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HomeMy WebLinkAbout2016-367 Co Manager - Town of Hillsborough for administration of the stormwater utility fee billing and collection 367 INTERLOCAL AGREEMENT BY AND BETWEEN ORANGE COUNTY AND THE TOWN OF HILLSBOROUGH REGARDING ADMINISTRATION OF THE TOWN OF HILLSBOROUGH STORMWATER UTILITY FEE BILLING AND COLLECTION THIS AGREEMENT, made and entered into this 10th day of May, 2016 between the Town of Hillsborough, North Carolina, a North Carolina municipal corporation, located in Orange County, North Carolina (hereinafter referred to as the "Town"); and Orange County, a body politic and political subdivision of the State of North Carolina (hereinafter referred to as the "County"), for the administration of the Town's Stormwater Utility Fee Billing and Collection (the "Stormwater Utility Fee"). WITNESSETH WHEREAS, the County and Town are public bodies, politic and corporate, under the laws of the State of North Carolina and are vested pursuant to Article 20 of North Carolina General Statutes Chapter 160A with the power and authority to enter into this Interlocal Agreement (hereinafter referred to as the "Agreement"); and WHEREAS, the Town is authorized and empowered by Article 16 of Chapter 160A of the North Carolina General Statutes to establish and operate a stormwater utility as a "public enterprise", and to establish, fix and enforce rates, fees, charges and penalties for the stormwater utility; and WHEREAS, the Town has proposed to establish a stormwater utility and to charge to properties located within the Town limits certain fees for stormwater management programs and structural and natural stormwater and drainage system service; and WHEREAS, the Town desires that the County administer collection of fees and charges to be levied against and charged to properties located within the Town; and WHEREAS, the County has broad tax collection and administration authority and staff in place to carry out that authority and is willing, subject to certain conditions, to provide administration and collection of stormwater utility fees and charges in the Town. NOW, THEREFORE, in consideration of the foregoing and on mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. TERM a. This Agreement shall commence July 1, 2016 and shall continue each fiscal year thereafter through June 30, 2026. b. This Agreement may be renewed beyond June 30, 2026 upon written agreement of the Parties. 2. COSTS a. Other than direct collection costs, County shall not incur and shall not be responsible for any costs, including but not limited to software, hardware, or other upfront costs, associated with carrying out the requirements and duties established by this Agreement. b. Other than direct collection costs, any and all costs, fees, and expenses related to the administration of the District shall be borne by Town. c. On or before the 15th day of January, April, July and October of each year during the term of this Agreement, the County shall transmit to Town all stormwater utility fees and charges collected in the Town during the preceding three months and bill the Town an amount equal to 3% of the fees and charges collected during that three month period for costs of administration and collection. The Town shall pay the County within 30 days of billing. d. Upon a failure by Town to remit payment when due County shall provide Town with written notice of such default in payment and providing Town with ten days to cure the default. Should Town not cure the default within ten days County may withhold the provision of services as contemplated herein. County shall incur no fault or liability for any failure to provide services pursuant to the terms of this paragraph. 3. COUNTY ADMINISTRATION OF DISTRICT a. County shall have the exclusive authority to determine the most appropriate means of administering the collection of Town stormwater utility fees and charges in the Town. b. The Town shall provide County any and all information, records, or materials needed by County for the effective and accurate collection of such fees and charges. 4. ENFORCEMENT a. The Parties agree the County has no responsibility to collect unpaid or delinquent fees and charges. b. Town has the sole responsibility at Town's cost to collect unpaid or delinquent fees and charges. c. Upon request by Town, County shall provide Town any and all records related to unpaid and/or delinquent stormwater utility fee accounts in order to allow Town a better opportunity to collect such delinquent accounts. 5. REVIEW OF AGREEMENT 2 During the initial term this Agreement shall be reviewed by staff of the County and Town Management each year beginning no later than October 15, 2017 in order to determine: The cost/benefit of the County's administration of the collection of stormwater utility fees and charges in the Town; any difficulties encountered in implementing the terms of this Agreement; any other issues that need to be examined. 6. AMENDMENTS This Agreement may be amended by mutual written consent of the County and Town. 7. TERMINATION This Agreement may be terminated by either Party hereto upon one year advance written notice to the other Party or at any time by mutual written agreement of the Parties. 8. NOTICE Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: To the County: To the Town: Orange County Town of Hillsborough County Manager Town Manager P.O. Box 8181 P.O. Box 429 Hillsborough, NC 27278 Hillsborough, NC 27278 9. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement of the parties hereto and is effective the date first above recorded. 000? Mina6er, Town of Hillsborough Manager, Orange Coun ATTEST: ATTEST: Town Clerk Clerk to the Board This instrument has been pre-audited in the manner required by the Local Government 3 Budgit,and Fiscal Control Act. Heidi Lamay