HomeMy WebLinkAbout2011-04-18-Resolutions 11-64_Annexation Moratorium Agr - AdelTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-64
APPROVING A 28E AGREEMENT PROVIDING FOR AN ANNEXING
MORATORIUM FOR A PERIOD OF TEN YEARS BETWEEN THE CITIES OF
WAUKEE AND ADEL
IN THE NAME AND BY THEA UTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized
Municipal Organization;AND,
WHEREAS,Section 368.4 of the Code of Iowa provides that a City,following notice and
hearing,may by Resolution agree with another City or Cities to refrain from annexing
specifically described territory for a period not to exceed ten years;AND,
WHEREAS,the Waukee City Council held a public hearing on the matter of entering into an
annexing moratorium agreement with the City of Waukee on April 18,20ll,following
publication of Notice of the Hearing in The Perry Chief on March 18,20ll,in The Dallas
County News on March 17,2011,in the Northeast Dallas County Record on March 17,2011,
in the Altoona Herald/Index on March 16,20ll,in the Business Record on March 18,20ll,
and in The Des Moines Register on March 16,20ll,and following service of the Notice of
Hearing upon the City Development Board and the Dallas County Board of Supervisors,by
regular mail,on March 14,2011;AND,
WHEREAS,the City Council believes it is in the best interest of the City of Waukee to enter
into an armexing moratorium with the City of Adel for a period often year.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa
that the Agreement for Annexation and Joint Exercise of Governmental Powers Pursuant to
Iowa Code Chapters 28E and 368 between the Cities of Waukee and Adel,Iowa (a copy of
which is attached hereto)providing for an agreement among the Cities to refrain from
armexing specifically described territory for a period not to exceed ten years is hereby
approved.
BE IT THEREFORE RESOLVED by the City of Waukee City Council that the Mayor and
City Administrator/Clerk are hereby authorized to sign said Agreement on behalf of the City
of Waukee.
Passed by the City Council of the City of Waukee,Iowa,and approved this the 18th day of
April,2011.
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Attest:
\
~.Kooistra,City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
x
X
X
NAY ABSENT
X
ABSTAIN
X
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ANNEXATION MORITORIUM 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 Ade1,certain territory to Waukee,and to assure communication 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 !be public interest to assure communication
between the two Cities to create !be best opportunity for compatible uses and development,
continuity of street systems,and public improvements aloug 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 !be term of this
Agreement.During this period,!be 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 Adel.
Area B:The City of Waukee shall not annex property in Area B for the term of!bis
Agreement.During this period,the City of Adel may use any form of annexation legally
available to it under state law to annex property in Area B,without objection from !be
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 any portion of any petition for annexation,whether voluntary or involuntary,
in conflict herewith is hereby terminated and withdrawn.Completion is hereby defined as being
approved by !be City Development Board and duly recorded prior to the date of !be first City's
approval and signature on this Agreement.
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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 this Agreement shall
be defmed 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 m1Y other person,firm,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 the terms of this agreement.Any
amendment,extension,or termination of this Agreement reqnires 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
ATTEST:CITY OF ADEL,IOWA
Dated this IIVW daYOf_~.l.___--',2011
This Agreement was duly filed and recorded in the Office of the Secretary of State of the
State ofIowa on this day of ,2011.
Secretary of State
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_A -ANNEXATION MORATORIUM AGREEMENT ilJi 1
C~"OMT"OUNDAro"II
MORATORIUM BOUNDARY
•UH J
EXHIBITB
TIle following description is illustrated on Exhibit A",Annexation Moratorium
Agreement.
A line running from 270th street to Interstate Highway 80,through Sections 23,26,
and 35,Township 79 N0l1h,Range 27 West of the 5th P.M.and Sections 3,4,9,10,
15 and 16,Township 78 North,Range 27 West of the 5tltp.M.,Dallas County,Iowa,
and described as follows;
Beginning at the Northwest comer of the East \4 of said Section 23;Thence South
on the West line ofthe East \4 of said Section 23 and 26,to the North line ofthe
South 85 acres of the Southeast Quarter (SE \4)said Section 26;Thence East on said
North line to a line 33.0 feet West of the East line of said Southeast Quarter (SE \4)of
Section 26;Thence South on said line 33.0 feet West ofthe East line ofthe Southeast
Quarter (SE \4)and the Southerly extension to the centerline of Highway 6 Right of
Way as presently established;thence West on said centerline to the Northerly
extension of the centerline of County Road R16 as presently established;thence
South on said Northerly extension and centerline of County Road R16,through or
between said Sections 3,4,9,10,15,and 16 to the centerline ofInterstate Highway
80.