NCS000540_Interlocal Agreement with Iredell County Erosion Control_20220524

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INTERLOCAL AGREEMENT
NORTH CAROLINA INTERLOCAL AGREEMENT FOR
ENFORCEMENT SERVICES OF
IRRDELL COUNTY IREDELL COUNTY SOIL EROSION
AND SEDIMENT CONTROL
ORDINANCE
This Agreement made and entered into on the --day of /
-/$� 2009, by
and between IREDELL COUNTY a corporate and political body ana a'subdivision of the State
of North Carolina, hereafter referred to as "County", and the TOWN OF MOORESVILLE, 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 and -extraterritorial boundaries of the Municipality for Iredell
County Soil Erosion and Sedimentation Control Ordinance; and,
WHE RE, AS, pursuant to N.C. Gen Stat. Chapter 160A, Article 20 upon official request
of the governing body of any municipality within the County, the Iredell 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.
NOW, THEREFORE, it is agreed by the parties hereto that the County through the
Iredell County Department of Planning and Development will provide enforcement services for
Iredell County Soil Erosion and Sedimentation Control Ordinance in the corporate and
extraterritorial 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 allow the County to enforce the Iredell County Soil Erosion and
Sedimentation Control Ordinance inside its corporate and extraterritorial limits and to confer to
the County the necessary geographical and subject matter jurisdiction to carry out the intent of
this Agreement.
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2. Term. The term of this Agreement is July 1, 2009 through June 30, 2010. This
Agreement shall automatically renew each year hereafter for successive one year terms unless
terminated as provided herein.
3. Responsibilities.
A. Munici2a . 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 Eredell harmless
from any judgments arising out of incidents occurring prior to the date of
this Agreement.
B. County. The County through the County Department of Planning and
Development agrees to:
(1) provide adequate personnel and other resources for enforcement services
of the Iredell County Soil Erosion and Sedimentation Control Ordinance;
(2) seek civil and criminal enforcement of the law when necessary in the
County's discretion;
(3) defend all claims against the Municipality arising out of enforcement or
potential enforcement of the Iredell County Soil Erosion and
Sedimentation Control Ordinance that occur from and after the date of this
Agreement.
(4) give timely notice to the Municipality of any claim that may expose the
municipality to liability, whether under an indemnification clause or
otherwise, arising from enforcement or potential enforcement of the
Iredell County Soil Erosion and Sedimentation Control Ordinance; in such
case, the Municipality may, at its cost, participate in the defense of any
such claim.
(5) provide educational and training materials for construction site operators
and establish public information procedures developed by and in
accordance with any future NPDES Phase II requirements.
(6) address erosion and sedimentation problems on individual building lots
regardless of size through education and/or enforcement measures.
4. Geographic And Subject qatter 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 Iredell County Soil Erosion and Sedimentation Control
Ordinance as adopted by Iredell County Board of Commissioners and approved by the State of
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North Carolina Sedimentation Control Commission, and the County accepts the authority herein
grant ed 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. Personnel. The County shall appoint all personnel necessary to the provision of
services under this Agreement and any renewals hereof
6. Financm . In consideration of retaining any fees or fines as provided for in Section
3A. (1) above, the County shall be solely responsible for financing performance of its
responsibilities under this Agreement,
7. Amendment. This Agreement may only be amended in writing upon the signature of
both parties. No oral agreements or resolutions shall have any effect.
8. Termination. This ARreement may be tenninated by either party upon the giving on
one hundred, eighty days (180) notice of termination.
9. 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.
IREDELI, COUNTY
B
Joel Mashburn, County Manager
TEST'
ean Moor Cler to the Bo�ard
This instrument has been preaudited in the
manner required by the Local Government
Budget and Flecal Control AcL
koda"4.
Financio—ftw
TOWN OF MOORESVILLE
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ATTEST:
Clerk
APPROVED AS TO FORM:
William P. Pope, Attorney Or/he County
APPROVED AS TO FORM:
Stephen P. Gambill, Attorney for the Town
THIS INSTRUMENT has been preaudited in the manner required by the Local Government
Budget and Fiscal Control Act as amended.
V161of '�W" k&WWz4&i'
Susan Blumenstein, Director of Finance
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TOWN OF MOORESVILLE
ATTEST:
Janet Pope, Clerk
APPROVED AS TO FORM:
-��) 4.
Stephen P. Gambilf, Attorney for the Town
THIS INSTRUMENT has been preaudited in the manner required by the Local Government
Budget and Fiscal Control Act as amended.
Susan Blumenstein, Director of Finance
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