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HomeMy WebLinkAbout2011-07-11-Resolutions 11-116_Annexation Moratorium Agr - UrbandaleTHE CITY OF WAUKEE,IOWA RESOLUTION 11-116 APPROVING A 28E AGREEMENT PROVIDING FOR AN ANNEXING MORATORIUM FOR A PERIOD OF TEN YEARS BETWEEN THE CITIES OF WAUKEE AND URBANDALE 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,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 Urbandale on July 11,2011,following publication of Notice of the Heming in The Perry Chief on July 1,2011,in The Dallas County News on June 30,2011,in the Northeast Dallas County Record on June 30,2011,in the Altoona Herald/Index on June 29,2011,in the Business Record on July 1,2011,and in The Des Moines Register on June 29,2011,and following service of the Notice of Hearing upon the City Development Board and the Dallas County Board of Supervisors,by regular mail,on June 7,2011;AND, WHEREAS,the City Council believes it is in the best interest of the City of Waukee to enter into an annexing moratorium with the City of Urbandale 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 Urbandale,Iowa (a copy of which is attached hereto)providing for an agreement among the Cities to refrain from annexing 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 11th day of July,2011. 1 Attest: ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAlN 2 AN AGREEMENT FOR ANNEXATION WHEREAS,the CITY OF WAUKEE (hereafter referred to as "Waukee")and the CITY OF URBANDALE (hereafter referred to as "Urbandale")are jointly interested in the annexation of certain territory; NOW,THEREFORE,IT IS AGREED AS FOLLOWS: SECTION 1.PURPOSE.It is in the public interest for Urbandale and Waukee to establish an agreement for orderly annexation (hereafter "Agreement"). SECTION 2.ANNEXATION BOUNDARY.Urbandale and Waukee hereby agree to establish an annexation boundary (hereafter "Boundary")that is legally described in the attached Exhibit "A",by reference incorporated herein and made a part hereof: SECTION 3.ANNEXING MORATORIUM.In accordance with Iowa Code Chapter 368 (2011)and as defined therein,Urbandale and Waukee agree to an annexing moratorium as follows: A.Urbandale agrees not to annex any and all territory located south of the Boundary. During this period,the City of Waukee may use any form of annexation legally available to it under state law to annex territory located south of the Boundary, without objection from the City of Urbandale. B.Waukee agrees not to annex any and all territory located north of the Boundary. During this period,the City of Urbandale may use any form of annexation legally available to it under state law to annex territory located north of the Boundary, without objection from the City of Waukee. SECTION 4.APPLICATION.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 Chapter 368 of the Code of Iowa.Any annexation that has been initiated is hereby amended to conform to this Agreement,and any portion of any annexation,whether voluntary or involuntary,in conflict herewith is hereby terminated and withdrawn. Both cities agree not to annex territory in violation hereof,and each agrees not to aid or support in any way,any person,party,agency,governmental body,or other entity who may oppose,enjoin,or obstruct the other in the pursuit of any annexation that conforms with and to this agreement.Terminology used in this agreement shall be defined in the same manner as it is defined and used in said 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 rezoning,site plans,and subdivisions located within 660 feet of the Boundary shall be submitted for review and comment by the staff of the other City and the other City shall respond within 7 days.Each City will consider the comments of the other City when considering zoning,rezoning,site plans,and subdivisions. 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 existing street infrastructure 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 between 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,firm,corporation, or entity,whether or not a resident or taxpayer of either City,and whether directly or as a third party beneficiary. SECTION 8.STATUTORY AUTHORITY.This agreement is entered into pursuant to Section 368.4,Code of Iowa,2011,and is a joint exercise of governmental powers pursuant to Chapter 28E,Code of Iowa,by Urbandale and Waukee.It does not create a separate legal entity;grants no power to purchase,own,or mortgage real or personal property;creates no governing board;and does not have an operating budget. SECTION 9.SEPERABILITY.If any section,provision,or part of this Agreement shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of all sections,provisions,and parts of this agreement not adjudged invalid or unconstitutional. SECTION 10.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. Dated this 11th day of July,2011 CITY OF WAUKEE,IOWA ~~" ATTEST: Dated this 31st day of May,2011. DALE,IOWA ATTEST: _b(2hA!\-~ Deb Mains,City Clerk MUNICIPAL CORPORATION CERTIFICATE OF ACKNOWLEDGEMENT STATE OF IOWA,COUNTY OF DALLAS,ss On this J~-t'1day of July A.D.2011,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared William F.Peard and Jeff Kooistra,to me personally known,who being by me duly sworn,did say that they are the Mayor and City Clerk,respectively,of the City of Waukee,Iowa,an Iowa municipality;that the seal affixed thereto is the seal of said municipal corporation and that said instrument was signed and sealed on behalf of said municipal corporation and that said William F. Peard and Jeff Kooistra as such officers,acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation,by it and by them voluntarily executed. ~~tiJWJhf Notary Publi~in and for the State of Iowa My Commission expires Oi:){r3 J &/L,1 :I.,"~REBECCA D.SCHUETT ~l'Commission Number 716496••My Commission Expires ow May 13,2014 MUNICIPAL CORPORATION CERTIFICATE OF ACKNOWLEDGEMENT STATE OF IOWA,COUNTY OF POLK,ss On this 31s1 day of May A.D.2011,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Robert D.Andeweg and Debra Mains,to me personally known,who being by me duly sworn,did say that they are the Mayor and City Clerk,respectively,of the City of Urbandale,Iowa,an Iowa municipality;that the seal affixed thereto is the seal of said municipal corporation and that said instrument was signed and sealed on behalf of said municipal corporation and that said Robert D. Andeweg and Debra Mains as such officers,acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation,by it and by them voluntarily executed. ~ ''0 KIMA.KEISLER~1.Commission Number 745943••My Commission Explres lOW,,"March 20,2013 Notary Public in and for the State of Iowa My Commission expires 3/;::0 I f 3 EXHIBIT "A" Beginning at the East Quarter Corner of Section 16,Township 79 North,Range 26 West of the 5th P.M.;thence west along the North Line of the South One-Half of said Section 16 to the West Quarter Corner of said Section 16;thence continuing west along the North Line of the South One-Half of Sections 17 and 18 in Township 79 North, Range 26 West of the 5th P.M.to the West Quarter Corner of said Section 18,said West Quarter Corner also being the East Quarter Corner of Section 13,Township 79 North, Range 27 West of the s"P.M.;thence continuing west along the North Line of the South One-half of said Section 13 and along the North Line of the Southeast Quarter of Section 14,Township 79 North,Range 27 West of the 5th P.M.to the Northwest Corner of the Southeast Quarter of said Section 14,and to the Point of Terminus;all now included in and forming a part of Dallas County,Iowa.