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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. 1 Attest: ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Mike Watts ity Administrator/Clerk AYE X X X NAY ABSENT ABSTAIN X 2 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. £~~\\t(dt,{4D Zt4t:ka~q.f~,1tUJeJ32A<!) Se\}retal'Y01 State ~t Exhibit A 2Wlh.IH,_ B Z6U1b'HT. U&:lUI.I,lJ)'\/i sr; 3O:lrdPL :ANI1~:il,'(~.ffe", lti'ii£n.RlOflEflD•':i"U!ih~V-,,;( ,~• WfH'rE TAU.LN. 3301.h.C.T. <t;~_ J3!ll.bWA'I Legend 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.