AG 2009 03 16 - Laserfiche WebLink

Home Browse Search

L' i] Interlocal Agreement Between Cabarrus County and the Town of Midland. This resolution/agreement, made and entered into this the 13`h day of January, 2009, by and between the Town of Midland, a municipal corporation organized and existing pursuant to the laws of the State of North Carolina, Party of the First Part and hereinafter referred to as the TOWN and Cabarrus County, a political subdivision of the State of North Carolina established and operating pursuant to the laws of the State of North Carolina, Party of the Second Part and hereinafter referred to as the COUNTY; WITNESSETH: WHEREAS, the TOWN and the COUNTY, pursuant to the authority granted by the North Carolina General Statutes 160A-461, hereby covenant and agree as follows: 1. That the TOWN hereby contracts with the COUNTY to use the services of the Planning and Zoning Department of the COUNTY to administer the TOWN'S Flood Damage Prevention Ordinance within the corporate limits and extra- territorial jurisdiction of the TOWN. 2. That the services of the Cabarrus County Planning and Zoning Department shall be performed at no cost to the TOWN. However, should any claims arise out of the services provided by the COUNTY under this agreement, the TOWN agrees to indemnify and hold the COUNTY, its employees, agents and contractors harmless from any and all claims for liability, loss, injury, damages to persons or property, costs or attorney's fees resulting from any action brought against Cabarrus County, its employees, agents, contractors and Commissioners arising as a result of these services performed on behalf o the TOWN that are the subject matter of this Agreement. 3. That all fees and charges associated with administering the Flood Damage Prevention Ordinance as adopted by the Board of County Commissioners, shall be collected by the COUNTY, shall be the sole property of the COUNTY, and no part thereof shall be payable to the TOWN. 4. That all development to take place within the TOWN's corporate limits or extra- territorial jurisdiction shall be subject to the rules and regulations set forth in the aforementioned Flood Damage Prevention Ordinance. No building permits shall be issued for any property until the flood zone is determined and the necessary building standards are met. If the property is located within the Special Flood Hazard Area and if the structure is to be constructed within the flood hazard area, preliminary and final elevation certificates will be required. 5. That the Cabarrus County Planning and Zoning Department will use every effort to enforce the Flood Damage Prevention Ordinance, except that if any civil or criminal action becomes necessary, the TOWN shall bring any legal action as may be required to effectively enforce said Ordinance, upon written notice from the Cabarrus County Planning and Zoning Department of such violations. 6. That this Agreement shall continue until such time as either the TOWN or COUNTY resolves to discontinue the Agreement and presents forty-five (45) ~, Attachment number 1 F- 3 Page 167 of 286