Orange County NC Website
505 <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 160X <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 />