 ¡ì 7, 1957.)

Sec. 129. Certification of cost of acquisition or improvements.

(a) The Director of Parking Services [Commissioner of Public Works] shall advise the Comptroller when such public parking areas have been acquired or improved. The Comptroller shall thereupon compute and ascertain the total cost of acquisition or improvement thereof. In such total cost shall be included all expenses in connection with the acquisition of land, buildings, easements and other property, or in the improvement thereof, all sums paid by the Town to surveyors, engineers, architects, inspectors, attorneys and other persons in connection therewith, the cost of any work done by the Town, all expenses in connection with any assessment of benefits, and the interest on notes or bonds issued by the Town, or on funds advanced by the Town at a rate not to exceed six percent (6%) per annum, to pay the expense of such acquisition or improvement computed to the time at which the first installment of any assessment or tax becomes due, but not in excess of four (4) years interest.

(b) The Comptroller shall certify such total cost. The part of such cost which has been determined shall be assessed or taxed against the property within a parking district in accordance with the provisions of this Article. Where such cost is to be assessed, such certification shall be to the Condemnation Commission, and where such cost is to be taxed, such certification shall be to the Board of Estimate and Taxation.

(S.A. 177 ¡ì 8, 1957.)

Sec. 142. Parking Fund; use.

(a) A separate fund shall be established and maintained by the Town to account for:

(1) All amounts appropriated by the Town for the Department of Parking Services operation and maintenance of public parking areas and all amounts allotted by the Town for the acquisition and improvement of public parking areas;

(2) All amounts collected as parking assessments, including interest;

(3) All taxes levied under the provisions of this Article, including interest;

(4) All parking revenues;

(5) The proceeds of all notes and bonds issued under this Article; and

(6) All interest received on moneys in this Fund.

(b) The amounts received shall be used:

(1) For the acquisition or improvement of public parking areas;

(2) To reimburse the Town for any amounts advanced from the general fund for such purposes to the extent of funds not contributed by the Town for such purposes;

(3) To pay the Department of Parking Services expenses of operation and maintenance of the parking areas; and

(4) To pay the principal of and interest on any notes and bonds issued pursuant to the provisions of this Article.

(c) An allotment for any such acquisition or improvement shall continue in force until the cost thereof has been certified by the Comptroller. At that time the unencumbered balance of any such allotment shall be returned to the unappropriated surplus of the Parking Fund.

(S.A. 177 ¡ì21, 1957; as amended by RTM. 9/9/57.)

Sec. 143. Regulations and enforcement. [Maintenance and operation of parking facilities.]

[The Commissioner of Public Works is authorized to maintain public off-street automobile parking facilities acquired and improved under this Article] Reasonable regulations for the orderly use of the public parking areas [such facilities], including the payment of reasonable fees for [the] use and fines for violation thereof, may be prescribed by the Selectmen. [and shall be enforced by the Police Department.] Personnel of the Department of Parking Services, designated by the Director as Parking Control Officers and sworn to perform such duties before the Board of Selectmen, shall have authority to issue notices of violation of parking regulations of the Town as shall the Police Department and such other authorized officials as may be designated by the Selectmen. (S.A. 177 ¡ì22, 1957.)(as amended by RTM 9/13/76.)

Sec. 144. Entry upon property.

The Selectmen, Director of Parking Services, the Commissioner of Public Works, members of the Condemnation Commission and their respective agents, engineers and surveyors and such other persons as may be necessary to enable them to perform their duties under this Article are authorized to enter upon any property for the purpose of making surveys, examinations or investigations and preparing maps, and for such other purposes as may be necessary in the performance of their duties under this Article.

(S.A. 177 ¡ì 23, 1957.)