[Adopted 8-27-1986 (§ 12 1/2-14 of the 1974 Code); amended 1-25-1989; 1-8-1992; 4-8-1992]
The provisions of C.G.S. Ch. 103B, §§ 7-273aa to 7-273oo, as amended by the provisions of Public Act No. 85-478, are hereby adopted.
A public body politic and corporate of the state, to be known as the "Housatonic Regional Resources Recovery Authority" (hereinafter referred to as the "Authority"), constituting a political subdivision of the State of Connecticut established and created for the performance of an essential public and governmental function, is hereby created for the purposes, charged with the duties and granted the powers provided in C.G.S. Ch. 103B, §§ 7-273aa to 7-273oo, as amended by Public Act No. 85-478, and C.G.S. Chs. 446D and 446E, as amended, which Authority is hereby designated as the Regional Resources Recovery Authority for the Town of Ridgefield. The Authority shall be the Regional Resources Recovery Authority for the Town of Ridgefield and for such other member municipalities as shall by ordinance concurrent herewith adopt the provisions of C.G.S. Ch. 103b, as amended, create the Authority and designate the Authority as their Regional Resources Recovery Authority, and such other municipalities as shall by ordinance and upon such terms and conditions as the Authority may determine hereafter become member municipalities of the Authority.
The Authority is established and created for the purpose of providing solid waste management and disposal services within the region of the Authority, which shall be the region within the jurisdiction of all of the member municipalities of the Authority, and which purpose includes providing for the disposal of residential and commercial solid waste, the financing, construction and operation of one or more solid waste disposal facilities for such purpose, and the delivery of solid waste thereto, including facilities for incineration of solid waste and production of steam, electricity and other by-products for sale to public utilities and others.
The membership of the Authority shall consist of one member from each member municipality of the Authority. Each such member, including each of the first members of the Authority, shall be appointed in the manner set forth in the concurrent ordinances adopted by each member municipality. Members shall serve for terms of three years, except that the first members of the Authority shall serve terms commencing July 1, 1986, and terminating as follows: Bethel, June 30, 1987; Bridgewater, June 30, 1988; Brookfield, June 30, 1989; Danbury, June 30, 1987; New Fairfield, June 30, 1988; New Milford, June 30, 1989; Newtown, June 30, 1987; Redding, June 30, 1988; and Ridgefield, June 30, 1989; provided, however, that members shall continue to serve until their successors are appointed and have qualified. In no event shall the terms of more than 1/2 of the members expire simultaneously. If because of the addition or reduction of the number of member municipalities the terms of more than 1/2 of the members would expire simultaneously, then the terms of a sufficient number of members shall be automatically extended for a period of one year. Said extensions shall be based upon the alphabetical order of the member municipalities. Each member municipality may appoint one alternate member of the Authority who shall act in the event of the disability or absence for any other reason of the member of the municipality. Said alternate member shall only have a voice and vote at Authority meetings if the member from said municipality is absent from the meeting.
As a condition of appointment and effective upon passage as to any member or alternate currently serving, the Board of Selectmen reserves unto itself the right to direct the Ridgefield member or alternate as to how his or her vote shall be cast on matters concerning the Housatonic Regional Resources Recovery Authority operating, administrative and/or capital budget, whenever said budget matter could cause the Town to become financially responsible for the same. Should the Ridgefield member or alternate be a member of the Board of Selectmen at the time said directive is under consideration, he or she will not be disqualified to cast a vote on said matter.
The Board of Selectmen of the Town of Ridgefield shall appoint the Ridgefield member and alternate to the Authority. The Board of Selectmen shall fill any vacancy which occurs and may remove said member or alternate for cause pursuant to the provisions of § 5-13 of the Charter of the Town of Ridgefield. No person shall be eligible for appointment as a Ridgefield member or alternate to the Authority unless at the time of his appointment he is an elector of the Town. Any such person who ceases to be an elector of the Town shall thereupon cease to hold said office.
Except in the case of membership termination, the Authority shall operate with 100 voting units which shall be assigned to member municipalities in proportion to each municipality's share of the total population of all members of the Authority as determined by the latest decennial federal census of population. There shall be no fractional votes, and each municipality shall have a minimum of one vote. The distribution of voting units among members shall be recomputed following each decennial federal census and upon the withdrawal or termination of any member municipality or the admission of a new member municipality. All actions by the Authority shall require the affirmative vote of at least 51% of the total voting units present and voting at a duly called meeting of the Authority at which a quorum is present.
Members of the Authority holding a majority of the voting units shall constitute a quorum, provided that no quorum shall be deemed to exist unless at least 51% of the members of the Authority shall be present and voting.
In case of membership termination, each member municipality shall have one vote and there shall be no vote by voting units.
Members of the Authority shall serve without compensation but may be reimbursed for their necessary expenses.
Member municipalities may withdraw from the Authority only after agreeing, in writing, to comply with the terms and conditions contained in any contracts between such municipality and the Authority or the holders of any bonds of the Authority. No such withdrawal shall relieve such municipality of any liability, responsibility or obligation incurred by it as a member of the Authority or as a user of any of the Authority's projects.
This article shall be deemed to be concurrent with such ordinances as shall be enacted by the City of Danbury and the Towns of Bethel, Bridgewater, New Fairfield, New Milford, Newtown, Redding and Brookfield, which ordinances are not inconsistent in any material respect with the provisions of this article. Said article shall be deemed concurrent even though said ordinances are not adopted simultaneously by said municipalities and even though one or more of said municipalities shall fail to adopt said ordinance.
This article shall become effective upon the adoption of the concurrent ordinance by not fewer than four of the municipalities named in § 12-14 hereof, but no sooner than 15 days after publication in a newspaper having general circulation in Ridgefield, as required by the Charter of Ridgefield.