[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.
A.
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.
B.
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.
A.
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.
B.
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.
