NCS000431_County Agreement_20050606

cnn#TftACT N3. `i3=0lo-D1 Dry
INTERLOCAL AGREEMENT
NORTH CAROLINA INTERLOCAL AGREEMENT FOR
ENFORCEMENT SERVICES OF
CATAWBA COUNTY CATAWBA COUNTY SOIL EROSION
AND SEDIMENT CONTROL
ORDINANCE
This Agreement made and entered into on the day of , 2005, by
and between CATAWBA COUNTY a corporate and political body and a subdivision of the
State of North Carolina, hereafter referred to as "County", and the CITY OF CONOVER, a
municipal corporation having a charter granted by the State of North Carolina, hereinafter
referred to as "Municipality".
WITNESSETH:
WHEREAS, Article 20 of Chapter 160A of the North Carolina General Statutes
authorizes the contractual exercise by one unit of local government for one or more other units of
any administrative or governmental power, function, public enterprise, right, privilege, or
immunity of local government; and,
WHEREAS, the Municipality has requested that the County provide enforcement
services within the corporate boundaries of the Municipality for Catawba County Soil Erosion
and Sedimentation Control Ordinance; and,
WHEREAS, pursuant to N.C. Gen Stat. Chapter 160A, Article 20 upon official request
of the governing body of any municipality within Lite County, the Catawba County Board of
Commissioners may by agreement exercise enforcement powers within said municipality and
upon such direction may do so until such time as the Municipal governing body officially
withdraws its request; and,
WHEREAS, the Catawba County Board of Commissioners upon approval of a
resolution, and with written notice, may withdraw the offering of the service to the Municipality.
NOW, THEREFORE, it is agreed by the parties hereto that the County through the
Catawba County Department of Utilities and Engineering will provide enforcement services for
Catawba County Soil Erosion and Sedimentation Control Ordinance in the corporate limits of the
Municipality on the terns and conditions set forth below:
1. Purpose. The purpose of this Agreement is to set forth the terms and conditions for
the Municipality to contract with the County for enforcement services for Catawba County Soil
Erosion and Sedimentation Control Ordinance inside its corporate limits and to confer to the
County the necessary geographical and subject matter jurisdiction to carry out the intent of this
Agreement.

2. Term. The term of this Agreement is July 1, 2005 through June 30, 2006. This
Agreement shall automatically renew each year hereafter for successive one year terms unless
terminated as provided herein.
3. Responsibilities.
A. Municipality. The Municipality agrees to:
(1) allow the County to retain any fees or fines collected in accordance with
the law;
(2) defend all claims against it and its employees for incidents that occur• prior
to the date of this Agreement and indemnify and hold the County harmless
from any judgments against it and said employees. The County agrees to
defend all claims against the Municipality arising out of like incidents that
occur from and after the date of this Agreement, and further agrees to
indemnify and hold the Municipality harmless from any judgments against
the Municipality resulting therefrom, unless the County is not at fault.
B. County The County tlmough the County Department of Utilities and
Engineering agrees to:
(1) provide adequate personnel and other resources for enforcement services.
of the Catawba County Soil Erosion and Sedimentation Control
Ordinance;
(2) seek civil and criminal enforcement of the law when necessary in the
County discretion;
4. Geographic And Subject Matter Jurisdiction. To the fullest extent perniitted by the
laws of the State of North Carolina and the United States, the Municipality hereby grants to the
County the authority to enforce the Catawba County Soil Erosion and Sedimentation Control
Ordinance as adopted by Catawba County Board of Commissioners and approved by the State of
North Carolina Sedimentation Control Commission, and the County accepts the authority herein
granted and agrees fully and faithfully to perform the duties and responsibilities implied by the
acceptance of this grant subject to the terms and conditions of this Agreement.
5. Amendment. This Agreement may only be amended in writing upon the signature of
both parties. No oral agreements or resolutions shall have any effect.
6. Entire Agreement. This Agreement is the only agreement between the parties and
contains all the terms agreed upon, and replaces any previous agreements regarding the subject
matter. This Agreement has no effect upon enforcement of codes or ordinances not specifically
mentioned. If any part of this Agreement is held invalid such decision shall not render the
document invalid.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in duplicate for themselves for their duly authorized officers of the day and year first
above written.
CATAWBA COUNTY
` I , . Zw
By: -
J. Thomas Lundy, County Mana r
ATTEST:
aAk cA
Barbara E. Morris, Clerk to the t3oard
CITY OF CONOVERnn�
By: 1 �
187d7 Rick Beasley, Cify Manager
C
Clerk
APPROVED�IS TO FO
Anne Marie ease, Attorney for the County
APPROVED A�FORM:
Martin Pannel , ity Attorney

THIS INSTRUMENT has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act as amended.
Date: s7� 2 y - D50 v
Rodney N. Mill , Director of Finance