A. As a precondition for annexation, the city council may establish terms and conditions for an annexation agreement to be executed by the owners of lands for which annexation is desired. The purposes of such agreements are to mitigate the effects of annexation upon the city to minimize the public costs incurred thereby. Annexation agreement drafting shall be accomplished by legal counsel for the city, with reimbursement to be provided by the requesting property owner prior to publication of any annexation ordinance. Annexation agreements may be made binding upon the city for their express duration, but not longer than twenty (20) years, and shall be binding upon the owner(s) requesting annexation and upon said owner's successors in interest as a covenant which runs with the land. Annexation agreements shall be executed with sufficient formality to accomplish the purposes established hereby.
B. Annexation agreements shall set forth in some detail the obligations of the requesting property owner(s) with respect to city responsibilities and concerns. Among the purposes and/or issues to be addressed by such agreements are the following:
1. Dedication of rights of way, easements, and public sites necessary for adequate public service provision in the annexed area and nearby parts of the city.
2. Agreement to use city provided utilities to serve future development of the annexed lands. Alternative utility methods may be employed with city approval.
3. Water supplies sufficient to meet international fire code requirements may be required.
4. Agreement to construct development improvements in accordance with all city standards concerning sanitary sewers, water line sizing, fire hydrants and related means of fire protection, flood works and storm water management, street construction, sidewalks and bicycle paths, etc.
5. Comply with other legal requirements from city ordinances or state or federal law.
6. Public improvements must be tested and inspected to assure compliance with standards. As built drawings may be required at the requesting party's expense.
7. Building or construction permits, or certificates of occupancy may be denied if material provisions of an annexation agreement are breached or not met.
8. Special considerations which are attributable to unique circumstances concerning the specific annexation proposal such as public works project development, phasing, duration, compliance with future enactments, potential deannexation for noncompliance, penalties for want of performance, attorney fees for enforcement, etc. (Ord. 133, 4-13-2005)