(A) (1) The cities and towns, and the Commissioners relative to the county area, by execution hereof and joinder herein, shall be responsible, effective January 1, 1994, for assisting the district in issuing quarterly billings to each eligible participant within the contract area, in the sums designated in § 51.26(B). The district shall be solely responsible for implementing a billing and collection procedure for all curbside recycling service in the contract area.
(2) The mode and manner of the billing and collection process shall be left to the discretion of the district. The cities, towns and the Commissioners in the contract area expressly agree to assist the district in an effort to implement and supplement the district's billing and collection responsibilities. All monies collected by the district, pursuant to billings described herein, shall be remitted to the cities, towns and the Commissioners, respectively, in the net amount remaining after the district deducts therefrom each governmental entity's respective payment obligations for the vendor contract provided for by this subchapter.
(3) All monies so remitted to each governmental entity that joins in this subchapter and the interlocal agreement shall be held in the Recycling Non-Reverting Escrow Fund created by each respective governmental entity and there shall be no expenditures from the fund except as provided for by the terms of this subchapter and the interlocal agreement.
(B) (1) Should collections from the cities and towns, or the Commissioners relative to the county area, be insufficient to meet the contract obligations of any governmental entity that is a party hereto, then the district shall (first) issue a written notice to the executive of the governmental entity requiring payment of that entity's contract obligations from any other fund under the control of that entity. Payment shall be remitted to the district before the expiration of 15 days after the mailing date of the written notice issued by the district.
(2) If the payment is not timely made, the district shall be entitled to initiate a civil action to seek a judgment in any circuit, superior or county court for the amount due from a governmental entity. If the district is caused to initiate the court action, the cities and towns, and the Commissioners relative to the county area, by execution and adoption hereof and joinder herein, agree to entry of judgment, in the amount due the district for any billing, against their respective governmental entity and agree that the amount due shall be paid from any fund within the control of the nonpaying governmental entity, as selected by the district.
(3) The nonpaying entity shall be liable for the costs and attorney fees incurred by the district in the litigation and these amounts shall be included in the total amount collected by the district. Notwithstanding the above provisions for entry of a judgment at law, the district shall be entitled, in its discretion, to seek injunctive relief, in the courts designated above, against any governmental entity that is a party to this subchapter and the interlocal agreement to enjoin any entity for refusing to comply with any term of these instruments, respectively. In such cases where injunctive relief is successfully obtained, the district shall be entitled to recover all costs and attorney fees incurred as a result of having to file a court action against any governmental entity that is a party to these instruments.
(C) In addition to deposits made in the Recycling Non-Reverting Escrow Fund from collections payable from eligible participants, the cities, towns and Commissioners relative to the county area shall be entitled to deposit all collections from civil judgments and/or court enforcement actions brought against violators of this subchapter into this Fund.
(`93 Code, § 6-142) (Ord. 1993-10, passed 6-28-93; Am. Res. 99-01, passed 1-5-99)