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<br />ATTACHMENT C <br />PAYMENT AND FISCAL MANAGEMENT <br /> <br />or programs, providing such other use will not interfere with the work on <br />those projects or programs for which such equipment or facilities were <br />originally acquired or constructed. <br /> <br />(ii) For property with a current fair market, per-unit value in excess if five <br />thousand dollars ($5,000), if no longer needed for support of the authorized <br />projects or programs under this Agreement, whether original or replacement, <br />and within six years of the initiation date of this Agreement, Contractor shall <br />obtain written authorization from A TCOG prior to changing the use of the <br />property, to include selling or transferring ownership of the property. In <br />requesting authorization for a change of use of the property, Contractor shall <br />provide information as requested by ATCOG, to include information to <br />assure that the new use of the property will adhere to the requirements of <br />Section 361.014 (b) of the Texas Health and Safety Codes Ann. Prior to <br />authorizing A TCOG to change the use of the property, A TCOG may, at its <br />discretion, require Contractor to notify and request input from private <br />industry providers of recycling or solid waste services in the area of <br />proposed new use or activity, to determine that a competitive advantage <br />issue does not exist. After six years of the initiation date of this Agreement, <br />Contractor is not required to obtain authorization for a change in use of the <br />property acquired under this Agreement, but the provisions of Section <br />361.014 (b) of the Texas Health and Safety Codes and shall still apply. <br /> <br />(iii) If any property acquired or replaced under this Agreement is sold or <br />transferred within six years of the initiation date of this Agreement, TNRCC <br />is entitled to a share of the proceeds from such sale or may require the <br />transfer of ownership of the property to a third party, provided the fair <br />market, per-unit value of the property at the time of the sale is in excess of <br />five thousand dollars ($5,000). The TNRCC'S share of the sale proceeds <br />shall be the same percentage as was the funding provided under this <br />Agreement that enabled the original purchase or acquisition of the property <br />in question. Property that is no longer needed and that has a fair market, <br />per-unit value of five thousand dollars ($5,000) or less may be retained, <br />sold, transferred, or otherwise disposed of with no further obligation to the <br />TNRCC provided the other requirements set forth in this Agreement are <br />met, including the requirements of Section 361.014 (b) of the Texas Health <br />and Safety Codes Ann. <br /> <br />17 <br />