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112 <br /> <br /> The Board of Commissioners for the County of Cabarrus met in recessed <br />session in the Multi-Purpose Room at the Cabarrus County Governmental Center in <br />Concord, North Carolina on Friday, November 6, 1992, at 9:00 A.M. <br /> <br />Present - Chairman: Carolyn B. Carpenter <br /> Commissioners: William G. Hamby, Jr. <br /> Jeffrey L. Barnhart <br /> Kenneth F. Payne <br /> Billy J. Simmons, Jr. <br /> <br /> Also present were Mrs. Sue Casper, Commissioner-Elect; Mr. Arne Fennel, <br />Commissioner-Elect; Mr. John V. Witherspoon, County Manager; Mr. Fletcher L. <br />Hartsell, Jr., County Attorney; Mrs. Frankie F. Bonds, Clerk to the Board; Mr. <br />Don Moorhead, Personnel Officer; and Mr. John Day, Budget Officer. <br /> <br />Commissioner Simmons was absent for the beginning of the meeting. <br /> <br />Chairman Carpenter called the meeting to order at 9:00 A.M. <br /> <br />Bid Award o Residential Solid Waste Collection <br /> <br /> The Board briefly reviewed the residential solid waste collection bids and <br />the request by Container Corporation of Carolina (CCC) for an extension of the <br />current franchise as presented to the Board on November 2. Mr. Hartsell and Dr. <br />William F. Pilkington, Health Director, proposed that the Board extend the <br />current franchise period until June 30, 1993 and award the bid for residential <br />solid waste collection to the low bidder, Browning-Ferris Industries (BFI), <br />effective July 1, 1993. Also, Mr. Hartsell reported that CCC had agreed to a <br />comprehensive release agreement and that BFI had agreed to delaying the initial <br />date of the three-year residential solid waste franchise until July 1, 1993. <br /> <br /> Mr. John Speagle, representative of BFI, stated that the company was <br />looking forward to providing residential solid waste collection service <br />throughout the county. <br /> <br /> UPON MOTION of Commissioner Hamby, seconded by Commissioner Barnhart with <br />Commissioners Hamby, Barnhart and Payne and Chairman Carpenter voting for, the <br />Board authorized Chairman Carpenter to sign the following "Agreement and Release" <br />with Container Corporation of Carolina (CCC) upon the signing of that document <br />by CCC officials. <br /> <br />STATE OF NORTH CAROLINA, <br />COUNTY OF CABARRUS. <br /> <br />AGREEMENT AND RELEASE <br /> <br /> THIS AGREEMENT AND RELEASE, entered into this the 6th day of <br />November, 1992, by and between Cabarrus County, North Carolina <br />(hereafter "County" ) and Container Corporation of Carolina <br />(hereafter "CCC") <br /> W I TN E S SETH: <br /> THAT, WHEREAS CCC and its predecessor in interest have for <br />approximately the past twenty years held a franchise from the County <br />to collect residential solid wastes in a portion of the County; and <br /> WHEREAS, the County's Ordinance for the Management and Flow <br />Gontrol of Solid Waste, ratified June 15, 1992 (hereinafter <br />"Ordinance"), provides that the County has the power to require <br />residential solid waste collectors to hold a franchise from the <br />Gounty in order to collect solid waste, and grants the County broad <br />authority to set the terms and conditions of such franchise within <br />the specific requirements of the Ordinance; and <br /> WHEREAS, during 1992 the County determined that it was in the <br />best interests of the citizens of the County that a sole solid waste <br />franchise be awarded for the entire County, and thereupon proceeded <br />according to law to advertise for and receive bids for such <br />franchise, to commence January 1, 1993, and <br /> WHEREAS, Browning-Ferris Industries of South Atlantic, Inc. <br />(hereafter "BFI") was the low bidder for such franchise, and its bid <br />in all respects complies with law and all applicable requirements; <br />and <br /> <br /> <br />