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<br />administering a Regional Solid Waste Grants Program, the TCEQ. CAPCOG shall, in turn, <br />request authorization from the TCEQ to provide disposition instructions to the <br />SUBCONTRACTOR. Disposition instructions shall solicit, at a minimum, information on the <br />source and amount of funds used in acquiring the property, the date acquired, the fair market <br />value and how the value was determined (e.g., by appraisal, bids, etc.), and the proposed use <br />of the proceeds. The assessment of whether to authorize the proposed disposition of the <br />property must include a determination that the disposition plan will comply with the private <br />industry provisions of §361.014(b) of the TEXAS HEALTH & SAFETY CODE ANN. In cases <br />where SUBCONTRACTOR fails to take appropriate disposition actions, CAPCOG may direct <br />SUBCONTRACTOR to take appropriate disposition actions. The disposition instructions may <br />provide for one of the alternatives as set forth in this Section. <br /> <br />1. <br />Retain title, sell, or otherwise disposed of with no obligation to compensate CAPCOG. <br /> <br />2. <br />Retain title after compensating CAPCOG. If CAPCOG is compensated by the <br />SUBCONTRACTOR for property acquired using funds provided under this Contract, <br />CAPCOG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use <br />those funds for other projects or activities that support this or similar future programs <br />conducted by the TCEQ. The amount due will be computed by applying the percentage of <br />state-funded participation in the cost of the original purchase to the fair market value of the <br />property. <br /> <br />3. <br />Sell the property and compensate CAPCOG. If CAPCOG is compensated by the <br />SUBCONTRACTOR for property acquired using funds provided under this Contract, <br />CAPCOG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use <br />those funds for other projects or activities that support the goals of this or similar future <br />programs conducted by the TCEQ. The amount due will be calculated by applying <br />CAPCOG <br />of the sale after deduction of any actual and reasonable selling and fixing-up expenses. If <br />the grant is still active, the net proceeds from sale may be offset against the original cost of <br />the property. When SUBCONTRACTOR is directed to sell property, sales procedures shall <br />be followed that provide for competition to the extent practicable and result in the highest <br />possible return. <br /> <br />4. <br />Transfer title to CAPCOG or to a third-party designated/approved by the TCEQ. If the <br />SUBCONTRACTOR participated financially in the original purchase of the property, the <br />SUBCONTRACTOR may be authorized payment from the receiving party of an amount <br />calculated by applying the percentage of the participation in the original purchase of the <br />property to the current fair market value of the property. <br /> <br />(i). <br />Items of property with a current per-unit fair market value of less than $5,000 may be retained, <br />sold or otherwise disposed of by the SUBCONTRACTOR with no further obligation to <br />CAPCOG. Methods used to determine per-unit fair market value must be documented, kept <br />on file and made available to CAPCOG and the TCEQ upon request. <br /> <br />Article 8: Compliance with Applicable Laws <br /> <br />The SUBCONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations <br />and order of any public authority bearing on the performance of this Contract including, but not <br />CAPCOG FY2016 <br /> <br /> <br />ЊЉ <br />Solid Waste Interlocal Contract <br /> <br /> <br />