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Home My WebLink About2016-07-18-J09 28E Agr Amendment - Clive Boundary Clean up MEE AGEN FORM SYNO FISC COM STAF RECO ATTA ETING DATE NDA ITEM: MAT: OPSIS INCL CAL IMPACT MMISSION/B FF REVIEW OMMENDA ACHMENTS CITY COU E: July 18 : Consid Agreem betwee Resolut LUDING PRO entered two citi Wauke that cou Clive h along A severan The pro concern stipulat respons provide remaini five yea getting The sec annexa remaini T INCLUDIN BOARD/COM W AND COM ATION: App S: I. II. III. CITY OF W UNCIL MEE 8, 2016 deration of app ment regardin n Clive and W tion O & CON: I d into a 28E A ies common b e that could b uld voluntaril has secured vo Alice’s Road nce of those p oposed First A ns that were b tes that the Ci sibilities for A e payment to ing Waukee p ars and will e voluntary an cond provisio ation lines to t ing properties NG COST/B MMITTEE C MMENT: Sta prove the moti Proposed Re Original Ag First Amend WAUKEE, ETING CO proval of a Fi ng a Common Waukee In 2014, the C Agreement reg borders. Spec be voluntarily ly be annexed oluntary petiti and Waukee h properties. Amendment t brought up by ity of Clive w Alice’s Road. Clive for mai properties. Th end which pro nnexation from on stipulates th the centerline s along the w BENEFIT AN COMMENT aff would rec ion. esolution greement dment AGE IOWA OMMUNICA irst Amendme n Border Adju City of Wauk garding provi cifically the a y annexed into d into Waukee ions from sev has already p to the Agreem y staff. Speci will take over For a period intenance rela his payment w ovides an ince m the remaini hat Clive is n e of the road u west side of Al NALYSIS: T: ommend app ENDA ITEM: ATION ent to Intergo ustment Plan b kee and the Ci isions to bette agreement ide o Clive and la e. veral of the pr proceeded forw ment addresse fically, the ag all maintenan d of five years ated to Alice’ will graduate entive for Cliv ing property o not obligated t until such futu lice’s Road ar proval of the r overnmental by and ity of Clive er align the entified land i and in Clive roperty owner ward with es a couple of greement nce s, Waukee wi ’s Road for th down over ve to work on owners. to extend the ure date as the re annexed. resolution. in rs f ill he n e PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING A COMMON BORDER ADJUSTMENT PLAN BY AND BETWEEN CLIVE AND WAUKEE IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the Cities of Waukee and Clive have previously entered into an Agreement regarding certain common boundary adjustments along their common borders in order to more effectively provide municipal services and planning for future development (Resolution No. 14- 189); AND, WHEREAS, pursuant to Section 11 of the Agreement, the Cities desire to amend the Agreement to revise provisions related to roadway maintenance, and annexation procedures, pursuant to the terms and conditions of this Amendment. NOW THEREFORE BE IT RESOLVED by the Waukee City Council that the City of Waukee hereby approves the First Amendment to 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 18th day of July, 2016. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Brian Harrison Shelly Hughes Larry R Lyon Rick Peterson WHEN RECORDED RETURN TO: Joyce Cortum Clive City Clerk Clive City Hall Building 1900 NW 114th Street Clive, Iowa 50325-7077 Preparer Information: Alex Pfaltzgraff, 1900 NW 114th Street, Clive, Iowa 50325 Phone: (515) 223-6221 _______________________________________________________________________________________________________ FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING A COMMON BORDER ADJUSTMENT PLAN BY AND BETWEEN CLIVE AND WAUKEE THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT ("Amendment") is entered into this ____ day of _________________, 2016, by and between the CITY OF CLIVE, IOWA, a municipal corporation ("Clive") and the CITY OF WAUKEE, IOWA, a municipal corporation ("Waukee ") (Clive and Waukee are referred to herein individually as a "City" or jointly as the "Cities"), pursuant to Chapter 28E of the Iowa Code. RECITALS WHEREAS, each of the Cities is party to that certain Intergovernmental Agreement Regarding a Common Border Adjustment Plan entered into pursuant to the provisions of Chapter 28E of the Code of Iowa, and filed for record in Dallas County, Iowa on August 28, 2014 at Book 2014, Page 11357, as well as in Polk County, Iowa on August 14, 2014 at Book 15289, Page 432-441 (the “Agreement”); and WHEREAS, pursuant to Section 11 of the Agreement, the Cities desire to amend the Agreement to revise provisions related to roadway maintenance, and annexation procedures, pursuant to the terms and conditions of this Amendment; and NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants and agreements contained herein, the Cities, as parties to the Amendment, agree as follows: 1. The following paragraph hereby replaces Section 4. in entirety: 4. Roadway Maintenance. The Cities currently share maintenance of Alice’s Road, Douglas Avenue and Warrior Lane in those areas in which such roads are adjacent to the respective City. With respect to Alice’s Road, the City of Clive agrees to take over the maintenance of Alice’s Road north of Douglas Avenue. Maintenance shall include but not be limited to snow and ice removal, pavement markings, shoulder work, ditch cleaning and patching. In exchange for the City of Clive’s willingness to take over maintenance, the City of Waukee agrees to provide the following annual payments. Payment shall be due each year on the 31st of July. July, 2016: $12,000 July, 2017: $9,600 July, 2018: $7,200 July 2019: $4,800 July, 2020: $2,400 The Cities agree to continue to be responsible for all other roadway maintenance adjacent to their respective existing boundaries as outlined in current agreements 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. 2. The following paragraph is hereby added after Section 8. 9. Alice’s Road Annexation: The City of Waukee agrees that the City of Clive shall be permitted to submit applications for voluntary annexation along Alice’s Road, for territories that do not extend to the centerline of Alice’s Road. 3. All subsection sections shall be re-numbered appropriately. 4. Except as specifically amended hereby, the Agreement shall continue in full force and effect. 5. This Amendment is entered into pursuant to the provisions of Chapter 28E of the Code of Iowa. The Cities hereto shall cause this Amendment to be filed with the Secretary of State of Iowa and recorded with the Dallas County Recorder and Polk County Recorder. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the Cities have executed this Agreement effective as of the date first above written. CITY OF CLIVE, IOWA By: ____________________________ Scott Cirksena, Mayor ATTESTATION: ___________________________ Joyce Cortum, City Clerk CITY OF WAUKEE, IOWA By: ____________________________ Bill Peard, Mayor ATTESTATION: ____________________________ Becky Schuett, City Clerk [SIGNATURE PAGE] STATE OF IOWA ) ) ss: COUNTY OF ____________ ) On this day of _________________, 2016, before me, , a Notary Public in and for the State of Iowa, personally appeared Scott Cirksena and Joyce Cortum, 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 and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the day of ______________, 2014, and that Scott Cirksena and Joyce Cortum acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed. _________________________________ Notary Public in and for the State of Iowa My commission expires:_________ STATE OF IOWA ) ) ss: COUNTY OF ____________ ) On this day of ________________, 2016, before me, , a Notary Public in and for the State of Iowa, personally appeared Bill 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, as contained in Ordinance No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the day of _______________, 2014, and that Bill Peard and Becky Schuett acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed. _________________________________ Notary Public in and for the State of Iowa My commission expires:_________ [NOTARIZATION PAGE]