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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 owa ota ubl' m and or the Rtate My Commission expires I � " ))o d 5 - a6�� 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