AG 2002 08 19 (Regular) - Laserfiche WebLink

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SECTION 2 - EXCLUSIVE FRANCHISE 2.1 Pursuant to this Agreement; by adoption of the ordinance granting the franchises herein described and approving this Agreement; pursuant to the authority granted by N.C.G.S. 160A, Article 20, N.C.G.S. 153A-46 and 153A-136, N.C.G.S. 160A, Article 16, N.C.G.S. 130A, Article 1 l, and all other applicable state and local law and ordinances; pursuant to the interlocal agreement between the County and the City; and pursuant to the interlocal agreements between the County and the Towns; this Agreement is entered for the purposes of promoting the health and welfare of the citizens of Cabarrus County, the City, and the Towns, and is a long term contract for the collection and disposal of municipal solid waste as more particularly described below. This Agreement grants to and confers upon the Collector the following rights and privileges: A. The long term contract, and the exclusive right and franchise, to collect solid waste from all residential units in the unincorporated areas of the County, except as otherwise provided herein or by applicable law; B. The long term contract, and the exclusive right and franchise, to establish,, own, or operate within the unincorporated areas of the County municipal solid waste management facilities, Disposal Sites, and Disposal Facilities, including sanitary landfills, transfer stations, Citizen Drop-Off Facilities, and resource recovery facilities, but excluding citizen drop off facilities owned by the County and facilities dedicated to the disposal of construction and demolition debris or yard waste, and excluding facilities for recycling so long as no more than twenty percent (20%) of the materials accepted at such facilities are waste or residue which cannot be recycled; C. The long term contract, and the exclusive right and franchise, to serve as the exclusive municipal solid waste management facility for the County, to the fullest extent allowed by law, and the exclusive right and franchise to be designated as Ihe exclusive municipal solid waste management facility for the disposal of all municipal solid waste generated from within the County, ' entitled to receive for disposal all such municipal solid waste to the extent the County can control its disposal, whether by ordinance, contract, or otherwise. D. The long term contract, and the exclusive right and franchise, to serve as the exclusive municipal solid waste management facility for the City and each of the Towns, to the fullest extent allowed by law, and the exclusive right and franchise to be designated 'as the exclusive municipal solid waste management facility for the disposal of all municipal solid waste generated from within the City and each Town, entitled to receive for disposal all such residential municipal solid waste to the extent the County can control its disposal, whether by ordinance, contract, or otherwise. 4