Orange County NC Website
consent of all the other Parties. Further, the Parties intend and agree that the County shall <br />endeavor to adjust the Mixed Solid Waste Tipping Fee only annually, with changes becoming <br />effective only at the beginning of a Fiscal Year. <br />(2) The County may decrease the Mixed Solid Waste Tipping Fee from time to time <br />in its discretion, without prior notice to or action by any other Party. The County will promptly <br />notify the other Parties of any decrease in the Mixed Solid Waste Tipping Fee. <br />Governmental Fees. (1) If the County determines that it is or may be advisable to <br />create and impose any Governmental Fee, then the County will give at least 30 days' notice of <br />the proposed Governmental Fee to the other Parties. A Governmental Fee may then be imposed <br />only if the creation and imposition of such Governmental Fee is subsequently approved by the <br />County and at least two other Parties (except that approval by the County and any other single <br />Party will be required at any time there are less than four Parties to this Agreement). A new <br />Governmental Fee will take effect at the end of the notice period or, if later, the date of the last <br />Governing Body approval necessary for it to take effect. <br />(2) The County may increase any individual Governmental Fee from time to time in <br />its discretion with at least 30 days' notice of the increase to all other Parties. The County may <br />not, however, increase any individual Governmental Fee during or at the beginning of any Fiscal <br />Year to a fee that exceeds the fee in effect at the end of the preceding_ Fiscal Year by more than <br />10% without the prior consent of all the other Parties. The Parties intend and agree that the <br />County shall endeavor to adjust any and all Governmental Fees only annually, with changes <br />becoming effective only at the beginning of a Fiscal Year. <br />(3) The County may decrease any Governmental Fee from time to time in its <br />discretion, without prior notice to or action by any other Party. The County will promptly notify <br />the other Parties of any decrease in any Governmental Fee. <br />Other fees. (1) This section applies to rates, fees or charges that the County may <br />create or change, other than the Mixed. Solid Waste Tipping Fee and Governmental Fees. This <br />section would apply to any County proposal to create, increase or decrease an availability fee. <br />This section does not apply to any proposal to impose or change any special district tax related to <br />the System; instead, the generally applicable law shall govern any such proposal. The Parties <br />note that North Carolina law currently requires a Town's consent to include any area within that <br />Town's jurisdiction within a special taxing district, but that the County controls the rate of any <br />special district tax in its discretion. <br />(2) If the County determines that it is or may be advisable to create, increase or <br />decrease any rate, fee or charge covered by this section, then the County will give at least 30 <br />days' notice of the proposed change to the other Parties, and the County will request that the <br />Advisory Commission consider the proposed change. If the Advisory Commission recommends <br />that the change be approved, then the change may take effect if the County subsequently <br />approves it. If the Advisory Commission recommends that the change not be approved, then the <br />change may take effect only if the County and at least two other Parties subsequently approve the <br />change (except that approval by the County and any other single Party will be required at any <br />time there are less than four Parties to this Agreement). A change will take effect at the end of <br />Draft of June 1, 1999 5 <br />