HomeMy WebLinkAbout2021-11-01-Resolution 2021-458_Annexation Moratorium Agreement, Van MeterTHE CITY OF WAUKEE, IOWA
RESOLUTION 2021-458
APPROVING A 28E AGREEMENT PROVIDING FOR AN ANNEXING
MORATORIUM FOR A PERIOD OF TEN YEARS BETWEEN THE CITIES OF
WAUKEE AND VAN METER
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, 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 November 1, 2021, following
publication of Notice of the Hearing in The Dallas County News on October 21, 2021, and
following service of the Notice of Hearing upon the City Development Board and the Dallas
County Board of Supervisors, by regular mail, on September 30, 2021; 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 ten years.
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 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.
BE 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 approved this the I't day of
November 2021.
Courtney Clarke, Mayor
ttest:
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
2
NAY ABSENT ABSTAIN
Prepared by: Brad Deets, Assistant City Administrator, City of Waukee, 230 W Hickman Road, Waukee, IA 50263 (515) 978-
7899
Return to: Rebecca D. Schoe0, 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 VAN METER, IOWA AND CITY
OF WAUKEE, IOWA
WHEREAS, the City of Van Meter, Iowa (hereinafter referred to as Van Meter), and the City of
Waukee, Iowa (hereinafter referred to as Waukee), are jointly 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 Van Meter, 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 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 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 Van Meter hereby
agree to establish an annexation boundary (hereinafter '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". this Annexation
Moratorium Agreement.
SECTION 3. ANNEXING MORATORIUM. In accordance with Iowa Code Chapter 368
(2021) and defined therein, Van Meter and Waukee agree as follows:
Area A: Waukee shall not annex property in Area A for the term of this Agreement.
During this period, Van Meter may use any form of annexation legally available to it
under state law to annex property in Area A, without objection from Waukee.
Area B: Van Meter shall not annex property in Area B for the term of this Agreement.
During this period, Waukee may use any form of annexation legally available to it under
state law to annex property in Area B, without objection from 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 be commenced
in the future, to the fullest extent allowed and as provided by Iowa Code Chapter 368 (2021). 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.
Both cities agree 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 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 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 S. STATUTORY AUTHORITY. This Agreement is entered into pursuant to Iowa
Code Section 368.4 Code of Iowa, 2021, and is a joint exercise of governmental powers pursuant
to Chapter 28E, Code of Iowa, by Van Meter and Waukee. It does not create a separate legal
entity; grants no power to purchase, own, mortgage real or personal property; creates no
governing board; and does not have an operating budget.
SECTION 9. SEVERABILITY. 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 adjudged invalid or unconstitutional.
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 (2021). 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.
Dated this 1* day of NA)6 U -2021
CITY OF WAUKEE, IOWA
XL-:Z--
Courtney Clarke, Mayor
ATTEST:
Rebecca D. Schuett, City Clerk
Dated this '6 If day of
CITY OF VAN METER, IOWA
am(�-- 8 - Na IZ-10
Allan Adams, Mayor
TTEST:
MUNICIPAL CORPORATION CERTIFICATE OF ACKNOWLEDGEMENT
STATE OF IOWA, COUNTY OF DALLAS, ss
On this _�__ day of NOA)'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 swom, 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 of said
municipal corporation, by it and by them voluntarily executed.
*ismNotiry Publi6 in and for the State of Iowa
My Commission expires 1 16 1- '-
MUNICIPAL CORPORATION CERTIFICATE OF ACKNOWLEDGEMENT
STATE OF IOWA, COUNTY OF DALLAS, ss
On this $1"day of A304-1vA.D. 2021, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Allan Adams and Liz Thompson, to me personally
known, who being by me duly swom, did say that they are the Mayor and City Clerk,
respectively, of the City of Van Meter, 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 Allan Adams and Liz Thompson 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.
1pPA &" KYLE MICHEL
$ F Commission Number 801006
My Commission Expires
ow December 29, 2022
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EXHIBIT A
LEGAL DESCRIPTION OF MORATORIUM BOUNDARY LINE
The cities of Waukee and Van Meter hereby agree upon and approve the establishment of an
Annexation Boundary Line legally described as follows:
A LINE IN SECTIONS 2, 3, 10, 11, 14, 23, 24, 25 AND 26 IN TOWNSHIP 78 NORTH,
RANGE 27 WEST OF THE FIFTH PRINCIPAL MERIDIAN, VAN METER TOWNSHIP,
DALLAS COUNTY, IOWA DELINEATES AN ANNEXATION MORATORIUM LINE
BETWEEN THE CITIES OF WAUKEE, IOWA AND VAN METER, IOWA. THIS LINE IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A LINE COMMENCING AT THE SOUTHWEST CORNER OF SECTION 3 (ALSO BEING
THE NORTHWEST CORNER OF SECTION 10), TOWNSHIP 78 NORTH, RANGE 27
WEST;
THENCE; EAST ALONG THE SOUTH LINE OF SECTION 3 (ALSO BEING THE NORTH
LINE OF SECTION 10), TOWNSHIP 78 NORTH, RANGE 27 WEST TO THE SOUTHWEST
CORNER OF SECTION 2 (ALSO BEING THE NORTHWEST CORNER OF SECTION 11),
TOWNSHIP 78 NORTH, RANGE 27 WEST;
THENCE EAST ALONG THE SOUTH LINE OF SECTION 2 (ALSO BEING THE NORTH
LINE OF SECTION 11), TOWNSHIP 78 NORTH, RANGE 27 WEST TO THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 78 NORTH,
RANGE 27 WEST;
THENCE SOUTH ALONG THE WEST LINE OF THE NORTHWEST/4 OF THE
NORTHEAST'/4 TO THE SOUTHWEST CORNER OF THE NORTHWEST/4 OF THE
NORTHEAST %4 OF SECTION 11, TOWNSHIP 78 NORTH, RANGE 27 WEST, SAID POINT
ALSO BEING THE CENTERLINE OF 322No ROAD;
THENCE WEST ALONG THE CENTERLINE OF 322"n ROAD TO THE CENTERLINE OF
S AVENUE;
THENCE SOUTH ON THE CENTERLINE OF S AVENUE TO THE CENTERLINE OF 337T"
LANE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE NORTHEAST'/.
OF THE SOUTHWEST '/4 OF SECTION 14, TOWNSHIP 78 NORTH, RANGE 27 WEST;
THENCE EAST ALONG THE SOUTH LINE OF THE NORTHEAST/4 OF THE
SOUTHWEST'/4 AND THE NORTHWEST/4 OF THE SOUTHEAST''A OF SECTION 14,
TOWNSHIP 78 NORTH, RANGE 27 WEST TO THE SOUTHEAST CORNER OF SAID
NORTHWEST %4 OF THE SOUTHEAST'/4 OF SECTION 14:
THENCE SOUTH ALONG THE WEST LINE OF THE SOUTHEAST''A OF THE
SOUTHEAST %4 OF SECTION 14, TOWNSHIP 78 NORTH, RANGE 27 WEST AND
ALONG THE WEST LINE OF THE NORTHEAST 'A OF THE NORTHEAST '/4 OF
SECTION 23, TOWNSHIP 78 NORTH, RANGE 27 WEST TO THE SOUTHWEST CORNER
OF SAID NORTHEAST %4 OF THE NORTHEAST'A OF SECTION 23, TOWNSHIP 78
NORTH, RANGE 27 WEST;
THENCE WEST ALONG THE NORTH LINE OF THE EAST %z OF THE SOUTHWEST''A
OF THE NORTHEAST'A OF SECTION 23, TOWNSHIP 78 NORTH, RANGE 27 WEST;
THENCE SOUTH ALONG THE WEST LINE OF THE EAST %z OF THE SOUTHWEST''A OF
THE NORTHEAST'A AND THE EAST %z OF THE NORTHWEST'A OF THE SOUTHEAST
/4 OF SECTION 23, TOWNSHIP 78 NORTH, RANGE 27 WEST;
THENCE EAST ALONG THE SOUTH LINE OF THE EAST %z OF THE NORTHWEST/4 OF
THE SOUTHEAST''/4 AND THE NORTHEAST''A OF THE SOUTHEAST'A OF SECTION
23, TOWNSHIP 78 NORTH, RANGE 27 WEST;
THENCE SOUTH ALONG THE WEST LINE OF THE SOUTHWEST %4 OF THE
SOUTHWEST'/4 OF SECTION 24, TOWNSHIP 78 NORTH, RANGE 27 WEST AND THE
WEST LINE OF SECTION 25, TOWNSHIP 78 NORTH, RANGE 27 WEST TO THE
CENTERLINE OF THE FORMER CHICAGO ROCK ISLAND AND PACIFIC RAILROAD;
THENCE EAST ON THE CENTERLINE OF THE FORMER CHICAGO ROCK ISLAND
AND PACIFIC RAILROAD TO THE CENTERLINE OF TABOR ROAD.
Such Annexation Boundary Line being generally as shown on the map attached hereto as Exhibit
"B„
EXHIBIT B
MORATORIUM MAP - VAN METER AND WAUKEE