Orange County NC Website
C. Subject to the two exceptions set out below, any fee increase of more than five percent (5 %) <br />must be approved by the Towns in advance by June 1 of any given year. <br />1. This Paragraph V(C) shall not apply where County has provided at least twelve (12) <br />months' notice of said fee increase and where such increase greater than five <br />percent (5 %) is necessary to maintain the then current level of services. <br />2. County's contract with its service provider, a provider of urban curbside service <br />contemplated by this Agreement, contains provisions for annual increases in costs <br />based on annual increases in the national Consumer Price Index ( "CPI "). This <br />Paragraph V(C) shall not apply where a greater than five percent (5 %) fee increase <br />is necessary based on the CPI increase requirement of County's contract with Waste <br />Industries, or any other service provider where the service contract contains a similar <br />provision, and where County has notified Town prior to the first day of April when <br />such a CPI increase greater than five percent (5 %) is expected for the next fiscal <br />year. <br />Subject to the two exceptions set out below, any fee increase of more than five percent (5 %) <br />must be approved by the Towns in advance. <br />• (Same as item C.1 above) <br />• County's service contract provider, a provider of some services contemplated by this <br />Agreement, contains provisions for annual increases in costs based on annual <br />increases in the national Consumer Price Index ( "CPI "). This Paragraph shall not <br />apply where a greater than ten percent (10 %) fee increase is necessary based on <br />the CPI increase requirement of County's contract with service provider, or any other <br />service provider where the service contract contains a similar provision, and where <br />County has notified Town prior to May 1 of a fiscal year in which such a CPI increase <br />greater than 10 percent (10 %) is expected for the next fiscal year. <br />D. In the event a Town or Towns fail to approve a multi - family or urban curbside recycling fee <br />increase of greater than five percent (5 %) for any service where such increase is necessary <br />to fully pay for the provision of any service contemplated by the terms of this Agreement or <br />where such increase is necessary for County to meet its contractual obligations with any <br />contractor engaged in providing any of the services contemplated by this Agreement County <br />may, at its option, terminate this Agreement as it applies to any Town that fails to approve <br />said fee increase. <br />In the event a Town or Towns fail to approve a fee increase of greater than ten percent (10 %) <br />for any service where such increase is necessary to fully pay for the provision of any service <br />contemplated by the terms of this Agreement or where such increase is necessary for County to <br />meet its contractual obligations with any contractor engaged in providing any of the services <br />contemplated by this Agreement County may, at its option, terminate this Agreement as it <br />applies to any Town that fails to approve said fee increase. <br />1. Any termination pursuant to this Paragraph V(D) shall be without cost or penalty to <br />County. <br />2. In the event County terminates this Agreement pursuant to the terms of this <br />Paragraph V(D) the Town or Towns with which the Agreement is terminated shall be <br />responsible for the full amount of any outstanding costs, contractual obligations or <br />