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3 <br />Interlocal Agreement Between Orange County and the City Of Durham Regarding <br />the Disposition of Municipal Solid Waste Generated in <br />Orange County at The Durham Transfer Station <br />THIS AGREEMENT <br />, madethis ____ day of _____________, 20__ between the <br />City of Durham, North Carolina (“City”),a North Carolina municipal corporation, of <br />Durham County, North Carolina; and Orange County(“County”), a political subdivision <br />of the State of North Carolina, for the dispositionand funding responsibilities related to <br />municipal solid waste, as that term is defined in North Carolina General Statutes <br />Section 130A-290(a)(18a)(“MSW”), generated in Orange County and delivered to the <br />City of Durham owned and operated waste transfer station (“Station”). <br />WITNESSETH <br />WHEREAS <br />, theCounty and Cityare public bodies, politic and corporate, under <br />the laws of the State of North Carolina andare vested with the power and authority to <br />operate solid waste disposal facilities for thebenefit of the publicandare authorized by <br />Article 20 of North Carolina General Statutes Chapter 160Ato enter into this Interlocal <br />Agreement (“Agreement”); and <br />WHEREAS <br />,the County owns and operates a solid waste landfillaffording <br />services toall residents of Orange County and the Cityoperates its Station for the <br />principal benefit of Cityresidents; and <br />WHEREAS <br />,the County-owned landfill is scheduled to close in June of 2013 thus <br />creating a need forCounty to find a suitable means of disposing of MSW generated in <br />Orange County; and <br />WHEREAS <br />, the County andCity (which hereinaftermay bereferred to jointly as <br />the “Parties”and individually as “Party”) acknowledge that City has the available <br />capacity at the Station to dispose of MSW generated within and by County. <br />NOW, THEREFORE <br />, in consideration of the foregoing and on mutual promises and <br />obligations set forth herein, the receipt and sufficiency of which is hereby <br />acknowledged, the Parties agree as follows: <br />1.TERM <br />a. <br />This Agreement shall commence on the date set out above and shall <br />continue through June 30,2018. <br />b. <br />This Agreement may be renewed beyondJune 30, 2018 upon written <br />agreement of the Parties. <br />14 <br />Page of <br /> <br />