Orange County NC Website
m <br />5.05. Rates. Fees and Charges: (a) The County shall establish and maintain a <br />system of rates, fees and charges for the use of, and for the services provided by, the Solid Waste <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 <br />policies, including, without limitation, (i) costs of disposing of Solid Waste, (ii) costs of <br />collecting, processing and disposing of Recyclables, (iii) to the extent permitted by law, costs of <br />providing public benefits determined to be provided pursuant to Section 3.02, and (iv) costs of <br />solid waste reduction activities. <br />(b) Subject to the limitations of Sections 5.06, 5.07 and 5.08, the County may revise <br />any rates, fees and charges at any time and as often as it shall deem appropriate, and shall not be <br />limited in the number of times in any Fiscal Year that it changes any rate, fee or charge. <br />5.06. Mixed Solid Waste Tipping Fee. (a) The County may increase the Mixed <br />Solid Waste Tipping Fee from time to time in its discretion with at least 30 days' notice of the <br />increase to all other Parties. The County may not, however, increase the Mixed Solid Waste <br />Tipping Fee during or at the beginning of any Fiscal Year to a fee that exceeds the Mixed Solid <br />Waste Tipping Fee in effect at the end of the preceding Fiscal Year by more than 10 %, without <br />the prior consent of all the other Parties. Further, the Parties intend and agree that the County <br />shall endeavor to adjust the Mixed Solid Waste Tipping Fee only annually, with changes <br />becoming effective only at the beginning of a Fiscal Year. <br />(b) 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 Patty. The County shall promptly <br />notify the other Parties of any decrease in the Mixed Solid Waste Tipping Fee. <br />5.07. Other Governmental Fees (a) For the purposes of this Agreement, a <br />"Governmental Fee" shall mean any fee related to activities of the Solid Waste System that is <br />imposed. directly and solely on the Parties themselves, other than the Mixed Solid Waste Tipping <br />Fee. <br />(b) If the County determines that it is or may be advisable to create and impose any <br />Governmental Fee, then the County shall give at least 30 days' notice of the proposed <br />Governmental Fee to the other Parties. A Governmental Fee may then be imposed only if the <br />creation and imposition of such Governmental Fee is subsequently approved by the County and <br />at least two other Parties (except that approval by any two Parties shall be required at any time <br />there are less than four Parties to this Agreement). A new Governmental Fee shall take effect at <br />the end of the notice period or, if later, the date of the last Governing Body approval necessary <br />for it to take effect. <br />(c) 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 />