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<br /> 12. Governing Law. This Agreement shall be governed in accordance with the
<br />law of the State of North Carolina.
<br /> CABARRUS COUNTY
<br />
<br />ATTEST:
<br />
<br />Clerk to the Board
<br />
<br />ATTEST:
<br />
<br />By:
<br />
<br />Chairman
<br />Board of Commissioners
<br />TOWN OF MT. PLEASANT
<br />
<br />Town Clerk
<br />
<br />Mayor
<br />
<br /> UPON MOTION of Commissioner Simmons, seconded by Commissioner Barnhart and
<br />unanimously carried, the Board authorized the Chairman to execute the following
<br />"Interlocal Agreement Solid Waste Management" agreement with the City of
<br />Kannapolis subject to approval by the Kannapolis City Council.
<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 ,
<br />1992, by and between Cabarrus County, a body politic and corporate in the State
<br />of North Carolina (the "County"), and the City of Kannapolis, a municipal
<br />corporation having a charter granted by the State of North Carolina (the
<br />"Municipality");
<br /> W I T N 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 />revenues of the Solid Waste Management Facilities, including, without limitation,
<br />rates, fees and charges for Solid Waste Management as provided herein, as well
<br />as other available funds;
<br /> NOW, THEREFORE, in consideration of the terms, conditions, and covenants
<br />expressed herein, the parties agree as follows:
<br /> 1. Definitions.
<br /> (A) Solid Waste: "Solid Waste" shall be as defined in Chapter
<br />130A, Article 9 of the North Carolina General Statutes, including any future
<br />amendments thereto, provided that the County shall not be obligated to receive
<br />solid waste unless the receipt of such'waste is permitted by the State of North
<br />Carolina and the Cabarrus County Solid Waste Ordinance.
<br /> 2. Duration. This Agreement shall be effective when executed in duplicate
<br />counterparts and delivered to the respective parties and shall continue in full
<br />force and effect for a period of thirty (30) years from the date of this
<br />Agreement.
<br />
<br />
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