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Agenda - 03-31-2008-4
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Agenda - 03-31-2008-4
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Last modified
4/23/2013 9:55:32 AM
Creation date
8/28/2008 9:53:25 AM
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BOCC
Date
3/31/2008
Document Type
Agenda
Agenda Item
4
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Minutes - 20080331
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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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. Nbtwithstanding any provision of <br />the Solid Waste Management Plan and Policies or this Agreement to the <br />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 />f <br />o . 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 />S. The Greene Tract will remain a landfill asset. Sixty acres of the <br />Greene * Tract will•be reserved for solid waste management <br />purposes, and the three owners will work together to determine <br />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") <br />will -transfer to the County 'title to that portion of the Greene Tract <br />described on Exhibit E, which contains 6pprokimately sixty acres. The <br />County may use .the property described on Exhibit- E for system <br />purposes. The County states its current intention not to bury mixed <br />solid waste or construction and demolition waste on a4y, portion of the <br />Greene Tract. The County states- its recommendation to future County <br />Governing Boards that the County make no such . burial. <br />The deed to this property will include a restriction prohibiting' <br />the use of the property- described on Exhibit E for•burying mixed solid <br />waste or construction and demolition waste. This restriction becomes <br />effective at the same time that the zoning change described in the <br />next paragraph is effective; and it will remain effective so long at <br />zoning remains effective which allows solid waste managgqent uses, <br />other than burial of mixed solid waste or construction and demolition . . <br />waste,.as permitted'uses'ag described in the next paragraph- <br />Chapel Hill agrees to commence, and states its current intent to <br />complete,: the process to "make solid waste management uses not <br />including burial of mixed solid waste . or construction and demolition• <br />waste, but expressly including, but not limited to, a solid waste <br />transfer facility and a' materials recovery facility, . uses of .. the <br />6 <br />
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