The provisions of Chapter 103b, Sections 7-273aa to 7-273oo, of the
General Statutes of the State of Connecticut, as amended, are hereby adopted.
A public body politic and corporate of the state to be known as the
"South Central Connecticut Regional Resource Recovery Authority" (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, and Chapters
446d and 446e of the General Statutes of the State of Connecticut, as amended,
which Authority is hereby designated as the "Regional Resource Recovery Authority"
of the Town of Branford. The Authority shall be the Regional Resource Recovery
Authority for the Town of Branford, such other member municipalities as shall,
by ordinance concurrent herewith, adopt the provisions of Chapter 103b of
the General Statutes, as amended, create the Authority and designate the Authority
as their Regional Resource Recovery Authority and such other member 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 primary 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 collection and disposal of residential, commercial and industrial
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 the
production of steam, electricity and other by-products for sale.
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 by the public official
designated to appoint such member by each such member municipality in its
ordinance adopting Sections 7-273aa to 7-273oo of the General Statutes of
the State of Connecticut, as amended, and creating the Authority (the Public
Official). Members shall serve for terms of three years, except that the members
first members of the Authority shall serve terms commencing August 1, 1985,
and any such member appointed from the Town of Branford or the Town of East
Haven shall serve until July 31, 1986. Any such member appointed from the
Town of Madison or the Town of North Branford shall serve until July 31, 1987,
and any such member appointed from the Town of Guilford or the City of New
Haven shall serve until July 31, 1988, provided that members shall continue
to serve until their successors are appointed and have qualified. In the event
of the resignation, death or disability of a member from any member municipality,
a successor may be appointed by the chief elected official of such member
municipality for the unexpired portion of the term. The member from any member
municipality may be removed for cause by the Public Official. An alternate
member of any member municipality may be appointed by the Public Official,
for the limited purpose of attending any meeting of the Authority or performing
any function, duty or obligation of the member of such member municipality
in the event that an emergency situation, temporary disability or extraordinary
circumstance prevents such member from attending any such meeting or performing
any such function, duty or obligation of such member. For such limited purposes
as such alternate member is appointed, such alternate member shall have, as
to the Authority, powers, rights and privileges identical to those of the
member for whom such alternate member is a substitute, including but not limited
to the weighted vote accorded such member, and whenever such member is mentioned
or described in the articles or bylaws of the Authority, such mention or description
shall apply with equal force to such alternate member. Members shall be reimbursed
for their necessary expenses incurred in the performance of their duties.
In voting upon all matters before the Authority, the vote of the member
from each member municipality shall be accorded a weight determined as follows:
the quotient obtained by dividing the tonnage of solid waste committed by
such member municipality by contract or otherwise to be delivered to the Authority
by the total tonnage of solid waste so committed by all member municipalities
at the time of such vote, which quotient shall be multiplied by 100 and which
product shall be rounded to the nearest whole number. Notwithstanding the
foregoing, the bylaws of the Authority may require the affirmative vote of
not less than two members voting on any matter before the Authority. For the
purposes of this section, prior to the time that all member municipalities
shall have committed to deliver solid waste to the Authority, the member municipalities
shall be treated as having committed to deliver waste in the following amounts:
the Town of Branford, 30,000 tons per year; the Town of East Haven, 18,000
tons per year; the Town of Guilford, 8,000 tons per year; the Town of Madison,
8,000 tons per year; the City of New Haven, 67,700 tons per year; and the
Town of North Branford, 7,000 tons per year. Whenever a vote is taken on any
matter by the Authority, the vote shall be determined in accordance with this
section. Members of the Authority holding a majority of the votes so weighted
shall constitute a quorum, provided that no quorum shall be deemed to exist
unless not less than three members shall be present and voting.
Members of the Authority shall be appointed by the Board of Selectmen
or a majority of them. The Board of Selectmen, acting by a majority vote,
is hereby directed to appoint the first member from the Town of Branford to
the membership of the Authority. Such appointee is instructed to execute and
file, as incorporator of the Authority, the Articles of Incorporation of the
Authority. Such Articles of Incorporation are incorporated herein by reference
in the form set forth in attachments hereto and are hereby approved and adopted.
This chapter shall be deemed to be concurrent with such ordinances as
shall be enacted by such of the City of New Haven, the Town of East Haven,
the Town of Guilford, the Town of North Branford and the Town of Madison as
may enact ordinances concurrent herewith for the purpose of adopting Chapter
103b, creating the Authority and designating the Authority its Regional Resource
Recovery Authority, notwithstanding that such ordinances shall not be adopted
simultaneously with this chapter or one or more of such municipalities shall
fail to adopt an ordinance for such purposes. This chapter shall be deemed
concurrent with any of such ordinances of such municipalities as shall not
be inconsistent in any material respect with the provisions hereof.