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<br />SOLID WASTE COLLECTION FRANCHISE AGREEMENT
<br />
<br />THIS AGREEMENT (the "Agreement") entered into as of the 1st day of July, 1993,
<br />(the "Effective Date") by and between the County of Cabarrus, North Carolina,
<br />(hereinafter referred to as the "County"), and Browning-Ferris Industries of
<br />South Atlantic, Inc. (hereinafter referred to as "BFI").
<br />
<br />WHEREAS, the County wishes to provide solid waste collection services to its
<br />citizens; and
<br />
<br />WHEREAS, BFI desires to provide such solid waste collection services; and
<br />
<br />WHEREAS, at the November 6, 1992 meeting of the Cabarrus County Board of
<br />Commissioners ("Board"), the Board adopted a resolution granting to BFI the
<br />exclusive franchise and right to pick up, collect, transport and dispose of non-
<br />hazardous solid waste from residences within the limits of the unincorporated
<br />portions of Cabarrus County; and
<br />
<br />WHEREAS, the parties hereto desire to set forth the rights and obligations of the
<br />parties in this Agreement.
<br />
<br />NOW, THEREFORE, in consideration of the promises, the mutual premises and the sum
<br />of Ten Dollars ($10.00) and other good and valuable consideration, the parties
<br />hereto hereby agree as follows:
<br />
<br />Definitions.
<br />1.1 Bulky Waste - Large items of solid waste such as furniture, large
<br /> auto parts, trees, branches, stumps, stoves, refrigerators, water
<br /> tanks, washing machines and other oversized wastes whose large size
<br /> precludes or complicates their handling by normal solid waste
<br /> collection, processing or disposal methods.
<br />1.2 Construction Debris Waste building materials resulting from
<br /> construction, remodeling, repair or demolition operations.
<br />1.3 County - Ail area within the boundaries of Cabarrus County not
<br /> within the corporate limits of Concord, Harrisburg, Kannapolis, or
<br /> Mt. Pleasant, North Carolina.
<br />1.4 Dead Animals - Animals or portions thereof equal to or greater than
<br /> 10 lbs. in weight that have expired from any cause, except those
<br /> slaughtered or killed for human use.
<br />1.5 Garbage - Ail putrescible household waste, but in all cases
<br /> excluding any matter included in the definition of Bulky Waste,
<br /> Construction Debris, Dead Animals, Hazardous Waste, or Rubbish.
<br />1.6 Hazardous Waste Waste, in any amount, which is defined,
<br /> characterized or designated as hazardous by the United States
<br /> Environmental Protection Agency or appropriate State agency by or
<br /> pursuant to Federal or State law, or waste, in any amount, which is
<br /> regulated under Federal or State law, as well as all wastes defined
<br /> as "Hazardous Waste" in the Ordinance. For purposes of this
<br /> Agreement, the term Hazardous Waste shall also include motor oil,
<br /> gasoline, paint and paint cans.
<br /> Ordinance - That certain Ordinance for the management and flow
<br /> control of solid waste adopted by the Board on June 15, 1992.
<br /> Producer An occupant of a Residential Unit who generates Refuse.
<br /> Refuse - Ail Garbage generated by a Producer at a Residential Unit.
<br /> Residential Unit - A dwelling within the boundaries of the County
<br /> which is occupied by a person or group of persons comprising not
<br /> more than four (4) families. A condominium dwelling, whether of
<br /> single or multi-level construction, consisting of four or less
<br /> contiguous or separate single-family dwelling units, shall be
<br /> treated as a Residential Unit, except that each single-family
<br /> dwelling within any such Residential Unit shall be counted
<br /> separately as a Residential Unit.
<br /> Rubbish -Ail waste wood, wood products, tree trimmings, grass
<br /> cuttings, dead plants, weeds, leaves, dead trees or branches
<br /> thereof, chips, shavings, sawdust, printed matter, paper,
<br /> pasteboard, rags, straw, used and discarded mattresses, used and
<br /> discarded clothing, used and discarded shoes and boots, combustible
<br /> waste pulp and other products such as are used for packaging or
<br /> wrapping crockery and glass, ashes, cinders, floor sweepings, glass,
<br />
<br />1.7
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<br />1.8
<br />1.9
<br />1.10
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<br />1.11
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