STAFF REPORT
Planning and Development
Committee, December 20, 2007
Interlocal Inspections Agreement for Newly Annexed
Properties (IP08-003)
Consideration of an interlocal agreement between Wake
County and the Town of Cary authorizing Wake County inspectors to continue to
provide inspection and permitting functions within the Town of Cary’s newly
annexed areas
Speaker: Mr. Bob Strowbridge
From: Bob Strowbridge
Prepared by: Bob Strowbridge
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager
There are some occasions where owners of newly-annexed properties have obtained prior subdivision approval and building permits from Wake County and have structures under construction as the annexations take place. To help eliminate confusion and project delays, the Inspections and Permits Department suggests that the Wake County Inspections Department complete all required inspections and issue Certificates of Occupancy on properties that had received original permitting by Wake County but have since been annexed by the Town of Cary. The Town of Cary’s Inspections and Permits Department will issue all new permits and conduct inspections on all property annexed by the Town and not currently permitted by the Wake County Inspections Department. This arrangement benefits our citizens as well as both jurisdictions by preventing duplication of services and eliminating confusion during and after the construction process.
Fiscal Impact: N/A
Staff Recommendation: Staff recommends adoption of the attached interlocal agreement between Wake County and the Town of Cary.
INTERLOCAL AGREEMENT BETWEEN WAKE COUNTY AND THE TOWN OF CARY AUTHORIZING WAKE COUNTY INSPECTORS TO CONTINUE TO PROVIDE INSPECTION AND PERMITTING FUNCTIONS WITHIN THE TOWN OF CARY’S NEWLY ANNEXED JURISDICTIONS
THIS AGREEMENT is made and entered into this the ______ day of ______________, 2008 by and between the Town of Cary (“the Town”) and Wake County (“the County”).
WITNESSETH:
WHEREAS, the Town of Cary regularly receives annexation requests from owners of properties that have obtained subdivision approval and building permits from Wake County, and
WHEREAS, these subdivisions or structures are frequently still under construction upon annexation by Cary, with active Wake County building permits and inspection histories; and
WHEREAS, to eliminate confusion and project delays, the Cary Inspections and Permits Department desires the Wake County’s Inspections and Permits Departments to complete all required inspections and issue Certificates of Occupancy on properties that had received original permitting by Wake County, but had since been annexed by the Town of Cary; and
WHEREAS, the citizens of Wake County and the Town of Cary would benefit from continued County Inspections in recently annexed areas since it would prevent duplication of services and eliminate confusion regarding the status of inspections and permitting of projects; and
WHEREAS, there would be no resulting inconvenience to Wake County, the Town of Cary, nor the citizens for Wake County to provide such services by agreement; and
WHEREAS, N.C.G.S. §160A-413 and 160A-461 provides authority for a city and county to enter into an agreement which allows and sets forth the allocation of these responsibilities and require the governing boards of each unit to ratify the agreement spread upon its minutes.
NOW THEREFORE, in consideration of the premises contained herein and the mutual benefits resulting from them, the parties agree as follows:
1. The County of Wake will provide permitting and inspections required by the State Building Code for construction originally permitted by Wake County but which is annexed thereafter by the Town of Cary until such construction is completed, unless the parties agree otherwise.
2. Wake County will use its Inspections Department Staff to perform services under this Agreement and it is understood and agreed that at all time, the individual(s) providing the inspection work is an employee of Wake County and not an employee of Cary.
3. The Wake County Inspections Department will continue to charge for inspections and services under its fee schedule and will receive payment directly from permitees.
4. The term of this Agreement shall be for a period of one (1) year commencing on _____________, 2008, and terminating on ____________, 2009, unless sooner terminated pursuant to the provisions herein. This Agreement may be extended for an additional term of one (1) year upon mutual written agreement of the managers for the Town of Cary and Wake County.
5. This Agreement may be terminated by either Party upon 90 days written notice and may only be modified by a writing signed by both.
6. All notices, approvals, consents, requests or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed sufficiently given when deposited in the mail, first-class postage prepaid, and addressed to the respective parties as follows:
Town of Cary
Town Manager
316 North Academy Street
Cary, NC 27511
County of Wake
County Manager
PO Box 550
Suite 1110 Waverly Akins WCOB
Raleigh, NC 27602
7. This Agreement constitutes the entire understanding of the parties.
8. This Agreement shall be binding upon the successors and assigns of the parties.
9. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of this Agreement.
10. This Agreement shall not be modified or otherwise amended except in writing signed by the parties.
IN WITNESS WHEREOF the governing Boards of the Parties have approved this agreement and it is signed by the Manager of Wake County and the manager of the Town of Cary and attested to by their Clerks on the year and day first written above.
TOWN OF CARY, NORTH CAROLINA
___________________________________
Harold Weinbrecht, Mayor
ATTEST:
____________________________________
Sue Rowland, Town Clerk (Seal)
COUNTY OF WAKE
____________________________________
Tony Gurley, Chairman
Wake County Board of Commissioners
ATTEST:
_________________________________
Susan Banks, Clerk to the Board