ARTICLE I
NAME AND PURPOSE
Sec. 1. NAME: The name of the Tax District shall be "KNOLLCREST TAX DISTRICT", hereinafter referred to as the District.
Sec. 2. PURPOSE: The purpose of the District shall be to maintain roads, water, fires hydrants, community property, recreational facilities, and do any and all things for the purpose set forth in
Section 7-326 of the Connecticut General Statutes (Revision of 1958, Revised to 1975), and amendments thereto, without limiting the generality of the foregoing, in that area commonly known as
"Knollcrest" as shown on a certain map entitled "Map of Knollcrest on Candlewood Lake, New Fairfield, Conn., Made by M. R. Moody", dated May 2, 1936, and which map is filed in the office of the Town
Clerk of the Town of New Fairfield and to which reference is made for a more particular description.
Sec. 3. LOCATION AND OFFICE: The principal place of business, location and address of the District shall be P.O. Box 8053, Knollcrest, New Fairfield, Connecticut 06812.
ARTICLE II
VOTERS AND MEETINGS
Sec. 1. VOTERS: Any citizen of the age of eighteen years or more who, jointly or severally, have real property valued at $1000 or more on the Grand List of the District, or any other person who
otherwise is eligible to vote in the tax district pursuant to Connecticut General Statute section 7-6 may vote. In case of conflict, those persons entitled to vote within the District shall be
governed by the General Statutes of the State of Connecticut pertaining to voting rights as may apply to this District only.
Sec. 2. ANNUAL VOTERS MEETING: The Annual Voters Meeting shall be held on a Saturday in August of each year at Knollcrest, New Fairfield, Connecticut, or at such other place in the Town of New
Fairfield, Connecticut as may be designated by the Board of Directors.
At said Annual Voters Meeting, the Officers and Directors of the District shall be elected and the voters shall do any and all things permissible or necessary within the limits of Section 7-327 of
the Connecticut General Statutes, as amended, in particular, but without limiting the generality of the foregoing and the relevant sections of the Connecticut General Statutes pertaining to the
District and the purpose established per Article I, Section 2 herein.
Sec. 3. ANNUAL BUDGET MEETING: The Annual Budget Meeting of the District will be on a Saturday in May of each year. At the Annual Budget Meeting, the budget shall be approved, the tax laid, and the
tax rate fixed for the next fiscal year per Article V.
Sec. 4. SPECIAL MEETINGS: Special Meetings of the District may be called by the President or any three Directors and must be called upon application of Twenty (20) persons qualified to vote in a
District meeting.
All Annual, Budget and Board Meetings shall be held in Knollcrest, New Fairfield, Connecticut or at such other place in the Town of New Fairfield, Connecticut as may be designated by the Board of
Directors.
Sec. 5: QUORUM: Not fewer than Fifteen (15) voters of the District shall constitute a quorum for the transaction of business at any meeting of the District.
Sec. 6. ADJOURNER: At all meetings of the District where a quorum is present, the meeting may be adjourned from time to time by a majority of the voters voting on the question.
If Fifteen (15) voters are not present at any meeting, the President of the District or, in his absence, the Vice President may adjourn such meeting from time to time, until at least Fifteen (15)
voters are present. No meeting shall be adjourned for a period of more than thirty days or less than fourteen days.
Sec. 7. NOTICE OF MEETINGS: Notice of all annual meetings and all special meetings, and any adjournments thereof, shall be given by posting a notice upon public sign posts within the territorial
limits of the District or notification sent via email at least ten days before the day of such meetings, signed by the President or any three Directors, which notice shall designate the time and
place of such meetings and the business to be transacted thereat.
In addition to the foregoing and any other notice required by the Connecticut General Statutes, notice of the annual meeting and any special meeting shall be published in a newspaper having
circulation within the District at least five (5) days before such meeting, and such notice shall designate the time and place of such meeting and the business to be transacted thereat.
Sec. 8. VOTING: All questions arising in such meetings shall be decided by a majority vote of the qualified voters present and voting, except that a three- quarter majority approval of the qualified
voters present and voting is required to increase the budget by 20% or more from the previous year's budget. The President shall vote only when there is a tie-vote. Voting at all meetings shall be
viva voce or such other method as a majority vote of the qualified voters present and voting shall determine. The within and foregoing shall not limit the rights of any voter pursuant to the
Connecticut General Statutes pertaining to voting in a tax district or the requirements of any vote pursuant thereto. Each voter shall have one (1) vote.
ARTICLE III
BOARD OF DIRECTORS
Sec. 1. QUALIFICATIONS AND NUMBER: There shall be nine members of the Board of Directors consisting of the following: the President of the District, the Vice President of the District, the Secretary
of the District, the Treasurer of the District and five other Directors, all of which shall be qualified voters of the District pursuant hereto and the Connecticut General Statutes.
Sec. 2. ELECTION AND TERM OF OFFICE: The Board of Directors shall be elected at the Annual Voters Meeting of the District, shall take office on the day of the Annual Voters Meeting and serve until
each successor has been duly elected and qualified at the succeeding Annual Voters Meeting.
Sec. 3. DUTIES OF DIRECTORS: The Board of Directors shall have the control and general management of the District. The Directors shall be in all cases act as a Board and individual directors shall
have no power as such unless otherwise provided herein or by the Connecticut General Statutes. They may adopt such rules and regulations for the conduct and management of the District, as they may
deem proper, not inconsistent with these By- Laws and the laws of the State of Connecticut.
They shall review the annual budget and prepare comments and recommendations, including compensation for servants or employees of the District, to be transmitted to the annual budget meeting of the
District.
Sec. 4. BOARD MEETINGS: In addition to the Annual Voters Meeting and the Annual Budget Meeting, the Board of Directors shall schedule a meeting during the months of January, March, May, July,
September and November of each year.
Sec. 5A. SPECIAL MEETINGS: The President or any three Directors upon giving notice as hereinafter provided may call special Meetings of the Board of Directors.
Sec. 5B. EMERGENCY MEETINGS: The President or any three Directors may call
Meetings with no written notice in an emergency.
Sec. 6. QUORUM: Not fewer than four (4) members of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board.
Sec. 7. ADJOURNMENT: At all meetings of the Board of Directors where a quorum is present, the meeting may be adjourned from time to time by a majority of members present voting on the question.
If four (4) members of the Board of Directors are not present at any meeting, the majority of the Directors present may adjourn the meeting from time to time until four (4) members are present.
No meeting shall be adjourned for a period of more than forty days or less than six days.
Sec. 8. NOTICE OF MEETINGS: Notice of the meetings of the Board of Directors shall be given by posting a notice upon the public sign post within the territorial limits of the District and written or
emailed notice sent to each member at least ten (10) days before the day of such meeting, signed by the President or any three Directors, which notice shall designate the time and place of such
meeting. Any adjournments thereof shall have written notice mailed to each member not less than five days before the Meeting. (Ref. article III, Sec. 4). Notice of special meetings, or adjournments
of all meetings shall designate the time and place of such meeting and the business to be transacted thereat, and shall be by written notice mailed to each member not less than five days before the
meeting.
The Directors, for each successive year, shall within 30 days of their election designate a time and place for their meetings and this schedule shall be posted on the public sign post or website
within the territorial limits of the District and filed with the Secretary of the District.
Sec. 9. VOTING: All questions arising in such meetings shall be decided by a majority vote of the Directors present and voting. The President shall vote only to dissolve a tie. Each Director shall
have one (1) vote. Voting at all meetings shall be viva voice or such other method as a majority vote of the Directors present and voting shall determine.
Sec. 10. VACANCIES: Any vacancy in the Board of Directors may be filled by the majority vote of the remaining Directors then in office.Vacancies shall be filled only for the un-expired portion of the
term and until a successor has been duly elected and qualified.
Sec. 10A. ABSENCE: If any member of the Board of Directors be absent from three or more consecutive meetings without having been excused from such attendance by the Board of Directors or by the
President, that member shall be deemed to have resigned and a vacancy to have been created which shall be filled as herein before provided.
Sec. 11. FINANCIAL INTEREST: No member of the Board of Directors or his or her immediate family shall have or maintain a business relationship with the District that provides financial compensation,
without the prior approval of two- thirds of the entire membership of the Board of Directors.
ARTICLE IV
OFFICERS and COMMITTEES
Sec. 1. NUMBER: The officers of the District shall be:
1. President
2. Vice President
3. Secretary
4. Treasurer
Sec. 2. ELECTION, TERM OF OFFICE AND QUALIFICATIONS: The Officers of the District shall be elected at the Annual Voters Meeting of the District, shall take office on the day of the Annual Voters
Meeting and shall hold office until the next Annual Voters Meeting or until their successors shall have been duly elected and qualified. Voting, election and qualification shall be in accordance
Article II hereof and the relevant sections of the Connecticut General Statutes.
Sec. 3. PRESIDENT: The President of the District shall be a member of the Board of
Directors and the Chairman thereof.
He or she shall preside at all meetings of the Board of Directors. At all meetings at which he or she presides he or she shall vote only to dissolve a tie-vote.
He or she shall designate duties upon each of the five (5) Directors.
He shall approve all bills for payment exceeding a sum from time to time so determined by the Board of Directors and may be a counter-signer, along with the Secretary or Treasurer, of all checks
drawn for payment.
He or she shall, ex officio, be a member of all Committees and Boards of the District.
He or she shall cause to be called regular and special meetings of the Voters or Board of Directors in accordance with these By-Laws and the General Statutes of the State of Connecticut.
He or she shall appoint, remove, employ and discharge, all servants and employees of the District, other than the duly appointed Officers and Directors, subject to and upon approval of the Board of
Directors.
He or she shall sign and make all contracts and agreements in the name of the District, subject to and upon approval of the Board of Directors.
He or she shall have general direction and management of the affairs of the District.
He or she shall do any and all things required by the General Statutes of the State of Connecticut.
Sec. 4. VICE PRESIDENT: The VICE PRESIDENT of the District shall be a member of the Board of Directors.
He or she shall have all the authority, power, and duties of the President whenever the President vacates the office, is absent or for any cause is unable to perform his duties.
He or she shall have such other powers and duties as the President shall from time to time delegate according to these By-Laws and the General Statutes of the State of Connecticut.
Sec. 5. SECRETARY: The SECRETARY shall be a member of the Board of Directors.
He or she shall keep a record of all the meetings of the Voters and the Board of
Directors.
He or she shall at all times keep a list of the Voters of the District (as defined in Article II Sec. I herein).
He or she shall give and serve all notices of the District.
He or she shall present to the Board of Directors at their meetings all communications addressed to him officially as an Officer of the District.
He or she shall attend to all correspondence.
He or she shall have such other duties and powers as the President shall from time to time delegate in accordance with these By-Laws and the General Statutes of the State of Connecticut.
The Secretary may be empowered to countersign checks.
He or she shall have the care and custody of all records, minutes and correspondence of the District and shall pass them intact to his or her successor upon completion of his or her term of
office.
Sec. 6. TREASURER: The Treasurer shall be a member of the Board of Directors. The Treasurer shall have charge of the collection and payment of all monies of the District, including without limitation
all annual or special assessments approved by the voters of the District, under such rules and regulations as from time to time shall be determined by the Board of Directors.
He or she shall prepare the annual budget that he or she shall submit to the Board of Directors.
He or she shall have the care and custody and be responsible for all the funds and securities of the District, and shall deposit all such funds in the name of the District in such bank, banks,
savings bank, savings and loan association, or bank trust company as the Board of Directors may designate.
He or she shall have the power to sign, make and endorse in the name of the District, all checks, drafts, warrants and orders for the payments of money, and pay out and disperse of same and receipt
therefore, all under the direction of the President and the Board of Directors.
He or she shall exhibit at all reasonable times his or her books and accounts to any officer, director or voter of the District upon proper application.
He or she shall render a statement of the finances of the District at the regular meetings of the Board of Directors, and at such other times as shall be required by the President, Board of
Directors, Voters, or the General Statutes of, the State of Connecticut.
He or she shall have an audit made of his or her books and accounts prior to the completion of his or her term of office, or prior to passing the records to his or her successor.
He or she shall have such other powers and duties as the President shall from time to time delegate in accordance with these By-Laws and the General Statutes of the State of Connecticut.
Sec. 7. VACANCIES: Any vacancy may be filled by the majority vote of the remaining Board of Directors then in office. Vacancy shall be filled only for the unexpired portion of the term and until a
successor has been duly elected and qualified.
Sec. 7A. NOMINATING COMMITTEE: Not later than June 15 of each year the President shall, subject to the approval of the Board of Directors, appoint a Nominating Committee to consist of three voters of
the District, of whom no more than one shall be a member of the Board of Directors. It shall be the duty of the Nominating Committee to nominate candidates for Officers and Directors at the Annual
Voters Meeting of the District. A copy of the report of said Nominating Committee shall be posted as herein before provided for notice of an Annual Voters Meeting of the District. Any other ten
qualified voters of the District shall have the right and privilege to nominate other candidates for any of said offices by filing with the Secretary at least ten days before the Annual Voters
Meeting of the District, a list of their proposed candidates, duly subscribed by the nominators. It shall be the duty of the Secretary to post notice of each such opposition ticket to ensure notice
to each voter of the District within five days before the date of the Annual Voters Meeting of the District.
Sec. 7B. SPECIAL COMMITTEES: The President may appoint such Special Committees, as the President deems necessary and shall designate the Chairperson thereof. Members of said Committees shall serve at
the pleasure of the President and shall have duties as the President, subject to the approval of the Board of Directors, may authorize.
ARTICLE V BUDGET
Sec. 1. PREPARATION: Prior to the Annual Budget Meeting, the Treasurer shall prepare the annual budget to be proposed by the Officers of the District.
The annual budget shall contain in reasonable detail: (1) an itemized statement of all actual receipts from all sources during its last fiscal year (2) an itemized statement by classification of all
actual expenditures during the same year (3) an itemized estimate of anticipated revenues of the District during the ensuing fiscal year from each source other than from District property taxes and
an estimate of the amount which should be raised by District property taxation for each ensuing fiscal year (4) an itemized estimate of expenditures of the District for the ensuing fiscal year; (5)
the amount of revenue surplus or deficit of the District at the beginning of the fiscal year for which estimates are being prepared; and (6) such other information, statements, accounts or estimates
as the Board of Directors or the General Statutes of the State of Connecticut may require.
The Board of Directors shall review the budget and make comments and recommendation thereon, all of which shall be transmitted to the Voters at the Annual Budget Meeting for adoption.
Sec. 2. APPROVAL OF BUDGET: Annually, not less than (30) thirty-days prior to the beginning of the fiscal year, there shall be a meeting of the Voters of the District for the purpose of approving the
budget, laying the tax and fixing the tax rate. (Annual Budget Meeting)
Such meeting shall take action upon the budget estimate and recommendations, and may make such specific appropriations as appear advisable, but no appropriation shall be made exceeding in amount that
for the same purpose recommended by the Board of Directors, and no appropriation shall be made for any purpose not recommended by the Board of Directors. Any budget estimate exceeding by 20 percent
the previous year's budget shall require a three-quarter-majority approval of the Voters of the District present at the annual budget meeting.
Sec. 3. FISCAL YEAR: The fiscal year of the District shall be from July 1st in each year and end on June 30th in the succeeding year.
ARTICLE VI
WATER SYSTEM ACCOUNT
Sec. 1. All funds generated by Water System users' fees, capital charges or assessments and connection charges of whatever kind and in whatever amount will be allocated to a sub-account of the Tax
District.
ARTICLE VII
AMENDMENTS AND GENERAL STATUTES
Sec. 1. AMENDMENTS: These By-Laws may be altered, amended, repealed or added to by:
a) An affirmative vote of the Voters of the District at any annual meeting or at a special meeting called for that purpose, provided that notice pursuant to Article II herein shall have been given,
stating the alteration, amendment or changes proposed. Only such changes as have been specified in the notices shall be made.
b) A two-thirds affirmative vote of the entire membership of the Board of Directors, provided that notice of such amendments shall have been sent to all Board of Director members at least ten days
prior to the meeting at which it is to be considered. At such meeting any amendment to the subject of the proposed amendment may be adopted.
c) It shall be the duty of the Secretary to cause the required notices to be sent.
Sec. 1A. The decision of the Board of Directors shall be final and conclusive with respect to all questions of construction and interpretation of the By-Laws.
Sec. 2. GENERAL STATUTES: Insofar as these By-Laws or any amendments thereto limit or conflict with the General Statutes of the State of Connecticut or any amendment, addition, repeal or alternation
thereto, said General Statutes and its amendment, addition, repeal or alterations shall govern.