NCS000449_SW InterLocal Agreement Executed_20220111

CONTRACT CONTROL COVER SHEET IM JU4
Contract
Department:
Department Director Sign -Oil _
Vendor: !L
Vendor Address: i S JU
Address
Vendor's Contact Person &Phone #:
ContractlAgreement Funded Througk:
} Federal Grantor
} State Grantor
} Local Funds
} Other
Responsible for payment of contractlagreelttent:
Department Name Project Number
Account Plumber:
Fund Dept Subdept Division Account 5ubacrt
Total
Cash outlayicapped amount:
Frequency of Payments: ()Monthly ()Quarterly
( ) Annual ( )Progress Billing ( )Others
t :ity State Zir
Contract/Agreeyrent Far:
Service ( ) Equipment ( ) Outer:
Co tractfAgreement is:
jNew
{ ) Renewal — Original Contract #
( )Amendment -Original Contract 4"
E
ffective Date: q Z.t��
Te
rmination Notice hair.
Ex
piration Date:
County Aftarney's Use Oniy:
Date Approved as to form: �' -- By:
Routed for Approval and Signature:
Finance Director for Pre -Audit Certification:
County Manager for Signature:
Clerk to the Board oi' Commissioners
Species Instructions:
Record Retention Date:
(Date by �trhich agreement maybe destroyed)
S,120107 (Data)
(Date)
B}:
(Date)
Contract Control No. :i'—

NORTH CAROLII�A
GASTON COiJNT I
INT1uRI.C19UAL AGREE1VlEN I FOR
ENFORCEMENT SERVICES OF
GASTON COUNTY STORMWATER
ORD3NANCE
This Agreement made and entered into on the Ss' day of June, 20W, by and between. GASTON COUNTY
a corporate and political body and a subdivision of the State of North Carolina, hereafter referred w as °County",
and the TOWN OF CRAMERTON, a municipal corporation havir$ a charter granted by the State Of NIDYth
Carolina, hereinafter referred to as "Municipality".
WITII�ESSTTH:
WHEREAS, Article 20 of Cl apter 1 b0A of the North Carolina General Statutes authorizes the contractua4
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 11�unicipal4ty has requested that fhe County provic4e ertforcerrrent services within the
corporate boundaries of the Municipality for Gaston County Stormwater Ordinance; ardd,
WHEREAS, pursuant to N.C. Gen Scat. Chapter 160A, Article 2Q upon official request afthe 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
unicipal
Mgoverning body officially withdraws its request; and,
WHEREAS, the Gaston County Board of Commissioners Lpon 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 I�latura! Resources will provide enforcement services `_or Gaston County Stoi water 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 tl�e terms and conditions for the Municipal;iy to
contract with the County for enforcement services for Gaston County Stormwater Ordirance 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 terra of this Agreement is July 1, 2007 through June 30, 2008. 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:
(1) allow the County to retain any fees or fines colleEted in accordance with the law;
(2) defend all claims against it and its employees for mcideats 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 trot at fault.
B. County, The County through the County Department of ?natural Resources agrees to:
(1) provide enforcement services for Gaston County Stormwater Ordinance;

J
{2) seek civil and criminal eaforcernent of the law when necessary in the County's discretion;
4. Geographic And Subject Matter Jurisdiction. i o the fullest extent permitted My the Saws flf the State
of North Carolina and the United States, the Municipality hereby grants to the County the authority to enforce the
Gaston County Stonnwater 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 faithUy 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 upaQ the signature of {loth parties. No
oral agreements or resolutions shall have any effect,
4. Entire A reentent. This Agreement is the only agreement between the parties and contains all the
tems 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.
I1V WITNESS WHEREf)F, the parties hereto fzave caused this Agreement to be executes3 in dssplicafe for
themselves for their duly authorized officers of the clay and year first above written.
Martha M. J
Sam Shan#C�, Assistaut County Attorney
Lu.t(r'irr A. Ellis, Town Clerk
Fite: Stormswater-Interlocal Agreemont.mit
GASTON Ct7U1�1TY
Phillipnnde
County
Asst.
CRAMER'TOl�
Ronald ia. Murphy, Ivlayar
g/141Q�S

TOWN OF CRAMERTON RESOLUTIQj1 T© Al?OP £ THE GASTQN COUM I X
STORMWATER ORDINANCE AND APPROVE THE INTERLOCAL
AGREEMENT WITH GASTON COUNTY TO ENFORCE THE ORDINANCE
IN MUNICIPAL BOUNDARIES
WHEREAS, a maj or challenge facing our region is the protection of the quality of our water
resources in the face of explosive grawth; and
WHEREAS, construction runafl' and urban stormvrater are the primary non -point sources of
pollution in Gaston County; and
WHEREAS, the costs of poor stormwater control include higher water treatment costs,
degraded fish populations, and lower real estate values; and
WHEREAS, after examining the subject for over a year, the Qua4zty of Natural Resources
Commissioa at their March 2007, voted to recommend that Gaston County
adopt a local stormwatcr control program and for the County's Natural
Resources Department to administer the program; and
WHEREAS, the Town of Crarnerton supports the adoption of the Gaston County Storrz�water
Ordinance by the Gaston County Board of Commissioners to be enfarced by
the Gaston County Natural Resources Department; and
WHEREAS, pursuant to N.C. Gen. Stat. §153A-122, a Town may, by resolution, permit a
county ordinance adopted pursuant to North Carolina General Statutes be
applicable within the Town; and
WHEREAS, pursuant to h1.C. Gen. Stat. §16t?A-4ti1, any unit oflocal government in this State
may enter into contracts or agreements with each other in order to execute
any undertaking.
NOW, THEREFORE, BE TT RESOLVED that the Town of Cramerton adopts the Gaston
County Stormwater Ordinance and approves the Interloca3 Agreement with tsastan County to
enforce the Gaston County Stormwater Control Ordinance within the Town's jurisdiction.
RESOLVED this the 5`h day of June 2007.
G. Murphy,
aura r.�—�•��..�—.�F�,

��!!lll�lll����Ill��ll�llll{ll�i�f1��
aoc rot 011964110019 Tme; MD
riecorded: 07/3112007 at 00:54:28 Pn
Fee Amt: S0.00 Pape i of i9
instr# 2013700005539
rastong NO
Susan S. Lockridge Register or Deeds
sag PG790M8
RECORDING FEE
RESO�.UTr<C3N '�TLE: NATURAL RESOURCES - AD©�T�QN F4 GASTON
COUNTY STORMWATER ORDINANCE
WHEREAS, on April 12, 2W71 the Gaston County Board of Commissioners adopted the Gaston County
Stormwater Ordinance per Resolution 2007448 to he submitted to North Carolina
En
vironmental Management Commission; and,
WHEREr1S, the changes have been submitted to tf�e Narfh Carolina Environmental Management
Commission for its approval and said approval was granted on July 12, 2007as set forth in
the attached document; and,
W1-tEREAS, to complete the process, per North Carolina General Statute$, tice Gaston County 13aard of
Commissioners is required to adopt the ordinance as approved by the North Carolina
Environmentat Management Commission,
NOW, THEREFORE, BE {T RESOL.YED ttrat tSse Gaston Cour�tY Board of Commissioners:
4) Rescinds the Gaston County Stormzvater Orciittanc.e adopted an April 12, 200i'r
2) Adop#s the attached Gaston County Storrnwater Ordinance pursuant to North CaFfllina
General Statutes rot as approved bythe A{orthCaj 0011a rzoviroRmental Management
Commission;
3) This Ordkrtance is effective upon its adoption;
4) The Clerk to the Board is requited to forward the Ordinance to tbs Register of ids
to be officially registered.
D8 f�tUT T
f, Matbha M..Condary Clerk to theCow�tyr Conss►i�iosf, do
by the Board of Commissioners as fofTows;
NO. DATE M9 I[A'2
2007-271 7i2ti/2t}t37 TK >'F
certif7 first tip above
CARPENTER FLQ�D Ki=JGHER BRDWN
A=AIE, N=NA`!, AB=/I�SEN7, AB�AESTAIN, l3=UNAN2n6WS

GASTON COUNTY COUNTY MANAGER
128 W. MAIN AVE. TELEPHONE: [phone]
P.O. BOX 1578 FAX.666WRIA'A S OFFICE
GASTONIA, NC 280531578
�IAU0zu Ais3$
August 4 3, 2�07
MEMORANDUM
"Anil ,"lis, cizex
TQ:
FROM: Samuel J. Shames, Asst. County Attorney
SUSJECT: Stormwater Ordinance Enforcement Services nth Toarun t�f Cramert�n
At#ached is a fully -executed original of the aborre document. I
fertheirfife, The County has retained an original signature copy.
cc: Wilson i_. Bradley ill, Finance Director
Attachments
FEMEMOTODEPARTMENTTNEYSEND
1ilission Strrtpmenl
Gaston County seeks Ja be among tltefrnestcounties in �arih earolix� It will provide effective, efficient axd affordable
services leading la a safe, secure and healthy community, an environment for economic growth, and�rromale a farrorabte
quality of i k