2026-204-E-Solid Waste-Durham County Tax Office-ILA Agreement for SWPF collection

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INTERLOCAL AGREEMENT BY AND BETWEEN ORANGE COUNTY, DEPARTMENT OF SOLID WASTE MANAGEMENT AND DURHAM COUNTY, REGARDING THE ADMINISTRATION OF ORANGE COUNTY SOLID WASTE PROGRAMS FEE BILLING AND COLLECTION THIS AGREEMENT was made and entered into this 12th day of May 2026, between Orange County, North Carolina, a North Carolina municipal corporation, and Durham County, a North Carolina municipal corporation of the State of North Carolina for the administration of Orange County Solid Waste Program Fee Billing and Collection (the "SWPF"). WHEREAS, Orange County and Durham County are public bodies, politic and corporate, under the laws of the State of North Carolina and are vested pursuant to Article 20 of North Carolina General Statutes Chapter 160A with the power and authority to enter into this Interlocal Agreement (hereinafter referred to as the "Agreement”); and WHEREAS Orange County is authorized and empowered by Article 16 of Chapter 160A- 313/314 (a2) of the North Carolina General Statutes to establish and operate a " public enterprise", and to establish, fix and enforce rates, fees, charges and penalties for Solid Waste; and WHEREAS, Orange County has established a Solid Waste Program Fee (“SWPF”) applicable to all improved properties within the County and within the municipalities in the County, including properties located within the Town of Chapel Hill lying within Durham County limits; and WHEREAS, Orange County Board of Commissioners, at their meeting dated April 13, 2004, set up the Orange County Solid Waste Programs Fees specifically under NCGS 153A-102. The County Attorney at that time provided an opinion with detailed information about the set up and collection of the fees. Orange County has not adopted an ordinance allowing for the attachment of a lien with respect to Solid Wase Program fees; and Whereas Orange County desires that Durham County administers the billing and collection of the SWPF from property located within the Town of Chapel Hill but lying within the limits of Durham County; and WHEREAS, Durham County has broad tax collection and administration authority and staff in place to carry out that authority and is willing, subject to certain conditions, to provide administration and collection of SWPF, and acknowledges that the fees may not be collected as a lien on real property; and NOW, THEREFORE, in consideration of the foregoing and on mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Docusign Envelope ID: B80CCE2B-22E6-8EC7-8015-6DFC9F4E01AE