There is hereby created, pursuant to C.G.S.
§§ 7-273aa to 7-273oo, inclusive, a resource recovery
authority to be known as the "Eastern Connecticut Resource Recovery
Authority" (the "Authority"). The principal office of the Authority
shall initially be located at the Municipal Building, deKoven Drive,
Middletown, Connecticut 06457. At a time to be determined by the Authority,
but not later than the date on which the Authority issues bonds or
other evidence of indebtedness to finance costs of the solid waste
disposal system, the principal office of the Authority shall be moved
to a location to be selected by the Authority in Lisbon, Connecticut.
The Authority shall have all the powers and duties of a municipal
authority and of a regional authority pursuant to Chapters 103B, 446D
and 446E of the Connecticut General Statutes.
The City shall be the initial member of the
Authority. Any municipality seeking to become a member of the Authority
after this article is passed shall become a member only upon:
A. Approval of the Authority; and
B. Such terms and conditions as the Authority may establish
from time to time and as otherwise required by law.
Each member municipality shall have one representative
to the Authority, who shall be appointed by the chief elected official
of the municipality or his or her designee. Representatives shall
serve for three-year terms, except that the first representative of
each member municipality shall serve for a one- , two- or three-year
term as designated by the Authority in order to ensure that not more
than 1/2 of the terms of all representatives shall expire within any
one year. Each representative shall serve until his or her successor
is duly appointed and qualified. Notwithstanding the foregoing, the
chief elected official of a member municipality, or his or her designee,
may replace such municipality's representative from time to time upon
10 days' prior notice to the Authority. Representatives shall serve
without compensation but may be reimbursed by the Authority for necessary
expenses incurred in conducting Authority business.
Each member municipality may appoint one alternate
representative for its regular representative. An alternate representative
may vote at a meeting of the Authority only when the regular representative
is absent.
A member municipality, upon a vote of its legislative
body, may withdraw its membership in the Authority by giving at least
six months' prior written notice to each of the other member municipalities
and to the Authority and by complying with requirements for withdrawal
from the Authority set forth in the bylaws of the Authority and the
Municipal Solid Waste Disposal Agreement or otherwise established
by the Authority. Withdrawal of membership from the Authority shall
not in any manner terminate or relieve the municipality of any liability,
responsibility or obligation, contractual or otherwise, incurred by
it prior to withdrawal, including, without limitation, those set forth
in the Municipal Solid Waste Disposal Agreement and in contracts and
agreements to deliver municipal solid waste or to pay tipping fees
or other charges.
The chief elected official or other authorized
official of a municipality passing this article is hereby authorized
and directed to enter into the Municipal Solid Waste Disposal Agreement
and to take such other and further actions as may be necessary or
desirable to implement this article.