2000-014-RES ACCEPTING GRANT AWARD FOR FY 2000-2001

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