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Home My WebLink About2015-01-05-Resolutions 15-001_Annexation Moratorium Agr - Van MeterTHE CITY OF WAUIME,IOWA RESOLUTION 15-001 APPROVING A 28E AGREEMENT PROVIDING FOR AN ANNEXING MORATORIUM BETWEEN THK CITIES OF WAUKKE AND VAN METER IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF WA UEEE,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 Van Meter on January 5,2015,following publication of Notice of the Hearing in the Dallas County News on December 18,2014 and following service of the Notice of Hearing upon the City Development Board and the Dallas County Board of Supervisors,by regular mail,on December 9,2014;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 Van Meter for a period of time that would expire on September 17,2022. NOW THEREFORE BK 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 Van Meter,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. BK IT THEREFORE RESOLVED by the City of Waukee City Council that the Mayor and City 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 approv January 2015. this the 5'"day of liam .Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN ANNEXATIOiN MORATORIUM AGREKMKNT 'O'HKREAS,the City of Van Meter,Iowa (hereinafter referred to as Van Meter),and the City of Waukee,Iowa (hereinafter refciied to as Waukee),are interested in the annexation of certain territories that are witlnn the planning areas of each city;and YVHEREAS,it is in the public interest to provide for the orderly annexation of certain territory to Van Meter,certain territory to Waukee,and to assure communication between the two cities so as to allow the best oppoitunity for orderly development of propeity,compatible uses,and coordinate public infrasti~icture along the common boundary to tlie maximum extent possible; NO%,THEREFORE,IT IS AGREED AS FOI,LOWVS; SECTION 1.PURPOSE.It is in the public interest for Van Meter 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 ancl development, continuity of street systems,and public improvements along the Annexation Boundary established in Section 2 of this Agreemcnt. SECTION 2.ANNEXATION BOUNDARY,The Cities of Waukee and Van lveeter hereby agree to refrain fiom the annexation of territory within the boundaries shown on the attached Exhibit "A"as provided in this Annexation Moratorium Agreement. SECTION 3.ANNEXING AIORATORIUM.In accordance with iowa Code Chapter 368 (2014)and defined therein,Van Meter and Waukee agree as follows; Area A:The City of Waukee shall not annex property in Area A for the term of this Agrecinent,During this period,the City of Van Meter 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 Waukee. Area B:The City of Van Meter shall not ainicx propeitty in Area 8 for the teriu of this Agreement.During this period,the City of Waukce may use any form of annexation legally available to it under state law to annex propeity in Area 8,without objection from the City of Van Meter, SECTION 4.APPLICABILITY.This Agreement is applicable to all annexation proceedings, both voluntary and involuntary,and pending annexations as well as any that may bc cominenced 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 terininated 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 appi oval aiicl slgllatul e on this Agl ccliielit, 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 mariner as it is defined and used in Iowa Code Chapter 368,unless specifically defined herein, SKCTION S.JOINT DEVELOPMENT COMMUNICATION The cities agree to conununicate concenung long range planning and zoning of property along the Annexation Boundaiy,Zoning and rezorungs,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 thc other City when considering zoning,rezonings,site plans,plats and subdivisions actions, SECTION 6.STREET IMPROVKliKNTS.For street infrastructure planning undertaken svithin one-eight mile (660 feet}of the Annexation Boundary,the Cities shall communicate their plans for street and access points to the other as plans are being developed aiid/or modified.Each City agrees to provide coirunent to the other concerning such planning and placement within a reasoiiable time for consideration of fhe planning City in making such plans. SKCTIOiN 7.RIGHTS AND OBLIGATIONS.This Agreement creates rights ancl obligations only among these two parties as govermnental 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 tlurcl pasty beneficiary. SECTION 8.STATUTORY AUTHQHITY.This Agreement is entered into pursuant to Iowa Code Section 368.4 (2011). SECTION 9.KI FKCTIVK DATE AND DURATION.The effective elate of this agreement shall be the latei of approval dates of the two Cities.Pictor to approval,each City is required to publish notice and to hold hearings as required by Iowa Code Section 368.4 {2014).This Agreement shall be in full force and effect until September 17,2022,at which time it shall expire and be of no further effect.Either painty to this agreement may petition for an amendment, extension,or terinination of this agreement by providing written notice to the other party with at least thii&(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 teimination becomes effective. SECTION 10,SEVERABILITY,If any section,provision,or part of this Agreement shall be adjudged to be invalid.or unconstitutional,such adjudication shaB not affect the validity of the Agreement as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional, Dated this ~~'day o EST:CITY OF VAN 1VIETER,IOWA Liz Thompson,City C e k Allan Adams,Mayor Dated.this 5+day of JgH gg& ATTEST:CITY OF WAUI&EE,IOWA Rebecca D.Schuett,City Clerk illiam .Peard,ayor This Agreement was duly filed and recorded in the Office of the Secretary of State of the State of Iowa on this day of ,2014, Secretary of State Exhibit A MoI atoriurn Map —WBUkee end Van Meter oed -'-.-"='::-'=40t .T'":="-. J -:..~Pro jiosiIt wiok ji-@in'Alytet MarotaltIm .-;:.,~Vitri',Mitej.Cttj'L'fmlts .';