Orange County NC Website
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 />(d) The County may decrease any Governmental Fee from time to time in its <br />discretion, without prior notice to or action by any other Parry. The County shall promptly notify <br />the other Parties of any decrease in any Governmental Fee. <br />5.08. Other Fees. If the County determines that it is or may be advisable to create, <br />increase or decrease any other rate, fee or charge, including any charges by the County for the <br />sale of goods (for example; mulch) or services, then the County shall give at least 30 days' notice <br />of the proposed change to the other Parties, and the County shall request that the Advisory <br />Commission consider the proposed change. If the Advisory Commission recommends that the <br />change be approved, then the change may take effect if it is subsequently approved by the <br />County. If the Advisory Commission recommends that the change not be approved, then the <br />change may take effect only if the change is subsequently approved by the County and at Ieast <br />two other Parties (except that approval by any two Parties shall be required at any time there are <br />less than four Parties to this Agreement). A change shall take effect at the end of the notice <br />period or, if later, the date of the last Governing Body approval necessary for it to take effect. <br />5.09. Time Limitation on Fee Change Approvals. Any approvals given by a <br />Party to the imposition or increase of any fee, pursuant to the approval requirements in Sections <br />5.06, 5.07 and 5.08, shall be of no further effect after 90 days from the date of the action granting <br />approval (or after such shorter or longer period as may be made part of the action granting <br />approval), if the imposition or increase so approved has not by such time received all approvals <br />required for its effectiveness. <br />5.10. Use of System Revenges and County General Fnnds. (a) The County <br />shall use System Revenues solely to carry out the Solid Waste Management Nes Policies and <br />solely for the benefit of the Solid Waste System, including (i) to pay costs of disposing of Solid <br />Waste, (ii) to pay costs of collecting, processing and disposing of Recyclables, (iii) to the extent <br />permitted by law, to pay costs of providing public benefits determined to be provided pursuant to <br />Section 3.02, and (iv) to pay costs of solid waste reduction activities. The County shall not use <br />System Revenues to pay costs of collecting Solid Waste in unincorporated areas of the County. <br />(b) The County shall in no event be required to use assets or funds other than those of <br />the Solid Waste System to fulfill its obligations under this Agreement, including its obligations <br />under Section 2.04(a) but excluding its obligations under Section 2.05. <br />5.11. Risk Management. The County covenants that it will maintain a practical <br />program of insurance and risk management, with reasonable terms, conditions, provisions and <br />costs, which the County determines (a) will afford the County adequate protection against loss <br />caused by damage to or destruction of the Solid Waste System or any part thereof and (b) will <br />provide reasonable liability protection for bodily injury and property damage resulting from the <br />construction or operation of the Solid Waste System. <br />