07 F Huntersville Interlocal Agreement

STATE OF NORTH CAROLINA STORM WATER MANAGEMENT PROGRAM
INTERLOCAL AGREEMENT
COUNTY OF MECKLENBURG TOWN OF HUNTERSVILLE
AMENDED AND RESTATED STORM WATER MANAGEMENT
PROGRAM INTERLOCAL AGREEMENT
THIS AMENDED AND RESTATED AGREEMENT made as of July %J c c , by and
between MECKLENBURG COUNTY, a political subdivision of the State of North Carolina
(hereinafter "County") and the TOWN OF HUNTERSVILLE, 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 Huntersville 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 storm 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,
Page 1 of 8

2. Ma or system -The County shall be responsible for providing County -wide
services consisting of operation and maintenance of 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 a "storm water management program", 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, and the flow of storm water), 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 as
they may change from time to time as the result of annexation or otherwise 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 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). 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. 166-311(10) relating to the minor system within the corporate limits of the Town
(including, but not limited to water quality, water quantity, and the flow of storm water) -and
shall be responsible for financial accounting of associated revenues.
4. Water auality -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 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
Undertakine
-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
Page 2 of 8

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 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, and operating customer service
functions. Funds resulting from the fixed 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 a
storm water management program (master planning, operations, maintenance, etc)
.for streams 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 shall be a flat amount for single family residences (regardless of the
amount of impervious area on the property); and for all other property, 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 a
storm water management program (master planning, operations, maintenance, etc)
for drainage systems with a watershed of less than one square mile. The minor
system cost component of the service charge shall have two rates for single family
residences, one amount for those with less than 2,000 square feet of impervious
area, and a higher amount for those with 2,000 square feet or more. 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.
At the Town's request, the County will provide minor system services to the
Town. These services may include, but are not limited to, inspection,
construction, construction management, and water quality services. Prior to the
time the County provides such services, the Town and the County must approve a
work plan and budget for the services. By April 1 st of each year, the County will
invoice the Town for services rendered during that fiscal year. Payment to the
Page 3 of 8

County is due from the Town within 60 days of the invoice. The Town may pay
for such services from revenues generated from the Town's minor system cost
component of the storm water fee.
Each year during the budget process, but no later than February 1st, the County
shall ask the Town 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 a joint public hearing on the
alteration in the service charge at a time which is mutually convenient. Following
the hearing, 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
notiflcation from the Town governing body of the desired alteration in the minor
system cost component of the service charge. The Board of County
Commissioners shall attempt to schedule the public hearing before May 15 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 (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 residenfial
properties) owned by the Town based on a flat amount for each 2613
square feet of impervious area, or fractional part thereof.
If sufficient documentation can be provided by the Town, a single 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 maybe 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.
Page 4 of 8

8. Billine — 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 336-RAIN)
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 reasonably 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, liabilities, damages and expenses, including attorney's 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.
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. 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 "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
Page 6 of 8

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 and Erosion Control Appeals,
14. Ownership of Real Property Involved in Undertalcin� —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, 2002 to June 30, 2003, 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
parties agree that if the notice of non -renewal were given prior to January 1, 2003, this
Agreement would terminate on June 30, 2004. 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 party 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 either by the
Town or by the owners of the property which is served by the BMP's.
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.

IN 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 HUNTERSVILLE
Mayor
(SEAL)
LI
T Nn Clerk
APPROVED AS TO FORM
ILSIMilwaWliso
This instrument has been preaudited
in the manner required by the Local
Government Budget and Fiscal Control
cr of Finance
of Huntersville
of Commissioners
(SEAL)
0
Cl'e k to the Board
APPROVED AS TO FORM
County Attorney
This instrument has been preaudited
in the manner required by the Local
Government Budget and Fiscal Control