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<br />as a part of the Designated Geographic Area, pursuant to N.C. Gen. Stat. 130A-
<br />294, and the Municipality shall execute such documents as may be necessary in
<br />connection therewith.
<br /> (b) The Municipality shall adopt the County's Solid Waste Ordinance
<br />and permit it to be applicable within the corporate limits of the Municipality
<br />and shall enforce the provisions of the Solid Waste Ordinance, pursuant to the
<br />provisions of N.C. Gen. Stat. 153A-122; provided, however, that the Municipality
<br />may choose to enforce its current Solid Waste Ordinance upon approval by the
<br />Department. Sections VIII, IX, X and XI of the County's Solid Waste Ordinance,
<br />if adopted by the Municipality, shall not be applicable to municipal solid waste
<br />collection and transportation.
<br /> (c) The Municipality shall cause to be delivered to Solid Waste
<br />Management Facilities, as designated by the County, all of the solid waste
<br />generated within its corporate limits and under its control pursuant to statutory
<br />authority or encompassed under its municipal collection program, in accordance
<br />with the terms of this Agreement, all applicable Federal and State of North
<br />Carolina requirements and all applicable requirements of any order or resolution
<br />of the County relating to the incurrence of Indebtedness, provided that the
<br />Municipality shall not deliver hazardous waste (as defined by North Carolina
<br />General Statutes), to the County's Solid Waste Management Facilities or other
<br />waste that such Solid Waste Management Facilities are not permitted to receive.
<br />The Municipality shall not undertake any Solid Waste Management activities,
<br />directly or indirectly, except for such Solid Waste Management activities as
<br />exist as of the date hereof or as provided in this Agreement or as approved by
<br />the County, or as approved by the Department pursuant to the Solid Waste
<br />Management Plan.
<br /> (d) For each of the fiscal years indicated below, the Municipality
<br />shall pay to the County the following per ton tipping fees;
<br /> Date hereof through June 30, 1992 $25.00/ton
<br />provided, however, if the Countywide User Fee system, as set forth in paragraph
<br />3(e), is implemented prior to July 1, 1992, it shall supersede the Municipality's
<br />responsibility to pay the per ton tipping fees to the County, as set forth in
<br />this subparagraph (d).
<br /> (e) Beginning not later than July 1, 1992, the Municipality shall
<br />pay the user fees established pursuant to subparagraph 3(e) above for the
<br />management, collection, transportation, storage and disposal of said solid waste.
<br />Any adjustments in the user fee schedule granted to any municipality after the
<br />execution of this Agreement shall also apply to this Agreement.
<br /> 5. Personnel. Each party shall appoint the necessary personnel for
<br />performing its obligations under this Agreement.
<br /> 6. Financing. The financing for the preparation of the Solid Waste
<br />Management Plan, and the application for all permits necessary to the
<br />construction, acquisition and operation of the proposed Solid Waste Management
<br />Facilities shall be the responsibility of the County. Solid Waste Management
<br />Facilities and solid waste management shall be paid from rates, fees, and charges
<br />established by the County and in part by revenues of the Facilities.
<br /> 7. Property. There will be no joint ownership of real property pursuant
<br />to this Agreement, except as may be established by an amendment to this Agreement
<br />pursuant to Paragraph 8 herein.
<br /> 8. Amendment. This Agreement may be amended only by a written document
<br />duly executed by the parties hereto.
<br /> 9. Entire Agreement. This instrument contains the entire Agreement
<br />between the parties, and no statement, oral or written, made by either party or
<br />agent of either party that is not contained in this written Agreement shall be
<br />valid or binding.
<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.
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