         |
 |
By-Laws
ARTICLE Nature and PurposesArticle I — Section 1AMENDED - October 7, 2000 The Lake Bunggee Tax District was created on April 24, 1982 under the provisions ofCT. General Statutes Section 7-325. The nature of the activities to be conducted or the purposes to be promoted or carried out are as follows:
To promote the General Welfare and comforts of the members of the Association; to acquire by purchase or otherwise the ownership of and title to roads, easements, beaches, swim areas and Lake Bunggee, which roads, beaches, swim area, and easements are shown on plans or maps entitled: 1. “Section No. 6 Development of Lake Bunggee. Inc. on Lake Bunggee, Woodstock Valley, CT, March 1, 1957. Scale 1” 200’.” 1. “Section No. 3 Development of Lake Bunggee, Inc., Lake Bunggee, Woodstock Valley, CT. November 1956. Scale 1” 40’.” 1. “Section No.5 Development of Lake Bunggee, Inc., Lake Bunggee, Woodstock Valley, CT. November 1956. Scale 1” 40’.” 1. “Section B Plat No. I Development of Lake Bunggee, Inc., Lake Bunggee, Woodstock Valley, CT. July 1956. Scale 1” 40’.” 1. “Section B Plat No. II Development of Lake Bunggee, Inc., Lake Bunggee, Woodstock Valley, CT. July 1956. Scale 1” 40’.” 1. “Section B Plat No. III Development of Lake Bunggee, Inc., Lake Bunggee, Woodstock Valley, CT. March 1,1957. Scale 1” = 200’.” 1. “Section C Plat No.11 Development of Lake Bunggee, Inc., Lake Bunggee, Woodstock Valley, CT. June 1956. Scale 1” 40’.” 1. “Section C Plat No. II Development of Lake Bunggee, Inc., Lake Bunggee, Woodstock Valley, CT. June 1956. Scale 1” 40’.” 1. “Section D Plat No. I Development of Lake Bunggee, Inc., Lake Bunggee, Woodstock Valley, CT. August 1956. Scale 1” 40’.” 1. .“Section E Plat No. I Development of Lake Bunggee, Inc., Lake Bunggee, Woodstock Valley, CT. March 1, 1957. Scale 1” = 200’.” 1. “Lake Bungee Development Section C & Lots 164 — 243 of Section E
Property of Lake Bunggee, Inc. Woodstock, CT Scale 1’, = 100’ June 1960 Reinhold Luther Land Surveyor Class D Survey Certified Substantially Correct Reinhold Luther, L.S. CT Reg. 4221.” 1. Lake Bungee Development Section B Property of Lake Bunggee, Inc. Woodstock, CT Scale 1” 100’ June 1960 Reinhold Luther Land Surveyor Class D Survey Certified Substantially Correct Reinhold Luther, L.S. CT Reg. 4221.”1. “Lake Bungee Development Section 3, 5, 6, & D Property of Lake
Bunggee, Inc. Woodstock, CT Scale 1” 100’ June 1960 Reinhold Luther Land Surveyor Class D Survey Certified Substantially Correct Reinhold Luther, L.S. CT Reg. 4221.” 1. “Lake Bunggee Development Section E, Woodstock, CT Igor Vechesloff Professional Engineer & Land Surveyor, 50 South Quaker Lane, West Hartford, CT Scale 1” = 100’. May 1960 Certified Substantially Correct. Igor Vechesloff’. 1. “Lake Bunggee, Inc. Section No. 1 Development of Joseph Campert, Jr. On Lake Bunggee, Woodstock Valley, CT. revises August 1956 by Lake Bunggee Inc. Scale 1”—40”’. 1. “Lake Bunggee, Inc. Section No. 2 Development of Lake Bunggee. Inc. on Lake Bunggee, Woodstock Valley, CT, November 1956. Scale 1” = 40’.”
1. “Lake Bunggee, Inc. Lots Nos. 3F to 36F inclusive. Owned by Campert Enterprises, Inc., Woodstock, CT Scale 1’,— 40’. June 1964 Certified Substantially Correct, Geo. M. Sheaffer. Jr. Reg. No. 5183.” 1. “Lake Bunggee, Inc. Section No. 4 Development of Lake Bunggee, Inc.
Lake Bunggee, Woodstock Valley, CT. November 1956. Scale I” — 40’.” I. “Excluded from the above lists are lots E —131 to E —144 and Section 4 Lots 1 and 2. Section 6 Lot 14.”
To perpetually maintain, improve, and beautify said Beaches, Swim areas, lake and roads; The Lake Bunggee Tax District shall have the authority to exercise a Flood and Erosion Control Board powers pursuant to Connecticut General Statutes Section 25-84. To secure adequate police, fire and other necessary protection for the person and property of its members;
To unite property owners so that they may obtain recognition for any cause that may arise relative to any condition affecting said area; and
To do any and all thing necessary, convenient or incidental to the accomplishment of the foregoing purposes.
ARTICLE II
Electors
Article 2 — Section 1 AMENDED -May 1999
The Electors of Lake Bunggee Tax District shall be defined as: The name or names on the registered deed of property located at Lake Bunggee Tax District. The elector must be of legal age set by the State. Holders of more than one deed are allowed only one elector vote. The elector can vote by personal vote at the semi-annual meetings in May and October or at any special meetings called to conduct Lake business. An elector can also vote by proxy and mail in his or her vote before the meeting is called.
ARTICLE III
Annual Meetings
Article 3 - Section 1 AMENDED -October 1998 -May 1999 The semi-annual meeting of the Tax District shall be held on the first Saturday of May at 1:00 p.m. and the first Saturday of October at 1:00 p.m..
Article 3 - Section 2 AMENDED-October 1991 -October 1998 -May 1999 Written notice of this meeting shall be given to all property owners within the Tax District twice a year, signed by the Clerk and shall state the business to be transacted at said meetings. Said notice shall be by personal service upon each property owner within the Tax District: and or by mail to the last known address of such property not less than 14 days before the next semi-annual meeting: and notice by mail shall be irrefutable presumed accomplished by depositing such notice in the Post Office, postage prepaid, directed to the last known address of such property owner at least fourteen (14) days before the next semi-annual meeting. Notice shall also be posted on a signboard at the bus stop.
Article 3 - Section 3 AMENDED
-October 1998 At the semi-annual or any special meeting of The Tax District, action may be taken upon any matter concerning the business of The Tax District as permitted in the By-laws, provided notice of the matter to be acted upon is contained in the call of the meeting.
Article 3 - Section 4 AMENDED -October 1998 -May 1999 Fifteen (15) electors of the Tax District must be present and shall constitute a quorum for the transaction of business at the semi-annual or special meeting.
ARTICLE IVSpecial Meeting
Article 4 - Section 1 AMENDED-October 1998 -May 1999 The President or 3 or more Directors may call a special meeting of the Tax District at any time. Notice of such special meeting shall be signed by the President and Vice President and shall be given in the same manner as notices of the semi-annual meetings. Such notice of any special meeting shall contain therein the subject matter to be acted upon at said meeting.
Article 4 - Section 2 AMENDED-May 1999
A special meeting shall be called by the Board of Directors upon receipt of any petition signed by not less
than 25 electors of the Tax District requesting the call of the special meeting. Such petition to contain the purposes for which such meeting is called, and such petition shall be served upon the President or Clerk of the Tax District. Upon receipt of such petition, the Board of Directors shall within five (5) days issue a call for a special meeting to meet within twenty-one (21) days to take action upon the subject matter contained in the petition.
ARTICLE V
Directors
Article 5 - Section 1 AMENDED -May 1983 -October 1991 -May 1999 The affairs and business of this Tax District shall be managed, controlled and supervised by a Board of Directors composed of ten(l0) property owners of this Tax District, of which five(5) property owners shall be the President, Vice President, Treasurer, Tax Collector, and Clerk.
Article 5 - Section 2 AMENDED -May 1983 -May 1985 -May 1999 The electors of the Tax District shall elect a President, a Vice President, a Treasurer, a Tax Collector, a Clerk and five (5) additional Directors for the term of one (1) year. or until their successors are elected and qualified. Elected Officers and Directors shall begin serving on Jun 1, the beginning of the fiscal year, with the months of May and June being a transition period guaranteeing the orderly conduct of District affairs.
Article 5 - Section 3 AMENDED -October 1998 The Directors shall in all cases act as a Board, monthly convened., by a majority, and they may make and adopt such rules and regulations for the conduct of their meetings and the management of the Tax District. not inconsistent with these By-Laws and the laws of the State of Connecticut.
Article 5 - Section 4 AMENDED
-August, 1983 -October 1998 Regular meetings of the Board of Directors shall be held at a time to be decided attd announced following the semi-annual meeting in May. Meetings will be held monthly. Special meetings of the Board of Directors may be called by’ the President at any time. and must be called by the President upon the written request of three directors who may likewise call such a meeting in the event the President fails or refli.ses to do so when so required.
Article 5 - Section 5 AMENDED -October 1998 -May 1999 Notice of meetings, other than the semi-annual meetings in May and October, which shall require notice and shall be given by service upon each director in person, by mail or by telephone not less than ten (10) days prior to such meeting, including the day of the mailing. All notices of special meetings shall state the purpose thereof, and no business other than that specified in the notice shall be transacted upon except upon unanimous consent of the directors. At any meeting at which every member of the Board of Directors shall be present. any business may be transacted which might have been transacted if the meeting had been duly called.
Article 5 - Section 6 AMENDED
-October 1998 Vacancies in the Board of Directors occurring between semi-annual meetings may be filled from the date of vacancy to the semi-annual May meeting by a majority of the remaining Directors. The balance of said term shall be filled at the semi-annual May meeting.
Article 5 - Section 7 AMENDED -October 1998 -May 1999 At any meeting of the Board of Directors, a majority of the board shall constitute a quorum for the transaction business. A quorum is fifty percent of the active voting directors (Roberts Rule).
Note: There are two non-voting directors on the Board of Directors Article 5 - Section 8
At all meetings of the Board of Directors, each director shall have one vote. The act of a majority of the directors at a meeting at which a quorum is present shall be the act of the Board of Directors.
Article 5 - Section 9 AMENDED -May 1983 -May 1986 -October 1991 -October 1998 -May 1999 The Board of Directors shall not have the power to expend any money in excess of $l.000.00 or that which is allowed by state statute, whichever is less, without the approval of a majority vote of the property owners present and voting at a semi-annual meeting or special meeting, or the property owners of t..his Tax District called for such purpose. However, no expenditures shall be made at any time by the Board of Directors which shall exceed funds appropriated within the budget.
Article 5 - Section 9a AMENDED-May 1990 -October 1998 Be it ordained that the Lake Bunggee Tax District does hereby adopt a bidding ordinance regarding all purchases made by or on the behalf of the Lake Bunggee Tax District for any project requiting funding in excess of $2,000.00 in any one fiscal year as follows:
1. All purchases made by or on the behalf of the Lake Bunggee Tax District for any project requiring funding in excess of $2,000.00 in any one fiscal year shall be put to competitive bid as herein specified. 2. No contract shall be awarded until after a competitive bidding process except as herein specifically authorized. 3. Any such contract shall be put out to bid for a period of at least one week after publication in newspaper havein a substantial circulation within the District. 4. All bids shall be sealed and clearly be marked bids and all the bids shall be formally opened at a meeting of the Board of Directors of the Lake Bunggee Tax District.
5. Contracts in excess of $2000.00 may be awarded without a competitive bid only by a majority vote of the Board of Directors, and only upon approval of a resolution majority vote of the Board of Directors that the situation requiring the waiving of the bid ordinance is based upon a bona fide emergency, not due to a lack of planning, and that there is no other reasonable alternative to the tax District that to proceed without bid. Such resolution must be passed and immediately signed by at least three (3) members of the District Board, one of which must have signature authority, prior to the award of any such contract, and shall become a permanent part of the minutes of the Tax District, In no event may any contract be awarded by bid process or otherwise if said contract would result in an over-expenditure of the District annual budget. 6. This ordinance shall be effective October 1,1990 pursuant to the authority contained in 7-328 of the Connecticut General Statutes, and shall be placed as an amendment to the Lake Bunggee Tax District By-Laws Article V. Section 9a.
Article 5 — Section 10 AMENDED -October 1991 -October 1998 -May 1999 -October 7, 2000 Appointment of Committees: a) The Board of Directors annually shall appoint the following subcommittees of not more than four members each: 1) Road Committee 1) Lake and Beach Committee 1) Building and Zoning Committee 1) Safety Committee 1) Hospitality Committee 1) Planning Committee Each subcommittee chairman shall be a member of the Board of Directors, and shall serve on the FECB pursuant to the Connecticut General Statutes 25-84. Only one member of the Board of Directors shall be on any subcommittee. Each of these committee members shall hold office for a term of one (1) year from the date of their appointment; they shall act without pay except for expenses necessary as voted by the Board of Directors and paid by the Treasurer. Each subcommittee shall report to the Board of Directors on a monthly basis or when required by a vote of the Board of Directors.
b)The Road Committee shall report monthly to the Board of Directors on the condition of all roads in the Tax district, shall recommend to said Board any road improvements, repairs and alteration, shall be negotiating committee on all contracts concerning road construction and repair, and shall annually submit to the Board a budget of proposed costs of road maintenance or repairs.
b)The Lake and Beach Committee shall report monthly to the Board of Directors on the conditions of the lake and beaches and the playgrounds; shall recommend to the Board any improvements or repairs to these facilities, and shall annually submit a budget proposal on costs of such improvements or repairs.
b)The Safety Committee shall have the power to recommend to the Board of Directors persons for appointment as special police officers of the Tax District; shall recommend and report to the Board on all matters pertaining to safety and welfare within the limits of the Tax District and shall annually submit a budget proposal of costs of maintaining necessary police protection.
e)The Building and Zoning Committee shall, subject to the direction of the Board of Directors, have authority to enforce all Tax District building regulations within the limits of the Tax District, shall recommend all zoning and building ordinances, and amendments to the Board, and shall annually submit a budget proposal of costs of maintaining the department.
f)The Hospitality Committee shall report monthly to the Board of Directors: shall contact new property owners to inform them about Tax District services, regulations. By-Laws. Etc.. shall organize social activities and shall annually submit a budget of proposed committee expenses.
g)The Planning Committee shall report monthly to the Board of Directors: shall recommend to the Board of Directors the need to conduct periodic owner surveys, prepare owner survey questionnaires and present to the board for approval, manage the septic clean-out arid inspection program and make recommendations to the board regarding septic data collection and action noncompliance and modifications. Shall manage certification of power boats. Decal numbers for power boats shall be placed on the rear of the boat. The planning committee shall annually submit a budget of proposed committee expenses.
ARTICLE VI
Officers
Article 6 - Section 1 AMENDED
-May 1983
Article 6 - Section 2
The Board may appoint such other officers, agents arid employees as it shall deem necessary who shall have such authority and shall perform such duties as from time to time shall be prescribed by the Board
Article 6 - Section 3 AMENDED-May 1983 a) Duties of the President The principal duties of the President shall be to preside at all meetings of the property owners of record of this Tax District and of the Board of Directors. The President shall present at each meeting of the property owners and Directors a report of the condition of the Tax District; the President shall cause to be called semi-annual and special meetings of the property owners and Directors in accordance with these By-Laws the President shall sign and make all contracts and instruments in the name of the Tax District, when authorized by the Board of Directors may authorize an~ officer or agent of the Tax District to perform this duty unless prohibited by law: the President shall assign two (2) non-board members of the Tax District to audit the books of the Treasurer not more than thirty (30) days prior to the semi-annual meeting and present a written report at that meeting: the President shall enforce these By-Laws and perform all duties incident tot he position and office, and which are required by law.
b) Duties of the Vice President The Vice President shall act as a liaison with the town government: upon the death, resignation or inability of the President to act, the Vice President shall perform the duties of the President.
c) Duties of the Clerk The principal duties of the Clerk shall be to keep a tree and correct record of the proceedings of the Tax District and the Board of Directors. The Clerk shall keep and be the custodian of all books, paper, records, and documents belonging to the Tax District or pertaining to the business thereof; the Clerk shall counter sign and affix the seal of the Tax District to such papers and documents as shall be required to be so countersigned or sealed., but this duty shall not be exclusive and the Board of Directors may authorize any officer or agent of the Tax District to perform the same unless prohibited by the law: the Clerk shall cause to be given or cause to be served all notices of the Tax District; and shall perform all duties incident to die office of Clerk.
d) Duties of the Treasurer The principal duties of the Treasurer shall be to safely keep account for all the monies and other properties of the Tax District: the Treasurer shall have the care and custody of and be responsible for all the monies and securities of the Tax District and shall deposit all such funds in the name of the Tax District in such bank or banks, trust company or trust companies or safe deposit vaults as the Board of Directors may designate: the Treasurer shall oversee the keeping of an accurate account of all monies dispersed and render such accounts, statements and reports as may be required by the Board of Directors: the Treasurer shall render a statement of the condition of the finances of the Tax District at the May and October meeting of the property owners of record of the Tax District and at the monthly meeting of the Board of Directors: the Treasurer shall do or oversee the performance of all duties incident to the office of Treasurer. The Treasurer shall be bonded in the amount of $25,000.00. The Treasurer shall be a non-voting member of the Board. The Treasurer shall be paid $1,680.00 annually in July.
e) Duties of the Tax Collector The principal duties of the Tax Collector shall be to collect all monies owed to the Tax District and to deposit all such funds in time name of the Tax District in such bank or banks, trust company or trust companies or safe deposit vaults as the Board of Directors may designate: the Tax Collector shall place and remove all liens: the Tax Collector shall render a statement of the collections of the Tax District at the May and October meetings of the Tax District: the Tax Collector shall do or oversee the performance of all duties incident to the office of Tax Collector. The Tax Collector shall be bonded in the amount of $25,000.00. The Tax Collector shall be a non-voting member of the Board. The Tax Collector shall be paid $3,808.00 annually and shall be paid in quarterly payments. The Tax Collector shall be paid in July. October. January and April.
Article 6 - Section 4 The officers of the Tax district shall perform additional duties as may from time to time be imposed by
the Board of Directors, or as may from time to time be prescribed by the By-Laws.
Article 6 - Section 5 AMENDED -May 1983 The President. Vice President, Clerk Treasurer, Tax Collector, and other officers shall, if required by the
Board of Directors, give to the Tax District such security for the faithful discharge of their duties as the Board may direct. Premiums on any bonds required shall be paid by the Tax District. Article 6 - Section 6 All vacancies in any office shall be filled by the Board of Directors without undue delay at its monthly page meeting or at a meeting specially called for such purpose. In the case of the absence of any officer of the Tax District or for any reason that the Board of Directors may deem sufficient. the Board may delegate the powers and duties of such officer to any other officer or director for the time being.
Article 6 - Section 7 DELETED -May. 1984 ARTICLE VIIArticle 7 - Section 1
AMENDED -May 1998 All notes. checks, drafts, warrants or other negotiable instruments of the Tax District shall be made in the name of the Tax District, and shall be signed by the Treasurer or the Tax Collector and cosigned by either the President or Vice-President.
ARTTCILE VIII Article 8 - Section 1 AMENDED-October 1991 -May 1992 -May 1993 -October 1998 The Board of Directors shall fix and determine the annual tax to be used for maintaining and operating said Tax District. Said revenues however, shall become effective only upon approval by a majority vote of the property owners entitled to vote, present and voting at the semi-annual meeting in May or special meeting called for such purpose. Any property tax due not in excess of one hundred dollars shall be due an payable in a single payment effective July 1st. Revenues in excess of one hundred dollars can be paid in two equal installments due and payable July 1st and January 1st respectively. Once such tax becomes delinquent it shall be subject to interest at the rate of one and one-half per cent from the due date for each month or fraction thereof with a minimum interest charge of two dollars. The minimum interest charge shall be due and payable until the same is paid. No tax or installment shall be delinquent if the envelope containing the amount due as such tax or installment, bears a postmark showing a date within the time allowed for the payment of such tax or installment.
ARTICLE IXArticle 9 - Section 1
The Seal of the Tax District shall be as follows:
ARTICLE X
Article 10 - Section 1 AMENDED-October 1991 All undistributed surplus, reserves and/or other assets of the Tax District shall belong to and be property of the Tax District, and shall in no manner belong to the property owners thereof. until a dissolution or winding up of the affairs of the district at which time the same shall be returned to the Lake Bunggee Association, Inc. at the time of such dissolution or conclusion.
ARTICLE XIArticle 11 - Section 1
AMENDED-October 1991 -October 1998 The By-Laws of the Tax District may be amended by a majority vote of the property owners of record of the Tax District present at a semi-annual or special meeting providedd the same have been approved by the Board of Directors at any monthly meeting or special meeting of We Board, and after the same have been posted on the sign post on the bus stop of the Tax District fourteen (14) days before such semi-annual meeting or special meeting of the Tax District and written notice has been sent to all property owners in accordance with Article III. Section 2 and Article IV, Section 1. By-Laws shall become effective immediately upon adoption by the property owners of record.
ARTICLE XII
Article 12 - Section 1
Be it enacted that proposed roadways within the Lake Bunggee Subdivision will be developed, provided that all such new thoroughfares:
a) have a travel portion of at least 30’ in width: b) have a sub grade constructed in accordance with the following minimal standards: 1) ledge and boulders shall be removed to a depth of 12 inches below the base course:
2) immediately in advance of depositing the sub base. the sub grade shall be brought to proper line, grade and cross section as shout on approved plans. Soft, spongy or yielding spots shall be entirely removed and the space refilled with suitable material and thoroughly compacted by a roller weighing at least 10 tons.
C) have a sub base consisting of sub base material as specified in Section M.02.02. subsection 1 of Connecticut Department of Transportation. Form 811. spread to a minimum total depth of at least 8inches after compaction. Construction methods shall be as specified in Section 2.12 of Connecticut Department of Transportation Form 811.
d) Live a base course consisting of processed stone meeting the requirements of Section M.02.02, subsection 2 of Connecticut Department of Transportation. Form 811. spread to a depth of at least 4 inches after compaction by a roller weighing at least 10 tons.
e) be made available for inspection by the Roads Committee Chairman. or a designated agent. and that the Roads Committee Chairman be notified in writing at least two(2) days in advance as to the date of the following stages of construction: 1) completion of the sub grade:
2) completion of drainage structures and pipe. prior to covering:
3) completion of the first layer of the sub base: 4) completion of the wearing surface. Be it further enacted that if any roadway within the Lake Bunggee Subdivision is developed not in accordance with the foregoing specification. then the Lake Bunggee Tax District will have no responsibility for the maintenance, upkeep or clearing of said road..
Article 12 - Section 2
a) Performance Bond: Prior to approval of any new roadway, the builder shall post a performance bond of sufficient amount to cover the full c~ of completion of all required improvements, including, but not limited to. streets, utilities, drainage, landscaping. markers, and signs. To assist the Roads Committee in determining the amount of the bond. the builder shall submit cost estimates for all such improvements to the Roads Committee. The term of such bonds shall cover the full construction period for all improvements. The term, form, and amount of the bond shall be subject to approval by the Roads Committee,
b) Release of Bond: Performance bonds shall be released upon conclusion by the Committee that the bonded improvements are complete and satisfactory. For streets, this report shall include satisfactory “as-built” road profiles.
c) Maintenance Bond: A maintenance bond of 10% of We original total bond shall be posted by the developer for a period of one( 1) year following the release of a performance bend (or portion thereof) or acceptance of the improvements. The developer shall repair all defects in construction or operation of required improvements occurring during the period covered by the maintenance bend. The developers failure to perform needed repairs within a reasonable time when so requested by the Roads Committee may result in the Tax District undertaking the repairs and billing the developer or his surety company for the cost of the repairs.
Article 12 - Section 3
Driveway Permit Performance Bond It requires the builder of any construction of a driveway or any other work that will encroach upon a right-of-way of a Lake Bungee Tax District road to post a performance bond of $500.00 or the current town of Woodstock performance bond amount and make thee builder liable for full restitution of any common property damages. page 11 of ii
|
||||||||||||||||||
|
||||||||||||||||||||
