Interlocal Agreement Model

INTERLOCAL AGREEMENT FOR ENFORCEMENT OF LOCAL ORDINANCE

This Agreement made and entered into this_______ day of ________________ 20__, by and between the Town of ___________________, a municipal corporation having charter granted by the State of North Carolina, hereafter referred to as "Municipality", and ________________ County, a corporate and political body and a subdivision of the State of North Carolina, hereafter referred to as "County";

WHEREAS, the County will adopt Water Supply Watershed Regulations (hereinafter "ordinance") in

accordance with the Environmental Management Commission rules under the auspices of N.C. General Statute 153A-121; and,

WHEREAS, under 143-214.5(d), a Municipality and County may, by agreement, cede its territory to the other for the purpose of enforcement of select ordinances and regulations; and,

WHEREAS, the Municipality and County have agreed to development of a joint Water Supply Watershed Ordinance with the County being the enforcement authority, pursuant to N.C. General Statute 143-214.5(d), and having jurisdiction for said ordinance within the Municipality's corporate limits and extraterritorial jurisdiction.

NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties, the parties hereto agree as follows:

1.Term. The term of this annual Agreement is from July 1, 20___ through June 30, 20___ and shall automatically renew each year unless terminated as provided herein.

2.Responsibilities.

A. Municipality. The Municipality agrees to:

a. provide any pre-permit reviews of any applicable Municipal ordinances or regulations;

b. provide certification (where necessary) that said plans are in accordance with Municipal regulations, plans, and other documentation needed for review under the Watershed Water Supply Ordinance;

c. adopt the County's ordinance and any subsequent amendments;

d. the County retaining any fees collected pursuant to enforcement of the ordinance or permit fees;

e. not hold County responsible for enforcement of any other Municipal ordinance or regulations, unless specifically contracted for.

B. County. The County agrees to:

a. provide plans review necessary for issuance of permits under the ordinance;

b. issue permits under the ordinance;

c. perform site inspections;

d. seek judicial or equitable enforcement of the ordinance when necessary.

3. Termination. This agreement may be terminated by thirty (30) days notice to the

Manager of the other governing unit, and with the approval of the Environmental

Management Commission.

4. Entire Agreement. This Agreement is the only agreement between the parties and contains

all the terms agreed upon.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by themselves for their duly authorized officers of the day and year first above written.

COUNTY

_______________________

County Manager's signature

ATTEST:

______________________

Notary's signature and seal

MUNICIPALITY

_______________________

Mayor's signature

ATTEST:

______________________

Notary's signature and seal