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HomeMy WebLinkAbout2014-07-21-Resolutions 14-189_Border Adjustment Plan - CliveTHE CITY OF WAUKEE,IOWA RESOLUTION 14-189 APPROVING INTERGOVERNMENTAL AGREEMENT REGARDING A COMMON BORDER AD JUSTMKNT PLAN BY AND BETWEEN CLIVK AND WAUKKE IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF WA UEEE,IOWA WHEREAS,the City of Waukee,iowa is a duly organized municipality within Dallas County; AND, WHEREAS,the Cities of Waukee and Clive have entered into discussions regarding the need to make certain common boundary adjustments along their common borders in order to more effectively provide municipal services and planning for future development;AND, WHEREAS,the Cities have reached an agreement in concept,to effectuate their mutual desires to de-annex and sever and correspondingly annex and obtain dominion over those certain parcels of land along their common border as indicated in the agreement attached hereto as Exhibit A. NOW THEREFORE BK IT RESOLVED by the Waukee City Council that the City of Waukee hereby approves the Intergovernmental Agreement regarding a common border adjustment plan by and between the Cities of Clive and Waukee. Passed by the City Council of the City of Waukee,Iowa,and approved the 2 day of July,2014. illiam .P ard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK X X X X NAY ABSENT ABSTAIN WHEN RECORDED RETURN TO. Joyce Cortuin Clive City Clerk Clive City Hall Building 1900 NW 114th Street Clive,Iowa 50325-7077 Preparer Inforination:Jaines C.Wine,700 Walnut Street,Suite 1600,Des Moines,Iowa 50309 Phone:(515)283-3100 INTERGOVERNMENTAL AGREKMKNT REGARDING A COMMON BORDER AD JUSTNKNT PLAN BY AND BETWEEN CLIVK AND %AUKKE THIS INTERGQVERNMENTAL AGREEMENT ("~Areemenr')is entered into this ~3 day of Al,2014,by and between the CITY OF CLIVE,IOWA,a municipal corporation Clive")and the CITY OF WAUKEE,IO'trVA,a municipal corporation ("Waukee ")(Clive and Waukee are referred.to herein individually as a N~Cit "or jointly as the "Cities"),pursuant to Chapter 28E of the Iowa Code. RECITALS WHEREAS,the Cities have entered discussions regarding the need to make certain common boundary adjustments along their common borders in order to more effectively provide municipal services;and %HKRKAS,as indicated on Exhibit A attached hereto,Clive desires to de-annex and sever certain parcels of land currently within Clive's boundaries along the Cities'common border and allow %aukee to annex and obtain dominion over those parcels,subject to the agreement of the property owners as provided by law„and WIIKRKAS,as indicated on Exhibit B attached hereto,Waukee also desires to de-annex and sever certain parcels of land currently within Waukee's boundaries along the Cities' common border and allow Clive to annex and obtain dominion over those parcels,subject to the agreement of the property owners as provided by law;and %HKRKAS,the Cities have reached an agreement in concept to effectuate their mutual desires to de-annex and sever,and correspondingly annex and obtain dominion over,those certam parcels of land along their common border as indicated on Exhibit A and Exhibit 8 attached hereto;and %HKRKAS,the Cities have determined it to be appropriate to memorialize their agreement in concept herein in this Agreement. NO%,THKREI ORK,the Cities hereto agree as follows: 268rt0rt9 1.Inco oration of Recitals.The foregoing Recitals are incorporated herein as if fully set forth in this paragraph. 2.A reement in Conc t Re ardin Bounda Ad'ustments.Clive hereby agrees in concept to the severance of those certain parcels of land currently within its municipal boundaries,as described in Exhibit A attached hereto,and to the annexation of such parcels of land into the City of Waukee {the "Waukee Annexation Territo ").Waukee hereby agrees in concept to the severance of those certain parcels of land currently within its municipal boundaries,as described in Exhibit 8 attached hereto,and to the annexation of such parcels of land into the City of Clive (the "Clive Annexation Territo '"). 3.Solicitation of Pro e Owner Petitions.Clive hereby agrees that Waukee may, in its discretion,take all steps appropriate to solicit property owners who own land within the Waukee Annexation Territory to determine if any such property owners desire to file a Petition for Boundary Adjustment pursuant to Iowa Code $368.25A.Waukee hereby agrees that Clive may,in its discretion„take all steps appropriate to solicit property owners who own land within the Clive Annexation Territory to determine if any such property owners desire to Ale a Petition for Boundary Adjustment pursuant to Iowa Code $368.2SA.If any such petitions are filed by such property owners,Clive and Waukee agree to process such petitions with their respective city councils. 4.Road Maintenance.The Cities currently share maintenance of Alice*s Road, Douglas Avenue and Warrior I.ane in those areas in which such roads are adjacent to the respective City.The Cities agree to continue to be responsible for all roadway maintenance adjacent to their respective existing boundaries and each City agrees to take over responsibility for all roadway maintenance and improvements that are adjacent to property that is severed by one City and subsequently incorporated into the other City. 5.Existino Public Utilities.Waukee agrees to continue to serve those properties within the Clive Annexation Territory with existing utilities as applicable until such time as Clive is able to extend public utilities to serve those properties. 6.Joint Develo ment Communication.The Cities agree to communicate and coordinate concerning long range planning and zoning affecting property within the Waukee Annexation Territory and Clive Annexation Territory while they remain within their respective city.Zoning and rezonings,site plans and subdivisions shall be submitted for review and comment by the staff of each City at least 30 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 subdivision actions. 7.Dou las Parkwa Extension'Related Im rovements.Douglas Parkway is anticipated to extend west of Alice's Road as a four line divided minor arterial as generally depicted in Exhibit C attached hereto,Waukee will be responsible for construction of the initial extension of Douglas Parkway from Alice's Road to NE Westgate Drive prior to October 1, 2016.In the future,Douglas Parkway will be improved from its initial construction to a 4-lane divided minor arterial and Clive agrees to be responsible for the right-of-way acquisition,design and construction costs of the future hnprovements for any portion of Douglas Parkway adjacent to its boundaries at the time of construction.Additionally,Waukee agreed to facilitate the construction of NE Westgate Drive &om Douglas Parkway to the Waukee/Clive corporate boundary prior to October 1,2016. 8.Warrior Lane Annexation,The City of Waukee agrees to work on completing the annexation of those properties located along the west side of Warrior Lane as depicted in Exhibit D attached hereto in order to allow for the City of Clive to complete the annexation of the Warrior Lane right of way to the existing centerline which is also the City of Waukee's corporate limit line.The intent of the Cities is to exercise their best efforts to complete such annexation within 36 months of the date of this Agreement. 9.Namin of Alice's Road.The Cities agree to maintain the name of Alice's Road for the existing street bearing that name from Hickman Road to Meredith Drive, 10.Notice.Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or when deposited in the United States mail,postage prepaid,sent certified or registered,and addressed as follows; If to Clive,to: City of Clive Clive City Hall Building 1900 N,W.114th Street Clive,Iowa 50325 Attention:City Manager b.If to Waukee,to: City of Waukee City Hall 230 W.Hickman Road Waukee,Iowa 50263 Attention:City Manager or to such other address or person as hereafter shall be designated in writing by the applicable City. ll.Miscellaneous,This Agreement constitutes the entire agreement between the Cities who are parties to this Agreement {for the purposes of this Section,each City individually is a "Para,*'and collectively they are the "Parties'*)pertaining to the subject matter hereof and supersedes all negotiations,pre1uninary agreements and all prior and contemporaneous discussions,agreements and understandings of the Parties in connection with the subject matter hereof,No amendment,change or modification of any of the terms,provisions or conditions of this Agreement shall be effective unless made in writing and signed or initialed by all Parties. Waiver of any provision of this Agreement shall not be deemed a waiver of future compliance therewith and such provision shall remain in full force and effect.In the event any provision of this Agreement is held invalid,illegal or unenforceable,in whole or in part,the remaining provisions of this Agreement shall not be affected thereby and shall continue to be valid and enforceable.This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa.This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective legal representatives,heirs,successors and permitted assigns. Nothing in this Agreement,express or implied,is intended to confer upon any Party,other than the Parties hereto |and their respective heirs,legal representatives,successors and permitted assigns),any rights,remedies,obligations or liabilities under or by reason of this Agreement.In addition to any other remedies available at law or in equity to the Parties hereto with respect to a breach hereof,the Parties hereto each reserve the right to enforce this Agreement by specific performance.The titles or captions of paragraphs in this Agreement are provided for convenience of reference only,and shall not be considered a part hereof for purposes of interprets@ or applying this Agreement and such title or captions do not de6ne,limit,extend, explain or describe the scope or extent of this Agreement or any of its terms or conditions. Words and phrases herein shall be construed as in the singular or plural number,and as masculine,feminine or neuter gender,according to the context.Each of the Parties hereto hereby irrevocably waives all right to trial by jury in any action,proceeding or counterclaim arising out of or relating to this Agreement. 12.Filin Recordin of A reement.AAer the execution of this Agreement,a copy of this Agreement shall be filed with the Iowa Secretary of State in accordance with the provisions of Iowa Code $28E,8.This Agreement shall then be recorded in the offices of the Polk County Recorder and Dallas County Recorder in accordance with Iowa Code $28E.8. 13.Se grate Le al Enti .This Agreement is not intended to establish a separate legal entity. 14.Administrators.The Clive City Manager and the Waukee City Manager shall be the designated administrators of this Agreement. 1S.Duration,This Agreement will go into effect upon passage by the governing board of the Cities and the filing and recording of this Agreement as provided in Section.8 above.This Agreement shall remain in effect until it is terminated by the written agreement of the Cities. [THF.REMAINDER Or TatS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLL0%S] IN WITNESS WHEREOF,the Cities have executed this Agreement effective as of the date first above written. CIT OF IVE WA ATTESTATION: By: Scott Cirksena,yor jtA~h.~6,roc.ke-M pppgtg Ci&q C)ev g CITY OF WAUKEE,IOWA ATTESTATION: card,Mayor Becky Schuett,City Clerk STATE OF IOWA ) )ss ) Nota lic in and for the tate of IowaKELLYR[VERA coM/n!s;..o!i xo.&':.,o40! My commission expires: coUNTYop Pto(k On this ~S day of 2014,before me,I ~!l!/+S/lsc+r/tour a Not ry P Mic m and for the S te of Iowa,personally appeared Sco Cirksena and ~& Mrbxm to me personally known,and,who being by me duly sworn,did say that they are the Mayor and City Clerk,respectively,of the City of Clive,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation;and that the instrument was signed 0&I and sealed on behalf of the corporation,by authority of its City Council,as contained in Ress/rr rrt4kdinanee No 2~ra/9 ./rr Passed (the Resolution adoPted)by the City Council,under Rill CallJtr Cirksena and I acknowledged the execution of said in trument to be their voluntary act and deed and th voluntarily act and deed of the corporation,by it voluntarily executed. /Nr tf Ae& a/n,n.~ STATE OF IOWA COUNTY OF ) )ss: On this day of 2014,before me, ,a Notary Public in and for the State of Iowa,personally appe ed BiH Peard and Becky Schuett, to me personally known,and,who being by me duly sworn,did say that they are the Mayor and Director,respectively,of the City of Waukee,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation;and that the instrument was signed and sealed on behalf of the corporation,by authority of its City Council, ~lc/-69 of the city council on the 2!/oh day of Tt/,2014,and that Bill Peard and Becky Schuett acknowledged fhe execution of said ins ent to be their voluntary act and deed and the voluntarily act and deed of the corporation,by it voluntarily exec ted, t otary Pubs in and for the State of Iowa My commission expires:~ [NOTARIZATION PAGE] Exhibit A yankee Annexation Territory LEGEND etmurr mama lMm CWCrII~ENdl%REI'I ~A Exhibit 8 Clive Annexation Territory Exhibit C Proposed Extension of Douglas Parkway CURRBIT PRO PERIY IB TRE CITY OFRCuVEPPOPOBBOTOBE OE4MNRRBO CVRRBRT PROPERIY PI THEO AY OF PIRO BEE PROPOTBO TORE OOOOIRB PASNAY PORBTTBO TOL SVE 8 REBPORBEVTY OP TRE OFI OF YIRIIREIB IIORIII FORCE!IOF COUR IAS PBICBOBYIOOPCRBRREET TEECOY Exhibit D Proposed Annexation of Warrior Lane i CUITFSP ROFCINY FI O8ll48 COlMY TO 8E888mCO INTO TllK CTOI OF TIAIIN88 88 lr " jQP]