Orange County NC Website
costs of providing for current and future operations of the solid waste management enterprise. <br />The Parties agree that the County, as part of its responsibility for solid waste management, must <br />retain broad flexibility to implement and adjust rates, fees and other charges, as provided below, <br />in order to generate sufficient resources through the System to carry out the requirements of the <br />Solid Waste Management Plan and Policies. The Parties agree that the County is ultimately <br />responsible for balancing the available resources and the demands. on the System, and that the <br />County must therefore have sufficient authority to adjust either the resources or the System <br />demands, or both, to achieve the balance. Part 1 of this Agreement provides for the County's <br />authority over the Solid Waste Management Plan and Policies. This Part 4 provides for the <br />County's authority over the available resources. <br />System will be operated as an enterprise fund The County will segregate for <br />accounting purposes all the System's accounts, moneys and investments. The County will <br />provide for the System's assets, liabilities and results of operations to be presented in the <br />County's annual audit as a separate enterprise fund, in accordance with generally accepted <br />accounting principles. The County will annually adopt a separate budget for the System in <br />accordance with the County's usual budgetary process. The County will keep accurate records <br />and accounts of all items of costs and of all expenditures relating to the System, and of the <br />System Revenues collected and the application of System Revenues. Such records and accounts <br />will be open to any Party's inspection at any reasonable time upon reasonable notice. <br />System will be operated on a self - supporting basis. The County will establish and <br />maintain a system of rates, fees and charges for the use of, and for the services provided by, the <br />System which is reasonably designed to pay in full all the costs (and only the costs) of carrying <br />out the County's responsibilities under this Agreement and the Solid Waste Management Plan <br />and Policies, including, without limitation, (1) costs of disposing of Solid Waste, (2) costs of <br />collecting, processing and disposing of Recyclables, (3) to the extent permitted by law, costs of <br />providing public benefits determined to be provided pursuant to Part 6, and (4) costs of solid <br />waste reduction activities. Subject only to the - specific limitations set forth in this Agreement, <br />the County may revise any rates, fees and charges at any time and as often as it shall deem <br />appropriate. <br />Limitations on Material Financial Changes. Notwithstanding any other provision of <br />this Agreement, the County shall not put into effect any Material Financial Change unless the <br />County first obtains the consent of all Parties. It will be each Town's obligation to determine <br />whether any change or proposed change to the Solid Waste Management Plan and Policies is a <br />Material Financial .Change with respect to such Town within ten Business Days of receiving <br />notice of the change or proposed change, and to notify the County within five additional <br />Business Days if the Town determines that such change or proposed change is a Material. <br />Financial Change. The provisions of this paragraph are independent of the further provisions of <br />this Part 4 concerning rates, fees and charges. <br />Mixed Solid Waste Tipping Fee. (1) The County may increase the Mixed Solid <br />Waste Tipping Fee from time to time in its discretion with at least 30 days' notice of the increase <br />to all other Parties. The County may not, however, increase the Mixed Solid Waste Tipping Fee <br />during or at the beginning of any Fiscal Year to a fee that exceeds the Mixed Solid Waste <br />Tipping Fee in effect at the end of the preceding Fiscal Year by more than 10 %, without the prior <br />Draft of June 1, 1999 4 <br />