07 E Davidson Interlocal Agreement

STATE OF NORTH CAROLINA STORM WATER MANAGEMENT PROGRAM
INTERLOCAL AGREEMENT
COUNTY OF MECKLENBURG TOWN OF DAVIDSON
AMENDED AND RESTATED STORM WATER MANAGEMENT
PROGRAM EWERLOCAL AGREEMENT
THIS AMENDED AND RESTATED AGREEMENT (hereinafter "Agreement") made as of
by and between MECKLENBURG COUNTY, a political subdivision of the State of North
Carolina (hereinafter "County") and the TOWN OF DAVIDSON, North Carolina, a municipal
corporation of the State of North Carolina (hereinafter "Town"),
WITNESSETH:
WHEREAS, in 1993 the Town and County executed an "Storm Water Management
Program Interlocal Agreement", which Agreement the parties desire to amend and restate; and
WHEREAS, the purpose of this Agreement is to recognized that a single storm water
system exists in Mecklenburg County, and that the goal of the Town of Davidson and
Mecklenburg County is to provide comprehensive storm water services in an efficient, effective,
and equitable manner; and
WHEREAS, North Carolina General Statutes 153A-277 and 160A-314 require that no
storm water service fee may be levied whenever two or more units of local government operate
separate structural and natural stone water and drainage system services in the same area within
a county unless units of local government allocate among themselves the functions, duties,
powers, and responsibilities of jointly operating a single system within the same area; and
WHEREAS,
the Town and County currently have certain
distinct
responsibilities in
connection with the
operation, maintenance and financing of separate
systems;
and
WHEREAS, the purpose of this Agreement is to continue the single storm water public
enterprise created by the parties in 1993 in Mecklenburg County, to allocate storm water
responsibilities, and to establish the method and responsibilities for financing and operating a
single, comprehensive storm water quantity and quality management program in Mecklenburg
County as set forth in the Storm Water Management Plan consisting of policy statements and
cost of service analysis/rate study dated March 31, 1993 (the "Plan').
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
FULFILLMENT OF THE TERMS OF THIS AGREEMENT, THE COUNTY AND TOWN
AGREE AS FOLLOWS:
1. Charlotte -Mecklenburg Storm Water Services —The storm water services to be
provided pursuant to this Agreement shall be conducted as a public enterprise to be known as the
Charlotte -Mecklenburg Storm Water Services.
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2. Major system — The County shall be responsible for administering storm water
management programs on the major system (defined as drainage systems having a watershed
greater than one square mile); operation and maintenance of structural best management
practices when accepted by the County and enforcement of the regulated floodway ordinance,
where applicable in the Town The County shall establish levels of service and cost, prioritize,
schedule, and manage "storm water management programs", as such phrase is defined in G.S.
153A-274(7), related to the major system services (including, but not limited to water quality,
water quantity, the flow of storm water and the prevention of flood losses), and shall be
responsible for financial accounting of associated revenues. The Town hereby allocates
responsibility of providing the major system services within the corporate limits of the Town to
the County.
3. Minor system —The Town, within the corporate limits of the Town as they may
change from time to time as the result of annexation or otherwise, hereby retains responsibility
for administering storm water management programs on the minor system (defined as drainage
systems having a watershed less than one square mile, including those drainage systems intended
for the purpose of conveying public storm water from one side of the street rights -of -way to the
other) and shall manage all activities relating to the minor system. The Town shall establish
levels of service and cost, prioritize, schedule, and manage a "storm water management
program" as such phrase is defined in G.S. 160A-311(10) relating to the minor system within the
corporate limits of the Town (including, but not limited to water quality, water quantity, the flow
of storm water and the prevention of flood losses) and shall be responsible for financial
accounting of associated revenues.
4. Water quality —The Town is responsible for protecting the quality of stone water
runoff and surface waters in the Town to the extent required by the Clean Water Act and
associated regulations promulgated by the United States Environmental Protection Agency
and/or the State of North Carolina, and other laws and regulations that may apply to the Town.
The Town is responsible for protecting the quality of storm water runoff and surface waters in
the Town to the extent required by the Clean Water Act and associated regulations promulgated
by the United States Environmental Protection Agency and/or the State of North Carolina, and
other laws and regulations that may apply to the Town. However, on behalf of the Town, the
County will fulfill the National Pollutant Discharge Elimination System (NPDES) Phase II
Storm Water Permit requirements for the Town and the County provided the Town adopts and
enforces the regulations necessary to support specific Permit requirements. Based on a workplan
agreed to by the County and Town, the County will draft the required NPDES Phase II Storm
Water Permit application(s) and forward to the State for approval. Consistent with the agreed
upon workplan, the County will implement the requirements of the Permit(s) when issued by the
State and provide regular reports to the Town concerning Permit activities and compliance. The
Town will adopt and enforce the necessary regulations/ordinances to support the implementation
of the Permit including but not limited to pollution control and post construction site ordinances.
The County will also monitor general surface water conditions within the County and Town,
respond to citizen requests for service regarding water quality problems and concerns and
enforce applicable local surface water quality regulations. The County will also offer to provide
the same services related to an NPDES Phase II Storm Water Permit to the other Towns in
Mecklenburg County. The County is scheduled to become responsible for protecting the quality
of storm water runoff and surface waters in the unincorporated areas of the County as required
by the Clean Water Act and associated regulations promulgated by the United States
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Environmental Protection Agency and/or the State of North Carolina, and other laws and
regulations that may apply.
5. Personnel Necessary to the Execution of the Undertaking —The County through
its employees, or its independent contractors, shall be responsible for the major system services,
as described in this Agreement. The Town through its employees, or its independent contractors
(not to exclude the County), shall be responsible for the minor system services, as described in
this Agreement.
6. Financing —Pursuant to N.C.G.S. 153A-278 and 160A-314, the County shall
establish, revise, charge, collect, and issue credits against storm water fees for property within
the corporate limits of the Town to provide all or a portion of the storm water services. Storm
water fees shall be a periodic service charge, which shall consist of three components as follows:
i) Fixed and administrative cost component — to pay those expenses that are not
influenced by the amount of impervious area on a parcel of property, including
but not limited to the cost of producing bills and collecting fees, determining
impervious area and operating customer service functions. Funds resulting from
the fixed and administrative cost component of the fees shall be used only for
billing, customer services, and other similar joint storm water activities. By
mutual consent of the Town and County Managers, funds from the major system
cost component and the minor system cost components may be used to pay a
portion of the cost of producing bills and collecting fees and operating customer
service functions.
ii) Major system cost component — to pay those expenses incurred in providing storm
water management programs designed to protect water quality and manage
structural and natural storm water and drainage systems of all types with a
watershed greater than one square mile in drainage area and operation and
maintenance of structural best management practices when accepted by the
County and enforcement of the regulated floodway ordinance, where applicable,
in the Town. The major system cost component of the service charge for detached
single-family residences shall have the number of tiers and associated amounts as
determined by the County consistent with this Agreement and 153A-277. For all
other property, the charge shall be based on a flat amount for each 2613 square
feet of impervious area, and a prorata share for each portion thereof. Revenues
from the major system cost component shall be distributed to the County for
appropriation to the County for usage in the Mecklenburg County Storm Water
Special Revenue Fund.
iii) Minor system cost component — to pay those expenses incurred in providing
storm water management programs designed to protect water quality and manage
structural and natural storm water and drainage systems of all types with a
watershed of less than one square mile. The minor system cost component of the
service charge for detached single-family residences shall have the number of
tiers and associated amounts as determined by the County consistent with this
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Agreement and 160A-314. For all other property, the charge shall be based on a
flat amount for each 2613 square feet of impervious area, and a prorata share for
each portion thereof. Revenues from the minor system cost component collected
within the corporate limits of the Town shall be distributed to the Town for the
exclusive use of providing minor system services within Town corporate limits.
Each year during the budget process, but no later than April 15, the Town shall
inform the County if it wishes to alter the minor system cost component of the
service charge. If the Town requests that the County alter the minor system cost
component of the service charge levied within the corporate limits of the Town,
the Board of County Commissioners shall schedule and hold a public hearing on
the proposed alteration in the service charge. The Town Manager of the Town of
Davidson, or designee, shall attend the County's public hearing, make any
necessary presentations, inform the public of the date for the Town's public
hearing on the proposed alteration, and answer.questions. The County shall send
the Town Clerk the minutes of the public hearing for distribution to the Mayor
and members of the Town Board. In addition, the Town Board shall schedule and
hold its own public hearing on the proposed alteration in the service charge.
Following the public hearings, the Board of County Commissioners shall alter the
minor system cost component of the service charge to be levied within the Town
after it receives notification from the Town governing body of the desired
Iteration in the minor system cost component of the service charge. The Board
of County Commissioners and Town Board shall attempt to schedule the public
hearings before May 30 so that changes made in the minor system cost
component can be placed into the budget for the next fiscal year.
In the event a change is requested separate from the annual budget process, the
County shall conduct such public hearings, and if necessary, do so jointly with the
Town, and take such other measures as required by the North Carolina General
Statutes to establish new charges within sixty (60) days of the Town's request.
iv) The fees, which will be levied against the Town, will consist of three service
charges as follows:
(a) A fixed cost service charge calculated as indicated above; and
(b) a major system cost component service charge based upon the sum of the
total impervious area in the dedicated street rights -of --way in the Town,
except for rights -of --way of State maintained highways, and on all other
properties (i.e. non -single family residential properties) owned by the
Town based on a flat amount for each 2613 square feet of impervious
area, or fractional part thereof; and
(c) a minor system cost component service charge based upon the sum of the
total impervious area on all properties (i.e. non -single family residential
properties) owned by the Town based on a flat for each 2613 square feet
of impervious area, or fractional part thereof. The Town's minor system

cost component service charge shall be distributed to the town in
accordance with this Agreement.
If sufficient documentation can be provided by the Town, as gle bill can be sent
for all fees owed by the Town containing a single fixed cost.
7. Credits —Properties subject to storm water service charges may be granted credits
against the fee in accordance to the credit policy approved by the Mecklenburg County Board of
Commissioners for Charlotte — Mecklenburg Storm Water Services. The credit shall be applied
to charges for both the major and minor system. The County hereby retains the responsibility for
reviewing and approving credit applications within the Town for both the major and minor
systems cost components of the service charge.
8. Billin¢ — Pursuant to NCGS 153A-277 and 160A-314 under this Agreement the
County has primary responsibility for billing and collecting storm water service fees. As of the
date of this Agreement, for the storm water accounts that are also billed water/sewer charges
from Charlotte -Mecklenburg Utilities, the fees shall be billed with and at the same frequency as
Charlotte -Mecklenburg Utilities water/sewer charges. For storm water accounts that are not
billed water/sewer charges from Charlotte -Mecklenburg Utilities, the fees shall be billed at a
minimum of once a year.
9. Customer Service —The existing customer service function (using 311) operated
by the City of Charlotte Customer Service Center shall continue to receive storm water
comments, complaints, and requests for service from any source throughout the County
10. Town's Obligations —Town agrees to enact any ordinances or regulations which
the County may request Town to enact in order to enable County to carry out its responsibilities
to provide a comprehensive storm water management program within the Town and to enable the
Town to fulfill its responsibilities under the NPDES regulations and the NPDES Permit to be
issued for the Town. Town hereby grants County the right to go upon the rights -of --way of
streets within the Town which have been accepted for dedication by the Town for purposes of
carrying out its responsibilities hereunder.
11. Indemnity of Town —County agrees to indemnify and hold Town harmless from
and against any and all claims, liaties, damages and expenses, including attorneys fees,
arising from the Town's participation in the storm water public enterprise, from actions taken by
the County under this Agreement, or from the Town's enacting any ordinances or regulations it
is required by the County's Storm Water Management Plan to enact. Town agrees to indemnify
and hold County harmless from and against any and all claims, liabilities, damages and expenses,
including attorney's fees, arising from the Town's operation and maintenance of the minor
system in the Town and from any failure of the Town to enact or properly enforce any
regulations or ordinances required by the NPDES Phase II Storm Water Permit for the Town.
12, Town's Right to Oppose —Town reserves the right to oppose decisions by the
County as to the location or proposed location for storm water facilities (lakes, ponds, etc.).
Such opposition would not, however, relieve the Town or County from its obligations under this
Agreement.
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13. Storm Water Advisory Committee
Representation
— A nine -member citizens
advisory
committee has been established with representatives of the following categories:
■
schools, colleges, hospitals, or churches —1 member (individual to be employed full
time by the institution or be a board member or officer of the institution);
■
industry, manufacturing, or commercial —1 member (individual to be employed full
time in the management and/or operation of industrial, manufacturing, or commercial
property);
■
environmental organizations —1 member (individual to be a member of a generally
recognized organization involved in environmental issues);
■
financial, accounting, or legal professional —1 member (individual to be employed
full time in providing financial, accounting or legal services);
■
developer or land development design professional —1 member (individual to be
employed full time in land development or the design of building or land
improvements);
■
general contractor —1 member (individual to be employed full time as a construction
contractor);
■
residential neighborhoods — 3 members (individuals shall not qualify for one of the
other categories).
The members shall be appointed as follows:
■
3 members by the Charlotte City Council;
■
3 members by the Mecklenburg Board of County Commissioners;
■
1 member by the towns in the northern part of Mecklenburg County as determined by
the northern towns;
■
1 member by the towns in the southern part of Mecklenburg County as determined by
the southern towns; and
■
1 member by the eight previously appointed members above.
The ninth member appointed by the Committee must represent the category not filled by the
City, County or Town appointments. The members shall serve staggered, three-year terms such
that three members are appointed each year. Each member's term of service shall begin on a
July 1 and end on a June 30 for the staggered three-year terms of service. If a member is not
appointed by July 1, his or her term will nevertheless end on June 30 three years after the
intended July 1 appointment. The categories of the three members to be appointed each
successive year shall be allocated to the City, County, and Towns or Committee by lottery. In
the event a jurisdiction cannot identify a candidate for the category assigned by the lottery, a
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'residential neighborhood' representative may be appointed. The Committee position will revert
back to the assigned category at the expiration of the term.
As of the date of this Agreement, the Town of Cornelius appointed the current Northern Towns
Representative to the Storm Water Advisory Committee. At the conclusion of the current term,
the Town of Huntersville will have the right to appoint the Northern Towns Representative for a
three year term, to be followed by the Town of Davidson having the right to appoint the Northern
Towns Representative for a three year term, and then rotating back in the same order. As of the
date of this Agreement, the Town of Pineville appointed the current Southern Towns
Representative to the Storm Water Advisory Committee. At the conclusion of the current term,
the Town of Mint Hill will have the right to appoint the Southern Towns Representative for a
three year term, to be followed by the Town of Matthews having the right to appoint the
Southern Towns Representative for a three year term, and then rotating back in the same order
No member may be appointed to more than two full or partial terms. Any member who fails to
attend at least seventy-five percent of the regular and special meetings of the Committee during
any calendar year shall be automatically removed from the Committee. The Committee shall
select a Chairperson each year from its own members by majority vote. Each member will
continue to serve until 1) his or her term has expired and a successor has been appointed; 2) his
or her resignation; or 3) his or her removal. If a vacancy on the Committee occurs resulting from
resignation or removal, a person will be appointed to complete the unexpired term associated
with such vacant position in the same manner as such position was originally filled. The
successor must represent the same category.
A majority of the membership constitutes a quorum. Every action of the Committee requires the
concurring votes of at least five members. The Committee may adopt its own rules of procedure,
which may not be inconsistent with the terms of this Agreement. The responsibilities of the
Advisory Committee shall include, but not be limited to Policy; Capital Improvement
Program/Budget; Operations Program/Budget; Storm Water, Water Quality and Erosion Control
Appeals and Variances, where applicable in the Town.
14. Ownership of Real Properiy Involved in Undertaking —Town shall have no
ownership in any real property acquired by County in providing major system services, and the
County shall be free to dispose of such real property to the extent under procedures allowed by
State law. County shall have no ownership in any real property acquired by the Town for the
operation of the minor system, and the Town shall be free to dispose of such real property to the
extent and under procedures allowed by State law. However, the Town and County shall
cooperate with each other by granting access to property when necessary for operation of the
major and minor systems.
15: Methods of Amending the Agreement —This Agreement may not be amended
except by subsequent written agreement authorized by the governing bodies of each party and
signed by authorized representatives of both parties.
16. Term of Agreement —Methods of Terminating the Agreement —The initial term
of this Agreement shall be from July 1, 2009 to June 30, 2010, and shall be automatically
renewed each fiscal year thereafter unless notice of non -renewal is given in writing at least 18
months prior to the beginning of the fiscal year when termination is intended. For example, the
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parties agree that if the notice of non -renewal were given prior to January 1, 2010, this
Agreement would terminate on June 30, 2011. This Agreement may also be terminated by court
order upon the finding that there has been substantial breach of this Agreement by the non.
complaining parry so as to entitle the complaining party to be relieved on its obligations under
this Agreement. The County agrees that in the event this Agreement is terminated, the County
will continue to maintain any BMP's which it is maintaining within the Town at the time until
the BMP's are no longer operating or in existence, provided that after the termination of this
Agreement, the County is fully compensated for its cost of maintaining such BMP's by the
owners of the property which is served by the BMP's. The County is authorized by the Town to
assess such costs on such property owners.
17. Enforcement of Agreement — The parties agree that the remedy of specific
performance would be an appropriate remedy, among others, for the enforcement of this
Agreement.
18. Entire Agreement —This Agreement is the entire agreement of the parties.
1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written by the authority duly granted by their respective
governing bodies.
TOWN OF DAVIDSON
Mayor
(SEAL)
MECKLENBURG COUNTY
Chaiman, Boar,t of Commissioners
i
(SEAL)
APPROVED AS TO FORM APPROVED AS TO FORM
N6 P A�DI'� RE SJHR �
Page 8 of 9 BYc
DIRECTOICOF F6NA E

�C
Town Attorney
This instrument has been pieaudited
in the manner required by the Local
Government Budget and Fiscal Control
Act.
6L2.c
Director of Finance
Town of Davidson
Agreemenfs/Storm Water Inter[oca/June 9, 2009
This insument has been preaudited
in the manner required by the Local
Government Budget and Fiscal Control
Act.
Director of Finance
Mecklenburg County
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