NCS000424_Agreement with Henderson County_20100809

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
AGREEMENT FOR STORMWATER ENFORCEMENT & ADMINISTRATION ASSISTANCE
THIS AGREEMENT, made and entered into this the day of Au2010, by and
between, the Henderson County, herein and after referred to as the Henderson County and the Town of
Fletcher, a duly incorporated North Carolina municipality within Henderson County, hereinafter
"Municipality".
WITNESSETH:
WHEREAS Henderson County is a body politic protecting the water resources of Henderson County and
promoting uniform enforcement of related regulations;
WHEREAS, management of stormwater is important to protect our water resources and public and private
property;
WHEREAS, environmental stability is crucial to ensure the economic and ecological strength of the
County;
WHEREAS, uniformed & centralized enforcement efforts in the County and its municipalities will provide
for consistent procedures throughout the County;
WHEREAS Henderson County has the expertise and ability to enforce the regulations within the
Municipality;
WHEREAS the Municipality is desirous of County enforcement of these regulations within the municipal
jurisdiction.
NOW THEREFORE, for mutual consideration and promises, the Henderson County and the
Municipality agree as follows:
Henderson County will enforce and administer the Municipality's stormwater regulations, which
address post -construction runoff, within Municipality's boundaries including but not limited to:
a. Enforcement
b. Administration
c. Inspection
d. Investigation of complaints and violations
e. Review of plans and permit applications
2. Henderson County shall enforce the Municipality's ordinances regarding stormwater that address
post -construction runoff, hereinafter "stormwater regulations". Where there is a conflict between
municipal law and state or federal law, the County shall follow the stricter of the regulations
where legally possible. The Municipality shall not determine which law to follow where there is
conflict with other law and any questions shall be directed to the Henderson County Office of the
County Attorney.
3. The delegated county administrator, as designated by the County Manager, shall be responsible for
administration and enforcement of the stormwater regulations within the Municipality. S/He and
related staff shall have the authority to make decisions on the stormwater regulations within the

Municipality. Appeals under the Municipal ordinance shall be heard by the appropriate Municipal
appellate board. Other than in the instance of appeal the Municipal government shall not have the
authority to mandate enforcement, administration or other duties described under Section 1.
4. The Municipality must notify the County of any amendments to its ordinance.
5. The Henderson County Manager, or their designee, is authorized to sign the contracts necessary for
enforcement of the specified stormwater regulations, or portions thereof, within the municipal
jurisdiction.
6. Enforcement and administration of the stormwater regulations will commence on the later date of
either September 1, 2010 or upon approval by the County and applicable municipality.
7. In lieu of direct payment by the municipality, Henderson County shall retain all fees and fines
collected to offset program costs. Additional and future costs of the program may be reimbursed
by the Municipality upon later written consent of both parties. It is intended that the permit fees
retained by the County will cover the cost of administration and enforcement,
8. Any criminal or civil penalties or injunctive relief under the specified stormwater regulations will
be requested by Henderson County on behalf of the municipality.
a. These enforcement measures will be initiated by the applicable administrator in conjunction
with the Henderson County Attorney's Office.
b. Any funds received from the enforcement and administration of the stormwater regulations
are retained by the County to offset enforcement costs.
The County has full discretion in determining any litigation, whether criminal,
administrative, or civil, initiated by the County under the Municipal stormwater
regulations. The Municipality shall not make decisions regarding the litigation including
but not limited to; initiation, type of case, penalties assessed, settlement, or litigation
strategy.
9. Amendments, changes, deletions may be made to the Agreement upon the written consent of both
parties.
10. This is the entire agreement between the parties and there are no terms, conditions, representations
or warranties relating to the work to be performed hereunder which are not specifically set forth
herein.
11. This Agreement shall run indefinitely unless terminated in writing by either party. The Agreement
may be terminated with or without cause by either party with 120 days written notice to the other
party.
12. This Agreement is expressly non -assignable without prior written consent and approval by the non -
assigning parties. This Agreement may not be continued by a successor to either party without the
prior written consent of the non-moving parties.
13. The singular of any term used in this Agreement shall include the plural, and the masculine shall
include the feminine and vice versa.

14. The laws of the State of North Carolina shall govern the validity of this Agreement, its
interpretation and performance, and any other claims related to it.
15. If any of the provision contained in this Agreement are held for any reason to be invalid, illegal,
or unenforceable in any respect, such as invalidity, illegality or unenforceability will not affect
any other provision, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
16. This Agreement gives no rights or benefits to anyone other than the County and the Municipality.
IN WITNESS WHEREOF, the Municipality and Henderson County have duly executed this
agreement as of this theZ+t6day of � 2010.
F ENDERSON COUNTY
BY:
teve Wyatt, County Manager
ATTESTED BY:
Cal [CORPORATE SEAL]
Clerk
Municipality
BY:
k Bil)jef•21orf, Town Manager
01
ATTESTED BY: ,���,�©AGO R�
Cc�zPOR01
�rE s�4
1�< �m:o
Christine Thompson Town Clerk = 2
f tt% r9 n_
This instrument h en preaudited in the manner re red' ,��ipv`�� Government Budget and Fiscal Control Act.
o,., v c G
C1,7111cLelland, Henderson County qnance Director
This instrument has been preaudited in he manner required by the Local Government Budget and Fiscal Control Act.
dakoz
Heather Taylor, Town +letcher Finance Officer

A)--- --,*
STATE OF NORTH CAROLINA
COUNTY OF a t y-
I, ][ ( ( � A ), j� �j� , Notary Public for said County and State, certify that Steve
Wyatt personally came before me this day and acknowledged that he is the County Manager for
Henderson County, a body politic and that by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by himself as County Manager.
THIS the : Y-Aay of , 2010
Notary Public
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
[NOTARIAL SEAL]
MUNICIPALITY
I, � 7�p5or) Notary Public for said State and County certify that Mark
Biberdorf, Fletcher Town Manager, came before me this day and acknowledged that he/she is the Town
Manager of the Town of Fletcher, a municipal corporation and that by authority duly given and as the act
of the corporation, the foregoing instrument was signed in its name by her/himself as Town Manager,
TINS the day of 5- - 201
Notary Public
My Commission Expires: )i3 j