SUMMONS

.
CIVIL
JD-CV-l Rev.2-13
c.G.s. ss
51-346, s1-347, 51-34e, s1-3s0, 52-45a,
5248, 52-259, P.B. Secs. 3-1 through 3-21, 8-1
STATE OF CONNECTICUT
SUPERIOR GOURT
vvvvw.jud.ct.gov
See page 2 for instructions
TO: Any proper officer; BY AUTHORITY OF THE
STATE OF CONNECTICUT, you are hereby
commanded to make due and legal service of
this Summons and attached Complaint.
rr
"X" if amount, legal interest or property in demand, not including interest and
u
costs is less than $2,500.
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"Xu if amount, legal interest or property in demand, not including interest and
E
costs is $2,500 or more.
E
'X' if claiming other relief in addition to or in lieu of money or damages.
Address of court clerk where writ and other papers shall be
rc.c
s.
ss
51-s46, 51-s5o)
20 Franklin Square, New Britain, CT 06051
',
street, town and zip code) Retum Date (Must be a Tuesday)
November 11 2 014
---aai--
Judicial District
Housing Session
G.A.
Number
Case type code
Major: C
on page 2)
Minor: 40
Telephone number of clerk (w,1h
arca code)
( 860
)s1s-s180
in which writ is rctumable) fG.G.S. SS 51-346, 51-349)
For the Ptaintiff(s) please enter the appearance of:
Number of Defendants: 1
N^".te (L*t" Flr"t" M' Address of Each party (Number; Street; P.O. Box; Town; State; Zip; Cou4ry4!r9!]!92
Name: Bristol Resource Recovery Facility Operating Gommittee
Address:
43 Enterprise Drive, Bristol, CT 06010
Additional
Plaintiff
Name: City of Ansonia
Address: c/o-Town and City Glerk, 253 Main Street, Ansonia, CT 06401
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Name and address of attorney, law firm or plain (Number, street, town and zip s number 1to
be entered by aftomey only)
Michalik, Bauer, Silvia & Ciccarillo, LLP, 35 Pearl Street, Suite 300, New Britain, CT 06051 423817
Signature of Plaintiff (lf self-represented)
Number of Plaintiffs: 1
I
form JD-CV-2 attached for additional parties
Notice to Each Defendant
1.
yOU
ARE BEING SUED. This paper is a Summons in a lawsuit. The complaint attached to these papers states the claims that each plaintiff is making
against you in this lawsuit.
Z. fo Ue notified of further proceedings, you or your attorney must file a form called an "Appearance" with the clerk of the above-named Court at the above
Court address on or before the seiond.day after the above Return Date. The Return Date is not a hearing date. You do not have to come to court on the
Return Date unless you receive a separate notice telling you to come to court.
3. lf you or your attorney do not file a written 'Appearancei'iorm on time, a
judgment may be entered against you by default. The 'Appearance" form may be
obtained at ihe Court address above or al vvv,rw.iud.ct.gov under "Court Forms."
4. lf you believe that you have insurance that may cover the claim that is being made against you in this lawsuit, you should immediately contact your
insurance reprurent"tive. Other action you may have to take is described in the Connecticut Practice Book which may be found in a superior court law
library or on-line at unvw.jud.ct.gov under "Court Rules."
S. lf you have questions about the Summons and Comptaint, you should talk to an attorney quickly. The Clerk of Court is not allowed to give advice on
Signed
Summons is signed by a Clerk:
a. The signing has been done so that the Plaintiff(s) will not be denied access to the courts.
b. lt is the responsibility of the Plaintiff(s) to see that service is made in the manner provided by law.
c. The Clerk is not permitted to give any legal advice in connection with any lawsuit.
d. The Clerk signing this Summons at the request of the Plaintiff(s) is not responsible in any way for any errors or omissions
in the Summons, any allegations contained in the Complaint, or the service of the Summons or Complaint'
I certify I have read and
understand the above:
Name and address of person recognized to prosecute in the amount of $250
Gheryl Ferens, 35 Pearl Street, Suite 300, New Britain, CT 06051
Date
1010912014
me of Person Signing at
Commissioner of the
Superior Court
Assistant Clerk
Commissioner of lhe
Superior Court
Assistant Clerk
Signed (Offclal
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RETURN DATE: NO]IEMBE.P. 11, 2014
BRiSTOL RES OURCE RECOVERY
FACILITY OPE,RATING COMMITTE.E
VS.
CITY OF ANSONIA
SUPERIOR COURT
JUDICIAL
DISTRICT OF
NE\TBzuTAIN
AT NEW BR]TAIN
OCTOBE,R9,2074
COMPI-AINT
1,. The Plaintiff, Bdstol Resoutce Recovery FaciJity Operating Committee, is a
commitlee consisting of fourteen cities and towns cteated putsuant to Sec. 22a-221, of the
Connecticut General Statutes.
2. The Plaintiff, putsuant to Sec. 22a-227a of the Connecticut Genetal
Statutes, is a public instrumentality and poJitical subdivision of the State of Connecticut
established and created fot the performance of an essential public and governmental
function.
3. The Defendant, City of Ansonia, is a municipal corpotation vrithin the
County of New Haven and State of Connectlcut.
4. The Plaintiff and its membet communities, at all times mentioned herein
were paities to a Service Agteement with Covanta Bristol, Inc., for disposal of residential
solid waste at the Covanta vraste to energy faciJity located in the City of Bdstol,
Connecticut.
MICHALIK, BAUER, SILVIA & CICCAFILLO, LLP .
AITORNEYS AT UW
35 PEARL STREET
'
SUITE 300
'
NEW BRITAIN, CT 06051
.
(860) 225-8403
.
FAX: (860) 223-4026
.
JURIS NO. 423817
i
5. Pursuant to the Service Agreement vrith Covanta Bristol, Inc., the Plaintiff
had the right to deliver at its direction, acceptable waste to the faciJity which is burned to
ptoduce electticity for sale to the local utiJity, genetating tevenues, a pottion of which is
disttibuted to the Plaintiff.
6. On ot about May 6,2008, the Plaintiff and Defendant entered into a new
written Contact wherein the Defendant agteed to deliver to the Covanta facrlity
acceptable waste, and agreed to pay tip fees to the Plaintiff. A copy of the Conttact is
aftached as Exhibit A.
7. Said Contract ptovides for solid waste disposal service for aninitial term
ftomJuly 1, 2008, to
June
30,2010, and extensions fot trvo (2) successive tliro
Q)
yeat
terms, and the Piaintiff and Defendant agteed to both of the two (2) year the extensions,
tesulting in a Conttact expiration date ofJune 30,20L4.
8. Said Contact between the Plaintiff and Defendant tequired that the
Defendant deliver specific amounts of tons of residential waste as set foth in Schedule 2,
^p^rt
of Exhibit A.
9. The Defendant guaranteed to deliver such tons of residential waste as set
forth in Schedule 2, and to pay tip fees as set forth in Schedule 1, apatt of Exhibit A.
I
MICHALIK, BAUER, SILVIA & CICCARILLO, LLP .
ATTORNEYS AT UW
ss PEARL STREET
.
SUITE 300
.
NEW BRITAIN, CT 06051
.
(860) 225-8403
.
FAx: (860) 223-4026
.
JUHIS NO. 42s817
t
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10. During the period beginning September 23,201.3, and ending
Jantary
13,
201.4, the Defendant failed to deliver 1,193.66 tons of acceptable waste, and Defendant
acknowledged through ttansmitral of invoices that solid waste collected on behalf of the
Defendant was deliveted to locations other than the Covanta facility without the
knowledge or conserit of the Plaintiff.
L1,. Defendant agteed to pay to the Plaintiff
$57.00
for each ton the Defendant
failed to deliver.
1,2. Byteason of Defendant's bteach of the Contracg Plaintiff has been
damaged in the amount of
$68,038.86.
73. The afotementioned sum is now due to the Plaintiff ftom the Defendant,
but has not been paid after demand.
MlcHALtK, BAUER, StLVtA & C|CCAB|LLO, LLp
.
416p1,19y5 AT LAW
3s PEARL STREET
'
SUITE 300
'
NEW BRITAIN, CT 06051
. (860) 225'8403
.
FAX: (860) 22s-4026
.
JURIS NO. 423817
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\THEREFORE, THE PLAINTIFF CI-AIMS:
1,. Fair, teasonable and adequate damages;
2. Interes!
3. Such othet and legal or equitable remedies as the Coutt deems fi.t.
Dated at New Btitain, Connecticug this 9e day of October, 2074.
PI-AINTIFF
_
BRISTOL RESOURCE
RE COVERY FACILITY OPERATING
COMMITTEE
Michalik, Bauet, Silvia & Ciccarillo, LLP
35 Peatl Streeg Suite 300
New Btitain, CT 06051
Telephone: (860) 225-8403
Facsimile: (860) 223-4026
Please entet the appearance of
Michalik, Bauer, Silvia & Ciccatillo
for the Pbnqff.
Suds
# 423817)
ft A. Michalili
MICHALIK, BAUER, SILVIA & CICCARILLO, LLP .
ATTORNEYS AT LAW
35 PEARL STREET
'
SUITE 300
.
NEW BRITAIN, CT 06051
.
(860) 225-8403
.
FAX: (860) 223-4026
.
JURIS NO. 423817
RETURN DATE: NOVEMBEP. 1.1, 201,4
BRISTOL RES OURCE REC OVERY
FACILITY OPERATING COMMITTEE
VS.
CITY OF ANSONIA
(
SUPERIOR COURT
JUDiCIAL
DISTRICT OF
NEV/ BRITAIN
AT NEW BRITAIN
OCTOBER9,2014
AMOUNT IN DEMAND
The amount in demand is more than Fifteen Thousand Dollars ($15,000.00)
exclusive of interest and costs.
PI-A]NTIFF
-
BRISTOL RESOURCE
RECOYERY FACILITY OPERATING
COMMITTEE
Its Attorney
Michalik, Bauet, Silvia & Ciccarillo, LLP
35 Pead Street, Suite 300
New Britain, CT 06051
Telephone: (860) 225-8403
Facsimile: (860) 223-4026
MICHALIK, BAUER, SILVIA & CICCARILLO, LLP .
ATTORNEYS AT UW
35 PEABL STREET
'
SUITE 300
.
NEW BBITAIN, CT 06051
. (860) 225-8403
.
FAX:
(860)
223-4026
.
JURIS NO. 423817
,,Ff 'l
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EXHIBIT A
AqBEEMENT
This Agreement made on the 6tq.
.day
of tdav
,
2008, between
the CITY OF ANSOIIIIA, a municipality located in the County of New Haven,
and State of Connecticut, hereinafter called "Ansonia" and the BRISTOL
RESOURCE RECOVERY FACILIW OPERATING COII,IMITTEE, an operatlng
committee authorized by statute, located in the City of Bristol within the County
of Hartford and State of Connecticut, hereinafter called "BRRFOC".
WHEREAS, Ansonia is desirous of disposing acceptable waste generated
within its boundaries at the waste disposal facility operated by BRRFOC In the
City of Bristol, Connecticut.
WHEREAS, BRRFOC is desirous of receiving said waste at said facility
withirr the limits as herelnafter set forth in this Agr:eernent; and
WHEREAS, Ansonia shall deliver the solid waste to the facility ln
appropriate vehicles approved by the BRRFOC.
NOW, THEREFORE, In consideration of the payment of sums as recite{
in this Agreernent and other good and valuable consideratlon, the parties agree
as follows:
1. BRRFOC agrees to accept waste transported by Ansonia to the
Bristol Facllity at said facility within the limits as set forth in this
contract, and agrees to impose the charges and fees as set forth
hereinafter in this contract.
2, For the right to make said disposal Ansonia agrees to pay the
tipping fees to BRRFOC, as set forth and defined in Schedule 1
attached hereto and made a
part hereof.
3. For the purpose of this contract "Acceptable Waste" is defined ln
the Service Agreement between BRRFOC and Covanta Bristol, Inc"
Should the term be modified for any reason, the definition in the
Seruice Agreement shall
prevail,
4, The term of this Agreement shall be a twenty-four
(24)
month
period from Suly 1/ 2008 to, and including June 30, 2010, unless
,
terminated earlier as
provided for hereinafter, Upon the expiration
of the initlal term,
provided that Ansonia is not then in default
hereunder, BRRFOC and Ansonia may extend the term of this
Agreement for two
(2) successive two (2) year terms upon the
terms and conditions as set forth herein. Ansonia shall exercise the
i'. t".c
6.
option for an extended term by notifying BRRF0C ln writing at least
fotty-five (45) days before the then current term expires. Within
fifteen (15) days of receipt of such wrltlng, BRRFOC shall noilfy
Ansonia in wrlting its acceptance or rejection of the request to
extend the term
provided,
however the
parties
to this Agreement
shall enter into a Letter Agreernent confirmirrg or modiffing
Schedule 1 as to the tip fee to be paid to the BRRFOC for the
extended term, which Letter Agreement shall become a part of this
Agreement as if fulty set forth herein.
Ansonia states that its tonnage for the twenty-four rnonth period
July 1, 2008 to June 30, 2010/ being the contract period,
is
estimated at
4t
aoo
.
tons for the terms and lo 5oO tons
annually and Ansbnia agrees to guarantee and to fransport said
tonnage (plus or minus flve (5%) percent) to the Bristol Facllity.
Ansonia estimates its tonnage to vary per
month according to
Schedule 2 attached hereto and made a
paft hereof.
Ansoni6:j69resr:.:at rth-:SOlq
discretion
-
of BRRFOC,'. to bypass.:. its
teceptable:waste.frorn the. Brlstolr Eacillty to a n.alternate dlsposltlon
siter,sf"i1s sole'eost during the ter,m:.sf this:csntract, BRRFOC shall
give
Ansania at least two
(2) weeks notice of its intent at any time
to invoke this clause, in an emergency situation beyond regular
maintenance shut downs, BRRFOC shall not be required to give the
aforesaid notice.
Ansonia wilt insure that. ib haulers will obey the rules and
regulations relating to deliveries of acceptable waste at the facility.
Such rules and regulations are enacted by Covanta Bristol, Inc,
BRRFOC will
provide Ansonia with a copy of said rules and
regulations at the signing of this Agreement. Ansonia shall
cooperate with BRRFOC and Covanta Bristol, Inc, in minimizing
truck traffic at the facility.
Ansonia will license its haulers and
provide
BRRFOC and Covanta
Bristol, Inc. proper information needed to identify haulers acting on
behalf of Ansonia. Haulers will be required to provide identlflcation
that they are delivering Ansonla
garbage.
Ansonia's payments under this contract will be due within thirty
(30)
days of submission of a statement from BRRFOC, BRRFOC will
bill on a monthly basis accordlng to Schedule 3. Within 60 days of
June 30, of each year, BRRFOC wlll provide Ansonia with a
statement reflecting any credits or debits due to.or from BRRFOG
7.
B,
o
r.a
according to Schedule 3 attached hereto and made a part
hereof.
Payments to or from BRRFOC for such credits or debits shall be
paid
within 30 days of the submission of the statement, If
payments
are not made then interest at the rate of t20/o
pet
annurn. shall be'paid,
10. Deliveries by haulers will be pursuant to Hauler Rules & Regulations
established by Covanta Bristol, Inc, and BRRFOC.
11, The BRRFOC agrees that it will exert its best efforts to affect
'
Ansonia becoming a mernber of the Operating Committee,
'L2,
Unacceptable waste shall include the portion of solld
Waste
excluding hazardous waste, but including without limitation,
'explosives,
pathologlcal and biological waste, radioactlve materials,
ashes, foundry sand, sewage sludge (unless processed to
permit
.
incineration); cesspool and other human waste, human remains
and anirnal carcasses, rnarine
Psfu,
motor vehicles, including such
.
major rnotor vehicle parts as automobile transmisslons, rear ends,
springs and fenders, agricultural and farm machinery and.
.
equipment. marine vessels and maJor
parts thereof,
Eny
other large
1"
"
machineror equipment'(including white goods), liquid waste,'or
non-burnable construction materials and/or demolition debris, that
in the
judgment
of the managers of the facility (A) may present a
substantial endangerment to public health or safety, (B) may cause
applicable air
quality or water effluent standards to be violated by
the normal ogieration of the facility, or
(C)
has a reasonable
possibility of adversely affecting the operation of the facillty, unless
such unacceptable waste is delivered in rninimal quantities and
concentrations as
part of normal collections in which case it shall
constitute accePtab le waste,
13. Hazardous waste shall not be acceptable at the facility. Hazardous
waste means that
portion of solid waste which by reason of lts
composition or characteristics is (A) hazardous waste as defined in
the Solid Waste Disposal Act 41 U.S,C. ss6901 elseg' and the
regulations thereunder or ln Section 22A-209-1 of the regulations
of Connecticut State Agencles, and any succeeding legislation or
regulations or amendmenb to the foregoing, (B) materlal which a
governmental agency or unit having appropriate
jurlsdiction
shall
determine from time to time is harmful, toxic or dangerous, or
.
otherwlse ineligible for dlsposal through
.the
facility, of (C) a
material which would result in
process residue belng hazardous
waste under
(A) or (ts) above.
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L4, For purposes
of this Agreement, the word ton shall mean
"shoft
ton" of 2,000 pounds
avolrdupois
15. This Agreement shall terminate when Ansonia , becomes a full
mernber of the BRRFoC.
IN WITNESS WHEREOF, the parties
have hereunto set their hands this
_h,(t*
day of
MAJ,
. ._,
Z0OB.
CITY OF ANSONIA
I
BRISTOL.RESOURCE
an S, Bilmes
scHEpuLF_1-
#Tons During 12 Month Period
That Ansonfa Brings Residential
Waste to Covanta Bristol Facillty
Or to Alternate Disposal Slte on
Behalf of BRRFOC
4,680 or more
From 3,376 to 4,679
From 2,151 to 3,375
From 1,001to 21150
From 0 to 1,000 Tons
DEFINITIONS
rlPPIN,$ FEE/roN
$s7.00.
$ss.o0
$s3,oo
$51,00
$4e,00
"Calendar
Week means a Monday through the immedlately following Sunday.
"Residential
Waste" means the MSW handled through the City of Ansonia's
transfer station on North Division Street and transpofted on transfer trailers to
Covanta Bristol, Inc. Ansonia agrees that, with 48 hours notice prior to the staft
of the Calendar Week, Ansonia will provide at least 170 tons of Residential Waste
during the Calendar Week,'
MoNItl
July,2008
August,2008
September,2008
October, 2008
Novemberr 2008
December,2008
January 2009
February, 2009
March, 2009
Aprll, 2009
May,2009
June,2009
SCHEDULE 2
ANSONTA',S REsIqF,$rJ4f, WAsrF
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sctfEpulE 3
During the initial term of this Agreement, BRRFOC wlll bill Ansonla at the rate of
$53.00/ton,
Within 60 days of June 30 of each
year, a statement will be issued
surnmarizing the number of Tons of Residential Waste that Ansonia has dellvered
and the credit or debit due the BRRFOC.
ExaFple 1:
Ansonia delivers 2,000 tons annually. According to Schedule I, the tipping fee
would be
$51/ton.
But BRRFOC will have bitled Ansonia
$53/ton
during the
year.
BRRFOC would owe Ansonia
($53 -$51) x 2,000=
$4,000'
EXEfnple
2:
Ansonia delivers 6,000 tons annually. According to Schedule 1, the tipping fee
would be
$57ton.
,
But BRRFOC bitled
$53/ton
during the
year.
Ansonia would
owe BRRFOC ($57 -
$53)
x 6,000
= $24,000.
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