NCS000429_Interlocal Agreement Erosion Control_20220330

r
NORTH CAROLINA
GASTON COUNTY
INTERLOCAL AGREEMENT FOR
ENFORCEMENT SERVICES OF
GASTON COUNTY SOIL EROSION
AND SEDIMENT CONTROL ORDINANCE
This Agreement made and entered into on tho��day of .2003, by
of
and between GASTON COUNTY, a corporate and political body a subdivision
the State of North Carolina, hereafter referred to as "County" and the CITY OF
GASTONIA, a municipal corporation having a charter granted by the State
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 Gaston County Soil
Erosion and Sedimentation Control Ordinance; and
WHEREAS, pursuant to N.C. General Statute Chapter 160A, Article 20, upon official
request of the governing body of any municipality within the County, the Gaston County
Board of Commissioners may be '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 Gaston 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
Gaston County Department of Natural Resources will provide enforcement services for
Gaston 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 Gaston 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 April 1, 2003, through
March 31, 2004. This Agreement shall automatically renew each year
thereafter for successive one (1) 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 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 Natural
Resources agrees to:
(1) provide enforcement services for Gaston 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
Gaston County Soil Erosion and Sedimentation Control 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 faithfully to perform the duties and responsibilities
implied by the acceptance of this grant subject to the terms and conditions
of this Agreement.

t
S. 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 specially mentioned. If any
part of this Agreement is held invalid such decision shall not render the
document invalid.
IN WITNESS WBEREQF, 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.
• GAS.TON-CO Y
. William D. Bead y,� ` _ Asst. County Manager
' 'T:
Martha M. Jordan, Cl k to e o
���
APPROVED AS TO FORM:
o\,,
Kathleen M. Ga d, Asst. County Attorney
ATTEST:
/)0"
Clerk
Agree959
GASTONIA