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Senate Bill 951- Second Edition Page 4 of 6 <br />lass" <br />. <br />(g) The prime -firm may, if it contends that no contract has been offered, appeal to the <br />Local Government Commission within 30 days following passage of an annexation ordinance. <br />The pri-vttte -firm may appeal to the Local Government Commission for an order staying the <br />operation of the annexation ordinance pending the outcome of the review. The Commission may <br />grant or deny the stay upon such terms as it deems proper. If the Local Government Commission <br />finds that the city has not made an offer which complies with this section, it shall remand the <br />ordinance to the municipal governing board for further proceedings, and the ordinance shall not <br />become effective until the Local Government Commission finds that such an offer has been <br />made. Either the pri�a+e -firm or the city may obtain judicial review in accordance with Chapter <br />150B of the General Statutes. <br />(h) A firm which has given notice under subsection (a) of this section that it desires to <br />contract, and any firm that the city believes is eligible to give such notice, shall make available <br />to the city not later than 3430 business days following a written request of the city, sent by <br />certified mail return receipt requested, all information in its possession or control, including but <br />not limited to operational, financial and budgetary information, necessary for the city to <br />determine if the firm qualifies for the benefits of this section and to determine the nature and <br />scope of the potential contract and/or economic loss. The firm forfeits its rights under this <br />section if it fails to make a good faith response within 4-930 business days following receipt of <br />the written request for information from the city, provided that the city's written request so states <br />by specific reference to this section. <br />0 As used in this section the following terms mean: <br />W Economic loss. - A sum equal to 15 times the average gross monthly revenue <br />service in the area annexed or to be annexed. <br />Firm. - A private solid waste collection firm." <br />SECTION 3. Part I of Article 16 of Chapter 160A of the General Statutes is <br />amended by adding a new section to read: <br />"§ 160A -327. Displacement of private solid waste collection services. <br />(a) A unit of local government shall not displace a private company that is providing <br />collection services for solid waste or recovered materials or both, except as provided for in this <br />section. <br />(b Prior to displacing a private company, the unit of local government shall rp ovide <br />public notice of its intent to consider an action that will displace a private company by <br />publishing notice of intent once a week for at least four consecutive weeks in at least one <br />newspaper of general circulation in the area in which the unit of local government and the <br />proposed displacement area are located The first public notice shall be given 30 days rip or to <br />the displacement issues being Dlaced on the agenda for discussion or action at an official <br />business meeting of the governing body of the unit of local government. The notice shall speci iv <br />each area in which the local government proposes to change the solid waste collection services <br />that would result in the displacement of' a private company. In addition, the unit of local <br />government shall send written notice by certified mail, return receipt requested, to all companies <br />http://www.ncga.state.nc,us/Sessions/2005/Bills/Senate/HTML/S95 l v2.html 6/23/2005 <br />