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Senate Bill 951- Second Edition Page 5 of 6 that have filed notice with the unit of local government clerk pursuant to the provisions of subsection (g) of this section. The unit of local government shall deposit notice in the U.S. snail at least 30 days prior to the displacement issues being placed on the agenda for discussion or action at an official business meeting of f the governing body of the unit of local government. (cj Following the public notice required by subsection (1b) of the section, but in no event later than six months after the date of the first publication of the public notice pursuant to subsection (b) of this section, the unit of local government may proceed to take action to displace a private company. The unit of local government or other public or private entity selected by the unit of local government may not commence the actual provision of these services for a period of 18 months from the date of the vote by the governing body of the unit of local government awarding a contract or exclusive franchise to a private firm, or approving the final plan for the unit of local government to deliver solid waste collection services unless the unit of local government provides compensation to the displaced private company as follows: W Subject to subdivision (3) of this subsection, if the private company has provided collection services in the displacement area prior to announcement of the displacement action, the unit of local government shall provide compensation to the displaced private company in an amount equal to the total gross receipts for collection services provided in the displacement area for the 12 months prior to the initial public notice required under subsection (b ) of this section. M Subject to subdivision (3) of this subsection, if the displaced private comp has provided collection services in the displacement area for less than 12 months, the unit of local government shall provide compensation to the displacement area. ( If the displaced private companyurchased an existing operation of another private company providing such services, compensation shall be for 12 months based on the monthly average of the immediate preceding three month's total gross revenue. (d) The amount due from the unit of local government to the displaced company shall be paid as follows: one -third of the economic loss to be paid within 30 days of the displacement and the balance paid in five equal monthly installments duting the next succeeding five months. U If the unit of local government fails to change the provision of solid waste services as described in the notices required under subsection (b) of this section within six months of the date of the first publication of public notice, the unit of local government shall not take action to displace without complying again with the provisions of subsection (b) of this section. (f As used in this section, the following terms mean: W Displacement. — Any action by a unit of local government that prohibits or has the company is providing in the affected area at least 90 days prior to the date of the first publication of notice required by subsection (b) of this section. Displacement also means an action by a unit of local government to use an availability fee nonoptional fee or taxes to fund competing collection services for solid waste, recovered materials, or recyclables that the Drivate comp an y is providing at the time that the first public notice required under subsection (b) http://www,ncga.state.nc.us/Sessions/2005/Bills/Senate/HTML/S95 l v2.html 6/23/2005