HomeMy WebLinkAbout2011-03-07-Resolutions 11-39_City of Adel - Settlement AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-39
APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF
WAUKEE AND THE CITY OF ADEL
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized
Municipal Organization;AND,
WHEREAS,the City of Adel,Iowa (hereinafter referred to as "Adel")and the City of
Waukee,Iowa (hereinafter referred to as "Waukee")have been approached by property
owners interested in the annexation of certain property to the respective cities;and
WHEREAS,Adel took action to annex certain territory east of its city limits by council
action on October 10,2009.Waukee objected to said action and filed suit in the case
captioned City of Waukee,Iowa vs.City of Adel,Iowa,Dallas County Case No.CVCV
035532;and
WHEREAS,subsequent to the foregoing,Adel approved a voluntary annexation,normally
referred to an 80120 annexation on April 26,2010 comprising of the same property it sought
to annex previously,in addition to other property,some of which was being considered for
annexation by Waukee.Waukee objected and filed suit on May 19,2010 in Dallas County
Case No.CVCV 036062;and
WHEREAS,Waukee approved a voluntary annexation on May 10,2010 which included
some property that Adel sought to annex in its previous annexations as set forth above;and
WHEREAS,the cities desire to resolve the issues in the pending annexations and related
litigation and have reached agreement concerning the same attached hereto as exhibit 1.
BE IT THEREFORE RESOLVED by the City Council of the City of Waukee,Iowa that
the Settlement Agreement attached hereto should be and the same is hereby approved,
provided it is approved by the City of Adel,Iowa in the manner provided by law.The Mayor
is authorized to execute said settlement agreement on behalf of the City of Waukee upon the
City of Adel's approval of the same.
Passed by the City Council of the City of Waukee,Iowa,and approved this
March,2011.
7'h day of
Attest:
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Darlene Stanton X
Mike Watts X
SETTLEMENT AGREEMENT AND RELEASE
WHEREAS,the City of Adel,Iowa (hereinafter referred to as "Adel")and the City of
Waukee,Iowa (hereinafter referred to as "Waukee")have been approached by property owners
interested in the annexation of certain property to the respective cities;and
WHEREAS,Adel took action to annex certain territory east of its city limits by council
action on October 10,2009.Waukee objected to said action and filed suit in the case captioned
City of Waukee,Iowa vs.City of Adel,Iowa,Dallas County Case No.CVCV 035532;and
WHEREAS,subsequent to the foregoing,Adel approved a voluntary annexation,
normally referred to an 80120 annexation on April 26,2010 comprising of the same property it
sought to annex previously,in addition to other property,some of which was being considered
for annexation by Waukee,Waukee objected and filed suit on May 19,2010 in Dallas County
Case No.CVCV 036062;and
WHEREAS,Waukee approved a voluntary annexation on May 10,2010 which included
some property that Adel sought to annex in its previous annexations as set forth above;and
WHEREAS,the cities desire to resolve the issues in the pending annexations and related
litigation.
BE IT THEREFORE AGREED by and between Adel and Waukee,for good and
adequate consideration,as follows:
1.That Ade1 and Waukee will undertake proceedings for the passage of an
annexation moratorium in accordance with Section 368.4 Code oflowa (2011).
The cities will take public comment and consider approval of the moratorium
agreement attached hereto as Exhibit A.
2.In the event that the moratorium is approved by both cities,each city shall,no
later than 14 days from the effective date of the moratorium agreement's passage,
initiate action to withdraw or amend any pending annexations such that both
City's annexation actions do not contain property on the others side of the
annexation boundary in said moratorium.
3.In the event that the moratorium is approved by both cities,each city shall,no
later than 14 days from the effective date of the moratorium agreement's passage,
initiate action to withdraw in writing to the other City objections previously made
and/or submitted in conjunction with each cities'previous annexation approvals.
4.That after completion of the requirements of paragraphs 1-3 above,and Waukee's
receipt of written confirmation from State and County authorities that there are no
annexations that are pending or that have been,or will be completed,by the City
of Ade1 east of the annexation boundary established in the moratorium agreement,
Waukee will dismiss the pending actions against Adel as identified herein with
prejudice;
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5.That upon completion of the foregoing paragraphs 1 -4,the cities have agreed
any and all claims,grievances and/or causes of action that either city has or
claims to have,whether known or unknown,against the other,in any way related
to the annexation of property by the respective cities,are hereby released,
discharged and forever waived.
6.That in the event the proposed moratorium is not approved by both Cities,this
settlement agreement,shall be null and void and of no effect.
ATTEST:
j;f/]"lJJBY:/--,~'!l ,/.~~~":::-/,,,,-!1Jt-:-;-,-:---:-,_
.J cji['J,~tL.Kooistra,City Administrator'Jif
STATE OF IOWA )
)SS,
)
On thisf'J"1f'I day of~~t!vz:M ,ZOll before me,the nnderstgned,a Notary
Public in and for the State of Iowa,personally appeared William F.Peard and Jeffrey L.
Kooistra,to me personally known,and who,being by me duly sworn,did say that they are the
Mayor and City Administrator/City Clerk,respectively,of the City of Waukee,Iowa;that the
seal affixed to the foregoing instrument is the official seal of said City,and that the instrument
was signed and sealed on behalf of the City of Waukee,by authority of its City Council,and that
William F,Peard and Jeffrey L.Kooistra acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the City of Waukee,by it and
them voluntarily executed.
THE CITY OF WAUKEE,lOW A
COUNTY OF DALLAS
"'.BeeF-CeAD,SCHUE
\Ctiilimim';!Ol'l ,NumJj~r 7U;;496
of MYGDmml~itJn{::}<f'.droo
May 13.:;'011
ATTEST:
By:~i\,1?;U
Chad Bird,City Administrator
~l,~
Notary Public U;~~'te of Iowa
My Commission expires 1)fi./$L
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STATE OF IOWA )
)SS.
COUNTY OF DALLAS )
On this 'l;'fk day of --.1J1~Jlu ,2011 before me,the undersigned,a Notary
Public in and for the State of Iowa,personally appeared Jim Peters and Chad Bird,to me
personally known,and who,being by me duly sworn,did say that they are the Mayor and City
Administrator,respectively,of the City of Ade1,Iowa;that the seal affixed to the foregoing
instrument is the official seal of said City,and that the instrument was signed and sealed on
behalf of the City of Ade1,by authority of its City Council,and that Jim Peters and Chad Bird
acknowledged the execution of the instrument to be their voluutary act and deed and the
voluntary act and deed of the City of Ade1,by it and them voluntarily executed,
--'~7rn}
_..~l.~...iL ,?L!'.clXTv
NotlltyPubL,in and for the State of Iowa
My Commission expires 1;;Z~9{-('2
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EXHIBIT A
ANNEXATION MORATORIUM AGREEMENT
WHEREAS,the City of Adel,Iowa (hereinafter referred to as Adel),and the City of Waukee,
(hereinafter referred to as Waukee),are interested in the annexation of certain territories that are
within the planning areas of each city;and
WHEREAS,it is in the public interest to provide for the orderly annexation of certain territory
to Adel,certain territory to Waukee,and to assure connnunication between the two cities so as to
allow the best opportunity for orderly development of property,compatible uses,and coordinate
public infrastructure along the common boundary to the maximum extent possible;
NOW,THEREFORE,IT IS AGREED AS FOLLOWS:
SECTION 1.PURPOSE.It is in the public interest for Adel and Waukee,to establish an
Agreement for annexation,to provide the best opportunity for orderly planning,development,
and provision of municipal services.It is also in the public interest to assure communication
between the two Cities to create the best opportunity for compatible uses and development,
continuity of street systems,and public improvements along the Annexation Boundary
established in Section 2 of this Agreement.
SECTION 2.ANNEXATION BOUNDARY.The Cities of Waukee and Adel hereby agree to
refrain from the annexation of territory within the boundaries shown on the attached Exhibit "A"
and as more particularly described within legal descriptions reflected on Exhibit "B"as provided
in this Annexation Moratorium Agreement.
SECTION 3.ANNEXING MORATORIUM.In accordance with Iowa Code Chapter 368
(2011)and defined therein,Adel and Waukee agree as follows:
Area A:The City of Adel shall not annex property in Area A for the term of this
Agreement.During this period,the City of Waukee may use any form of annexation
legally available to it under state law to annex property in Area A,without objection from
the City of Add,
Area B:The City of Waukee shall not annex property in Area B for the term of this
Agreement.During this period,the City of Adel may use ally form of annexation legally
available to it under state law to annex property in Area B,without objection from the
City of Waukee.
SECTION 4.APPLICABILITY.This Agreement is applicable to all annexation proceedings,
both voluntary and involuntary,and pending annexations as well as any that may be commenced
in the future,to the fullest extent allowed and as provided by Iowa Code Chapter 368 (2011).All
such proceedings,which have been initiated but not completed,shall be amended to conform to
this agreement,and ally portion of any petition tor annexation,whether voluntary or involuntary,
in conflict herewith is hereby terminated and withdrawn.Completion is hereby defined as being
approved by the City Development Board and dnly recorded prior to the date of the first City's
approval and signature on this Agreement.
Each of the cities agrees not to annex territory in violation of this Agreement.Each City,and
their officials,agents and representatives,agree not to aid or support in any way,any person,
party,agency,or government body who may oppose,enjoin,or obstruct the other in the pursuit
of any annexation that conforms with this Agreement.Terminology used in tins Agreement shall
be defined in the same manner as it is defined and used in Iowa Code Chapter 368,unless
specifically defined herein.
SECTION 5.JOINT DEVELOPMENT COMMUNICATION The cities agree to
communicate concerning long range planning and zoning of property along the Annexation
Boundary,Zoning and rezonings,site plans,and subdivisions located within 660 feet of the
Boundary shall be submitted for review and comment by the staff of each City at least 7 days
prior to consideration by a city.Each City will consider the comments of the other City when
considering zoning,rezonings,site plans,plats and subdivisions actions.
SECTION 6.STREET IMPROVEMENTS.For street infrastructure planning undertaken
within one-eight mile (660 feet)of the Annexation Boundary,the Cities shall communicate their
plans for street and access points to Highway 6 and R-16 to the other as plans are being
developed and/or modified.Each City agrees to provide comment to the other concerning such
planning and placement within a reasonable time for consideration of the planning City in
making such plans.
SECTION 7.RIGHTS AND OBLIGATIONS.This Agreement creates rights and obligations
only among these two parties as governmental entities,and is to be interpreted,applied,and
enforced by these entities only.It is not intended and shall not be interpreted to create any rights,
title,or interest in any other person,film,corporation,or entity,whether or not resident or
taxpayer of any City,and whether directly or as a third party beneficiary.
SECTION 8.STATUTORY AUTHORITY.This Agreement is entered into pursuant to Iowa
Code Section 368.4 (2011).
SECTION 9.EFFECTIVE DATE AND DURATION.The effective date of this agreement
shall be the later of approval dates of the two Cities.Prior to approval,each City is required to
publish notice and to hold hearings as required by Iowa Code Section 368.4 (2011).This
Agreement shall be in full force and effect for a period of ten years after the aforementioned
effective date.Either party to this agreement may petition for an amendment,extension,or
termination of this agreement by providing written notice to the other party with at least thirty
(30)days advance notice to amend,extend,or terminate tbe terms of this agreement.Any
amendment,extension,or termination of this Agreement requires the approval of both City
Councils before any amendment,extension,or termination becomes effective.
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SECTION 10.SEVERABILITY.If any section,provision,or part of this Agreement shall be
adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the
Agreement as a whole or any section,provision,or part thereof not adjudged invalid or
unconstitutional.
Dated this day of ._..__..,2011
ATTEST:CITY OF ADEL,IOWA
Mary Sue Hibbs,City Clerk James F.Peters,Mayor
Dated this day of ______,2011
ATTEST:CITY OF WAUKEE,IOWA
Jeffrey L.Kooistra,City Clerk
=:o:---:::..---.--.-----~..-William F.Peard,Mayor
This Agreement was duly filed and recorded in the Office ofthe Secretary of State ofthe
State ofIowa on this day of ---'2011.
Secretary of State
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