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<br />Ordinance No. 1999-05
<br />
<br />CONSTRUCTION AND DEMOLITION DEBRIS LA/qDFILL
<br />ORDINANCE A/qD FPQ%NCHISE AGREEMENT
<br />
<br /> THIS AGREEMENT, made and entered into this day of , 1999, by
<br />and between Cabarrus County, North Carolina by and through its Board of
<br />County Commissioners (hereinafter the "County"), and HIGHWAY 49 C & D
<br />LANDFILL, LLC (hereinafter "LLC") .
<br /> WHEREAS, pursuant to applicable North Carolina law, the County is duly
<br />authorized to grant franchises for the disposal of construction and
<br />demolition debris within the unincorporated portions of Cabarrus County,
<br />North Carolina; and
<br /> WHEREAS, granting a construction and demolition debris landfill
<br />franchise to LLC is consistent with the best interest of the public; and
<br /> WHEREAS, LLC has presented satisfactory evidence to the County that LLC
<br />possesses adequate physical and financial resources with which to provide
<br />such disposal service pursuant to state, federal and local rules,
<br />regulations, laws and ordinances.
<br /> NOW, THEREFORE, in consideration of the promises and mutual covenants
<br />herein contained, the County and LLC do hereby agree as follows:
<br />
<br />SECTION 1 - DEFINITIONS
<br /> For the purpose of this Agreement, the definitions contained in this
<br />section shall apply unless otherwise specifically stated. When not
<br />inconsistent with the context, words used in the present tense include the
<br />future, words in plural numbers include the singular, and words in the
<br />singular number include plural. The word "shall" is always mandatory and not
<br />merely directory.
<br /> 1.1 Board Shall mean the Board of County Commissioners of Cabarrus
<br />County, North Carolina.
<br /> 1.2 Container Shall mean an appropriate container for the storage of
<br />refuse and solid waste for collection and shall include, but not be limited
<br />to, bins which are usually lifted or loaded mechanically by trucks. 1.3 County Shall mean Cabarrus County, North Carolina.
<br /> 1.4 Disposal Site or Disposal Facility- Shall mean that facility
<br />constructed and operated by LLC for the properly permitted and licensed
<br />disposal of construction and demolition debris.
<br /> 1.5 Hazardous Waste - Shall mean materials or combinations of materials
<br />that require special management techniques because of their acute and/or
<br />chronic effects on air and water quality; or fish, wildlife, or other biota;
<br />and on the health and welfare of the public. These materials include, but
<br />are not limited to, volatile chemicals, biological materials, explosives,
<br />flammable, radioactive, and toxic materials.
<br /> 1.6 Landfill Shall mean that facility receiving construction and
<br />demolition debris for final disposal located at Speedrail Industrial Park in
<br />Cabarrus County, North Carolina.
<br />
<br />SECTION 2 - NONEXCLUSIVE FRANCHISE
<br /> 2.1 Pursuant to this Agreement; by adoption of the ordinance granting
<br />the franchises herein described and approving this Agreement; pursuant to the
<br />authority granted by N.C.G.S. 160A, Article 20, N.C.G.S. 153A-46 and 153A-
<br />136, N.C.G.S. 160A, Article 16, N.C.G.S. 130A, Article 11, and all other
<br />applicable state and local laws and ordinances; This Agreement grants to and
<br />confers upon LLC a nonexctusive right and franchise to establish, own and
<br />operate within the unincorporated areas of the County a construction and
<br />demolition debris landfill and resource recovery facility.
<br /> The grant of these rights is subject to the condition that, in addition
<br />to all other applicable laws, rules and regulations, LLC must at all times
<br />comply with all requirements of the Agreement and all requirements and
<br />conditions of any federal state or local law, regulation, rule or ordinance,
<br />including without limitation, the County Zoning Ordinance and Conditional Use
<br />Permit 222(c) or its replacement or successor.
<br /> 2.2 LLC shall provide, directly or through subcontractors, all labor,
<br />materials, equipment, skills, tools, machinery, supervision, facilities, and
<br />other services or material in order to provide for the disposal of
<br />construction and demolition debris in accordance with this Agreement. LLC
<br />shall pay, at its sole expense, all costs, expenses, license fees, and other
<br />fees, costs and charges of any kind or nature required to provide
<br />construction and demolition debris disposal services.
<br /> 2.3 The relationship between the parties shall be limited to
<br />performance of this Agreement solely in accordance with its terms. No party
<br />shall have any responsibility whatsoever with respect to services provided or
<br />contractual obligations assumed by the other party and nothing in this
<br />Agreement shall be deemed to constitute either party a partner, agent, or
<br />
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