[HISTORY: Adopted by the Board of Selectmen of the Town of Brookfield 6-2-1986. Amendments noted where applicable.]
The provisions of Chapter 103b, Sections 7-273aa to 7-273oo, of the Connecticut General Statutes, as amended by the provisions of Public Act 85-478, are hereby adopted.
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 7027oo, of the Connecticut General Statutes, as amended by Public Act 85-478, and Chapters 446d and 446e of the Connecticut General Statutes, as amended, which Authority is hereby designated as the Resources Recovery Authority for the Town of Brookfield. The Authority shall be the Resources Recovery Authority for the Town of Brookfield 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 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 the 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 ordinance 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 have a voice at Authority meetings and shall have a vote at Authority meetings if the member from said municipality is absent from the meeting.
The Board of Selectmen of the Town of Brookfield shall appoint the Brookfield 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 § C4-11 of the Charter of the Town of Brookfield. No person shall be eligible for appointment as a Brookfield 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 chapter 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 Ridgefield, which ordinances are not inconsistent in any material respect with the provisions of this chapter. Said chapter 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 ordinances.