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HomeMy WebLinkAbout2021-04-19-G01 Annexation Moratorium Agreement_Urbandale_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 19, 2021 AGENDA ITEM: Public hearing on an annexation moratorium agreement between the City of Waukee, Iowa and the City of Urbandale, Iowa FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The Cities of Waukee and Urbandale have an existing annexation moratorium agreement that is set to expire later this year. The existing agreement defines a line, which each community could annex up to. That line generally extends ½ mile north of Meredith Drive from Warrior Lane to R-16. City staff has coordinated with the City of Urbandale in a new ten year annexation moratorium agreement which extends the same provisions as were included in the existing agreement for an additional ten year time period. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Prior to the public hearing, a copy of the proposed agreement was mailed to the Dallas County Board of Supervisors and the City Development Board as is required by State Code. Urbandale is scheduled to hold a public hearing and take action on the agreement on April 20, 2021. RECOMMENDATION: Hold the Public Hearing ATTACHMENTS: I. Annexation Moratorium Agreement II. Annexation Boundary Map PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: 3/18/21 and 4/8/21 G1 Prepared by: Brad Deets, Development Services, City of Waukee, 230 W Hickman Road, Waukee, IA 50263 (515) 978-7899 Return to: Rebecca D. Schuett, City Clerk, City of Waukee, 230 W Hickman Road, Waukee, IA 50263 (515) 978 -7904 Annexation Moratorium Agreement pursuant to Iowa Code Sections 368 and 28E between the City of Urbandale, Iowa and City of Waukee, Iowa WHEREAS, the CITY OF WAUKEE (hereafter referred to as "Waukee") and the CITY OF URBANDALE (hereafter referred to as "Urbandale") are joi ntly 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 and such Boundary being generally shown on the map attached hereto as Exhibit “B”. SECTION 3. ANNEXING MORATORIUM. In accordance with Iowa Code Chapter 368 (2021) 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 ext ent 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, 2021, 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 operat ing 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 adjudg ed 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 requ ired by Iowa Code Section 368.4 (2021). This Agreement shall be in full force and effect for a period of ten years after the aforementioned effective date. Dated this _____ day of ______, 2021 Dated this ______ day of ______, 2021. CITY OF WAUKEE, IOWA CITY OF URBANDALE, IOWA _________________________ Courtney Clarke, Mayor ________________________ Robert D. Andeweg, Mayor ATTEST: _________________________ Rebecca D. Schuett, City Clerk ATTEST: _________________________ Nicole Lunders, City Clerk MUNICIPAL CORPORATION CERTIFICATE OF ACKNOWLEDGEMENT STATE OF IOWA, COUNTY OF DALLAS, ss On this day of ________ A.D. 2021, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, 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 Courtney Clarke and Rebecca D. Schuett as such officers, acknowledged the execution of said instrument to be the voluntary act and deed o f said municipal corporation, by it and by them voluntarily executed. __________________________________ Notary Public in and for the State of Iowa My Commission expires ______________ MUNICIPAL CORPORATION CERTIFICATE OF ACKNOWLEDGEMENT STATE OF IOWA, COUNTY OF POLK, ss On this _____ day of ________ A.D. 2021, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert D. Andeweg and Nicole Lunders, 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 Nicole Lunders 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. __________________________________ Notary Public in and for the State of Iowa My Commission expires ______________ 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 S outh 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 5th 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 Sou theast Quarter of Section 14, Township 79 North, Range 27 West of the 5 th 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.