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3 <br /> INTERLOCAL AGREEMENT BY AND BETWEEN ORANGE COUNTY, DEPARTMENT OF <br /> SOLID WASTE MANAGEMENT AND DURHAM COUNTY, REGARDING THE <br /> ADMINISTRATION OF ORANGE COUNTY SOLID WASTE PROGRAMS FEE BILLING AND <br /> COLLECTION <br /> THIS AGREEMENT made and entered into this 12th day of May, 2025, between Orange <br /> County, North Carolina, a North Carolina municipal corporation, and Durham County, a <br /> North Carolina municipal corporation of the State of North Carolina for the administration of <br /> Orange County Solid Waste Program Fee Billing and Collection (the "SWPF"). <br /> WHEREAS, Orange County and Durham County are public bodies, politic and corporate, under <br /> the laws of the State of North Carolina and are vested pursuant to Article 20 of North Carolina <br /> General Statutes Chapter 160A with the power and authority to enter into this Interlocal <br /> Agreement (hereinafter referred to as the "Agreement"); and <br /> WHEREAS, Orange County is authorized and empowered by Article 16 of Chapter 160A- <br /> 313/314 (a2) of the North Carolina General Statutes to establish and operate a " public <br /> enterprise", and to establish, fix and enforce rates, fees, charges and penalties for Solid Waste; <br /> and <br /> WHEREAS, Orange County has established a Solid Waste Program Fee ("SWPF") applicable <br /> to all improved properties within the County and within the municipalities in the County, <br /> including properties located within the Town of Chapel Hill lying within Durham County limits; <br /> and <br /> WHEREAS, Orange County Board of Commissioners, at their meeting dated April 13, 2004, set <br /> up the Orange County Solid Waste Programs Fees specifically under NCGS 153A-102. The <br /> County Attorney at that time provided an opinion with detailed information about the set up and <br /> collection of the fees. Orange County has not adopted an ordinance allowing for the attachment <br /> of a lien with respect to Solid Wase Program fees; and <br /> WHEREAS, Orange County desires that Durham County administer the billing and collection of <br /> the SWPF from property located within the Town of Chapel Hill but lying within the limits of <br /> Durham County; and <br /> WHEREAS, Durham County has broad tax collection and administration authority and staff in <br /> place to carry out that authority and is willing, subject to certain conditions, to provide <br /> administration and collection of SWPF, and acknowledges that the fees may not be collected as <br /> a lien on real property; and <br /> NOW, THEREFORE, in consideration of the foregoing and on mutual promises and obligations <br /> set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree <br /> as follows: <br />