BC 1992 01 06 - Laserfiche WebLink

Home Browse Search

425 of the County relating to the incurrence of Indebtedness, provided that the Municipality shall not deliver hazardous waste (as defined by North Carolina General Statutes), to the County's Solid Waste Management Facilities or other waste that such Solid Waste Management Facilities are not permitted to receive. The Municipality shall not undertake any Solid Waste Management activities, directly or indirectly, except for such Solid Waste Management activities as exist as of the date hereof or as provided in this Agreement or as approved by the County, or as approved by the Department pursuant to the Solid Waste Management Plan. (d) For each of the fiscal years indicated below, the Municipality shall pay to the County the following per ton tipping fees; Date hereof through June 30, 1992 $25.00/ton provided, however, if the Countywide User Fee system, as set forth in paragraph 3(e), is implemented prior to July 1, 1992, it shall supersede the Municipality's responsibility to pay the per ton tipping fees to the County, as set forth in this subparagraph (d). (e) Beginning not later than July 1, 1992, the Municipality shall pay the user fees established pursuant to subparagraph 3(e) above for the management, collection, transportation, storage and disposal of said solid waste. Any adjustments in the user fee schedule granted to any municipality after the execution of this Agreement shall also apply to this Agreement. 5. Personnel. Each party shall appoint the necessary personnel for performing its obligations under this Agreement. 6. Financing. The financing for the preparation of the Solid Waste Management Plan, and the application for all permits necessary to the construction, acquisition and operation of the proposed Solid Waste Management Facilities shall be the responsibility of the County. Solid Waste Management Facilities and solid waste management shall be paid from rates, fees, and charges established by the County and in part by revenues of the Facilities. 7. Property. There will be no joint ownership of real property pursuant to this Agreement, except as may be established by an amendment to this Agreement pursuant to Paragraph 8 herein. 8. Amendment. This Agreement may be amended only by a written document duly executed by the parties hereto. 9. Entire Agreement. This instrument contains the entire Agreement between the parties, and no statement, oral or written, made by either party or agent of either party that is not contained in this written Agreement shall be valid or binding. 10. Remedies. (a) This Agreement shall be enforceable by each party hereto by all remedies available at law or in equity, including but not limited to specific performance. Failure or delay to exercise any right, remedy or privilege hereunder shall not operate as a waiver of such right, remedy or privilege nor prevent subsequent enforcement thereof. (b) Failure of the County to obtain State approval of the Solid Waste Management Plan and designation of the geographic area pursuant to N.C. Gen. Stat. 130A-294, renders this Agreement null and void. (c) Between the parties hereto, if any conflicts or inconsistencies exist between this Agreement and the Solid Waste Management Plan, and the Solid Waste Ordinance, the provisions of this Agreement shall control. 11. DuPlicate Originals. This Agreement s~all be executed by the parties hereto in duplicate originals, each of which, when executed, shall constitute one and the same Agreement. 12. Governing Law. This Agreement shall be governed in accordance with the law of the State of North Carolina. ATTEST: Clerk to the Board CABARRUS COUNTY By: Chairman Board of Commissioners CITY OF KANNAPOLIS ATTEST: Mayor Town Clerk