TOWN OF SAND CREEK RESOLUTION NO. ______
CITY OF JORDAN RESOLUTION NO. ______
MUNICIPAL BOUNDARY ADJUSTMENTS DOCKET NO. ______
JOINT RESOLUTION FOR ORDERLY ANNEXATION
BETWEEN
THE TOWN OF SAND CREEK
AND THE CITY OF JORDAN, MINNESOTA
WHEREAS, the
City of Jordan (hereinafter referred to as the "City") and the
Township of Sand Creek (hereinafter referred to as the "Town or
Township"), both located entirely within Scott County, in the State of
Minnesota have expressed their desire to encourage future development of land
near the City while encouraging the retention of land in agricultural use in
the Township; and
WHEREAS, a
Joint Orderly Annexation Agreement (“OAA” or “Agreement”) between the parties
aids orderly planning and transition of government within the area proposed to
be annexed, and provides the guidelines under which such annexation shall take
place.
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and conditions
herein that the City and Township enter into this Joint Resolution for Orderly
Annexation whereby the property herein described may be annexed by the City of
Jordan only pursuant to the following terms and conditions:
A. Designation of Annexation Area and Projected Timeline of Annexation.
The
Township and the City hereby designate portions of the parcels legally
described in Exhibit 1 and depicted on Exhibit 2 Map
both attached hereto and incorporated herein by reference (hereinafter referred
to as the “Designated Area”) for orderly annexation pursuant to Minnesota Statutes, Section 414.0325.
B. Municipal Boundary Adjustments.
1. Jurisdiction. Upon approval by the Town Board and the City
Council, this Joint Resolution shall confer jurisdiction for annexation in the
Designated Area upon the Municipal Boundary Adjustments pursuant to Minnesota
Statutes.
2. No
Alterations of Boundaries. The Town
and City mutually agree and state that no alterations of the stated boundaries
of the area designated for orderly annexation is appropriate. Any alterations
of boundaries may only be made upon the joint agreement of the Town and City.
3. Review and Comment by Boundary
Adjustments. The Town and City mutually agree and state
that this Joint Resolution and Agreement sets forth all the conditions for
annexation of the areas designated and that no consideration by the Municipal
Boundary Adjustments is necessary. The Municipal Boundary Adjustments may
review and comment, but shall, within thirty (30) days, order the annexation in
accordance with the terms of this Joint Resolution.
C. Taxation Reimbursement and Park/Trail Fund
Payment.
1.
Unimproved
Land.
Unless otherwise agreed, to allow the Township to be reimbursed for the
permanent loss of taxable property from Township tax rolls for property in the
Orderly Annexation Area, the City agrees that it will not initiate annexation
or forward a resolution for annexation of any portion of the unimproved property
legally described on Exhibit 1 to Municipal Boundary Adjustments, or its
successor agency, until such time as the Township has received reimbursement
for the loss of such taxable property in the amount of $500 for each acre
described in the City resolution to be annexed to the City. This payment
satisfies the City’s obligations under Minnesota Statute Section 414.036 and
the City shall owe no other reimbursement of taxes to the Township. Beginning
on January 1, 2021 and then every three years thereafter during the term of
this Agreement this per acre amount shall be increased 1.5%. “Unimproved land” for purposes of this
Agreement shall mean any parcel of property except parcels of property ten
acres or less in size which contain a principal commercial or industrial structure, or property of forty acres or less which contains a
residence.
2.
Improved Lands. Unless
otherwise agreed, to allow the Township to be reimbursed for the permanent loss
of taxable property from Township tax rolls for property in the Orderly
Annexation Area, the City agrees that it will not initiate annexation or
forward a resolution for annexation of any portion of the improved property
legally described on Exhibit 1 to Municipal Boundary Adjustments, or its
successor agency, until such time as the Township has received reimbursement
for the loss of such taxable property in the amount of $1,000 for each acre
described in the City resolution to be annexed to the City. This payment satisfies
the City’s obligations under Minnesota Statute Section 414.036 and the City
shall owe no other reimbursement of taxes to the Township. Beginning on
January 1, 2021 and then every three years thereafter during the term of this
Agreement this per acre amount shall be increased 1.5%. “Improved land” for purposes of this
Agreement shall mean any parcel of property of
forty acres or less which contains a residence, or a parcel of land of
ten acres or less which contains a principal commercial or industrial
structure.
3. The owner of the property to be annexed shall deposit $500 per annexed acre into an account for either parks and/or construction of trails connecting the City and Township. Beginning on January 1, 2021 and then every three years thereafter during the term of this Agreement this per acre amount shall be increased 1.5%. These funds shall be kept by the City of Jordan in a separate account. The City shall provide an annual accounting of the Trails Account to the Township Board. Two persons designated by the City and two persons designated by the Township shall meet together and agree upon the parks and/or trails to be constructed. If trails are to be constructed, the governing bodies must approve of the chosen route and construction plan. If parks are to be constructed, the governing bodies must approve the location and construction plan. Any funds not used at the time of termination of this Agreement shall be divided equally between the City and Town to be used for park and/or trail purposes within their respective jurisdictions.
D. Delinquent Taxes.
The City agrees that it shall
remit all delinquent taxes, charges and assessments collected at the time of
sale of annexed property if such taxes or charges were originally payable while
the delinquent property remained in the Township. Additionally, when a property no longer
qualifies for special tax treatment through Green Acres or other applicable
programs such as Ag Preserves, CRP, or This Old House, and taxes that were
deferred under one of these programs is paid to the City, the City shall remit
to Township the amount which was deferred during the time the property was in
the Township.
E. Assumption
of Liability for Public Improvements.
By
signing this OAA, the City does not assume any liability or responsibility for
the payment of any obligations issued to finance public improvements
constructed by the Township or for which special assessments were levied by the
Township. In the event that the City
annexes land under this OAA upon which outstanding special assessments levied
by the Township remain at the time of annexation, the City shall forward to the
Township upon receipt all special assessment payments which the City receives
as a result of special assessments levied by the Township. Other than the reimbursement outlned in this
Agreement, no other reimbursement or taxes shall be owed to the Township from
the City and/or property owner.
F. Procedure of Orderly Annexation.
1. City
Resolution. The City and the Town
mutually state that unless otherwise agreed to by the parties, only properties
in the areas as shown on Exhibit 2
and legally described on Exhibit 1,
or a portion thereof shall be annexed to the City by the Municipal Boundary
Adjustments upon receipt of the City’s annexation resolution. The annexation resolution adopted by the City
Council shall state:
a. A petition for property to be annexed that is not part
of a platted or non-platted residential subdivision the petition must be signed
by 100% of the individual owners of the property proposed to be annexed.
b. If the property to be annexed is part of a platted
residential subdivision, the petition must be signed by the individual owners
of record of at least 75% of the platted lots and the entire subdivision shall
be annexed.
c. If the property to be annexed is part of a non-platted
residential subdivision, the petition must be signed by the individual owners
of record of at least 75% of the lots, parcels or properties contained within
the residential area. A non-platted
residential subdivision area is defined as lots, parcels or properties of
record used for residential purposes containing five acres or less that are
contiguous to each other.
d. Parcels of land in area A as shown on Exhibit 2 may be
annexed at any time pursuant to the terms of this Agreement.
e. Parcels of land in area B as shown on Exhibit 2 will
only be considered for annexation if (i) both the City and Town agree to the
annexation, or (ii) after 85% of the parcels of land in area A as shown on
Exhibit 2 have been annexed into the City.
f. Parcels of land in area C as shown on Exhibit 2 will
only be considered for annexation if (i) both the City and Town agree to the
annexation, or (ii) after 85% of the parcels of land in area B as shown on
Exhibit 2 have been annexed into the City.
g. The legal description of the property to be annexed by
the resolution; and
h. No action by the Township or consideration by the Municipal
Boundary Adjustments is required to accomplish the annexation; and
i. The Municipal Boundary Adjustments may review and
comment, but shall, within 30 days, order the annexation in accordance with the
terms of the resolution; and
j. The specific acres to be annexed are being annexed
pursuant to this Agreement; and
k. The City has received confirmation from the Township
that the amounts owed under section C. have been paid; and
l. Property located within the orderly annexation area
may not be annexed unless such annexation is consistent with the City of
Jordan’s Comprehensive Guide Plan as approved by the Metropolitan Council.
2. Voluntary
Annexation. An owner of property
that is not yet part of an area designated for annexation may request to be
annexed upon the City’s and Town Board’s receipt of a petition from the
property owner. The subject parcel must
abut the City and have municipal utilities immediately available. Both the City Council and Town Board must
agree to the annexation and
the annexation is subject to the tax reimbursement provisions described in
section C. above.
3. Wetland Acreage. The City agrees not to annex all those
properties which at the date of this Agreement abut wetland parcels identified with
PID Nos. ________________ as these parcels are shown on a Scott County aerial
photo of _________ 2017 depicting wetlands (“wetland parcels”) without annexing
all the wetland areas also. Annexing all
abutting property without annexing the wetlands themselves would effectively shift
responsibility for maintenance of the wetland to the Township while some stormwater
from the surrounding developing property will drain into the wetland.
4. Gravel
Pits. At such time as any gravel pit
which is located in the Township is annexed into the City, the City shall assume
all responsibility of the County and Town purusant to the terms of any interim
use permit or conditional use permit issued for the gravel pit including, but
not limited to, being liable for land reclamation.
G. Developing Land Annexed Pursuant to
this Agreement.
Upon
receiving a request to develop any land annexed pursuant to this Agreement the
City shall follow these procedures:
1. The
City shall forward to the Town Clerk all preliminary plat submissions and
development plans, as from time to time amended, for any property annexed to
the City under this Agreement. The plans
must be of sufficient detail to show it will meet the standards and
requirements of the City’s land use ordinances.
The Clerk of the Town Board may submit written documentation to the City
Clerk stating the opinion of the Town Board for the development. These comments will be forwarded to the City
Planning Commission and City Council.
The City shall send the Town Clerk notice of all public meetings for
concept plan approval, preliminary plat approval and final plat approval for
any property annexed to the City under this Agreement.
2. The
City, through a development agreement,
shall require the developer to not damage any functioning draintile lines located in the Designated
Area and, if damaged, to repair and replace the damaged draintile at developer’s
sole expense.
3. The City, through a development
agreement, shall require the developer
to meet all of the City’s stormwater requirements
and prevent additional diversion of stormwater onto Township property.
4. The City agrees, as part of the mailing process for public hearing notice of the preliminary plat, to mail notice to property owners in the unincorporated area within a quarter mile of the proposed plat.
5. The parties acknowledge that ensuring that Scott County receives all updates on address changes related to annexation is a significant public safety issue for the community as the County does all dispatching for emergency services. As such:
a. If
as a result of annexation pursuant to this Agreement, a City corporate boundary
runs along one side of a street, addressing of the rural residents will follow
the City addressing grid system.
b. If
a County or Township road is annexed into the City, the road name and house
number shall be changed to conform to the City’s addressing grid and naming
system. Where a street is, or clearly will be, both within the City limit and
the Township, the County Addressing Coordinator shall confer with other
concerned local governments and seek a mutually satisfactory name.
c. The
County Addressing Coordinator shall receive written notice of any addressing
changes made pursuant this Agreement.
H. Roads within area designated for orderly
annexation.
The
parties agree as follows with regard to the roads located within the Designated
Area:
1. Roads
Serving New Plats. The City shall
require that all roadways abutting or serving new developments shall be
improved with bituminous to the City’s standards by the developer and/or property
owner from the access of the development to the nearest, County, City or State
road.
2. Maintenance
of Roads. Except as specifically set out herein or unless otherwise agreed
by the parties, the Township shall maintain all roads in the Designated Area
not annexed to the City and the City shall maintain all roads annexed to the
City.
3. Undue
Burden on Town Roads. The Township
and City recognize that there may be instances where it is appropriate for the
City to assume responsibility to maintain additional portions of Town roads
because City development imposes an undue burden on Town roads that serve the
annexed property. The City shall, at the Township’s
request, annex the entire road (i.e. both sides of the road) where the City has
annexed property abutting one side of the road.
The length of road required to be annexed shall be limited to the length
of road directly abutting the property annexed under this Agreement to the
nearest County, City or State road.
4. Use of Township Roads. For all properties annexed under this
Agreement, the City shall require in its developmment agreements that all
construction traffic use State Trunk Highways, Scott County Highways or Jordan
City streets and that Township roads be used only when no State, County or City
road is available. The City’s development
agreement shall also require that the developer pay the Township for the cost
to repair any road damage that occurs when construction traffic uses Township
roads.
I. Provision
of Municipal Utility Service.
1. Extension
of Services. Extension of sanitary
sewer service to voluntary annexed properties requesting sewer service will be
a high priority by the City and will be provided as soon as reasonably
possible based on the current conditions impacting improvements.
2. Connection
Charges. Connection charges for
voluntary annexed properties will be at the City’s customary rates for
improvements of a similar type at the time of benefit and/or connection to said
service.
3. Time-line
for Connection. Annexed properties
must connect to municipal services on the earlier of the following events:
a. The
property owner petitions for service;
b. The
property is sold or otherwise transferred for purposes other than
agricultural including, but not limited to, being
platted other than for an administrative lot split;
c. Construction
of new buildings or expansion of existing buildings occurs on the property
resulting in increased need for water or a sanitary sewer system;
d. The
property’s septic system is failing;
e. State or Federal law requires
connection; or
f. 6
months from readily available sanitary sewer and/or water services.
J. Authorization.
The
appropriate officers of the City and Town are hereby authorized to carry out
the terms of this Joint Resolution.
K. Severability and Repealer.
A
determination that a provision of this Joint Resolution is unlawful or
enforceable shall not affect the validity or enforceability of the other
provisions herein. However, should any
element of Section C herein be deemed unlawful or unenforceable, the Township
at its discretion may terminate this Agreement.
Any prior agreement or joint
resolution existing between the Parties and affecting the property within the
Designated Area shall be considered repealed upon the effective date of this
Joint Resolution.
L. Effective Date and Termination.
This
Joint Resolution shall be effective upon adoption by the governing bodies of
the City and Town and approved by the Municipal Boundary Adjustments and said
subsequent order approving this agreement. Unless
the parties have agreed to an extension, this Agreement shall terminate on
December 31, 2040.
M. Disputes
and Remedies.
The
City and Township agree as follows:
1. Negotiation. When a disagreement over interpretation of
any provision of this Joint Resolution shall arise, the City and the Township
will direct staff members, as they deem appropriate, to meet at least one (1)
time at a mutually convenient time and place to attempt to resolve the dispute
through negotiation.
2. Mediation/Arbitration. When the parties to this Joint Resolution are
unable to resolve disputes, claims or counterclaims, or are unable to negotiate
an interpretation of any provision of this Joint Resolution, the parties may
mutually agree in writing to seek relief by submitting their respective
grievances to mediation and/or binding arbitration.
3. Adjudication. When the parties to this Joint Resolution are
unable to resolve disputes, claims or counterclaims, are unable to negotiate an
interpretation of any provision of this Joint Resolution or are unable to agree
to submit their respective grievances to mediation or binding arbitration, or
such action has not otherwise resolved the matter in dispute, either party may
seek relief through initiation of an action in a court of competent
jurisdiction. In addition to the
remedies provided for in this Joint Resolution and any other available remedies
at law or equity, in the case of a violation, default, or breach of any
provision of this JointResolution, the non-violating, non-defaulting, or
non-breaching party may bring an action for specific performance to compel the
performance of this Joint Resolution in accordance with its terms.
N. Amendment.
Either
party may initiate an amendment or revision to the Agreement at any time. This
Agreement may be amended by mutual agreement of the Parties.
O. Costs
Associated with OA Agreement.
Each
Party shall pay its own costs incurred in the negotiation, development and
implementation of this Agreement. However, the City
shall be responsible for all Municipal Boundary Adjustment fees and costs
associated with the annexation of property pursuant to the terms of this
Agreement.
P. Venue.
The venue for all
actions concerning this Agreement shall be Scott County, Minnesota.
Q. No Annexation Permitted Outside of this
Agreement.
During the term of this Agreement, the City shall not
annex any property from the Township except as set out in this Agreement. The parties recognize that property owners
continue to maintain those options available by law at the time of their action
to pursue municipal boundary adjustments.
However, during the term of this Agreement, unless otherwise agreed to
by the Township, the City will not support any property owner initiated
annexaiton petition for areas proposed development that are located outside of
the Orderly Annexation Area. It is the
intent of the parties that this Agreement set the exclusive geographical
boundaries of land which may be annexed and set the exclusive procedures under
which annexation from the Township to the City may occur during the term of
this Agreement.
R. Entire
Agreement.
With respect to the Designated Area legally described
in Exhibit 1 and shown on Exhibit 2, respectively, which are
attached hereto and incorporated herein by reference, the terms, covenants,
conditions, and provisions of this Joint Resolution shall constitute the entire
agreement between the parties hereto superseding all prior agreements and
negotiations between the parties.
S. Notice.
Any
notices required under the provisions of this Joint Resolution shall be in
writing and deemed sufficiently given if delivered in person or sent by U.S.
mail, postage prepaid, to the
City Administrator or to the Township Clerk at their official addresses.
T. Planning
and Zoning.
The
Parties agree and state that all land use quthority within the Designated Area
shall reamin with scott County and the Township, if the Township chooses to
exercise planning, zoning and subdivision authority pursuant to Minnesota law
while such properties reamin in the Township.
The City shall have exclusive planning, zoning and subdivision authority
over all properties annexed under the authorisy of this Agreement. The Township agrees to request that the Scott
County planning department notify the City of any requests for conditional use
permits, land use changes, subdivision, rezoning or grading and filling within
the OAA and allow the City to review and comment.
U. Legal
Description and Mapping.
The Parties agree that if the Department of Administration
determines there are errors, omissions or any other problems with the legal
description provided in Exhibit 1 or mapping provided in Exhibit 2, the Parties
shall make such corrections and file any additional documentation requessted by
the Department of Administration to correct the defects to make effective the
annexation of property within the Designated Area in compliance with the terms
of this Joint Resolutions.
[REST OF PAGE INTENTIONALLY LEFT BLANK]
PASSED, ADOPTED AND APPROVED by the Sand Creek Town Board of Supervisors, Scott
County, Minnesota this ______day of __________________, 2017.
_____________________________
Ted Kornder, Chair
_____________
_______________
I,
the undersigned, Ramona Bischof, being duly qualified Clerk for the Town of Sand
Creek, Minnesota, hereby certify that I have carefully compared the attached
and foregoing excerpt Resolution No. _______ Authorizing Execution of a Joint
Annexation Agreement Between the City of Jordan and Sand Creek Township, with
the original Resolution on file in my office and the excerpt is a full, true
and exact copy of the Resolution.
WITNESS My hand as Clerk of Sand Creek Township and the seal
of the Town of Sand Creek this ____ day of ________________, 2017.
_________________________
Town
Clerk
Town of Sand Creek, Minnesota
PASSED, ADOPTED AND APPROVED by the Jordan City Council, Scott County, Minnesota
this _____day of ____________, 2017.
_____________________________
Tanya Velishek, Mayor
____________________________
Tom Nikunen
City Administrator
I,
the undersigned, Tom Nikunen, being duly
qualified and Administrator of the City of Jordan, Minnesota, hereby certify
that I have carefully compared the attached and foregoing excerpt Resolution
No. _______ Authorizing Execution of a Joint Annexation Agreement Between the
City of Jordan and Sand Creek Township, with the original Resolution on file in
my office and the excerpt is a full, true and exact copy of the Resolution.
WITNESS My hand as City Administrator and the corporate
seal of the City this ____ day of ________________, 2017.
_________________________
City
Administrator
City
of Jordan, Minnesota