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420
<br />
<br /> 10. Remedies.
<br /> (a) This Agreement shall be enforceable by each party hereto by all
<br />remedies available at law or in equity, including but not limited to specific
<br />performance. Failure or delay to exercise any right, remedy or privilege
<br />hereunder shall not operate as a waiver of such right, remedy or privilege nor
<br />prevent subsequent enforcement thereof.
<br /> (b) Failure of the County to obtain State approval of the Solid
<br />Waste Management Plan and designation of the geographic area pursuant to N.C.
<br />Gen. Stat. 130A-294, renders this Agreement null and void.
<br /> (c) Between the parties hereto, if any conflicts or inconsistencies
<br />exist between this Agreement and the Solid Waste Management Plan, and the Solid
<br />Waste Ordinance, the provisions of this Agreement shall control.
<br /> 11. Duplicate Originals. This Agreement shall be executed by the parties
<br />hereto in duplicate originals, each of which, when executed, shall constitute
<br />one and the same Agreement.
<br /> 12. Governing Law. This Agreement shall be governed in accordance with the
<br />law of the State of North Carolina.
<br />
<br />ATTEST:
<br />
<br />Clerk to the Board
<br />
<br />CABAJlRUS COUNTY
<br />By:
<br />
<br />Chairman
<br />Board of Commissioners
<br />
<br />TOWN OF HARRISBURG
<br />
<br />ATTEST:
<br />
<br />Mayor
<br />
<br />Town Clerk
<br />
<br /> UPON MOTION of Commissioner Simmons, seconded by Commissioner Barnhart and
<br />unanimously carried, the Board approved the following "Interlocal Agreement Solid
<br />Waste Management" agreement with the Town of Mt. Pleasant subject to approval
<br />of a similar agreement by the City of Kannapolis.
<br />
<br />NORTH CAROLINA
<br />
<br />CABARRUS COUNTY
<br />
<br />INTERLOCAL AGREEMENT
<br />SOLID WASTE MANAGEMENT
<br />
<br /> THIS AGREEMENT, made and entered into this __ day of , 1991,
<br />by and between Cabarrus County, a body politic and corporate in the State of
<br />North Carolina (the "County"), and the Town of Mt. Pleasant, a municipal
<br />corporation having a charter granted by the State of North Carolina (the
<br />"Municipality" );
<br /> W I TN E S S E T H:
<br /> WHEREAS, the County is authorized by N.C. Gen. Stat. 153A, Article 15, and
<br />the Municipality is authorized by N.C. Gen. Stat. 160A, Article 16, to establish
<br />and contract for the operation of public enterprises in order to furnish services
<br />to the public, and the County and the Municipality are also authorized by N.C.
<br />Gen. Stat. 160A, Article 20, to enter into contracts or agreements with each
<br />other to execute any undertaking involving the joint exercise or the exercise
<br />by one for the other of any power, function, public enterprise, right, privilege
<br />or immunity of local government;
<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 />
<br />
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