HomeMy WebLinkAbout2011-10-24-Resolutions 11-199_Annexation Moratorium Agr - Dallas CenterTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-199
APPROVING A 28E AGREEMENT PROVIDING FOR AN ANNEXING
MORATORIUM FOR A PERIOD OF TEN YEARS BETWEEN THE CITIES on
WAUKEE AND DALLAS CENTER
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 Dallas Center on October 24,2011,
following publication of Notice of the Hearing in The PelTY Chief on October 7,2011;in the
Dallas County News on October 6,2011;in the Northeast Dallas County Record on October
6,2011;in the Altoona Herald/Index on October 5,2011;in the Business Record on October
7,2011;and in The Des Moines Register on October 5,2011,and following service of the
Notice of Hearing upon the City Development BOaI-d and the Dallas County Board of
Supervisors,by regular mail,on September 13,2011;AND,
WHEREAS,the City Council believes it is in the best interest of the City of Waukee to enter
into all annexing moratorium with the City of Dallas Center 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 Dallas Center,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 RESOL YED 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 24th day of
October,2011.
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Attest:
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Mike Watts
ity Administrator/Clerk
AYE
X
X
X
NAY ABSENT ABSTAIN
X
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EXHIBIT A
ANNEXATION MORATORIUM AGREEMENT
WHEREAS,the City of Dallas Center,Iowa (hereinafter referred to as Dallas Center),and the
City of Waukee,Iowa (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 Dallas Center,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 Dallas Center 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 Dallas Center hereby
agree to refrain from the annexation ofterritory 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 Dallas Center 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 Dallas Center.
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 Dallas Center may use any form of
annexation legally available to it under state law to annex properly 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 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 the City Development Board and duly 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 this 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 infrastrncture planning undertaken
within one-eight mile (660 feet)of the Annexation Boundary,the Cities shall communicate their
plans for street and access points to 270th Street 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,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 requires the approval of both City
Councils before any amendment,extension,or termination becomes effective.
SECTION 10.SEVERABlLITY.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.
ATTEST:CITY OF DALLAS CENTER,IOWA7L~4~~~
Mitch Hambleton,Mayor
This Agreement was duly filed and recorded ln the Office of the Secretary of State of the
State ofIowa on this ---.iL~day of ~~V1wf '......>2011.
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EXHIBITB
The following description is illustrated on Exhibit "A",Annexation Moratorium Agreement.
A line running from County Road R-22 (D Avenue)to County Road R-16 (R Avenue),through
Walnut Township,Sections 17 and 18,Township 19 North,Range 26 West of the sth P.M.and
Adel Township,Sections 13 and 14,Township 79 North,Range 27 West ofthe stb P.M.,Dallas
County,Iowa,and described as follows:
Beginning at the Southwest corner of the Southeast Y4of said Section 14;thence East along the
South line of Section 14 and the South line of said Section 13 and the South line of said Section
18 to the Southeast comer of Section 18;thence North on the East line ofthe South Y,of Section
18,said line also being the west line of the Southwest Y4of said Section 17 to the Northwest
corner of the Southwest y"of Section 17;thence East along the South Y,of Section 17 to the
Northeast corner of the Southeast y"of Section 17,said point,being the point of terminus.