WSMU_ARCL_WSWP Other Info_20210204 (2)

AGREEMENT BETWEEN THE TOWN OF ARCHER LODGE
AND THE COUNTY OF JOHNSTON CONCERNING STORMWATER
MANAGEMENT
This Agreement dated as of the _k-4,4 day of &Ialwv-_, 2012 and entered between
the Town of Archer Lodge (hereinafter "Town") and the County of Johnston (hereinafter
"County"). In consideration of the mutual promises and covenants contained herein and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. The purpose of this agreement is to ensure that new development in the corporate
limits and ETJ area of the Town is subject to stormwater management.
2. Pursuant to G.S. 160A-360(d), the Town's Council has requested that the County
exercise its authority to regulate stormwater management and enforce the
County's Stormwater Ordinance in all areas lying within the Town's corporate
limits and its area of extraterritorial jurisdiction, and the County agrees to do so.
3. The Town and County agree that stormwater management plan review fees shall
be submitted by developers directly to Johnston County based on the County's
review fee rate at the time of submittal. Any and all fees or other amounts
charged and collected by the County as a result of its enforcement of the
Stormwater Ordinance shall be retained by the County. At the end of each fiscal
year, the County will notify the Town of additional charges for time and expenses
incurred in the enforcement of the Stormwater Ordinance, not covered by
standard review fees, and the Town will reimburse the County within thirty (30)
days of receipt of the County's request for payment.
4. This agreement may be terminated with 30 days written notice of such intent by
either party. Notice shall be served upon the Mayor of the Town and County
Manager of the County. The agreement will terminate automatically upon the
effective date of a stormwater ordinance adopted by the Town.
5. Each party hereby submits themselves to the jurisdiction of the courts of the State
of North Carolina in any future action brought by either of them to enforce the
provisions of this agreement.
6. A modification or waiver of any of the provisions of this agreement shall be
effective only if made in writing and executed with the same formality as this
agreement.
7. Every provision of this agreement shall be binding upon each of the parties and
their respective successors and assigns.
8. This agreement contains the entire understanding of the parties, and there are no
representations, warranties, covenants, or undertakings other than those expressly
set forth herein.
9. This Agreement was authorized by the Town Council of Archer Lodge during the
October 8, 2012, regular council meeting.

IN WITNESS THEREOF, we have hereunto set our hand and seal as of the day and year
first above written.
Coun nsto Town of Archer Lodge
Rick iAesier, County Manager Michael Gordon, Mayor
V() . wou 1 cp
Paula G. Woodard, Clerk to the
Board of Commissioner,
Jea Overton, Town Clerk ,
f r.,M

JOINT RESOLUTION OF
THE TOWN OF ARCHER LODGE AND JOHNSTON COUNTY
WHEREAS, the Town of Archer Lodge has requested that Johnston County
exercise and enforce Chapter 14, Article XIl, Erosion and Sediment Control,
County of Johnston, North Carolina Code of Ordinances within the
corporate limits and extraterritorial jurisdiction of the Town of Archer
Lodge; and
WHEREAS, Johnston County does hereby agree to this request; and
WHEREAS, pursuant to the execution of this agreement, both the Town of
Archer Lodge and Johnston County understand this request must be heard by
the North Carolina Sediment Control Commission for their endorsement
prior to enforcement action of the Erosion Control Ordinance by the County
in said jurisdiction; and
WHEREAS, by General Statute, the North Carolina Sediment Control
Commission is the controlling authority for approval of such requests as the
final action in the condoning process in the matter specific to Chapter 14,
Article XII, Erosion and Sediment Control.
NOW, THEREFORE, it is hereby resolved by Joint Resolution of the Town
Council of the Town of Archer Lodge and the Board of Commissioners of
Johnston County, acting in separate regular sessions of each respective body,
as follows:
1. The Town of Archer Lodge relinquishes its jurisdiction within its
corporate limits and extraterritorial zoning jurisdiction with regard to
local enforcement of the erosion and sediment program pursuant to
GS 113A-60, and hereby by agreement and resolution, grants to
Johnston County jurisdiction within said areas for the purpose of
administering a joint program pursuant to such statute as provided in
Chapter 14, Article XII, Erosion and Sediment Control, County of
Johnston, North Carolina Code of Ordinances.
2. Johnston County Board of Commissioners does agree to exercise
jurisdiction to enforce the ordinance identified herein, within the
corporate limits and extraterritorial zoning jurisdiction, pursuant to the
authority set forth herein.

I The initial terms of this Agreement shall be for a period of one (1)
year, commencing on the 1" day of 2014, and
terminating on the 1 st day of �,- vky 2015. Either party may
terminate the Agreement at the end of the initial term. Thereafter, this
Agreement shall automatically renew for a successive one year term at
the end of each term unless notice is given by either part at least four
(4) months prior to the end of the current one year term that the party
wishes to terminate the Agreement at the end of the current term.
This Agreement may be terminated at any time upon mutual
agreement of both parties.
4. Should any claims arise out of services provided by Johnston County
under this agreement, the Town of Archer Lodge agrees to indemnify
and hold Johnston County, its employees, agents, and contractors
harmless from any and all claims for liability, loss, injury, damages to
persons or property, cost or attorney's fees resulting from any action
brought against Johnston County, its employees, agents, contractors
and Commissioners arising as a result of these services performed on
behalf to the Town of Archer Lodge that are the subject matter of this
Agreement, except where such claims result from actionable acts of
negligence by Johnston County.
ADOPTED by the Town Council of the Town of Archer Lodge, North
Carolina, meeting in regular session on the 8th day of September, 2014, and
by the Board of Commissioners of Johnston County meeting in regular
session on the (o day of 0 cAmro ,cr , 2014.
TOWN OF ARCHER LODGE JO ON COUNT
B QL BY: QGt GCS---
Mayor C airm oand of Commissioners
qTST:
ow Clerk
ATTEST:
� G.
Clerk to Board of Commissi
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