New Britain herald., 1924-01-05
WATER BOARD CAN'T INCREASE CHARGES Finance Board and Common
 Council Must Approve Rate KIRKHAM GIVES OPINION
Corporation Counsel Quotes Charter To Prove Commission Lacks Au- thority to Carry Out Program Which Includes "Seryice Charge"

The board of water commissioners
 has no right to increase it's water rates or establish a service charge" unless the board of finance and taxa tion approves and the common coun- cil coucurs. Corporation Counsel John H. Kirkham has advised Chairman
 Edward F. Hall of the board of fi- nance and taxation in reply to a query by MT. Hall.
 The water board gave the council notice at the last meeting of its in tention to increase rates and place a service charge" and in his expiana- ton to the common council, Chair man W. l.. Hatch of the water board to appear before the council. but that the water board could proceed to make the changes. The board, he said, thought better policy to keep the council informed.
 Judge Kirkham quotes sections from the charter which show that the board of finance must fix the water rates each year and that no changes can be made until the board approves uiu tlS tolihIoll SoAutil idhNS action.
 Kiri<ham's Opinion
 The opinion by the corporation counsel follows:
 "The charter, special acts of 1911, provides that the board of water commissioners during the month of February in each year present to the board of finance and taxation de- tailed estimate Of it's income and ex- penditusc for the ensuing year, and that said board of finance and taxa ton shall hear said board of water commissioners upon said estimates and receipts and expenditures and shall approve, disapprove or revise the same wholly or in part; that such estimates as revised or otherwise ap- proved by said board shall be pub ished and shall be submitted to the common council for approval or re- departments, ana said common coun- cil may further alter or may approve said estimates. and that the estimates of receipts to be approved as nforo- said. shall include the rates proposed To be charged for the use of water or other water charges to be collected by or for the use of giid water de- oartment and said water commission ITS shall, during such year, charge he water rates or charges so approy- I'd by the board of finance and taxa ion and the common council. but no inch rates or charge shall be less han the actual cost.
 The act further provides: If at any | ime during the year for which such 'stimates of receipts and expendi- | ures are made shall be desirable in he opinion of the water commission l ITS 10 change the same said board of | water commissioners shall prepare . estimate which shall be . nbmitted to the board of finance and | aNation and to the common council . f said city for approval in like man Ter as herebefore provided and ghen such estimates are approynd aid board may make the expenditure IT collect the receipts or charges so pprovcd.'
 Tt therefore appears that inc iater rates are 10 be fixed each wear v the board of finance and taxation nd by the common council on pre- cntation of estimates in the month f February to the board of finance nd taxation by the water commjs. toner's, and that the rates may be hanged by the same procedure or at ny other time if in the opinion of he board of water commissioners if desirable to have the rates so hanged"