RRDD1 Charter – Regional Refuse Disposal District 1

REGIONAL REFUSE DISPOSAL DISTRICT ONE

March 28, 2001

Adopted by the Towns of Winchester, New Hartford,and
Barkhamsted at Town.Meetings held in said Towns on May 25, 1970.

Revised and Amended by the Towns of Winchester, New Hartford and
Barkhamsted at meetings of said Town’s legislative bodies on:

Town:	Date:
Barkhamsted	September		6,	2000
New Hartford	January	16,		2001
Winchester	March	19,		2001

Prepared for Submission to Constituent Municipalities 3/28/00.

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Section 1-1. The Towns of New Hartford, Barkhamsted,
G8+ebroek and Winchester, or any three of them, acting in accord-
ance with the provisions of Sections 7-330, 7-331, 7-332-and 8-
35(d) of the Connecticut General Statutes, shall, by resolution
of their respective legislative bodies, form the Regional Refuse
Disposal District One for the purpose, more particularly defined
herein, of collection and disposal of refuse, which District
shall begin its existence as provided in Section 5-1 of this
charter.

Section 1-2. The District shall be governed by the
provisions of this Charter.

Section 1-3. The purpose of the District is to collect and
dispose of garbage, ashes and all other refuse matter, and the
consequent improvement of conditions affecting public health by:

The acquisition, construction, operation, maintenance
and improvement of any area used for the purposes of
disposal of waste material.
Assessing service charges to municipalities, occupants
or owners of property for the use of services of
property of the District, and providing for the
establishment, enforcement and collection of such
charges.

Declaring the District to be a body politic having
full responsibility and powers with respect to its
projects and establishment, collection, enforcement,
use and disposition of all such charges.
Entering into regional agreements with other
districts, municipalities or other political
subdivisions of the State for the furtherance of the
District’s purposes.

Section 1-4. As used in this Charter, unless a different

meaning clearly appears from the context

“District” shall mean the Regional Refuse Disposal
District One.

B. “District Board” shall mean the Board of Directors

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of the District.

“Municipality” shall mean any city, town or
borough in the state.
“Constituent Municipality” shall mean a town which is a
member of the District.
“Solid waste” means unwanted or discarded solid,
liquid, semisolid or contained gaseous material,
including, but not limited to, demolition debris,
material burned or otherwise processed at a resources
recovery facility or incinerator, material processed at
a recycling facility and sludges or other residue from
a water pollution abatement facility, water supply
treatment plant or air pollution control facility;

F. “Real Property” shall be lands within the state and
improvements thereon or any rights or interests
therein.

G. “Pollution” shall mean the condition of the air or water
resulting from the introduction therein of substance of
any kind and in quantities rendering it detrimental or
immediately or potentially dangerous to the public
health.

“Industrial waste” shall mean any harmful thermal effect
of any liquid, gaseous or solid substance or
combination thereof resulting from any process of
industry, manufacture, trade or business, or from the
development or recovery of any natural resource.

I. “Bonds” shall mean bonds, notes or other obligations
issued pursuant to this charter.

J. “Service Charges” shall mean rents, rates, fees or other
charges for direct or indirect connection with or the
use of services of the refuse disposal system.

K. “Costs” shall mean, in addition to the usual connotation
thereof, the cost of acquisition or construction of all
or any part of any refuse disposal operation and of all
or any property, rights, easements, privileges,

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agreements and franchises deemed by the District Board
to be necessary or useful and convenient therefor or in
connection therewith, including interest and discount
bonds, cost of insurance bonds, engineering and inspec-
tion costs and legal expenses, cost of financial, pro-
fessional and other estimates and advice, organization,
administrative, operating and other expenses of the
District Board prior to or during such acquisition or
construction, and all other expenses as may be
necessary or incident to the financing, acquisition,
construction and completion of said disposal operation
or part thereof and the placing of the same in
operation, and also such provisions for reserves or
working capital, operating, maintenance or replacement
expenses for the payment or security of principal or
interest on bonds during or after such acquisition or
construction as the District Board may determine, and
also reimbursement to the District Board, or any
municipality or other person of any moneys therefor
expended for the purposes of the District Board or any
municipality of any moneys therefor expended in
connection with the disposal facilities.

L. “Municipal solid waste” means solid waste from
residential, commercial and industrial sources,
excluding solid waste consisting of significant

, quantities of hazardous waste as defined in section
22a-115, land-clearing debris, demolition debris,
biomedical waste, sewage sludge and scrap metal;

“Regional authority” means the administrative body
delegated the responsibility of solid waste management
for two or more municipalities which have joined
together by creating a district or signing an inter local
agreement or signing a mutual contract for a definitive
period of time.
“Municipal authority” means the local governing body
having legal jurisdiction over solid waste management
within its corporate limits which shall be, in the case
of any municipality which adopts a charter provision or
ordinance pursuant to Connecticut General Statutes,
Section 7-273aa, the municipal resource recovery
authority;

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“Municipal collection” means solid waste collection from
all residents thereof by a municipal authority;
“Contract collection” means collection by a private
collector under a formal agreement with a municipal
authority in which the rights and duties of the
respective parties are set forth;

Section 1-5. The territorial limits of the District shall
be coterminous with the perimeter boundary of the municipalities
forming the district.

Section 2-1. Pursuant to the Connecticut General Statutes,
Section 7-330, the affairs of the District shall be managed by a
board consisting of at least two members from each of the
constituent municipalities. Any town, city or borough having a
population of more than 5,000 inhabitants as determined by the
most recent population figures maintained by the Department of
Public Health of the State of Connecticut (hereinafter “Health
Department”) shall be entitled to one additional representative
for each additional 5,000 population or part thereof.

If the State of Connecticut, through the Health Department
or any other department, does not maintain population figures for
the various municipalities which are revised and published at
least biennially, the population count of the last completed
federal census shall be used.

Board members representing each constituent municipality
shall be appointed by its Board of Selectmen or, if it is a city,
by its councilor board of aldermen.

The Board shall, at its first meeting, determine by lot
which members shall serve for one, two or three years, provided
the terms of office of not more than 50 of the Board shall –
expire in anyone year.

Thereafter, the terms of office shall be for three years.

Such Board shall choose by ballot from its membership a
chairman, a secretary and a treasurer.

Such treasurer shall give bond to the Board to the

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satisfaction of its members, the cost of such bond to be borne by
the Board.

If the population of any constituent municipality shall
increase to the point where it is entitled to a additional
representation on the Board, such change shall become effective
one year after the publication of the applicable census or Health
Department figures as the case may be unless the District Board
shall have set an earlier effective date.

Section 2-2. If a Board member representing any constituent
municipality shall for any reason be unable to serve out his full
term of office, a substitute member to fill out such term shall
be appointed by the Board of Selectmen of such municipality, or,
if it should be a city, by its councilor board of aldermen.

Section 2-3. At the first meeting of the District Board and
its succeeding annual meetings, the directors shall choose by
ballot from its membership a chairman, a secretary and a
treasurer and may then thereafter appoint any other person or
employee as may seem to it convenient for the transaction of
business of the District. The District Board may, from time to
time, appoint such standing and special committees from its
members or otherwise as in its judgment may be convenient and
define their powers and duties. Said District Board shall adopt
by-laws and resolutions for the purpose of carrying into effect
any of the powers and duties herein given, which by-laws shall
include provisions setting forth a procedure for awarding
contracts or making purchases in excess of $5,000. No member of
the District Board may receive any pay for his services as such
member or as member(s) of a subcommittee of the District Board
except that a reasonable sum may be annually appropriated for the
actual expenses of said District Board. The Board may also
appoint and employ such professional and technical advisors and
experts and such other agents and employees as it may require and
shall determine their qualifications, duties and compensation.
The Board may by resolution, by-law or otherwise, fix the
salaries or duties of all employees or may delegate the fixing of
salaries and assignments of duties of employees to the chairman
of the board or special committee.

Section 2-4. The District Board shall make provisions
for the proper aUditing of district accounts and shall cause
the treasurer or any other officer to execute bonds to the

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district with surety for the acceptance of the District Board
for the faithful performance of the duties of such officer.
The cost of such bond shall be borne by the District.

Section 2-5. The majority of the entire membership of the
board shall constitute a quorum and the time, place and manner of
calling meetings and the holding thereof, including the manner of
resolving tie votes, shall be prescribed by the by-laws of the
Board and in accord with the general statutes.

Section 2-6. No member, officer or employee of the District
Board shall acquire any interest, direct or indirect, in any
property or operation or project owned or undertaken or to be
undertaken or owned by the District; or in any contract or
proposed contract for materials or services to be furnished to or
used by the district, but neither the holding of any office or
employment, in the government of any municipality or under any
law of the State or the owning of property within a constituent
municipality shall be deemed a disqualification for membership in
or employment by the District.

If the District Board determines to acquire property owned
in whole or in part by a member, officer or employee of the
District Board, the district shall petition the Superior Court
for the (county or) Judicial District where such property is
located, or a judge of the said court, if said court shall not be
in session, to determine what compensation shall be paid for the
acquisition of such property, or, in the alternative, the
District may submit the question of the compensation to be paid
for such property to arbitration in accordance with the then
existing rules of the American Arbitration Association.

The District Board shall have the power to supervise and
investigate all the departments, officers and employees of said
District and to inquire into any charges preferred against any
such officer or employee, and for cause, of which the District
Board shall be the sole judge, to remove or suspend any officer
or employee.

A member of the District Board may be removed only by the
body by which he was appointed and then only for inefficiency or
neglect of duty or misconduct in office after he shall have been
given a copy of the charges against him, and shall have had an
opportunitY,in person or by counsel to be heard by such body. The

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District Board shall have the power of access to all records
thereto pertaining and the power to compel the appearance of
witnesses and the production of books and papers and other
evidence of any meeting of the board or any committee thereof.

Section 2-8. The District shall establish a principal
office within the District and for such purpose may purchase or
lease real or personal property.

Section 2-9. (RESERVED)

Section 2-10.

A. The District shall protect and save harmless any District
Board member, officer, or employee from financial loss and
expense, including legal fees and costs, if any, arising out of
any claim, demand, suit or judgment by reason of alleged
negligence, or for alleged infringement of any person’s civil
rights, on the part of such officer, Board member or employee
while acting in the discharge of his duties.

B. In addition to the protection provided under sUbsection A
of this section, the District shall protect and save harmless any
such officer, Board member or employee from financial loss or
expense, including legal fees and costs, if any, arising out of
any claim, demand or suit instituted against such officer, Board
member or~employee by reason or alleged malicious, wanton or
willful act or ultra vires act, on the part of such officer,
Board member or employee while acting in the discharge of his
duties. In the event that such officer, Board member or employee
has a judgment entered against him for a malicious, wanton or
willful act in a court of law, the District shall be reimbursed
by such officer, Board member or employee for expenses it
incurred in providing such defense and shall not be held liable
to such officer, Board member or employee for any financial loss
or expense resulting from such act.

The District may insure against the liability imposed by
this section in any insurance company organized in this state or
any insurance company of another state authorized to write such
insurance in this state or may elect to act as self-insurer of
such liability.

Section 3-1.The District shall be a public body, corporate

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and politic, having all the powers and duties with regard to its
projects as the District’s constituent municipalities would have
severally and all the powers necessary or convenient to carry out
its purposes in the provisions of this charter, including the
following enumerated powers in addition to, and not in limitation
of, any other powers granted it herein, or by statute, or
otherwise:

To sue and be sued, to have a seal and to alter the
same at pleasure; to have perpetual succession and
to make and execute contracts and other instruments
necessary or convenient to the exercise of the
powers of this District.
To enact ordinances or to create permanent laws of
general application throughout the District which
may provide penalties for the violation thereof,
provided that:
With regard to the enactment of ordinances or
permanent laws of general application throughout
the District The District Board may by a vote of
two-thirds of the entire Board of Directors as
constituted under Section 2-1 of this Charter
refer any proposed ordinance to the Board of
Selectmen, City Councilor Board of Aldermen of
each of the Constituent Municipalities;
Provided further that each Board of Selectmen,
City Councilor Board of Aldermen shall refer
such proposed ordinance to the legislative body
of each Constituent Municipality;
Provided further that such proposed ordinance
shall be approved by each of the Constituent
Municipalities at its next regular or special
town meeting in accord with the procedures set
forth in Section 7-157 of the general statutes,
C.G.S. Sec. 7-157, as may be amended;
Provided further that no such proposed ordinance
shall take effect within the District without
approval by all Constituent Municipalities as set
forth above and shall take effect fifteen days

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after publication thereof in accord with the
requirements of law.

Further provided, any such ordinance passed by
RRDD#l Board of Directors and member towns may be
rescinded by a 2/3 vote of the entire RRDD#l
Board of Directors or by the legislative body of
any of the member towns by a majority of voters
or legally qualified taxpayers to rescind such
ordinance and such ordinance will be revoked 30
days from the date of such vote.

To negotiate for the acquisition of any interest in real property deemed by the board to be necessary to carryon its projects. Any agreement for any such acquisition shall be subject to the approval of the constituent municipalities acting through their respective Boards of Selectmen, Boards of Aldermen or Councils, as the case may be.

—— without limitation of-any()ther powers given to the Board by this charter or otherwise, the Board is
authorized to purchase from or enter into a lease
with the Town of Barkhamsted for the use of
approximately 60 acres of land, more or less,
purchased by it from William J. Migliora November
25, 1969 upon such terms as may be agreed upon
between said Board and the Town of Barkhamsted.

To acquire real property by gift, necessary or
useful and convenient for the purpose of the
District, and subject to mortgages, deeds of trust
or other liens, or otherwise, and to hold and use
the same and to hold or dispose of property so
acquired no longer necessary for the purpose of the
District.

Before selling any interest in real property,
however acquired, the Board shall, if such property
is situated in whole or in part in a constituent
municipality, first, by letter directed to the

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chief executive officer of such municipality, offer
to sell such property to such municipality at a
price to be arrived at by two qualified,
independent real estate appraisers, one to be
appointed by the Board and one by the municipality.

Within thirty days after receipt of such offer, the
municipality by its chief executive officer shall
reply to the Board indicating whether or not it is
interested in purchasing such property and, if it is
interested, giving the name of its appraiser.

Thereafter, the municipality shall have five months
in which to accept such offer at the final appraisal
price and to fulfill its obligations required to
consummate the transaction.

If the two appraisers cannot agree on a price, they
shall appoint a third qualified independent real
estate appraiser, and the decision of a majority of
the three appraisers shall constitute a final
appraisal.

If the Board shall not have received a reply from
the municipality within thirty days of the date of
its original offer, stating that the municipality is
interested in purchasing such property and setting
forth the name of its appraiser, the Board may
dispose of such property to such persons upon such
terms as it deems to be in the best interests of the
District without again offering it to the
municipality. Similarly, if the municipality shall
reply indicating that it is interested in purchasing
the property and giving the name of its appraiser
but shall in the ensuing five month period fail to
proceed with the appraisal procedure or to perform
its obligations required to consummate the
transaction, the Board may thereafter dispose of
such property to such persons upon such terms as it
deems to be in the best interests of the District
without again offering the property to the
municipality.

Notwithstanding the foregoing, if the municipality

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has so replied, and has so proceeded with the
appraisal procedure, it may elect during said five
month period not to purchase the property at the
final appraisal price, in which case it shall so
notify the Board in writing forthwith. Thereafter
if the Board shall propose to sell such property at
a price less than that set forth in the final
appraisal, the Board shall, upon receipt of any bona
fide offer to purchase such property acceptable to
the Board, first offer in writing to sell such
property to the municipality at the price and terms
set forth in such bona fide offer. The municipality
shall then have thirty days in which to accept such
offer in writing.

To acquire, hold, use and dispose of its service
charges and other revenue and other moneys.
To acquire, hold, use and dispose of personal
property for the purpose of the District.
To borrow money and to issue and secure the payment
of any bonds and the rights of the holders thereof
and to purchase, hold and dispose of any bonds.

J. To accept gifts and grants of real or personal

~ property, money or material, labor or supplies for
the purpose of the District and to make or perform
such agreements and contracts as may be necessary
or convenient in connection with procuring,
acceptance or disposition of such grants or gifts.

To enter on lands, waters or premises, for the
purpose of making surveys, and other examinations
for the purposes of the District.
To make and enforce by-laws for rules and
regulations for the management and regulations of
its businesses and affairs for the use, maintenance
and operation of its projects and properties,
including any fees to be charged for the use of the
facilities, and to amend the same.

M. To do and perform any act or thing authorized by

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this Charter under, through or by means of its own
officers or agents or employees, or by contracts
with any person.

To enter into any and all contracts, execute any
and all instruments and do and perform any and all
acts and things necessary, convenient, or desirable
for the purposes of the District and to carry out
any power expressly given in this Charter.
To enter into all necessary contracts and
agreements of the state and federal government or
any agency thereof or of any municipality, regional
authority or other political subdivision of the
state necessary or incident to its projects.
To obtain assistance from the state and federal
governments in the forms of loans, advances,
grants, subsidies and otherwise, directly or
indirectly, for the construction or operation, or
both, of any of its projects, and to make
application therefor.
To carry out as a federal project or state project
the construction, operation and maintenance of any
project herein authorized, accept or use any
federal or state funds or assistance or both
provided therefor under any applicable state or
federal law, rule or regulation.

The District may lease, or grant an option to
lease, or grant an option to license or provide
an easement (“Lease”) for purposes of other than the
District’s principal purposes, projects or powers part of its real property to offset in whole or in part the District’s expenditures provided, however, that the Board finds:
The real property subject of any propose
Lease is not within or does not constitute
any part of those portions of the District’s
real property necessary to or desirable for
the District’s express purposes and projects

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or those necessarily implied from the
District’s principal purposes, projects or
powers including, but not limited to,
operation and/or maintenance of the
District’s:

(i) Administration buildings, transfer stations recycling, sanitary landfill or other
operations facilities;

(ii) Site remediation, landfill closure or
other activity as required or as may be reasonably expected to be required by or made necessary or desirable by any regulatory agency of the Federal, state or local government and,

The lease of such real property and the uses of
such leased property will not interfere with
the District’s principal purposes or projects
or the exercise of its powers and duties,
express or implied in the furtherance of the
District’s principal purposes or projects.
The character, condition and location of any
real property subject of any proposed lease is
such that it is desirable that the District
retain ownership of said property in
anticipation of requirements of the District’s
principal purposes and projects.
The character, condition and location of such
property is such that it may reasonably be
expected that sale of such property is unlikely
or likely only on such terms as would be
disadvantageous to the District’s principal and
projects.
Any use, structure, purpose or activity
contemplated under such lease will not violate
any provision of law of or enforceable by any
Federal, state, regional or local authority.

2. Any proposed lease shall be written and contain the

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following provisions:

The District will bear no responsibility for
costs of development, operation, or maintenance
of such property for uses or purposes
contemplated in such lease and, further, will
bear no responsibility for costs incurred in or
arising from the cessation of activity, uses or
purposes contemplated in such leases whether by
expiration or termination of such lease;
The lessee will restore the property subject of
such lease to such character and condition as
existed prior to such lease as the Board deems
advisable and necessary in the furtherance of the
District’s principal purposes and projects;
The lessee shall hold harmless and indemnify the
District against any action, suit proceeding or
claim arising from the uses, structures or
activities contemplated under such lease or
foreseeable under such lease, including
attorney’s fees and such amount of any judgment,
money decree, fine, penalty or settlement for
which the District may become liable as lessor or
property owner.
Such other provisions as deemed advisable by the
Board or its consultants and advisors for leases
of real property for the uses or purposes of the
type or character of such proposed lease.

3. The foregoing amendment to the Charter is to be submitted to the legislative body of each constituent municipality body for review and ratification enactment pursuant to Charter Sec. 5-6.

Section 3-2.The District may acquire, construct and
operate a solid waste collection and disposal operation for the
purpose of collection and disposal of solid waste from any or all
of the constituent municipalities and from any nonconstituent
municipality, regional authority or other political subdivision
of the state with which the District has contracted for use of or
access to the District’s operation or facilities as the Board of
Directors determines to be both in the best interests of the
District and the constituent municipalities and, further, not
inconsistent with the purposes of the District.

section 3–3.(RESERVED)

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Section 3-4.The Board may enter into contracts, after
receiving competitive bids pursuant to public notice, with any
private individual or municipality for the maintenance and
operation a solid waste collection, recycling and disposal system
within and throughout the District, including but not limited to
collection services.

Section 3-5. The District Board may establish and revise
rules and regulations for the supervision, management, control,
operation and use of its projects including rules and regulations
prohibiting, or regulating disposal of any waste matter which
will adversely affect any part or process of the District’s solid
waste operation. The provisions of this section are not
intended, and shall not be construed so as to prohibit industrial
wastes as such, but only those waste materials, which will
adversely affect the solid waste management operation.

Section 3-6. In order to facilitate the construction or
operation of any of its projects, the District Board may require
any public service company or constituent municipality or
district thereof, to remove or relocate any tracks, pipes, mains,
conduits, cables, wires, towers, poles or other equipment
structures or appliances situated on, in or over any property of
the District affected thereby. The District Board shall pay
reasonable compensation for any such removal or relocation upon
terms to’be negotiated between it and such public service
company, municipality or district and, if such negotiation shall
prove unsuccessful, may enforce such relocation or removal by
eminent domain in the same manner as any constituent municipality
might do.

section 3-7. (RESERVED)

Section 3-8. (RESERVED)

Section 3-9. The District may use all or any part of any
sanitary land fill site of any constituent municipality, upon
terms to be negotiated between such municipality and the
district.

Section 3-10. The District Board may construct, maintain,
and operate any structure, road, right of way, etc., under and ln
any streets~ alleys, highways or other public places within or

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without the District, doing no unnecessary injury thereto and
making no unnecessary interruptions in or interference with the
public health, safety, welfare and use in such places in
restoring the same to their former usefulness and condition
within a reasonable time. The District Board shall notify the
authority having jurisdiction over the maintenance of the
streets, highways, or other places of the time and place of any
opening or excavating to be done by the District and shall
conform insofar as is possible with the reasonable requirements
of the same.

Section 3-11. (RESERVED)

Section 3-12.(RESERVED)

Section 3-13. No municipality or person shall cause to be
deposited directly or indirectly into any site or facility of the
District any matter or thing which in the opinion of the District
is or may be injurious to the health of employees or anyone
contracted by the District engaged in operation or of the
District’s solid waste management operation or which may
contribute to pollution of the air or otherwise adversely the
public health, safety or welfare.

Section 3-14.

(RESERVED)

Se~tion 3-15. The sanitary land fill operation site and
all other property, facilities or improvements thereon of the
District are hereby declared to be public property, of a
political subdivision of the state and devoted to the essential
public and governmental functions and purposes and all property
of the District except land, shall be exempt from all taxes and
special assessments of the State or any subdivision thereof. All
lands owned by the District shall be assessed for taxation by the
Town wherein they lie at the average assessed valuation per acre
of industrial land in such Town. All bonds are hereby declared to
be issued by a political subdivision of the State and for an
essential public and governmental purpose and for public
instrumentality, and such bonds and interest thereon and income
therefrom and all service charges, funds, revenues and all other
moneys pledged or available to payor secure the payments of such
bonds, or interest thereon shall at all times be exempt from
taxation to the extent allowed by law.

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Section 4-1. It shall be the duty of the members of the
Board to determine the expenditures necessary in maintaining and
operating the District’s facilities and operations. The Board
shall determine the allocable share of expenses due and owing by
each town constituting the District on a per capita basis
determined by the population of each of the constituent
municipalities as listed in the most recent population figures
maintained by the Health Department for the State of Connecticut.

Section 4-2.On or before a date to be set by the District
Board in each year, the Board shall prepare an itemized budget of
estimated expenditures of the District for its next fiscal year,
which budget shall include the share for which each constituent
municipality shall be responsible. The Board shall hold a public
hearing on such budget pursuant to notice by publication in two
newspapers having a general circulation in the district, at least
twice, not more than ten nor less than 2-days prior to such
hearing. At the hearing, the Board shall have on hand sufficient
copies of its proposed budget to provide each person in
attendance with one copy. After the hearing, the Board shall
adopt its’ budget and refer it to the Board of Selectmen or
Councilor Board of Aldermen, as the case may be, of each
constituent municipality and each such municipality shall include
in its budget for its fiscal year next following its
proportionate share of the budget so furnished by the District
Board. No change shall be made by the District Board in such
budget as so submitted except by a two-thirds vote of the entire
District Board.

Section 4-3. No expenditures for any purpose designed in the
budget shall exceed the estimate for that item, provided the
District Board may, upon approval of the constituent
municipalities, or, in the absence of such approval, by a two-
thirds vote of the entire District Board, make an additional
appropriation for expenditures for any item or items from such a
contingency fund as may have been included in the budget or
transfer any unexpended balance of any item or items included in
the budget to any other item or items.

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02/26/01

Page 19 of 21

Section 4-4. If any emergency condition in the services or
functions of the District shall be declared by a formal vote of
the District Board and if such conditions shall require
additional expenditures which cannot be met by an established
budget for the year, the Board shall prepare and submit a special
emergency budget with stipulations as to how the funds therefor
shall be provided. Such emergency budget shall be submitted to
the constituent municipalities, after hearing, in the same manner
as the annual budget.

Section 4-5.The first fiscal year of said District shall
begin and end on days to be fixed by the District Board, and
thereafter the fiscal year of said District and of all
departments of said District shall begin on July 1 and end on
June 30 each year.

Section 4-6.To meet the cost of planning, construction,
maintenance and operation of the District’s operations authorized
by this Charter, the District may file application for and accept
and use any federal or state funds or assistance, or both,
provided therefor under any federal or state laws. All such
applications shall be made in the name of the District Board and
shall be duly signed by the Board Chairman or such other person
or persons as the Board shall designate.

Se~tion 4-7.The District Board may authorize the use of
any of its facilities for the collection or disposal of solid
waste or recyclable materials from outside the district upon such
terms as it may deem desirable.

Section 4-8.(RESERVED)

Section 4-9.(RESERVED)

Section 4-10.In the event any person or constituent
municipality fails for any reason to make payment for charges
when due, such person or municipality shall be liable to the
district for the unpaid balance thereof and interest thereon at
the rate of one percent (1) per month, together with attorney’s
fees and costs of collection. The Treasurer or the District may
collect such charges in accordance with the provisions of the
General Statutes for the collection of property taxes or by
initiation of civil action in the name of the District.

RRDD 1 Charter, Rev’d.

02/26/01 .

Page 20 of 21

Section 4-11.All rights and remedies granted by this
Charter for the collection and enforcement of charges shall be
cumulative and concurrent.

Section 5-1. This Charter shall become effective upon its
approval by the Town of Barkhamsted, the Town of Winchester and
the Town of New Hartford, or any two of them, as provided in
Section 7-330 of the Connecticut General Statutes.

Section 5-2.Subject to the provisions of this Charter and
the General Statutes, the District may contract with any
municipality,regional authority or other political subdivision of
the State to further the purposes of the district.

Section 5-3.In accordance with Section 7-332 of the
Connecticut General Statutes, any municipality may, by vote of
its legislative body, elect to apply for admission to the
District and the District Board may admit such municipality. Any
constituent municipality may, by vote of its legislative body,
elect to withdraw from the district, but such withdrawal shall
not be effective until six months after such vote nor shall such
withdrawal relieve such municipality from any liability which it
incurred as a member of the district.

Section 5-4.This Charter shall be construed liberally to
effectuat~ its intent and as a complete and independent authority
for the performance of each and every act and thing herein
authorized.

Section 5-5.If any provision, section, article or clause
of this Charter or the application of such provision, section,
article or clause to any person or circumstances shall be held
invalid, the remainder of the Charter and application of such
provisions, sections, articles or clauses to persons or circum-
stances other than those as to which it shall have been held in-
valid shall not be affected thereby.

Section 5-6. The District Board, subject to the provisions
of any contract between the holders of any bonds and the
district, may resolve to amend this Charter only by a two-thirds
vote of the entire membership of the board. Said amendment shall
be submitted by the Board for ratification to the legislative
body of each constituent municipality. Said amendments shall

RRDD 1 Charter~ Rev’d.
03/28/01

Page 21 of 21

become effective when ratified by each constituent municipality.

Section 5-7.Except as provided in Section 4-4, notwith-
standing any other provision of this Charter, the District shall
not commit itself to expend funds above the amount previously
appropriated to it by the constituent municipalities, provided,
however, that the District may spend money acquired by it from
any source other than the constituent municipalities for such
purposes and in such amounts as the District Board may deem
desirable in the best interests of the District.

Adopted by Town Meetings in the town of Winchester on

, in the town of New Hartford on January 16, 2001,

–~—-~—-

and in the town of Barkhamsted on September 6, 2000.

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