[Ord. of 3-29-1989, § 1[1]]
The provisions of Chapter 103b, Sections 7-273aa to 7-273oo,
as amended by the provisions of Public Act No. 85-478, are hereby
adopted.
[1]
Editor's Note: This ordinance superseded former Art VII, Housatonic
Regional Resources Recovery Authority (Ord. of 7-15-1986).
[Ord. of 3-29-1989, § 2]
A public body politic and corporate of the state, to be known
as the "Housatonic 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 Chapter 103b, Sections 7-273aa to 7-273oo, of the Connecticut General
Statutes, as amended by Public Act No. 85-478, and Chapters 446d and
446e of the Connecticut General Statutes, as amended, which Authority
is hereby designated as the Regional Resources Recovery Authority
for the Town of New Milford. The Authority shall be the Regional Resources
Recovery Authority for the Town of New Milford and for such other
member municipalities as shall by ordinance concurrent herewith adopt
the provisions of Chapter 103b of the Connecticut General Statutes,
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.
[Ord. of 3-29-1989, § 3]
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.
[Ord. of 3-29-1989, § 4]
(a)
The membership of the Authority shall consist of one member from
each member municipality of the Authority. Each municipality's member,
including each of the first members of the Authority, shall be appointed
in the manner established by the concurrent ordinance adopted by such
municipality.
(b)
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.
(c)
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
representative shall have a voice at Authority meetings and vote at
Authority meetings if the regular representative from said municipality
is absent from the meeting.
[Ord. of 3-29-1989, § 5]
The Town of New Milford's member and alternate member to the
Authority shall be appointed by the Mayor with approval of the Town
Council by an affirmative vote of not less than a majority of all
the members of said Town Council. Any vacancy in either office shall
be filled in like manner for the unexpired portion of the term. Upon
recommendation of the Mayor, the Town Council may remove said member
or alternate member for cause. No person shall be eligible for appointment
as a New Milford 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.
[Ord. of 3-29-1989, § 6]
(a)
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
or 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.
(b)
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 total number of 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.
[Ord. of 3-29-1989, § 7]
Members of the Authority shall serve without compensation but
may be reimbursed for their necessary expenses.
[Ord. of 3-29-1989, § 8]
Member municipalities may withdraw from the Authority only upon
such terms and conditions as the Authority may require and after compliance
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.
[Ord. of 3-29-1989, § 9]
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, Brookfield, Newtown, Redding and Ridgefield,
provided that such ordinances are consistent in material respects
with the provision of this Article as determined by the Town Counsel.
This Article shall be deemed concurrent even though it is not adopted
simultaneously with the ordinances of such other municipalities and
even though one or more of said municipalities may fail to adopt said
Article.
[Ord. of 3-29-1989, § 10]
This Article shall become effective upon June 1, 1986, or upon the adoption of the concurrent ordinance by not fewer than four of the municipalities named in § 7-67 hereof, whichever shall first occur.
