REGIONAL REFUSE DISPOSAL DISTRICT ONE

CHARTER

REGIONAL REFUSE DISPOSAL DISTRICT ONE

CHARTER

Revised and Amended 2000–2001 Adopted by the Towns of Barkhamsted, New Hartford, and Winchester March 28, 2001

TABLE OF CONTENTS

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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 Towns legislative bodies on:

Article I — The District

Section 1-1.

The Towns of New Hartford, Barkhamsted, Colebrook and Winchester, or any three of them, acting in accordance 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 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, 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 inspection costs and legal expenses, cost of financial, professional 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;

"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.

Article II — The District Board

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 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

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 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.

Article III — Powers

Section 3-1.

The District shall be a public body, corporate

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:

A. 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.

B. 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 Council or Board of Aldermen of each of the Constituent Municipalities;

Provided further that each Board of Selectmen, City Council or 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 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.

C. To negotiate for the acquisition of any interest in real property deemed by the board to be necessary to carry on 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.

D. Without limitation of any other 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.

E. 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 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 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.

F. To acquire, hold, use and dispose of its service charges and other revenue and other moneys.

G. To acquire, hold, use and dispose of personal property for the purpose of the District.

H. 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.

I. (RESERVED)

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.

K. To enter on lands, waters or premises, for the purpose of making surveys, and other examinations for the purposes of the District.

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

N. 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.

O. 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.

P. 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.

Q. 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.

R. 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 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 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)

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 of 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 in any streets, alleys, highways or other public places within or

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)

Section 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 pay or secure the payments of such bonds, or interest thereon shall at all times be exempt from taxation to the extent allowed by law.

Article IV — Finance

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.

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.

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 Council or 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.

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.

Section 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.

02/26/01 .

Section 4-11.

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

Article V — General Provisions

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 effectuate 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 circumstances other than those as to which it shall have been held invalid 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

become effective when ratified by each constituent municipality.

Section 5-7.

Except as provided in Section 4-4, notwithstanding 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.