By-Laws

BY-LAWS

THE LAKEVIEW TERRACE ASSOCIATION

INCORPORATED

SOUTH COVENTRY CONNECTICUT

Incorporated January, 1955

2012 Electronic Copy; transcribed from 1977 Printed Copy

By Bob Allison, LVTA Vice President

STATE OF CONNECTICUT

House Bill No. 966 Page 1 of 9 Introduced by Mr. Loyzim (by request) Date 2/1/55

Ref. to Committee or Incorporations. General Assembly Jan Session AD. 1955

AN ACT CONCERNING — AN ACT INCORPORATING THE LAKEVIEW TERRACE ASSOCIATION, INCORPORATED.

SPECIAL ACT NO. 351

Be it enacted by the Senate and House of Representatives in General Assembly convened;

Section 1. All owners of record of land within the limits herein-after specified, in the locality known as Lakeview Terrace in the Town of Coventry are constituted a body politic and corporate by the name of The Lakeview Terrace Association, Incorporated, and they and their successors shall be a corporation in law with all the privileges set forth in section 1929c of the 1953 supplement to the general statutes, and the rights, privileges and duties hereinafter set forth.

Section 2. The limits and territory of said association shall be as follows: All land situated within the town of Coventry bounded on the North by Lake Waumgumbaug, on the East by Birch Drive in Lakeview Terrace and East on it the development known as Waterfront Manor, on the south by South Street, and on the West by Maple Drive in Lakeview Terrace and West of it by the development of Lakewood Height and land of Katie Newcomb. Said land is more particularly designated on “The Map of Lakeview Terrace”, N. C. W. Jacobson, surveyor, and subdivided into sections A thru J inclusive, which map is on file in the office of the town clerk in said Coventry. The limits and territory of said The Lakeview Terrace Association, Incorporated, may extend at any time with the consent of the voters of the Town of Coventry, as the land may be situated, so as to include any other land adjacent thereto, by the written consent of the owner of such land in an instrument describing the same and the terms of the annexation and the acceptance of such other land as part of said territory by said association, which consent and acceptance shall be recorded on the records of said association and in the land records of the town where such other land shall be situated, and thereupon such other land shall be within the limits and territory of said association and the owner and owners, of such other land, while they are owners thereof, shall be a part of said body politic and corporate.

Section 3. The object of this association is to provide for the improvement of the land in said territory and for the health, comfort, protection and convenience of persons living therein.

Section 4. Each land owner who is twenty-one years, of age or over shall, while he continues to own land within said limits, be a member of The Lakeview Terrace Association, Incorporated and shall be entitled to vote, if his assessment as hereinafter provided is paid, at any meeting of said association and shall be eligible to hold any office in said association. All owners of fractional or undivided interest in any lot of record shall be considered as one member for the purpose of voting and shall be entitled collectively to one vote to be cast as the majority in interest shall determine. No member shall have more than one vote. Husbands and wives of said owners shall be members of the association but shall not be empowered to vote at any meeting of said association except in the absence of said owners.

Section 5. Said associations may provide, through by-laws, ordinance or otherwise, for the extinguishment of fires, oiling, sprinkling, care, repair and lighting of streets; laying of sidewalks and crosswalks, erection and maintenance of docks, breakwaters, retaining walls and bridges; dredging of creeks; care of beaches and waterfronts; maintenance of corporative property; regulation of peddling, as provided for towns under Section 4684 of the general statutes; regulation of entertainments, concerts and celebrations; collection and disposal of garbage, refuse and ashes; abatement and prevention of every kind of nuisance and public annoyance; prevention and regulation of the carrying on within the limits of said association of any business prejudicial to public health or dangerous to, or constituting an unreasonable annoyance to, those living or owning property in the vicinity thereof; regulation of the planting, removal, protection and preservation of trees in the streets; keeping the streets and all public places within the limits of said association quiet and free from all undue noise; prevention and abatement of every kind of nuisance and public annoyance; regulation of the use and construction of cesspools, drains, sewers and privies and the place and method of discharge of the same; prevention of assemblages of persons on the sidewalks or streets to the obstruction, hindrance, or annoyance, of the public; location and maintenance of wells, cisterns and water works for use in case of fire or for domestic use; regulation of the discharge of firearms in said territory; regulation of the, running of animals at large; regulation of travel and parking on the highways and roads within said limits, provided the general statues relating to motor vehicles and bicycles shall also apply; and regulation and prevention of the use of pigpens and the deposit of rubbish within the limits of the association; and may also prescribe fines and penalties for a violator of any such by-laws, ordinances or regulations not exceed fifty dollars for any one offense and the penalties may be recovered in any proper action brought for that purpose in the name of The Lakeview Terrace Association, Incorporated, before any court having jurisdiction, for the use and benefit of said association; and any violation of any such by-law or ordinance imposing a fine may be prosecuted by any grand juror in the Town of Coventry.

Section 6. The first meeting of the members of said association shall be held within sixty days after the adoption of this act, at such time and place in the Town of Coventry as the following persons or a majority of them shall appoint; Robert H. Wilcox, Judson A. Turney, Edward N. Erikson, Albert J, Booth, David Bell, Charles L. DeLorma and Ernest J. Starkel. Said meeting shall be held for the purpose of electing an executive board to consist of six members of the Lakeview Terrace Association, Incorporated, two of whom shall hold office until the first Sunday of May 1956; two until the first Sunday of May 1957; and two until the first Sunday of May 1958. Two members of said board shall be elected at the annual meeting held in each year beginning in 1956 for the term of three yean from the first Sunday in May following their election and until their successors shall have been elected and shall have qualified.

Section 7. Notices of the time and place appointed for said first meeting shall be signed by at least five persons named in Section 6 hereof, and shall be sent by mail to each member of the association at least five days before the time appointed for said meeting. Said executive board shall be elected by a plurality of the ballots cast at said meeting.

Section 8. The annual meeting of the association shall be held on the first Sunday of May in each year, at two o’clock in the afternoon. Special meetings of the association may be held and warned in such manner as the by-laws may prescribe, provided notice for any special meeting shall specify the object for which such meeting is called. Not less than ten members of the association shall constitute a quorum for the transaction of business at any regular or special meeting.

Section 9. Notices of the annual and of all special meetings of the association shall be signed by the president or by the vice president and by one other member of the executive board and may be given by mail or personally. In case they are given by mail, written notice of the time and place of such meeting shall be sent at least five days before the time appointed, by letter mailed in Tolland County and addressed to each member of said association, at his legal residence, or, if he shall be at the time dwelling within the limits of said territory, at such dwelling. Personal notice may be given by leaving with such member a written notice of such time and place of meeting, at least five days before the time appointed.

Section 10. The executive board shall hold its first regular meeting in each year at least by the evening of the Friday next following the annual meeting of the association and notice of the time and place of meeting shall be given by the clerk of the association in the manner herein after provided. Said board shall elect by ballot from its members a president, vice president, treasurer and clerk of said association who shell hold office for one year from the day of their election and until their successors shall be duly elected and shall have qualified; and they shall also be president, vice president, treasurer and clerk of the association. In case of a vacancy in any office, it may be filled for the unexpired portion of the term by a majority vote of the remainder of the executive committee. The duties of each of these officers shall be defined by the by-laws of said association. It shall be the duty of such president or clerk, on the signed written request of any three members of said board, to call a meeting of said board. Notice of such meetings shall be given by leaving with or at the usual place of abode of each member a written notice signed by said president or clerk, specifying the time and place of such meeting or by sending such notices by mail at least twenty-four hours before such meeting. A majority of said executive board shall constitute a quorum at any meeting thereof.

Section 11. The executive board shall have the care, custody and management of all funds and property of the association and, when assembled according to law, shall have power to make regulations for the management and control for such property and its transfer and conveyance; to make regulations concerning the time and place of meetings of said executive board and of said association so far as they are not inconsistent with any of the special provisions of this act; to regulate the method of assessment and collection of taxes for association purposes; and to appoint and prescribe the duties and compensation of all officers and employees of the association. The president, vice president, clerk and treasurer shall serve without compensation, except that they shall receive their actual expenses.

Section 12. Said executive board shall possess power, when legally assembled, to make. alter, amend, repeal and enforce by-laws, regulations and ordinances, as they shall deem suitable, not inconsistent with this act or contrary to the laws of this state or of the United States, to accomplish the objects specified in Sections 3 and 5 of this act.

Section 13. Any persons who may be aggrieved by any order of the executive board making any assessment of benefits or damages, or requiring the construction of any sidewalk, curb or gutter, or the payment of any part of the expense thereof, may appeal there-from in the manner prescribed in sections 690, 691, 692 and 693 of the general statues, and with like effect.

Section 14. Said executive board shall be a board of health of said association and shall have and may exercise within the limits of said association, all the power given by law to town, city and borough health officers, except in relation to contagious diseases, and shall appoint a health officer, who shall serve without pay and who, under the direction of said health board, shall have and may exercise all power and authority given by law to, and shall discharge all duties imposed by law upon, health officers of town in this state, except in relation to contagious diseases. Said board of health may make and cause to be executed all orders of said association and may make and cause to be executed all orders which it may deem necessary for such purposes provided such orders shall not be inconsistent with the laws of this State or of the United State. If any person shall fail to obey, any order of said board of health, upon being notified in writing, signed by the health officer, and ordered to remove any filthy, putrid or noxious substance which shall be injurious to the health or cleanliness of said territory, said board of health may cause the same to be removed at the expense of such person so failing, and, for such purpose, the members of said board may, personally or by their health officer or by their duly appointed agent, enter upon and into all land, and buildings in said association, and the expense of such removal may be recovered against such person by any proper action in the name of said association.

Section 15. Said executive board may appoint police officers to act within the limits of said association, who shall have all the powers of constables within said territory, for the purpose of making arrests for violation of law or by the regulations and by-laws of said association, and said executive board may fix the compensation of such police officers.

Section 16. Said board shall establish a public signpost within the limit of The Lakeview Terrace Association, Incorporated, and may make, establish and adopt forms of orders and notices to be used under this act

Section 17. No by-laws or ordinance shall take effect or be enforced until the same has been posted for at least three days on the public signpost of said association; nor shall any by-law or ordinance take effect until fifteen days after its passage. A certificate of the clerk of said association of the due posting of any by-law or ordinance shall be prima facile evidence of such posting.

Section 18. The clerk of said board shall, on or before the first day of June of each year, prepare an assessment list of all the real estate in said territory, including therein the values of houses and building and improvements thereon, placing in the name of each member of the association such lands, buildings and improvements, as are assessed to such member on the last assessment list of the Town of Coventry at the value at which they stand assessed or such assessment list, provided, whenever there have been a change in title to any property between the first day of October next preceding and the first day of June, said property shall be listed in the name of the person then owning it. Said clerk, shall, on or before the first day of June, report such list to the executive board, which shall revise such list, and if said board shall find that in any particular it does not correspond with the last assessment list of the town of Coventry, said board shall correct the same, and such list, when so revised and if necessary corrected, shall be adopted by said executive board and shall then be and constitute the assessment list of The Lakeview Terrace Association, Incorporated. Such list shall be revised and completed and recorded by the clerk in the books of the association, on or before the fifteenth day of June, and shall be open to inspection by any member of the association.

Section 19. Any person claiming to be aggrieved by any such proportional valuation by said board may appeal to the court of common pleas in the manner provided by the general statutes for appeals from boards of tax review.

Section 20. Said association, at its annual meeting or at any special meeting called for that purpose, by a majority vote of those present at such meeting, may lay a tax, for the purposes herein specified, of not more than ten mills on the dollar of the total value of said real estate as shown by the assessment list hereinbefore provided for, a shall appoint a collector to collect such tax, and rate bills shall be made out and signed by said collector, and warrants may be issued for the collection of money due on such rate bills, pursuant to the provisions of section 1813 of the general statutes.

Section 21. Written notice of the rate of such tax and of the amount apportioned to each member of the association shall be sent by the clerk of the executive committee within ten days from the laying of such tax, and such tax shall be due and payable within thirty days from the sending of such notice, and, if such tax be not paid when due, it shall bear interest at the rate of six per cent per annum from the date when it was so payable. The collector shall have all the power of collectors of town taxes and shall be accountable to the executive board in the same manner as town collectors are accountable to selectmen, and shall pay the tax as soon as collected to the treasurer of the association. Each such tax shall be a lien upon the property upon which it shall be laid for one year from the time of the laying of such tax, and may be collected by suit in the name of said association, or by foreclosure of such lien. Such lien may be continued by certificate to be recorded in the land records of the Town of Coventry, pursuant to the provisions of section 1854 and 1855 of the general statutes.

Section 22. No contract which shall involve an expenditure of money in excess of one hundred dollars or more in any year shall be made by the executive board unless the same shall be specially authorized by a vote of the association. The directors shall not, within any year, make contracts or incur obligations which shall, in the aggregate, amount to move than the sum of five, hundred dollars, unless the same shall be authorized by a vote of the association; nor are the directors authorized to borrow money without like authority.

Section 23. The executive board may, by a two-thirds vote of those present at any meeting, abate the taxes assessed as aforesaid upon any such person or persons as are poor and indigent and unable to pay the same, causing proper entry to be made on its records.

Section 24. This act shall become effective upon its adoption by a majority vote of all those owners of record of land within the limits of said association herein set forth present at a meeting called within sixty days after the approval of this act by a notice signed by a majority of those persons named in section 6 of this act, designating the time and place of said meeting, and sent by mail to each such owner at his, her or its last-known post-office address and mailed at least five days before the time appointed for said meeting. A certificate of any two signers of such notice as to the mailing of such notice shall be prima facie evidence of such mailing.

 

 

ORDINANCES OF THE LAKEVIEW TERRACE ASSOCIATION, INCORPORATED

 

One of the provisions of Special Act No. 351 of the 1955 Connecticut General Assembly was to authorize the Board of Directors of the Lakeview Terrace Association, Incorporated, to adopt ordinances and regulations and to appoint police offices to enforce them. An ordinance is adopted where the conditions referred to are expected to remain the same for several years. These are posted 15 days before the effective date. The following ordinances are now effective for Lakeview Terrace Association, Incorporated. (Time of this printing: April, 1965).

 

ORDINANCE NO. 1. A speed limit of 15 MP.H. is hereby established within the Lakeview Terrace Association, Incorporated.

ORDINANCE NO. 2. Parking on the traveled portions of the roadways by residents of the Lakeview Terrace Association is prohibited.

ORDINANCE NO. 3. The burning of garbage or other rubbish which results in objectionable smoke or odor is prohibited. Garbage or rubbish stored outside mint be stored in closed metal containers and removed from the premises at least once a week.

ORDINANCE No.4. Whereas it is recommended that property owners do not install culverts at driveways, if such installation is made, culverts, must have a minimum inside diameter of 12 inches and be acceptable concrete or corrugated steel construction. This is to be covered by a minimum of 8 inches of gravel to prevent breakage or collapse by a motor vehicle.

ORDINANCE NO. 5. The area below the lower road between Lakeview Drive and Hickory Drive is designated as the swimming area. Dogs should not be taken into the water in this area and boats should not be beached or stored in this area. No dog should be taken to the waterfront area.

ORDINANCE NO. 6. Playground regulations, applicable to area at Hilltop Drive and Lake view Drive. No Parking; no Hard Ball; Softball limited to 8 years old and under.

ORDINANCE NO. 7. Only docks, floats, or boat anchorages installed under auspices of the Lakeview Terrace Association, Incorporated, are permitted on the Lakeview Terrace waterfront. Persons clearing space for boats at these facilities will be assessed an annual fee predicated upon the necessary annual maintenance charges for such facilities. The fee schedule will be established by the Board of Directors. Persons not desiring to use these facilities may beach their boats east of the swimming area.

ORDINANCE NO. 8. The use of firearms, BE guns, air riffles, C02 pistols, steel tipped arrows and slingshots is prohibited by anyone within the territorial limits of the Lakeview Terrace Association, Incorporated, without written permission of the Board of Directors of said Association.


by with no comments yet.

Leave a Reply