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Home My WebLink About1982-11-01 Resolutionr RESOLUTION NO. 82-265 RESOLUTION AUTHORIZING THE EXECUTION OF THE JOHNSON COUNTY CARE FACILITY LAND USE AGREEMENT BETWEEN JOHNSON COUNTY AND THE CITY OF IOWA CITY, IOWA. WHEREAS, it is in the mutual interest of Johnson County and the City of Iowa City to enter into an agreement regarding the provision of water to the Johnson County Care Facility and development issues related thereto; and WHEREAS, Chapter 28E of the Code of Iowa, 1982, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power, i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that: 1. The Mayor be authorized to execute and the City Clerk to attest this agreement, and, 2. The City Clerk shall file this agreement with the Secretary of State and the Johnson County Recorder. It was moved by Erdahl and seconded by Lynch the Resolution be adopted, and upon rolT call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 1st day of November 1982. c. MAYOR ATTEST: CITY CLERK IIICR0(1LI,ED BY 1 --CORM MICR¢LAB 1 � CEDAR RAPIDS DES MOINES f 1 Recelved & Approved By The Legal De arimenl kJA 11%�L t96 r LF�a �I CITY OF CIVIC CENTER 410 E. WASHINGTON ST OW/z\ CITY IOWA CITY, IOWA 52240 (319) 356-500D November 12, 1982 Mary Jane Odell Secretary of State Iowa State Capitol Building Des Moines, Iowa 50319 Dear Ms. Odell: The City of Iowa City and Johnson County have entered into an agreement conforming to Chapter 28E of the Code of Iowa regarding development for other than county purposes of land owned by the County, adjacent to and surrounding the County Care Facility. I Attached is an originally executed certified resolution authorizing the agreement, with the originally•executed agreement, as adopted by the City, and executed by the County. Yours very truly, Abbie Stolfus, City Clerk, CMC MICROFILMED BY JORM MICREILAE3 - CEDAR RAPIDS DES MOINES i I 1,01 J� DC /0//,v SSE 5 • �09 Y Y y btate of 3otna &ecretarp of Mate STATE CANTOL BUILDING MARY JANE ODELL' ea+ /n0111eg' DES MOINES. IA. 503 19 SECRETARY OF STATE 515-201+5964 November 30, 1982 t Abbie Stolfus, City Clerk Civic Center, 410 E. Washington I Iowa City, Iowa 52240 } RE: Agreement between the City of Iowa City and Johnson County, Iowa I Dear Ms. Stolfus: We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1981 Code of Iowa. You may consider the same filed as of November 30, i 1982. Sincerely, T Y ANE ODELL et crary of State MJO/kl MICROFILMED BY _JORM MICRESLA13 CEDAR RAPIDS DES MOINES �L I ILL _ _ L r J� r JOHNSON COUNTY CARL' FACILITY LAND USE AGREEMENT This agreement is entered into by and between Johnson County, herein- after referred to as County, and the City of Iowa City, hereinafter referred to as City. WHEREAS, the City has enacted a Comprehensive Plan which sequences growth within the City, dependent upon accommodating projected popula- tion increases and extending municipal services in a manner which pro vides for compact and contiguous growth; and WHEREAS, the City's Comprehensive Plan has designated the area in which the County Care Facility is located as presently outside the line of limits of urban development; and WHEREAS, this same area is shown on the Comprehensive Plan Update pro- posal as Agricultural/Rural Residential for the purpose of preventing premature development prior to the provision of essential municipal services; and WHEREAS, the Johnson County Rural Development Policy established a policy that growth adjacent to municipalities shall be in an orderly manner and in the interest of the municipality; and WHEREAS, the City and the County have entered into discussions concern- ing issues of joint interest in the urban fringe; and WHEREAS, by contract dated July 20, 1982, the City agreed to extend a mcRoEILMED BY -DORM--MICR¢LAB- Z 1 CEDAR RAPIDS • DES MDINES I ITO 7 F J r water main along Melrose Avenue to the Johnson County Care Facility with the cost shared by the City and the County; and WHEREAS, the main purpose of that extension was to provide only the County Care Facility with the minimum flows required for fire protection and water for domestic uses; and development for other than county purposes of the land owned WHEREAS, P by the County, adjacent to and surrounding the County Care Facility, �would not be consistent with the aforementioned Comprehensive Plan's phasing of development; and WHEREAS, Chapter 28E of the Code of Iowa, 1981, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. AND BETWEEN THE COUNTY, AND THE CITY NOW, THEREFORE, BE IT AGREED BY as follows: 1, for other than That the County agrees it will not develop further County purposes that land owned by the County (map attached) within the Iowa City limits west of Freeway 218 and surrounding what is currently known as the Johnson County Care Facility for a period of 2 years from the date of this agreement. 2, That the County agrees it will not, during the aforesaid 2 year period, convey said property for development purposes unless those purposes shall be consistent with the then existing Iowa '1-� 1941 r~ j 141CROMMED BY "DORM MICRE401.1 CEDAR Rgl'IDS •DES td01NES r V ` I City Comprehensive Plan. 3. That the County and the City mutually agree to continue to negotiate in good faith regarding urban fringe issues faith the intent that one or more 2813 agreements concerning such issues will be executed by the City and the County. 4. That the City and the County mutually agree that this Johnson i iCounty Care Facility Land Use Agreement will be in force and effect i for two years from the date hereof and will be automatically re- I newed on the same terms and conditions for another two year period or until a 28E agreement regarding fringe issues concerning the County property covered by this agreement has been executed. 5. That the City agrees it will continue to provide those substantial city services which are already being provided to the Johnson County Care Facility. G. That the City agrees it will, upon request by the County, extend water services to other County buildings on property owned by the County. Any such extension shall be cost -shared on the same i basis as provided by the agreement between the parties dated i July 20, 1982. i 7. That the City agrees to review its Comprehensive Plan within 5 years and will consider, in consultation with the County, modi- fication of this agreement or subsequent 28E agreements which /IICROFILMED BY f ' "JORM MICR46LAS - I+ CEDAR RAPIDS DES !DINES 1 J 1. L-MMAL-_�_ rI r M _ 4 affect county property, if modification is appropriate based upon that plan review. 8. This Agreement shall become effective upon acceptance and execution of both parties. This Agreement may be modified upon the written mutual consent of the parties. Dated this y day of November, 1982. JOHNSON COUNTY I By. Clia-3,fnerson, 40ard of °Supervisors ATTEST: By: \ County Auditor Dated this 1st day of November, 1982. CITY OF IO1VA CITY By: - Payor ATTEST: By: V City Clerk r 1 i MICRo(ILMED BY "JORM- MICRI�LAB - )� CEDAR RAPIDS • DES MOINES f /fit r L-*, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS • DES '•I0PIE5 J r tri CIVIL -JUVENILE DIVISION J. Patrick While First Assistant DanielBray M. O� Anne Lahey R. John R. Bulkley CHILD SUPPORT DIVISION (319) 337.6415 `\ JACK W. DOOLEY • COUNTY ATTORNEY OFFICE OF THE COUNTY P.O. Box 2450 325 South Clinton Street Iowa City, Iowa 52244 (319) 337.9585 October 29, 1982 Mr. Neal Berlin City Manager lowa City Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Dear Neal: CRIMINAL DIVISION Steven R. Repenwether Dorothy M. Maher Patriela M.B. Sheppard Linda A. McGuire Enclosed is our proposed revision to the draft agreement which Doug Boothroy delivered to our office Wednesday. i t l I have also enclosed a copy of my work copy (Doug's draft) which should help visually expedite your review of my suggested revisions. Obviously we can review this revision at our appoint- ment Monday morning. I will schedule action to approve the agreement for Thursdays board meeting. /kr Enclosures 7; S* � J. Patrick White First Assistant County Attorney FUCROr ILIdED BY 1 - "JORM .MICR�LAB CEDAR RAPIDS • DES M013ES i 1741 1 S C J� _,I RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF THE JOIYof Y CARE FACILITY WATER MAIN -28E AGREEMENT B JOHNSON COUNTY AND THE CITY OF IOWA CITY WHEREAS, it is in the mutual interest of Johnson County to enter into an agreement regarding the Y of Iowa CityCounty Care Facility and development issues related�theo the JohnsonWHEREAS, Chapter 28E of the Code of Iowa, 1982, hat anexercisable by a public agency of this state maybe exwer ntly ithoany other ublic agency of this state having such power, NOW, THE FORE, BE IT RESOLVED by the City Counc' of the City of Iowa City, Iowa, that. 1. The Mayo be authorized to ex/agrment the City Clerk to attest this agreement, nd, 2. The City Cler shall file this with the Secretary of State and the Johnson Coun Recorder. It was moved by seconded by the Resolution be adopted, an upon roll all there were: AYES: NAY ABSENT: Balmer Dickson Erdahl _ Lynch _ McDonald Neuhauser 7 Perret Passed and approved Zhis day of 1982. / MAYOR I ATTEST: � CIyY CLERK ey Tie Legal Deaarhnenl 1861 MICROrlLMED BY i JORM MICR#LA9 CEDAR RAPIDS • DES MOINES - ! I J� r JOHNSON COUNTY CARE FACILITY LAND USE AGREDI NT This agreement is entered into by and between Johnson County, herein- after referred to as County, and /esently of Iowa City, her nafter referred to as City. WHEREAS; the City has enacted a Csive Plan w 'ch sequences growth within the City, dependentccommodati g projected popula- tion increases and extending muniervices in a manner which pro- vides for comp ct and contiguous and WHEREAS, the Cit Is Comprehensiveas designated the area in which the County Care Fa ility is locatesently outside the line of limits of urban deve opment; and WHEREAS, this same area is shown Comprehensive Plan Update pro- posal as Agricultural/Ruur 1 Residfor the purpose of preventing premature development pr/ntto Le provision of essential municipal services; and WHEREAS, the Johnson CouDevelopment Policy established a policy that growth adjac\cipalities shall be in an orderly manner and in the interest of thipality; and WHEREAS, the City and/the County have entered into discussions concern- ing issues of joint//interest in the urban ringe; and t WHEREAS, by contr z:t dated July 20, 1982, th City agreed to extend a water main along/Melrose Avenue to the Johnson G unty Care Facility with the cost'share by the City and the County; and WHEREAS, the ain purpose of that extension was to pr vide only the County Care Facility with the minimum flows required for fire protection and water or domestic uses; and 111CR0E1LMED RY JORM MICR6LAB - 1 CEDAR RAPIDS • DES 1401NES i L J.1 WHEREAS, development for other than county purposes of the land owned by the County, adjacent to and surrounding the County Care Facility, would not be consistent with the aforementioned Comprehensive Plan's i phasing of development; and WHEREAS, Chapter 28E of the Code of Iowa, 1981, provi s that any power exercisable by \BEAGREED agency of this state may be exercised jointly with any other ency of this state havin such power. NOW, THEREFORE, BY AND BETWEEN TH COUNTY, AND THE CITY as follows: 1. That the Cos it will not dev lop further for other than County purposes that 1 nd owned by t e County (map attached) within the Iowa City limits an surroundi g what is currently known as the Johnson County Care Fa 'lit y for a period of 2 years from the date of this agreement. 2. That the County agrees it wi}1 ot, during the aforesaid 2 year period, convey said property for velopment purposes unless those purposes shall be consistent with th then existing Iowa City Comprehensive Plan. y mutually ag a to continue to negotiate 3. That the County and the Cit in good faith regarding urban fringe issues with the intent that one or more 28E agreements concerning such is ues will be executed by the City and the County. 4. That the City and the County mutually agree that t s Johnson County r Care Facility Land Use Agreement will be in force and.e\ ct for two years from th� date hereof and will be automatically renewed for another two year period or until a 28E agreement regarding fringe issues concerning the County property covered by this agreement has been executed. �$bl MICRDEILMED BY ' JORM MICR4ILAE3 J j CEDAR RAPIDS • DES MOINES a r 5. That the City agrees it will continue to provide substantial city services to the Johnson County Care Facility. 6. That the City agrees it will, upon request by the County, extend water services to other County buildings on property owned by the County. 7. That the City agrees t o review its Comprehensive Plan ithin 5 years and will cons der, in consultation with the ounty, modi- fication of this agr ement or subsequent 28E ag eements which affect county property if modification is a ropriate based upon that plan review. 8. This Agreement shall beco a effective u n acceptance and execution of both parties. This Agr ment may a modified upon the written mutual consent of the partie . Dated this day of 1982• JOHNSON COUNTY Dated this day of / By: Cha erson, Board o ATTEST: County A itor , 1\IOIVACITY CITY OF By: ATTEST: ity er MICROFILMED BY "JORM MICROLAB MAR RAPIDS DES MOINES i 19C 1 7 I LI4N0 JSE JOHNSON COUNTY CARE FACILITY k/rfEii`-PtA�lF---QgE AGREEMENT This agreement is entered into by and between Johnson County, hereinafter referred to as County, and the City of Iowa City, hereinafter referred to as City. WHEREAS, the City has enacted a Comprehensive Plan which sequences growth within the City, dependent upon accommodating projected population increases and extending municipal services in a manner which provides for compact and contiguous growth; and WHEREAS, thenr City's Comprehensive Plan has designated the area in which the County llame is located aA�outside he line of limits of urban development, and '" WHEREAS, this same area is shown on the Comprehensive Plan Update proposal as Agricultural/Rural Residential for the purpose -of preventing premature development prior to the provision of essential municipal services; and 1•,JHL-AFps, .,k.¢. Sam-.._ Co�L� (Lw..l �„�L., r_i PJL'<r .si..�l+►� ro)r.r 1t.i(��..J1`., .JI.•,•..l � ,I..,..u...+��1,1.f a U � r.. ... o�v..LJ ,,..,.,-.,, .w� M M M�j� •ai ,y •.r•r�. �e111w� I WHEREAS, the City and the County have entered into discussions concerning issues of joint interest in the urban fringe; and WHEREAS, the City a reed to extend a water main along Melrose Avenue to the Gan Fes, IJ Johnson County with the cost shared by the City and the County; and WHEREAS the main41.t purpose of th7+ extension va to provide. only the County Care Facility with the minimum flows required for fire protection and water for domestic uses; and X84/ j. nICROf DIED BY JORM MIC R6L AB - 1 1 j CEDAR RAPIDS DES h10 PJE5 A r LI WHEREAS, development of the land owned by the County, adjacent to and rul, surrounding the County would not be consistent with the aforementioned Comprehensive Plan's phasing of development; and WHEREAS, Chapter 28E of the Code of Iowa, 1981, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE COUNTY, AND THE CITY as follows: 1. That the County agrees it will not develop further for other than County purposes that land owned by the County (map attached) within the IowaCit limits and surrounding what is currently known as the Johnson County for a period of 2 years: -C,. �� 45 �J� 2. That the County agrees it will note onvey said property for development purposes unless those purposes shall be consistent with the then existing Iowa City Comprehensive Plan. 3. That the County and the City mutually agree to continue to negotiate oi woos• good faith regarding urban fringe issues with the intent that 28E agreement3 concerning such issues will be executed by the City and the County. i 4. That the City and the County mutually agree that this Johnson County Care AgrL..! V s� Facility l�etz�—ra ��cFeement will be in foTr�cDe and effect for two e years ,fna d wi be renewed for another two years or until a 28E agreement regarding fringe issues iexecuted. j" MICRorILMED By JORM MICR(S LA8 CEDAR RAPIDS DESMOII I J / I � —�- r 5. That the City agrees it will continue to provide substantial city services to the Johnson County +Fe= r"`1''7• o4L.v 6. That the City agrees it will a -14e: b! extenziwiGO� water services toitbe Count � upon request b the Count y P 9 Y Y� b�;1d��-fig •^ Proa.-s7 oM,� 67 ti. C„-47- 7. That the City agrees to review its Comprehensive Plan within 5 years and will consider in consultation with the County modification of this „% • agreements .r T r�,. htt� [Z8E 4�re. -►i4sM-4 J .:�^�1 1 1 14 N.Y•Tti6� IS 1 y cM tn��++4\t! P 1.M 8. This Agreement shall become effective upon acceptance and execution of the o_� parties. This Agreement may be modified o the written mutual consent of the parties. Dated this day of 1982. JOHNSON COUNTY BY: Chairperson, Board of Supervisors . Dated this ATTEST: County Auditor day of 1982• CITY OF IOWA CITY BY: Mayor ATTEST: City Clerk n ICRUIuaED BY -JORM MICR6LAE3 CEDAR RAPIDS • DES MOMES ' I IT I 1 City of Iowa City MEMORANDUM Date: November 1, 1982 To: City Council and Boar of Supervisors From: City Manager , ',, ,;�,��` Z- - Re: Water Main Installation at Johnson County Home The City planned to complete the installation of the water line to the County Home this fall. This was predicated upon the completion of certain construction work by the Freeway 218 contractor. The City has been informed by the Department of Transportation that the contractor is behind schedule and this work will not be completed until Spring. Under these circumstances the City will install all of the line except approxi- mately 500 feet. 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I 1 ^` N T' a• N^ a' b pA11q'�a:,i.�3R 11.9 YigN�YC`d}lio'�n^,: 6.li r}a�b`16n• S4�`.I rll3 Yq ?, it U$ y•�R7 il"�EERbR�'�Fi .:_ H b.rw lY•v•f••..II1.11'tr do ry •]_ oq Cid' v a•�titib�..u•r.1� H n -r rr.•�1 ..55 ^ 1 •��1� Nr�n ^�1 !`JpbvllpSJ�,1r2,9 6V V:i'aV VV!JV.1V R�: 7•Ir�rl rlil7 rM19Elr'1^r ^J Kr^I•]^1 KI l lgrl'1'1'1 )�1^ i^Ir+'1 ••J'J'Y1�1'ai7n `��J �.�.. —� 's_ �c_E__F_e/�_f 1.i7:: Ln_L-_—_.J- w -'7L= �•G 1 MICROFILMID 6Y 1 JORM MIC R('L_AB J I I CEDAR RAPIDS DES'MOINES , I I a