NCS000393_SW Interlocal Agreement_20070613

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Contract Control No. boo -,e- ` tP

INTERLOCAL AGREEMENT
NORTH CAROLINA INTERLOCAL AGREEMENT FOR
ENFORCEMENT SERVICES OF
GASTON COUNTY GASTON COUNTY
STORMWATER
ORDINANCE
This Agreement made and entered into on the f day of 1-N e- , 2007, by and between
GASTON COUNTY a corporate and political body and a subdivision of the State of North Carolina, hereafter
referred to as "County", and the Town of Dallas, 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 Gaston County Stormwater Ordinance; and,
WHEREAS, pursuant to N.C. Gen Stat. Chapter 160A, Article 20 upon official request of the governing
body of any municipality within the County, the Gaston 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 Gaston 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 Gaston County
Department of Natural Resources will provide enforcement services for Gaston County Stormwater Ordinance in the
corporate limits of the Municipality on the terms 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 Gaston County Stormwater 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, 2007 through June 30, 2008. 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 review and inspection 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 there from, unless the County is not at fault.

B. County. The County through the County Department of Natural Resources agrees to:
(1) Provide enforcement services for Gaston County Stormwater Ordinance;
(2) seek civil and criminal enforcement of the law when necessary in the County's discretion;
4. Geographic And Subiect Matter Jurisdiction. To the fullest extent permitted 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
Gaston County Stormwater Ordinance as it now exists or as it may hereinafter be adopted within the Municipality's
incorporated area, 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.
b. 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.
GASTON COUNTY
By: Gil hG04 0 TA#/6
Phillip Po der, Asst. County Mailager
T ST:
, &a0l
Martha M. Jordan, Cler to the and
APPRO D AS TO FORM:
Sam Shames, Assistant County Attorney
(NAME OF MUNICIPALITY)
By. P-4 C &&VV114,
Mayor
ATTEST-
Clerk -
File: Stormwater Interlocal Agreement.mw

Town of Dallas
State of !North Carolina
RESOLUTION TITLE: RESOLUTION TO ADOPT THE GASTON COUNTY STORMWATER
ORDINANCE AND APPROVE THE INTERLOCAL AGREEMENT
WITH GASTON COUNTY TO ENFORCE THE ORDINANCE IN
MUNICIPAL BOUNDARIES
WHEREAS, a major challenge facing our region is the protection of the quality of our water resources
in the face of explosive growth; and
WHEREAS, construction runoff and urban stormwater are the primary non -point sources of pollution
in Gaston County; and
WHEREAS, the costs of poor stormwater control include higher water treatment costs, degraded fish
populations, and lower real estate values; and
WHEREAS, after examining the subject for over a year, the Quality of Natural Resources Commission
at their March 2007, voted to recommend that Gaston County adopt a local
stormwater control program and for the County's Natural Resources Department to
administer the program; and
WHEREAS, (name of municipality) supports the adoption of the Gaston County Stormwater
Ordinance by the Gaston County Board of Commissioners to be enforced by the
Gaston County Natural Resources Department; and
WHEREAS, pursuant to N.C. Gen. Stat. §153A-122, a city may by resolution permit a county
ordinance adopted pursuant to NC statutes to be applicable within the city; and
WHEREAS, pursuant to N.C. Gen. Stat. §160A-461, any unit of local government in this State may
enter into contracts or agreements with each other in order to execute any
undertaking.
NOW, THEREFORE, BE IT RESOLVED that the (name of municipality) adopts the Gaston County
Stormwater Ordinance and approves the Interlocal Agreement with Gaston County to enforce the Gaston
County Soil Erosion & Sedimentation Control Ordinance within the city jurisdictions.
r►.
RESOLVED this the j 3 ` day of L< w e- .2007.
6- -0 -7
Mayor Date
ATTES
- /3- 07
City Jerk Date

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RECORDING FEE '
RESOLUTION TITLE:
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Doc ID: 011964110019 Type: ORD
Recorded: 07/31/2007 at 03:54:26 PM
Fee Amt: $0.00 Pape 1 of 19
InstrO 200700005539
Gaston, NG
Susan S. Lockridpe Register of Deeds
SK9 PG790-808
NATURAL RESOURCES - ADOPTION OF THE GASTON
COUNTY STORMWATER ORDINANCE
WHEREAS, on April 12, 2007, the Gaston County Board of Commissioners adopted the Gaston County
Stormwater Ordinance per Resolution 2007-148 to be submitted to North Carolina
Environmental Management Commission; and,
WHEREAS, the changes have been submitted to the North Carolina Environmental Management
Commission for its approval and said approval was granted on July 12, 2007as set forth in
the attached document; and,
WHEREAS, to complete the process, per North Carolina General Statutes, the Gaston County Board of
Commissioners is required to adopt the ordinance as approved by the North Carolina
Environmental Management Commission.
NOW, THEREFORE, BE IT RESOLVED that the Gaston County Board of Commissioners:
1) Rescinds the Gaston County Stormwater Ordinance adopted on April 12, 2007;
2) Adoptsthe attached Gaston County Stormwater Ordinance pursuantto North Carolina
General Statutes and as approved by the North Carolina Environmental Management
Commission;
3) This Ordinance is effective upon its adoption;
4) The Clerk to the Board is required to forward the Ordinance to the Register of Deeds
to be officially registered.
DO NOT TYPE BELOW THIS LINE
1, Martha M. Jordan, Clerk to the County Cornni$sion, do hereby certify that the above
by the Board or Corrrmissioners as follows: t 'f 1 /,1
NO. DA TE M1 M2
2007-271 7/26/2007 TK PF
CARPENTER FLOYD KEIGHER GROWN
DISTRIBUTION: Susan Lockridge, Register of Deeds, Municipal Code Corporation; Docuware Users
A=AYE, N=NAY, A13=ABSENT, ABS=ABSTAIN, U-UNANIMDU$

GASTON COUNTY COUNTY MANAGER
128 W. MAIN AVE. TELEPHONE: [phone]
P.O. BOX 1578 FAC 6i X WAN NS40FFICE
GASTONIA, NC 28053-1578
7001 AUG 20 A 10: 38
August 13, 2007
MEMORANDUM
TO:
FROM: Samuel J. Shames, Asst. County Attorney
SUBJECT: Stormwater Ordinance Enforcement Services With Town of Dallas
Attached is a fully -executed original of the above document. Please send the Vendor the enclosed original
for their file. The County has retained an original signature copy.
cc: Wilson L. Bradley III, Finance Director
Attachments
FEMEMOTODEPARTMENTTHEYSEND
llssion Statement
Gaston County seeks to be among the finest counties in North Carolina. It willprovide effective, efficient and affordable
services leading to a safe, secure and healthy community, an environment for economic growth, andpromote a favorable
quality of life.