NCS000393_EC Interlocal Agreement Dallas_20030408

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CONTRACT CONTROL SHEET
Contract Title: Interlocal Agreement for Enforcement Services of Gaston County Soil Erosion and
Sedimentation Control Ordinance
Purpose: To provide enforcement services within the corporate boundaries of the City of Dallas,
for Gaston County Soil Erosion and Sedimentation Control Ordinance
Department: Gaston County Natural Resources Departure
Department Director sign-ofi
Vendor: Town of Dallas, N. C.
Vendor's Address: 210 N. Holland Street, Dallas, ` N. C. 28034
Address City State Zip
Vendor's Contact Person & Phone #: Nicholas E. Vlaservich, Manager Phone: [phone]
MAILING INSTRUCTIONS; (X )MAIL TO VENDOR, OR ( )RETURN TO DEPARTMENT FOR ROUTING
Contract/Agreement Funded through: Contract/Agreement for:
() Federal Grantor % (X) Service ( ) Equipment ( ) Other:
() State Grantor %
() Local Funds % Contract/Agreement is:
() Other:User Fees_100 % (X ) New
( ) Amendment -Original Contract #:
Responsible for payment of contract/agreement: () Renewal -Original Contract #:
N/A
Department Name Project Number Effective Date.
Termination Notice Date:
Account Number: Expiration Date.
Fund Dept. Subdept. Division Account Subacct
COMMENTS OR SPECIAL INSTRUCTIONS:
Total cash outlay/capped amount: $ Paid by user fees collected by Gaston Natural Resources
Department
Frequency of payments: ()Monthly ()Quarterly
()Annual ()Progress Billing
Other:
Record Retention Date.
Date by which agreement may be destroved
Do Not Write Below This Line
County Attorneys Use Only:
Date approved as to form: By:
Routed for Approval and Signature:
Finance Director for Pre -Audit Certification: (Date)
County Manager for Signature: (Date)
Clerk, Board of Commissioners (Attest &/or Notarize): (Date)
INSTRUCTIONS ON BACK
Contract Control Number: e*33,!>,9`i— ;`

REQUEST FOR BOARD ACTION
TO: COUNTY MANAGER, Jan Winters DATE: April 30, 2003
COMMISSION SPONSOR: COMMISSIONER DONNIE LOFTIS
RESOLUTION TITLE: NATURAL RESOURCES DEPARTMENT - TOWN OF DALLAS ADOPTION OF THE
GASTON COUNTY SOIL EROSION AND SEDIMENTATION ORDINANCE AND
APPROVAL OF THE INTERLOCAL AGREEMENT
FUNDING SOURCES:
COUNTY MONIES:
FEDERAL $
�(_ No County Funding Required
STATE $ % Funds available in current budget
COUNTY $ °�
USER FEES $1501acre 100 %
OTHER $��
EXPLANATION OF FUNDING SOURCES: (if
Budget Change Request Required
APPROVALS: (App�vals required prier to sudmiNing fio Clerk M the iBoard fvr Agend'aj
Personnel Review yes N/AJ Initialed /t/Q 7
Budget/ Purchasing Review/Budget Change yes NIA Initialed "CO'glut° J
Finance Review/Budget Change/Other yes NIA Inidaled
SYNOPSIS OF REQUEST: (USE A SECOND PAGE FOR ADDITIONAL SYNOPSIS)
Request acceptance of the Resolution from the Town of Dallas, N. C. for adoption of the Gaston County Soil
Erosion and Sedimentation Control Ordinance and to approve the Intedoca► Agreement for Gaston County to
provide enforcement services within the corporate boundaries of the Town of Dallas, N. C. for the Gaston County"
Soil Erosion and Sedimentation Control Ordinance.

State of North Carolina
RESOLUTION TITLE: GASTON NATURAL RESOURCES DEPARTMENT -
TOWN OF DALLAS ADOPTION OF THE GASTON COUNTY
SOIL EROSION AND SEDIMENTATION ORDINANCE AND
APPROVAL OF THE INTERLOCAL AGREEMENT
WHEREAS, the Gaston County Board of Commissioners unanimously approved the adoption of the
Gaston County Soil Erosion and Sedimentation Control Ordinance at its meeting held
November 14, 2002; and,
WHEREAS, the North Carolina Sedimentation Gorttrol Commission at its February 5, 2003 meeting
unanimously delegated authority to Gaston County for implementation of a local Soil
Erosion and Sedimentation Control Program effective April 1, 2003; and,
WHEREAS, Section 3, Jurisdiction - of the Gaston County Soil Erosion and Sedimentation Contro{
Ordinance directs that "this Ordinance may later be adopted to also apply within other
regions upon proper resolution duly adopted by the governing bodies of the respective
regions and the Commissioners."
WHEREAS, pursuant to N. C. General Statutes 115A 122, a municipality may by resolution permit a
county ordinance adopted pursuant to NC statutes to be applicable within the municipality;
and,
WHEREAS, pursuant to N. C. General Statutes 160A-461, any unit of local government in this State may
enter into contracts or agreements with each other 111010w, to execute any undertaking; and,
WHEREAS, the Town of Dallas adopted the Gaston County Soil Erosion and Sedimentation Control
Ordinance and approved the Interlocal Agreement with Gaston County to enforce the
Gaston County Soil Erosion & Sedimentation Control ordinance within the city jurisdictions.
' NOW, THEREFORE, BE IT RESOLVED that Gaston County Board of Commissioners enters into the
Interiocal Agreement with the Town of Dallas to enforce the Gaston County Soil Erosion and
Sedimentation Control Ordinance within the municipality's jurisdictions.
' BE IT FURTHER RESOLVED that the County Attorney is authorized to draft any necessary contracts and
the County Manager/Designee is authorized to execute said contracts on behalf of Gaston
County.
' RESOL DATE Mf M2 cgRPEN7ER FLOYD KEIGHER LOFTJS PRICE TOhRBETT YI►Rrf ►fi' VOTE
1110
2003A 63 5/8/2003 DL TK U
DISnUBUH0N . Glenda Jwes, Natural Resources; Chuck Moore, County Attorney; Ron Courtney, Finanoe; Michael Halford,
Budget/Purchasing
H:\WPD0CS%8oard Resolution for MinutssW"U GNR - ES -Resolution to Accept Dallas A=AYE, N=NAY, AO=ABSENT,
ABS=ABSTAIN, U=UNANIMOUS

Board Action
NO TITLE OF RESOLUTION DATE M 1 M 2 CAPRENTER FLOYD KEIGHER LOFTIS PRICE TORBETT WRIGHT VOTE
U
Jan Winters, County Manager
'A.�•6'Y•RP±+}-;t:IN `any rrg ) !n)Ae.Am5f.7lIr1NPAlM81tSnY: t+9ttPI.`iw'Pti•^.n.htWMYOYAMM4`idoTY4RtiNJA`WG'rJ'0{�GYRPIIV1YZnWNs:s3uiwuil/WnwMi+w�luYhlR�•{A%dMM1idk{'AEIRIIHMlNttx'Apda0.N+k'•n hMA+fvi.11tl':;
Friday, May D9, 2003 A�AI'E N•,NAY, ABlG/1BSENT, AQAS•ABSTAIN, W-tINAIWIMOUS

ALDERMEN:
E.r. rRIDAY
JOHN L.BEATY
GREGORY W . CLEMMONS
April 10, 2003
ufnn of Pallao
EST. r863
Mayor Sam C. Rhyne
Mr. C. Dean Parker, Jr., CPESC
Natural resources Conservationist
Gaston Natural Resources Department
1303 Cherryville Highway
Dallas, North Carolina 28034
RE: Interlocal Agreement and Resolution for Soil Erosion and Sediment Control
Dear Mr. Parker:
Please be advised that the Town adopted a "Resolution to Adopt the Gaston County Soil
Erosion and Sedimentation Control Ordinance and Approve the Interlocal Agreement
with Gaston County to Enforce the Ordinance in Municipal Boundaries" at its regular
Board Meeting on April 8, 20030
Please find enclose the Resolution and two (2) copies the Interlocal Agreement. Please
have the Interlocal Agreements executed by
Thank you for your help in this matter.
and return on to the Town.
ALDERMEN:
RICK COLEMAN
HOYLE WITHERS
210 North Holland Streef, Dallas, North Carolina 28034-1798, Telephone [phone]

Apri115I 2003
Or. Nick Vlaservich, Town Manager
Town of Dallas
210 N. Holland St.
Dallas, NC 28034
SUB.IEGT: Interlocai Agreement For Enforcement Services t`�f Gaston County Soil
Erosion And Sediment Control Ordinances
Dear Mr. Vlaservich:
-• > of this document for its file.
i
Uthleen.d

GASTON COUNTY
INTERLOCAL AGREEMENT FOR
ENFORCEMENT SERVICES OF
GASTON COUNTY SOIL EROSION
AND SEDIMENT CONTROL
ORDINANCES
This Agreement made and entered into on the 8 day of April, 2003, by and between
Gaston County a corporate and political body and a subdivision of the State of North Carolina,
hereinafter referred to as "County" , and the Town of Daffas, a municipal corporation having a
charter granted by the State of North Carolina, hereinafter referred to as "Municipality".
WI�'l�jESSETH:
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, fimction, 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 Soil Erosion and
Sedimentation Control Ordinance; and,
WHEREAS, pursuant to N. C. General Statutes 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 Erosion and Sedimentation Control Ordinance in the corporate limits of the Municipality
on the terms and conditions set forth below.
x. Par ose, The purpose of this Agreement is to set forth the terms and conditions for
the Municipality to contract with the County far enforcement services for Gaston 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 April 1, 2003 through March 31, 2004. This
kgreement shallautomatically hereafter
erminated as provided herem,
3. Res»onsibi Ues
A. Municipality. The Municipality agrees to.
(1} allow the County to retain any fees or finds collected in accordance with the
law;
(2) defend all claims against it and its employees for incidents that occur prior
to the day of this Agreement and indemnify and hold the County harmless
from any judgements 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 fiuther agrees to
indemnify and hold the Municipality harmless from any judgements against
the Municipality resulting therefrom, unless the County is not at fault.
B. Coun The County through the County Department of Natural Resources
agrees to:
(1) provide enforcement services for Gaston County Soil Erosion and
Sedimentation Control Ordinance;
(2} seek civil and criminal enforcement of the law when necessary in the
County's discretion;
4. Ceo1*ra�hic and Subiect Matter Jurisdiction. To the fiillest 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 Soil Erosion and Sedimentation Control
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.
�� �: :!a �� �► :. is -i
matter. This aweement 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:.....�-�r�.
William D. Beasley, .._ ` Asst.
Kathleen 1Vr. Gadd, Assistant County Attorney
TOWN OF DALLA5
ATTEST:
E. Vlaservich, Town Clerk

TOWN OF DA.LLAS
STATE OF NORTH CAROLINA APR 2� ,� Lev ,_;�
RESOLUTION
i W OR
1 i i i 1
i 1 1'11h al
WA 1 "i CI 1 ' 1 1 'I
i 1 1 i' I' t1 1 1
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 m GasfonmC6unty; and,
WHEREAS, the costs of poor sedimentation control include higher water treatment costs,
dredging of intake and reservoirs, degraded fish populations, and lower real estate values; and,
WHEREAS, after examining the subject for over a year, the Quality of Natural Resources,
Commission presented recommendations at the April 2001 and February 2002 Commissioners Work
Sessions for Gaston County to adopt a local erosion and sedimentation control program and for the
County's Natural Resources Department to administer the program; and,
' WHEREAS, the Town of Dallas supports the adoption of the Gaston County Soil Erosion and
Sedimentation Control Ordinance by the Gaston County Board of Commissioners to be enforced by the
Gaston County Natural Resources Department; and,
' WHEREAS, pursuant to N.C. General Statutes 155A-122, a municipality may be resolution
permit a county ordinance adopted pursuant to NC statutes to be applicable with the municipality; and,
WHEREAS, pursuant to N.C. General Statutes 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 Town of Dallas adopts the Gaston County
• Soil Erosion ard. Sedimentation Control Ordinance and approves the Interlocat Agreement with Gaston
County to enforce the Gaston County Soil Erosion and Sedimentation Control Ordinance within the
municipality's jurisdictions.
RESOLVED this the 8th day of April, 2003.
J w
.Attest:—
• icholas E. Vlaservich- -