Orange County NC Website
8 e <br /> the notice period or, if later, the date of the last Governing Body approval necessary for it to take <br /> effect. <br /> (3) Notwithstanding any other provision of this Agreement, the County may at any <br /> time, and from time to time in its discretion, create, increase or decrease any minor fees for the <br /> disposal of certain classes of Solid Waste (such as fees for the disposal of yard waste or clean <br /> wood waste) and minor charges for the sale of goods (such as, for example, mulch, scrap tires, or <br /> clean wood waste). A fee or charge shall be considered "minor" for the purposes of this <br /> paragraph if the fee or charge produced less than 1% of the System's total revenue for the last <br /> preceding Fiscal Year for which audited financial statements are available. <br /> Time limit on fee change approvals. Any approvals given by a Party, pursuant to the <br /> approval requirements of this Part 4,to the imposition or increase of any fee will be of no further <br /> effect after 90 days from the date of the action granting approval (or after such shorter or longer <br /> period as may be made part of the action granting approval), if the imposition or increase so <br /> approved has not by such time received all approvals required for its effectiveness. <br /> Use of System Revenues only for System; no requirement that County use general <br /> funds for System purposes. The County will use System Revenues solely to carry out the Solid <br /> Waste Management Plan and Policies and solely for the benefit of the System, including (1) to <br /> pay costs of disposing of Solid Waste, (2) to pay costs of collecting,processing and disposing of <br /> Recyclables, (3) to the extent permitted by law, to pay costs of providing public benefits <br /> determined to be provided pursuant to Part 6, and (4) to pay costs of solid waste reduction <br /> activities. The County will not use System Revenues to pay costs of collecting Solid Waste in <br /> unincorporated areas of the County. The County will in no event be required to use assets or <br /> funds other than those of the System to fulfill its obligations under this Agreement other than its <br /> obligations under Part 2. <br /> Reservation of County's righter Notwithstanding any provision of the Solid Waste <br /> Management Plan and Policies or this Agreement to the contrary, the County will in all events be <br /> entitled to operate the System and all its facilities, and may adjust any and all rates, fees and <br /> charges, as it may in its reasonable discretion deem reasonably necessary (1) to comply with any <br /> requirements of any applicable law or regulation or any court order, administrative decree or <br /> similar order of any judicial or regulatory authority, (2) to comply with the requirements of any <br /> contracts, instruments or other agreements at any time securing Outstanding System Debt, or (3) <br /> to pay costs of remediating any adverse environmental conditions at any time existing with <br /> respect to the System. <br /> 5. The Greene Tract will remain a landfill asset. Sixty acres of the Greene Tract will <br /> be reserved for solid waste management purposes, and the three owners will work <br /> together to determine the ultimate use of the remainder. <br /> The Parties agree that the Greene Tract remains a landfill asset. <br /> Chapel Hill, Carrboro and the County (the "Greene Tract Owners') will transfer to the <br /> County title to that portion of the Greene Tract described on Exhibit E, which contains <br /> approximately sixty acres. The County may use the property described on Exhibit E for System <br /> Draft of June 1, 1999 6 <br />