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Home My WebLink About2007-01-08-Resolutions 07-17_Annexation Moratorium Agr - WDMTHE CITY OF WAUKEE,lOW A RESOLUTION 07-17 APPROVING THE ANNEXATION MORATORIUM AGREEMENT WITH THE CITY OF WEST DES MOINES,IOWA INTHENAMEANDBYTHEAUTHORITYOFTHECITYOFWAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,a date was established for the City Council of the City of Waukee,Iowa to hold a public hearing regarding the proposed Annexation Moratorium Agreement between the cities of Waukee and West Des Moines,Iowa which imposes terms and conditions upon each city regarding the annexation of territory;AND, WHEREAS,pursuant to Iowa Code Section 368.4,notice setting the time and place of the hearing was published and mailed to the City Development Board of the State of Iowa as required by law;AND, WHEREAS,in accordance with said notice,those interested in the proposed agreement have been given an opportunity to be heard and have presented their views to the city councils of Waukee and West Des Moines,respectively;AND, WHEREAS,a 28E Agreement Between and Among The Des Moines Metropolitan Wastewater Reclamation Authority (WRA),the City of West Des Moines and the City of Waukee for the Provision of'Property Acquisition,Design and Construction Administration Services,and for Financing of the West Des Moines Outfall Extension,Phase 18,Segment 5 Project,an Expedited Project to Construct a WRA Expansion Improvement has been approved by resolution ofthe City of Waukee;AND, WHEREAS,in order to approve the above mentioned 28E agreement,the City of West Des Moines required that the Cities of Waukee and West Des Moines repeal and terminate an existing annexation moratorium agreement that was approved by resolution of the City of Waukee on October 15,2001;AND, WHEREAS,the City Council of the City of Waukee,Iowa finds that the approval ofthe proposed Annexation Moratorium Agreement,a copy of which is attached hereto and made part of this resolution,is in the best interest of the City of Waukee. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA THAT: 1.Pursuant to Code ofIowa Section 368.4,publication of notice regarding the Annexation Moratorium Agreement has been property made and notice to the City Development Board of the State ofIowa has been properly given. 2.The public hearing regarding the Annexation Moratorium Agreement was held by the City of Waukee on September II,2006. 3.The Annexation Moratorium Agreement negotiated with the City of West Des Moines,Iowa,and attached hereto is hereby approved. 4.The Mayor is authorized to sign the attached Annexation Moratorium Agreement and the City Clerk is directed to attest his signature. 5.Upon approval and execution of the Annexation Moratorium Agreement by Waukee,a representative of the City of Waukee Community Development Department shall file the executed Agreement with the City Development Board of the State ofIowa. 6.If the West Des Moines Outfall Extension,Phase 18,Segment 5 Project is breached andlor terminated as agreed upon in the 28E agreement for said project,the Annexation Moratorium Agreement shall terminate and end in accordance with its terms. PASSED AND ADOPTED this 8th day of January 2007. Attest: ROLL CALL VOTE AYE NAY ABSENT Donald L.Bailey,Jr.X Isaiah McGee X JeffV.Mertz X Darlene Stanton X Mike Watts X ANNEXATION MORATORIUM AGREEMENT )This ANNEXATION MORATORIUM AGREEMENT entered into by and between the City of Waukee,Iowa,and the City of West Des Moines,Iowa,as authorized by resolution of the respective City Councils in accordance with Section 368.4 of the Code ofIowa,is as follows: 1.Subject to the terms and conditions of this Annexation Moratorium Agreement, the Cities of Waukee and West Des Moines hereby agree to refrain from the annexation of territory within the boundaries shown on the attached Exhibit"A" and as more particularly described within legal descriptions reflected on Exhibit "B". 2.The Cities of Waukee and West Des Moines agree to the following terms and conditions: Area A:The City of West Des Moines shall not annex property in Area A for the term of this Agreement.During this period,the City of Waukee 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 West Des Moines. Area B:The City of Waukee shall not annex property in Area B for the term of this Agreement.During this period,the City of West Des Moines may use any form of annexation legally available to it under state law to annex property in Area B,without objection from the City of Waukee. Area C:The City of Waukee and the City of West Des Moines shall not annex any property within Area C for term of this agreement. Area D:The City of Waukee shall not annex property in Area D for 10 years unless the West Des Moines City Council takes official action allowing an annexation,by Waukee,to proceed.The City of West Des Moines shall not annex territory in Area D for 10 years unless the Waukee City Council takes official action allowing an annexation,by West Des Moines,to proceed. 3.For purposes of this Agreement the moratorium period shall expire one day following the tenth anniversary date from the later date of approval by the West Des Moines City Council or the Waukee City Council. 4.This Agreement is applicable to all voluntary and involuntary annexation proceedings under Iowa Code Chapter 368 (2005)regarding the above-described territory that are pending at the start of the term of this Agreement as well as any voluntary or involuntary annexation proceedings that may be thereafter commenced. 5.This Agreement shall be binding upon the parties hereto,their heirs,successors and assigns,and may not be modified or terminated except by mutual agreement in writing and signed by both parties.Unless modified or terminated by the parties as provided by this Section 5,this Agreement shall become null and void following the tenth anniversary date ofthe Agreement as provided in Section 3. 6.This agreement shall only become effective upon the City of Waukee,the City of West Des Moines and the Wastewater Reclamation Authority entering into a 28E agreement to construct,in an expedited manner,a sanitary sewer trunk to generally serve the properties depicted in Exhibit "A".At the time this agreement becomes effective an existing annexation moratorium agreement between Waukee and West Des Moines,as recorded in Book 2001 page 14092 at the Dallas County Recorder's Office,would be repealed. i '--r--~--_i~\["" f.---I i '\\r:\-----_."~ l-\, j:-=:± r-- ~\-----F-~--....---~ c 0 '-'rox'"cc« '"'"~ ::J '"5: ::::i1 xvc~5:Bvv 1::>'3 '"~ U>o c L- 0.. .~.""'Iv