Town of Branford, CT Resource Recovery Authority

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.

§ 82-3 Purpose of 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.

§ 82-4 Membership.

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.

§ 82-5 Weighting of votes.

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.

§ 82-6 Appointment of members.

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[1] and are hereby approved and adopted.

[1]

Editor's Note: The Articles of Incorporation are on file in the Town offices.

§ 82-7 Legislation deemed concurrent with that of other members.

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.