(a) Every charter, special act and home rule ordinance in effect on October 1, 1982, shall continue in effect until repealed or superseded by the adoption of a charter, charter amendments or home rule ordinance amendments in accordance with this chapter, the provisions in any charter in existence on said date governing revision or amendment to the contrary notwithstanding. Nothing in this section shall prohibit the adoption of a revised home rule ordinance or home rule ordinance amendments by any method established in such home rule ordinance if the provisions concerning such method were in effect on July 15, 1959. Any municipality administering its local affairs under the provisions of the general statutes or special acts adopted prior to said date may continue to so administer its local affairs until the electors of such municipality avail themselves of the provisions of this chapter. Any municipality having as its organic law a home rule ordinance or a revised or amended home rule ordinance shall after any revision or amendment of such ordinance publish, in a single document, any such home rule ordinance and shall make such ordinance available at a nominal cost to any member of the public.
(b) Notwithstanding the provisions of subsection (a) of this section, the provisions of any special act relative to the number of holders of an office, or members of a board, commission, department or agency of a municipality (1) which does not administer its affairs under a charter, and (2) for which the legislative body, as defined in section 1-1, is a town meeting may be superseded by adoption of a municipal ordinance that is not otherwise inconsistent with the Constitution of the state or the general statutes.
(c) Notwithstanding the provisions of subsection (a) of this section, any consolidated town and city which (1) was consolidated in 1902, (2) has a mayor and board of aldermen form of government, and (3) has a population of more than one hundred thousand may terminate a parking authority established by special act in such consolidated town and city upon majority vote of the board of aldermen. The clerk of any such consolidated town and city shall notify the Secretary of the State of such termination not more than ten days after such vote.
(d) Notwithstanding the provisions of subsection (a) of this section, any municipality which (1) was incorporated in 1784, (2) administers its affairs under a charter and for which the legislative body is a town meeting, and (3) has a population of less than twelve thousand may terminate a board of health established in the municipality by special act by adoption of an ordinance that is not otherwise inconsistent with the Constitution of the state or the general statutes.
(1957, P.A. 465, S. 6; P.A. 81-451, S. 7, 10; P.A. 85-253, S. 6, 10; P.A. 92-172, S. 1; P.A. 03-256, S. 2.)
History: P.A. 81-451 transferred former provision concerning imposition of taxes to Sec. 7-192a and added provisions concerning revision of home rule ordinance by methods in effect prior to July 15, 1959, and to publication of home rule ordinances, effective October 1, 1982; P.A. 85-253 amended section to refer to amendment of charters and home rule ordinances rather than to their revision; P.A. 92-172 amended section by designating Subsec. (a) and adding Subsec. (b) re supersedence of special acts by municipal ordinance not inconsistent with the state constitution or general statutes; P.A. 03-256 made a technical change in Subsec. (b), added Subsec. (c) re termination of a parking authority in a consolidated town or city and added Subsec. (d) re termination of a board of health in a municipality, effective June 26, 2003.
Legislature intended procedure outlined in Home Rule Act to be a complete, self-contained method, not involving action by General Assembly, of amending charter of a city, irrespective of any existing charter provision; act confers no power on mayor to exercise a veto; a construction which would import into these amendatory proceedings the power of veto conferred on mayor by charter would be inconsistent with procedure provided for in Sec. 7-191. 150 C. 24. Cited. 155 C. 579; 171 C. 74. Retention of surplus was not an unauthorized exercise of taxing power in violation of statute. 178 C. 81. Charter provisions regarding consolidation prevail over parallel provisions in Home Rule Act. 179 C. 589. Cited. 188 C. 276; 193 C. 1; 196 C. 623.
Notes of Decisions
Cited in
9
cases, 1962–2004 · leading case:
Caulfield v. Noble, 420 A.2d 1160 (Conn. 1979).
Caulfield v. Noble, 420 A.2d 1160 (Conn. 1979).
· cites it 6× “A The plaintiff first asserts that General Statutes §§ 7-191a and 7-192 preclude the town from exercising any power to levy or collect any tax not authorized by the General Statutes, arguing that § C5-28 of the town charter contains no express grant of taxing power, and if so…”
Pepin v. City of Danbury, 368 A.2d 88 (Conn. 1976).
· cites it 2× “The statute does no more than mandate what the city has the power to do and nowhere authorizes imposition of a tax which would be invalid under another statute, as § 7-194 recognizes when it states that the powers enumerated are subject to the provisions of General Statutes §…”
Miller v. Eighth Utils. Dist., 427 A.2d 425 (Conn. 1980).
· cites it 3× “It is clear from the language of § 7-192 of the General Statutes, which provides that “[a] 11 charters and special acts in effect on May 29, 1957, shall continue in effect until repealed, superseded or amended by the adoption of a charter, charter revision or amendment in…”
Bd. of Educ. v. Town & Borough, 778 A.2d 862 (Conn. 2001).
“” General Statutes § 7-194 provides: “Subject to the provisions of section 7-192, all towns, cities or boroughs which have a charter or which adopt or amend a charter under the provisions of this chapter shall have the following specific powers in addition to all powers granted…”
Bd. of Educ. v. Town & Borough of Naugatuck, 843 A.2d 603 (Conn. 2004).
“” General Statutes § 7-194 provides in relevant part: “Subject to the provisions of section 7-192, all towns, cities or boroughs which have a charter or which adopt or amend a charter under the provisions of .”
State Ex Rel. Sloane v. Reidy, 209 A.2d 674 (Conn. 1965).
“The holding is consistent with the language contained in § 7-192 of the General Statutes, a part of the Home Rule Act, which states that any charter revision “shall be accomplished as provided in section 7-191, the provisions in any charter in existence on .”
Sloane v. City of Waterbury, 183 A.2d 839 (Conn. 1962).
“The Home Eule Act, in § 7-192, provides, inter alia: “All charters and special acts in effect on May 29, 1957, shall continue in effect until repealed, superseded or amended by the adoption of a charter, charter revision or amendment in accordance with .”
Doyon v. Town of South Windsor, 472 A.2d 361 (Conn. App. Ct. 1983).
“7 General Statutes § 7-194 states that: “Subject to the provisions of § 7-192, all towns, cities or boroughs which have a charter or which adopt or amend a charter under the provisions of this chapter shall have the fol *419 lowing specific powers in addition to all powers…”
Town of Watertown v. Watertown Fire Dist., 265 A.2d 496 (Conn. Super. Ct. 1968).
· cites it 2× “The plaintiff further contends that § 7-192 of the General Statutes requires that any amendment of a district charter must be in accordance with the Home Rule Act.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.