Orange County NC Website
Senate Bill 951- Second Edition Page 3 of 6 <br />(b) b <br />b <br />• t4te ftrett to amtexe'. At least four weeks prior to the date of the informational <br />meeting the city shall provide written notice of the resolution of intent to all fines serving the <br />area to be annexed. The notice shall be sent to all firms that filed notice in accordance with <br />subsection (a2 ) of this section by certified mail, return receipt requested, to the address provided <br />by the firm under subsection a2) of this section. <br />(c) The city may require that the contract contain: <br />(1) A requirement that the mate -firm post a performance bond and maintain <br />public liability insurance coverage; <br />(2) A requirement that the mete -firm agree to service customers in the annexed <br />area that were not served by that firm on the effective date of annexation; <br />(3) A provision that divides the annexed area into service areas if there were more <br />than one firm being contracted within the area, such that the entire area is <br />served by the prieftfe firms, or by the city as to customers not served by the <br />riyate- firms; <br />(4) A provision that the city may serve customers not served by the firm on the <br />effective date of annexation; <br />(5) A provision that the contract can be cancelled in writing, delivered by certified <br />mail to the frrnr in question with 30 days to cure €er- substantial violations of <br />the contract, but no contract may be cancelled on these grounds unless the <br />Local Government Commission finds that substantial violations have occurred, <br />except that the city may suspend the contract for up to 30 days if it finds <br />substantial violation of health laws; <br />(6) Performance standards, not exceeding city 9fftftdttrd81, standards existing at the <br />time of notice published pursuant to G.S. 160A -49(b) with provision that the <br />contract may be cancelled for substantial violations of those standards, but no <br />contract may be cancelled on those grounds unless the Local Government <br />Commission finds that substantial violations have occurred; <br />(7) A provision for monetary damages if there are violations of the contract or of <br />performance standards. <br />(d) If the services to be provided to the city by reason of the annexation are substantially <br />the same as rendered under the franchise with the county or arrangements with the parties, the <br />amount paid by the city shall be at least ninety percent (90 %) of the amount paid or required <br />under the existing franchise or arrangements. If such services are required to be adjusted to <br />conform to city standards or as a result of changes in the number of customers and as a result <br />there are changes in disposal costs (including mileage and landfill charges), requirements for <br />storage capacity (dumpsters and/or residential carts), and/or frequency of collection, the amount <br />paid by the city for the service shall be increased or decreased to reflect the value of such <br />adjusted services as if computed under the existing franchise or arrangements, In the event <br />agreement cannot be reached between the city and the � -firm under this subsection, smelt <br />the matters shall be determined by the Local Government Commission, <br />tftade with 4te solid -ovaste ealleefiett Ft� tinder s4see+ian (ft) of +his seefiett ttpatt payment to <br />41e ieizfflinacivir <br />http: / /www.ncga.state.ne,us/ Sessions / 2005 /Bills /Senate/HTML /S951 v2.html 6/23/2005 <br />