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CITY CLERK
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935 <br />ATTACHMENT C <br />PAYMENT AND FISCAL MANAGEMENT <br />those projects or programs for which such equipment or facilities were <br />originally acquired or constructed. <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 ATCOG 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 assure <br />that the new use of the property will adhere to the requirements of Section <br />361.014 (b) of the Texas Health and Safety Codes Ann. Prior to authorizing <br />ATCOG to change the use of the property, ATCOG may, at its discretion, <br />require Contractor to notify and request input from private industry providers <br />of recycling or solid waste services in the area of proposed new use or <br />activity, to determine that a competitive advantage issue does not exist. After <br />six years of the initiation date of this Agreement, Contractor is not required <br />to obtain authorization for a change in use of the property acquired under this <br />Agreement, but the provisions of Section 361.014 (b) of the Texas Health <br />and Safety Codes and shall still apply. <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 market, <br />per -unit value of the property at the time of the sale is in excess of five <br />thousand dollars ($5,000). The TNRCC'S share of the sale proceeds shall be <br />the same percentage as was the funding provided under this Agreement that <br />enabled the original purchase or acquisition of the property in question. <br />Property that is no longer needed and that has a fair market, per -unit value <br />of five thousand dollars ($5,000) or less may be retained, sold, transferred, <br />or otherwise disposed of with no further obligation to the TNRCC provided <br />the other requirements set forth in this Agreement are met, including the <br />requirements of Section 361.014 (b) of the Texas Health and Safety Codes <br />Ann. <br />If, prior to the termination date of this Agreement, ATCOG determines that <br />ATTACHMENT C <br />PAYMENT AND FISCAL MANAGEMENT <br />-$-Oaks - Purchase orders (if issued), invoices and canceled checks. <br />Contractual - All of the above plus documentation that the costs were reasonable <br />and necessary. The same standard shall be applicable to subcontractors. <br />Other - All of the above apply. <br />
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