Orange County NC Website
34 <br /> (2) Pay the firm for the firm's economic loss, with one-third of the economic loss to be <br /> paid within 30 days of the termination and the balance paid in 12 equal monthly <br /> installments during the next succeeding 12 months. Any remaining economic loss <br /> payment is forfeited if the firm terminates service to customers in the annexation area <br /> prior to the effective date of the annexation. <br /> (3) Make other arrangements satisfactory to the parties. <br /> (b) To qualify for the options set forth in subsection (a) of this section, a firm must have done one <br /> of the following: <br /> (1) Subsequent to receiving notice of the annexation in accordance with subsection (d) of <br /> this section, filed with the city clerk at least 10 days prior to the public hearing a written <br /> request to contract with the city to provide solid waste collection services containing a <br /> certification, signed by an officer or owner of the firm, that the firm serves at least 50 <br /> customers within the county at that time. <br /> (2) Contacted the city clerk pursuant to public notice published by the city, pursuant to <br /> G.S. 160A-58.55(d), at least 10 days before the hearing and provided to the city clerk a <br /> written request to contract with the city to provide solid waste collection services. The <br /> request must contain a certification signed by an officer or owner of the firm that the <br /> firm serves at least 50 customers within the county at that time. <br /> (c) Firms shall file notice of provision of solid waste collection service with the city clerk of all <br /> cities located in the firm's collection area or within five miles thereof. <br /> (d) At least four weeks prior to the date of the informational meeting,the city shall provide written <br /> notice of the resolution of intent to all firms serving the area to be annexed. The notice shall be sent to <br /> all firms that filed notice in accordance with subsection(c) of this section by certified mail,return receipt <br /> requested, to the address provided by the firm under subsection (c) of this section. <br /> (e) The city may require that the contract contain: <br /> (1) A requirement that the firm post a performance bond and maintain public liability <br /> insurance coverage; <br /> (2) A requirement that the firm agree to service customers in the annexed area that were <br /> 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 than <br /> one firm being contracted within the area, such that the entire area is served by the <br /> firms, or by the city as to customers not served by the firms; <br /> (4) A provision that the city may serve customers not served by the firm on the effective <br /> date of annexation; <br /> (5) A provision that the contract can be cancelled in writing, delivered by certified mail to <br /> the firm in question with 30 days to cure substantial violations of the contract, but no <br /> contract may be cancelled on these grounds unless the Local Government Commission <br /> finds that substantial violations have occurred, except that the city may suspend the <br /> contract for up to 30 days if it finds substantial violation of health laws; <br /> (6) Performance standards, not exceeding city standards existing at the time of notice <br /> published pursuant to G.S. 160A-49(b) [160A-58.55(d)] with provision that the <br /> contract may be cancelled for substantial violations of those standards, but no contract <br /> may be cancelled on those grounds unless the Local Government Commission finds <br /> 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 /> (f) If the services to be provided to the city by reason of the annexation are substantially the same <br /> as rendered under the franchise with the county or arrangements with the parties, the amount paid by the <br />