Annexation Agreement

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Transcription:

Annexation Agreement

Proposed Annexation Agreement with Coralville Advantages: Protects North Liberty s ability to grow east and north for many years, a policy Council has made clear is very important. Protects our most economical growth area. Speaks to a sophisticated and intelligent working relationship with our neighboring communities (we also have an agreement with Tiffin). Allows us to plan for growth of infrastructure with much more financial security, knowing that our investments will be repaid with income from eventual new development. Avoids the situation where sometimes cities rush to annex before it makes sense for them to do so, just to beat the neighboring city to a particular area. Avoids protracted legal proceedings, significant legal costs, and negative city image resulting from annexation disputes. Avoids high costs and low returns of maintaining and improving old and substandard infrastructure of rural subdivisions. Includes future annexation, by North Liberty, of land that has been discussed as most likely area to be site of new high school, if built. Provides most rural residents with protection from annexation by either city. Eliminates risk to North Liberty, as well as rural residents, if decision left to City Development Board or court. What comes with the resulting annexations over time: Cost of maintaining and upgrading major streets in the annexation area (as they are annexed not immediately). Cost of extending municipal utilities to serve annexation area (anticipated to be paid with revenue bonds and developer impact fees). Additional staff costs resulting from larger area, larger population, and more demand for services.

ANNEXATION AGREEMENT THIS AGREEMENT entered into by and between the City of Coralville, Iowa, hereafter referred to as Coralville ; and the City of North Liberty, Iowa, hereafter referred to as North Liberty. WHEREAS, Coralville and North Liberty have heretofore deemed it necessary and desirable to establish an agreement for annexation in order to provide the best opportunity for orderly planning, development and the provision of municipal services within an area of unincorporated Johnson County that borders both cities; and WHEREAS, to that end, the cities desire to establish an annexation boundary to allow for both cities to engage in long range planning for this area and to provide municipal infrastructure and services to the area so as to not duplicate services; and WHEREAS, in addition, pursuant to Section 368.4 of the Code of Iowa (2011), the cities desire to formally enter into a moratorium agreement for a period of ten (10) years from the effective date of this Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Purpose. It is in the public interest of the citizens of Coralville, the citizens of North Liberty, and the citizens of that part of unincorporated Johnson County that is within the areas set out below (also see Attachment A) to establish this Annexation Agreement in order to provide for effective planning, orderly development, and efficient delivery of municipal services along the common boundary of Coralville and North Liberty. 2. Annexation Boundary/Moratorium. Coralville and North Liberty hereby agree to the following with respect to the four areas depicted on Attachment A, which is attached hereto and incorporated into this Agreement by this reference: Area A: Coralville shall not annex any property in Area A for the term of this Agreement and any extensions hereto. North Liberty may use any form of annexation legally available to it under applicable state law to annex any of the property in Area A, without objection from Coralville. Area B: North Liberty shall not annex property in Area B for the term of this agreement and any extensions hereto. Coralville may use any form of annexation legally available to it Page 1 of 5

under applicable state law to annex any property in Area B, without objection from North Liberty. Area C: North Liberty shall not annex property in Area C for the term of this agreement and any extensions hereto. Coralville may annex any property in Area C only if said annexation is voluntary under applicable state law, without objection from North Liberty. Area D: Coralville and North Liberty shall not annex property in Area D for the term of this agreement and any extensions hereto. 3. Extraterritorial Subdivision and Rezoning Review. Notwithstanding which city is located closer to any proposed subdivision or rezoning in unincorporated Johnson County, North Liberty and Coralville agree that pursuant to Iowa Code Section 354.9 and separate agreements between the cities and Johnson County: A. Proposed subdivisions and proposed rezoning of properties located in Area A may be reviewed by North Liberty only, consistent with its ordinances. B. Proposed subdivisions and proposed rezoning of properties located in Areas B and C may be reviewed by Coralville only, consistent with its ordinances. C. Neither North Liberty nor Coralville shall exercise its authority to review proposed subdivisions or proposed rezoning of properties in Area D. 4. Applicability of Agreement. This Agreement is applicable to all annexation proceedings, whether voluntary or involuntary, any pending annexation applications currently before the City Development Board, and any annexation proceedings commenced after the effective date of this Agreement. All such proceedings that have been commenced by either city, but not completed, shall be amended to comply with the terms of this Agreement. Furthermore, any portion of any petition for annexation, whether voluntary or involuntary, in conflict with the terms of this Agreement shall be terminated and withdrawn by the petitioning city. For purposes of this Paragraph 3, completion of annexation shall mean the approval by the City Development Board, expiration of appeal period and recording of the annexation petition/application in the Office of the Johnson County Recorder prior to the effective date of this Agreement. Both Coralville and North Liberty expressly agree not to annex territory in violation of the terms of this Agreement. Each city, its officials, agents and representatives, expressly agree not to aid or support in any way, any person, party, agency or governmental body who may oppose, enjoin or obstruct the other city in pursuit of any annexation that conforms to this Agreement. 5. Sanitary sewer and water installation. Both parties acknowledge that each city will need to install sanitary sewer and other improvements in the future to serve each city s proposed Page 2 of 5

annexation area. To that end, each city shall cooperate with the other city to obtain easements and coordinate to construct said improvements. Both cities acknowledge that the sanitary sewer and water trunk lines for each city shall be constructed simultaneously to the maximum extent possible with the other city s so as to limit disruption to the area. A. Coralville agrees to grant North Liberty an easement on, through, and under an area, generally described as extending from the SW corner of Lot A, Allalone Second Subdivision, to the NW corner of Lot 1, Allalone Second Subdivision in Johnson County, for sewer and water utilities upon North Liberty s request and upon notice of at least ninety (90) days. North Liberty shall be responsible for legal, administrative, engineering, and recording fees related to this easement grant but shall not be required to pay any additional fees or costs to Coralville for said grant. 6. Rights and Obligations. This Agreement creates rights and obligations only among these two parties as political subdivisions and is to be interpreted, applied or enforced by these entities only. This Agreement 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 any city, and whether directly or as a third party beneficiary. 7. Statutory Authority. This Agreement is entered into pursuant to Chapter 368 of the Code of Iowa (2011). 8. Effective Date and Duration. The effective date of this Agreement shall be the later of the dates of the Resolutions approving this Agreement, as shown herein. Prior to approval, each city is required to provide written notice to the Iowa City Development Board and Johnson County Board of Supervisors, publish notice of said Agreement in each city s official newspaper and to hold hearings as required by Section 368.4 of the Code of Iowa (2011) to ensure that this Agreement meets the requirements of a Moratorium Agreement. This Agreement shall remain in full force and effect for a period of ten (10) years following the effective date of this Agreement. Within ten (10) days following the effective date of this Agreement, the City Clerk of Coralville and the City Clerk of North Liberty shall file a copy of this Agreement with the Iowa City Development Board. 9. Extensions. The cities agree to regularly review this Agreement and anticipate extending the Agreement periodically for the maximum time permitted by state law, so long as this Agreement continues to serve the long term interest of both cities, as determined by the City Council of each city respectively. 10. Amendment and Extension. All amendments and extensions must be in writing and signed by both parties hereto. Page 3 of 5

11. Attorneys fees. Both Coralville and North Liberty expressly agree that the prevailing party in a suit necessary to enforce the terms of this Agreement shall be entitled to reasonable attorneys fees and costs. 12. Severability. If any section, provision or part of this Agreement shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 13. Approval by Resolution. Attached hereto as Attachments B and C are copies of the resolutions of the City Councils of Coralville and North Liberty respectively. 14. Filing. This Agreement shall be filed with the Iowa Secretary of State as provided by law. CITY OF NORTH LIBERTY: CITY OF CORALVILLE: Thomas A. Salm, Mayor ATTEST: Jim L. Fausett, Mayor ATTEST: Tracey Mulcahey, City Clerk Thorsten J. Johnson, City Clerk STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this day of, 2011, before me a Notary Public in and for said County, personally appeared Jim L. Fausett and Thorsten J. Johnson, to me personally known, who being duly swore that they are the Mayor and City Clerk, respectively of the City of Coralville, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk Page 4 of 5

acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) Notary Public On this day of, 2011, before me a Notary Public in and for said County, personally appeared Thomas A. Salm and Tracey Mulcahey, to me personally known, who being duly swore that they are the Mayor and City Clerk, respectively of the City of North Liberty, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public Page 5 of 5

Attachment A

Resolution No. 11-114 RESOLUTION APPROVING THE ANNEXATION AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND THE CITY OF CORALVILLE THAT SETS FORTH THE TERMS AND CONDITIONS OF ANNEXATION AND DEVELOPMENT. WHEREAS, the City of North Liberty and the City of Coralville desire to implement an agreement regarding annexation and development, and WHEREAS, the Annexation Agreement sets forth the policy for annexation and development in the area between the two communities. WHEREAS, the City Clerk is directed to file said document with the City Development Board within ten days of full execution. NOW, THEREFORE, BE IT RESOLVED by the North Liberty City Council that the Annexation Agreement between the City of North Liberty and the City of Coralville is hereby accepted and approved. Adopted at North Liberty, Iowa, this day of, 20. CITY OF NORTH LIBERTY By: Thomas A. Salm, Mayor Attest: Tracey Mulcahey, City Clerk City of North Liberty 2011 Resolution Number 11-114 Page: 1

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