NCS000397_Newton Catawba CO ESC Agreement_20200117

INTERLOCAL AGREEMENT 43 - +)oo - d3q
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 6`h day of August, 2019, 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 Newton, 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 the 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 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 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 September 1, 2019 through August 31, 2020. 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:
(I) 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 through the County Department of Utilities and
Engineering agrees to:
(I) 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's
discretion;
4. Geographic And Subject 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 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
Mick Berry, County Manager
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CITY OF NEWTON _
Todd Clark, City Manager
APPROVED AS TO FORM:
Attorney for the County

THIS INSTRUMENT has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act as amended.
Date:
Director of Finance
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