4.5. SR 07-21-2003 - Laserfiche WebLink

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month shall be received by the City no later than the thirtieth calendar day of the succeeding month. The first monthly payment shall be made on the thirtieth day of the month this Agreement is executed. The Parties agree that the HCF shall be the only fee charged by the City for solid waste disposal at the Landfill. However, the Landfill shall remain responsible for all other applicable and customary fees, including building permit fees, zoning application fees, Conditional Use Permit application fees and cost reimbursement requirements, solid waste facility license fees and cost reimbursement requirements, utility use fees, platting and subdivision fees, including park dedication and other fees incident to platting and subdivision, real estate taxes, special assessments for public improvements and all other applicable fees. The amount of the HCF may be increased or decreased only by mutual agreement of the parties, at the time of renewal of this Agreement or at any other time agreed to by the parties. 6.02. Use of Fee. The HCF may be used by the City for any lawful public purpose, including general fund purposes. 6.03. Fee is in Lieu of Abatement Fees. The Parties agree that the City has statutory authority to impose abatement fees on the Landfill and has done so in the past. However, that authority may be subject to legal challenge and is subject to legislative scrutiny and alteration. Therefore, the City agrees, for so long as ERL makes timely payment of the HCF, to waive its right to impose such fees and to accept, in lieu thereof, the HCF described in this Agreement. If the City shall be required by law to collect from ERL an abatement fee or similar landfill fee in addition to the HCF, the HCF due and owing to the City shall be reduced by an amount equal to the amount of such required abatement fee collected by the City. The HCF is in lieu of the statutory landfill abatement fee for the disposal of solid waste -8-