HomeMy WebLinkAboutC.054.93008_1622IREDELL COUNTY BOARD OF COMMISSIONERS
, JOINT MEETING WITH THE CITY OF STATESVILLE
MINUTES
SEPTEMBER 18, 1989
The Iredell County Board of Commissioners met in Adiourned Renular Session for a Joint Meeting
with the City of Statesville. The meeting was held in the Agricultural Center Conference Rooms 1 &
2, Statesville, NC. Those present from the County Board were:
R. B. Sloan, Jr., Chairman
Alice M. Stewart, Vice Chairman
Jessie S. Crosswhite
Frances L. Murdock
Staff present: Joel Mashburn, County Manager
William P. Pope, County Attorney
Alice Fortner, Clerk to the Board
CALL TO ORDER: Mayor Bentley called the Statesville City Council
to order; Chairman Sloan called the Iredell County
Board of Commissioners to order.
CONTRACT BETWEEN IREDELL COUNTY AND THE CITY OF STATESVILLE GOVERNING THE LANDFILL: Mayor
Bentley asked the City Attorney, Mr. Eddie Gaines, to review the contract with those present. After
he completed his statement, Mr. William P. Pope, County Attorney, was called on to make a statement
in reference to the contract.
A JOINT RESOLUTION BY THE CITY OF STATESVILLE AND IREDELL COUNTY EFFECTING THE OPERATION OF THE
COUNTY LANDFILL AND THE RIGHTS EXISTING BETWEEN THE PARTIES PURUSANT TO THAT CONTRACT OF JANUARY 21,
1974:
MOTION from Commissioner Stewart to adopt the following resolution:
The City Council for the City of Statesville and the Iredell County Commissioners of Iredell
County, North Carolina, meeting together in a joint meeting between the two governing bodies held on
September 18, 1989, adopted the following joint resolution:
WHEREAS, the City of Statesville and Iredell County did enter into an agreement effecting the
use of the Iredell County Landfill, said agreement being dated January 21, 1974; and,
WHEREAS, Iredell County by previous resolution passed has proposed to begin charging the City
of Statesville "tipping" and user fees for the use of the Iredell County Landfill by the City of
Statesville, to be effective as of September, 1989; and,
WHEREAS, a controversy has arisen between the City of Statesville and Iredell County related to
the contention of the City of Statesville that pursuant to the contract entered into between the
parties January 21, 1974, Iredell County cannot legally charge the City of Statesville "tipping" or
user's fee for the use of the Iredell County Landfill; and
WHEREAS, the position of Iredell County is that said contract has outlived the purpose for
which it was originally intended and is no longer enforceable; and,
WHEREAS, both the Council for the City of Statesville and the Commissioners for Iredell County
recognize the ever-increasing costs being incurred in the operation of the County landfill, as well
as the need for both governing bodies to work together in the continuing operation of said landfill
for the mutual benefit of the citizens of the City of Statesville and the citizens of Iredell
County; and
WHEREAS, the City of Statesville is agreeable to mutually rescinding said contract on the
condition that no user fees be charged to the City of Statesville for the use of the Iredell County
Landfill for a period of two (2) years; and,
WHEREAS, the City of Statesville is also agreeable to reimbursing Iredell County the sum of
$53,000 as one-half the costs for the purchase of that tract of land upon which the County Landfill
is currently being operated; and
WHEREAS, the attached contract setting forth this agreement between the City of Statesville
and the County of Iredell has been approved by the City Council for the City of Statesville and by
the Commissioners for Iredell County;
NOW, THEREFORE, BE IT RESOLVED by the respective governing bodies of the City of Statesville
and Iredell County that they do hereby mutually agree to rescind that contract previously entered
into between them on January 21, 1974, pursuant to the specific terms and agreements of that
contract attached hereto, the specific terms of which are incorporated herein by reference.
ADOPTED, this the 18th day of September, 1989, by the City of Statesville.
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