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418
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<br /> WHEREAS, the Municipality and County intend to be included in a Designated
<br />Geographic Area pursuant to N.C. Gen. Stat. 130A-294 as described in Section 3
<br />below, and within which Designated Geographic Area, the collection,
<br />transportation, storage, separation, treatment, processing, recycling, recovery,
<br />composting and disposal of all solid waste ("Solid Waste Management") shall be
<br />accomplished in accordance with a solid waste management plan approved by the
<br />N.C. Department of Human Resources, Division of Health Services, pursuant to N.C.
<br />Gen. Stat. 130A-294;
<br /> WHEREAS, the County now operates and provides a landfill for solid waste
<br />and may determine to provide for the construction and operation of other or
<br />additional Solid Waste Management facilities in the future, all such additional
<br />Solid Waste Management facilities being herein collectively called the "Solid
<br />Waste Management Facilities");
<br /> WHEREAS, the County proposes to provide for the financing of the Solid
<br />Waste Management Facilities through the issuance of bonds or the incurrence of
<br />other obligations (collectively, "Indebtedness") payable solely or in part from
<br />revenues of the Solid Waste Management Facilities, including, without limitation,
<br />rates, fees and charges for Solid Waste Management as provided herein, as well
<br />as other available funds;
<br /> NOW, THEREFORE, in consideration of the terms, conditions, and covenants
<br />expressed herein, the parties agree as follows:
<br /> 1. Definitions.
<br /> (A) Solid Waste: "Solid Waste" shall be as defined in Chapter 130A,
<br />Article 9 of the North Carolina General Statutes, including any future amendments
<br />thereto, provided that the County shall not be obligated to receive solid waste
<br />unless the receipt of such waste is permitted by the State of North Carolina and
<br />the Cabarrus County Solid Waste Ordinance.
<br /> 2. Duration. This Agreement shall be effective when executed in duplicate
<br />counterparts and delivered to the respective parties and shall continue in full
<br />force and effect for a period of thirty (30) years from the date of this
<br />Agreement.
<br /> 3. Responsibilities of County.
<br /> (a) The County shall prepare and cause to be delivered to the N.
<br />C. Department of Human Resources, Division of Health Services (the "Department"),
<br />a solid waste management plan relating to the collection, transportation, storage
<br />and disposal of solid waste which the County is permitted by the State of North
<br />Carolina to dispose of pursuant to N. C. Gen. Stat. 130A, Art. 9, (the "Solid
<br />Waste Management Plan"). The County shall request and obtain the Department's
<br />approval of the Solid Waste Management Plan and the designation of a geographic
<br />area, pursuant to N.C. Gen. Stat. 130A-294, including the unincorporated areas
<br />of the County, within which the collection, transportation, storage and disposal
<br />of all solid waste generated within said area shall be accomplished in accordance
<br />with the Solid Waste Management Plan (the "Designated Geographic Area").
<br /> (b) The County shall receive and dispose of solid waste from the
<br />Municipality in accordance with the terms of this Agreement, the Solid Waste
<br />Ordinance, all applicable Federal and State of North Carolina requirements and
<br />all applicable requirements of any order or resolution of the County relating
<br />to the authorization or issuance of bonds of the County for the purpose of
<br />providing funds for Solid Waste Management in the Designated Geographic Area.
<br /> (c) The County shall, whenever reasonably possible, schedule hours
<br />and days for receiving solid waste consistent with and compatible with the
<br />Municipality's normal collection and delivery schedule. The County shall make
<br />every reasonable effort, in good faith, to meet the needs of the Municipality
<br />with regard to disposal schedules. Whenever possible, the County shall provide
<br />to the Municipality thirty (30) days written notice of any changes in operations
<br />or schedules at the Solid Waste Management Facilities.
<br /> (d) The County shall adopt a Solid Waste Ordinance which will
<br /> require that all acceptable solid waste generated within the Designated
<br /> Geographic Area that is placed in the waste stream for disposal be subject to
<br /> Solid Waste Management in an authorized and available Solid Waste Management
<br /> Facility serving such Designated Geographic Area.
<br /> (e) On or before July 1, 1992, the County shall establish and
<br /> implement a Countywide system of rates, fees and charges ("User Fees") to be paid
<br /> by all entities that generate solid waste in the County for Solid Waste
<br /> Management. The Municipality neither agrees nor shall it be obligated to apply
<br /> any monies derived from the exercise of its taxing power to the payment of such
<br /> user fees. User fees may vary according to classifications (e.g., residential,
<br /> commercial, institutional, industrial, etc.) but shall be assessed on a uniform
<br /> basis within each such classification. User Fees shall be established so that
<br /> the total amount collected by or on behalf of the County from user fees, when
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