Orange County NC Website
Browse       Search
approve the change. A change will take effect at the end of the notice <br /> period or, if later, the date of the last Governing Body approval <br /> necessary for it to take effect. <br /> (3) Notwithstanding any other provision of this Agreement, the <br /> County may at any time, and from time to time in its discretion, <br /> create, increase or decrease any minor fees for the disposal of <br /> certain classes of Solid Waste (such as fees for the disposal of yard <br /> waste or clean wood waste) and minor charges for the sale of goods <br /> (such as, for example, mulch, scrap tires, or clean wood waste) . A fee <br /> 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 <br /> total revenue for the last preceding Fiscal Year for which audited <br /> financial statements are available. <br /> Time limit on fee chancre approvals. Any approvals given by a <br /> Party, pursuant to the approval requirements of this Part 4, to the <br /> imposition or increase of any fee will be of no further effect after <br /> 90 days from the date of the action granting approval (or after such <br /> 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 <br /> time received all approvals required for its effectiveness. <br /> Use of System Revenues only for System: no requirement that <br /> County use general funds for System purposes. The County will use <br /> System Revenues solely to carry out the Solid Waste Management Plan <br /> and Policies and solely for the benefit of the System, including (1) <br /> to pay costs of disposing of Solid Waste, (2) to pay costs of <br /> collecting, processing and disposing of Recyclables, (3) to the extent <br /> permitted by law, to pay costs of providing public benefits determined <br /> to be provided pursuant to Part 6, and (4) to pay costs of solid waste <br /> reduction activities. The County will not use System Revenues to pay <br /> costs of collecting Solid Waste in unincorporated areas of the County. <br /> The County will in no event be required to use assets or funds other <br /> than those of the System to fulfill its obligations under this <br /> Agreement other than its obligations under Part 2 . <br /> Reservation of County's rights. Notwithstanding any provision <br /> of the Solid Waste Management Plan and Policies or this Agreement to <br /> the contrary, the County will in all events be entitled to operate the <br /> System and all its facilities, and may adjust any and all rates, fees <br /> and charges, as it may in its reasonable discretion deem reasonably <br /> necessary (1) to comply with any requirements of any applicable law or <br /> regulation or any court order, administrative decree or similar order <br /> of any judicial or regulatory authority, (2) to comply with the <br /> requirements of any contracts, instruments or other agreements at any <br /> time securing Outstanding System Debt, or (3) to pay costs of <br /> remediating any adverse environmental conditions at any time existing <br /> with respect to the System. <br /> 7 <br />