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<br />Attachment C <br />Payment and Fiscal Management <br /> <br />Section 361.014 (b) of the Texas Health and Safety Codes Ann. Prior to <br />authorizing ATCOG to change the use of the property, ATCOG 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 proposed <br />new use or activity, to detennine that' a competitive advantage issue does not <br />exist. After six years of the initiation date of this Agreement, Contractor is <br />not required to obtain authorization for a change in use of the property <br />acquired under this Agreement, but the provisions of Section 361.014 (b) of <br />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, 1NRCC <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 marke~ per- <br />unit value of five thousand dollars ($5,000) or less may be retained, sold, <br />transferred, or otherwise disposed of with no further obligation to the <br />TNRCC provided the other requirements set forth in this Agreement are me~ <br />including the requirements of Section 361.014 (b) of the Texas Health and <br />Safety Codes Ann. <br /> <br />If, prior to the termination date of this Agreement, A TCOG determines that <br />any property acquired with funds provided as a result of this Agreement is no <br />longer needed for the original intended project, the A TCOG may require <br />Contractor to transfer title and possession of such property to a third party <br />named by A TCOG. <br /> <br />A TCOG shall not grant or allow to a third party a security interest in any <br />original or replacement materials, equipment, or facilities purchased or <br />constructed with funds made available under this Agreement. <br /> <br />Page 17 of 50 <br />