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HomeMy WebLinkAbout2020-06-15-I01O 28E Agreement_Metropolitan Salt Storage O&MAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE:June 15, 2020 AGENDA ITEM:Consideration of approval of resolution approving revised 28E Agreement for Operation and Maintenance of the Metropolitan Salt Storage Facility FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Cities of Waukee, Urbandale, Johnston, Clive, Windsor Heights, Grimes, and Pleasant Hill are entering into a 28E Agreement to operate and maintain the Metropolitan Salt Storage Facility within the City of Grimes on property owned by the Metropolitan Waste Authority (MWA). The agreement was originally approved in 2008 and extended in 2014. West Des Moines has decided to no longer participate in the Metro Salt Storage Facility; therefore the allocated salt storage capacity reserved for West Des Moines is proposed to be split among the remaining agencies. There is an annual maintenance fee collected to maintain the facility and leased premises. The maintenance fee is for mowing, sweeping of paved areas, patching of paved areas, snow removal on paved areas and building maintenance. The City of Urbandale is administering the agreement and assigning responsibilities to each City on an equitable basis. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Each City shall pay an annual maintenance fee of $1.00 per ton of their capacity. Below is the distribution of each community’s allotted tonnage of salt: Urbandale 3,456 tons Johnston 960 tons Clive 1,920 tons Windsor Heights 1,152 tons Waukee 2,112 tons Grimes 1,440 tons Pleasant Hill 960 tons 12,000 tons COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommend approval of the resolution and 28E agreement for Operations and Maintenance of the Metropolitan Salt Storage Facility. RECOMMENDATION: Approve the resolution. ATTACHMENTS:I. 28E Agreement for Operations and Maintenance for the Metropolitan Salt Storage Facility II. Resolution PREPARED BY:Beth Richardson REVIEWED BY:Tim Royer TLR I1O THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING AMENDMENT TO 28E AGREEMENT FOR OPERATION AND MAINTENANCE OF THE METROPOLITAN SALT STORAGE FACILITY IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, on June 16, 2008, the Waukee City Council approved entering into a 28E Agreement for the Operation and Maintenance of the Metropolitan Salt Storage Facility (Resolution #08-129); AND, WHEREAS, on April 7, 2014, the Waukee City Council approved renewal of the Agreement (Resolution #14-086); AND, WHEREAS, the City of West Des Moines is no longer a participant in the 28E Agreement; therefore, an amended agreement is necessary to reallocate salt storage capacity among the remaining participating entities; AND, WHEREAS, legal counsel has have reviewed the proposed 28E agreement amendment and find it satisfactory; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the amendment to 28E Agreement for Operation and Maintenance of the Metropolitan Salt Storage Facility is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 15th day of June, 2020. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 28E AGREEMENT FOR OPERATION AND MAINTENANCE OF THE METROPOLITAN SALT STORAGE FACILITY BY AND BETWEEN THE CITIES OF URBANDALE, JOHNSTON, CLIVE, WINDSOR HEIGHTS, WAUKEE, GRIMES AND PLEASANT HILL The purpose of this 28E Agreement entered into by and between the Urbandale, Johnston, Clive, Windsor Heights, Waukee, Grimes and Pleasant Hill (hereinafter referred to collectively as “the Cities” or individually as “City”), all municipal corporations, is to revise the terms and conditions for the operation and maintenance of the Metropolitan Salt Storage Facility. WHEREAS, the Cities own, operate and maintain the Metropolitan Salt Storage Facility within the City of Grimes on property owned by the Metropolitan Waste Authority (MWA) un der the terms of a previously approved Lease Purchase Agreement (hereinafter referred to as the “MWA Agreement”); and WHEREAS, the Cities originally entered into a 28E Agreement in 2008 for the operation and maintenance of the Metropolitan Salt Storage Facility and extended the Agreement in 2014; and WHEREAS, the Cities desire to revise the previous Agreement for the Operation and Maintenance of the Facility. NOW THEREFORE, for and in consideration of the mutual covenants, agreements and conditions contained herein, the parties agree as follows: ARTICLE 1 DEFINITIONS Section 1.01 Definitions The following words and phrases, wherever used in the Agreement, shall, for the purpose of this Agreement, have the following meanings: A. Allocated Salt Storage Capacity means the tonnage capacity reserved to each City in the Facility expressed as set forth below: Urbandale 3,456 tons Johnston 960 tons Clive 1920 tons Windsor Heights 1152 tons Waukee 2112 tons Grimes 1440 tons Pleasant Hill 960 tons 12,000 tons B. Leased Premises means the property legally described on Exhibit “A” on which the Metropolitan Salt Storage Facility is located. 2 C. Metropolitan Salt Storage Facility, also referred to as the “Facility”, means the 12,000 ton capacity building, conveyor, paving, storm water improvements and other associated improvements constructed under the MWA Agreement. D. Building means the 12,000 ton capacity building and the conveyor. E. Improvements mean all other improvements to the site with the exception of the Building and conveyor. F. MWA means the Metro Waste Authority located generally at 300 East Locust Street, Des Moines, Iowa 50309. G. Salt means sodium chloride that is used by the Cities in treating and deicing streets. H. Salt Storage Inventory means that amount of Salt currently in storage for a particular agency. Section 1.02 Cross References and Paragraph Headings References in the text of the Agreement to articles, sections, or exhibits of this Agreement, unless otherwise specified, are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Section 1.03 Identification of Exhibits The following Exhibits are hereby incorporated and made a part of this Agreement as follows: Exhibit “A” - Leased Premises ARTICLE 2 CHAPTER 28E PROVISIONS Section 2.01 Chapter 28E Powers Pursuant to Chapter 28E of the 2020 Code of Iowa, the Parties do hereby agree that the purpose of this Agreement is to define the operation and maintenance of the Metropolitan Salt Storage Facility located on the Leased Premises from MWA shown on Exhibit “A”. Section 2.02 Effective Date The Parties agree that this Agreement shall be effective upon its approval and execution by all Parties and its recording with the Secretary of State. Section 2.03 Administrator The Parties hereby agree that the Urbandale Director of Engineering and Public Works shall be designated administrator of this Agreement. 3 Section 2.04 Originals This Agreement shall have 8 (eight) originals and shall be effective upon its execution by all Parties. ARTICLE 3 TERM OF AGREEMENT This Agreement shall commence upon approval and execution by all parties (hereinafter the “Effective Date”), and shall continue to June 30, 2028. If the MWA terminates the MWA Agreement, this Agreement shall terminate upon all Parties having discharged their respective obligations hereunder. ARTICLE 4 INSURANCE AND DAMAGE Each City is responsible for paying for repair of all damages to the Facility if caused by that City, its officers, employees, subcontractors or others working on behalf of that City and those it brings onto the Facility. In the event the Facility is damaged, the Urbandale Director of Engineering and Public Works shall affect the needed repairs and the City responsible for the damage shall be responsible for paying for such repairs in an amount up to, but not to exceed, the deductible of the property insurance policy covering the Building. If the damage renders any of the contents ineffective or unusable, the Urbandale Director of Engineering and Public Works shall replace such contents and the City responsible for that loss or damage shall be responsible for paying for the replaced contents in an amount up to, but not to exceed the deductible of the property insurance policy covering the Building. ARTICLE 5 MAINTENANCE AND OPERATION The Cities are obligated pursuant to the MWA Agreement to maintain the Facility and Leased Premises in accordance with the obligations of the MWA Agreement. Those obligations are as follows: Mowing of the Leased Premises. Sweeping of paved areas. Patching of paved areas. Snow removal on paved areas. Repair and maintenance of the buildings. The Urbandale Director of Engineering and Public Works shall be responsible for assigning responsibilities to each City on an equitable basis for the above required maintenance. Any maintenance that is necessary and requires outside forces shall be accomplished by the Urbandale Director of Engineering and Public Works pursuant to applicable law and shall be allocated to the Cities pursuant to each Cities proportionate share of Allocated Salt Storage Capacity in the Facility. The Urbandale Director of Engineering and Public Works shall invoice the Cities for their proportionate share of the cost of such maintenance and repair. Cities shall pay such invoice within thirty days of receipt of said invoice. 4 ARTICLE 6 FEES AND CHARGES Section 6.01 Insurance Fees The Cities shall be responsible for insuring the Facility, under their exclusive control, for the full replacement cost, including insurance covering the contents. The cost of insuring the Facility shall be allocated between the Cities on the following percentage: Urbandale 29% Johnston 8% Clive 16% Windsor Heights 9.5% Waukee 17.5% Grimes 12% Pleasant Hill 8% Total 100% The Urbandale Director of Engineering and Public Works shall secure and bill the Cities for the Cost of insurance for full replacement value of the Facility and content insurance. Section 6.02 Maintenance Fees The Cities acknowledge and agree that there may be maintenance or repair that may need to be done and charged to the Cities. Each City is responsible only for its proportionate share of the maintenance costs. A. Each City shall pay a Maintenance Fee of one ($1.00) per ton of each City’s capacity storage in the Facility each remaining year of the Agreement. Said Maintenance Fee shall be placed in a Maintenance account by the Urbandale Director of Engineering and Public Works. The Maintenance Fee shall be used by the Urbandale Director of Engineering and Public Works to repair and maintain the Facility in accordance with the MWA Agreement and so that the Facility remains operational and useable by the Cities. B. Maintenance Fees Remaining in the Account at Termination of this Agreement. Any and all Maintenance Fees remaining in the escrow account at the termination of this Agreement shall be returned to the remaining Cities based upon their proportionate share of Allocated Salt Storage Capacity. C. Maintenance Fees Remaining if a City Withdrawals from the Agreement. If a City withdrawals from the Agreement pursuant to Article 11 herein, it shall forfeit any Maintenance Fees paid into the Maintenance Fee Account. 5 ARTICLE 7 ACCOUNTING FOR SALT ALLOCATION Section 7.01 Delivery or Pick up of Salt from Facility The delivery and pick up of Salt from the Facility shall be accomplished as provided in this Agreement. A. Accounting of Deliveries of Salt to the Facility The Urbandale Director of Engineering and Public Works shall receive all deliveries of Salt for the Facility. All deliveries shall be accompanied by a Certified Scale Ticket. B. Accounting of Loading from Salt from the Facility (1) Each City shall be responsible for weighing the truck carrying any Salt that City unloads from the Facility utilizing MWA scales. MWA will provide the Urbandale Director of Engineering and Public Works all weight tickets. (2) During winter operation of the Cities, the Urbandale Director of Engineering and Public Works shall send out weekly reports electronically to the Cities regarding the loading or unloading that occurred to their Salt Storage Inventory. ARTICLE 8 OPERATIONAL AND GENERAL SAFETY PROVISIONS Section 8.01 Prohibition on Exceeding or Removing Allocated Salt Storage Capacity No City shall cause or allow Salt to be delivered to the Facility that causes that City to exceed its Allocated Salt Storage Capacity at any one time. No City shall remove or cause to be removed from the Facility an amount of Salt that exceeds the Salt Storage Inventory of that City. Section 8.02 Operational Requirements. All Cities shall require their employees, contractors, subcontractors and those working on their behalf to: (1) Cause all trucks delivering or loading Salt shall back into the Buildings for delivery and loading. (2) Ensure that all truck unloading systems be closed before leaving the Buildings. (3) Sweep back into the Buildings any Salt spilled outside the Buildings after loading and unloading of the Facility. (4) Not cause, allow or permit any Salt to be pushed up against or over the concrete walls of Buildings, the cover or foundation of the Buildings. 6 (5) Cause the Buildings to be locked and secured before leaving the Facility. ARTICLE 9 REMOVAL OF THE BUILDINGS The Cities agree that the 12,000 ton capacity storage building is owned in the following proportionate shares: Urbandale 29% Johnston 8% Clive 16% Windsor Heights 9.5% Waukee 17.5% Grimes 12% Pleasant Hill 8% Total 100% The Cities shall have the right and obligation to remove the Building at the termination of the MWA Agreement. The Building Cities shall remove the Building in accordance and compliance with the MWA Agreement. The Urbandale Director of Engineering and Public Works shall coordinate the removal or disposal of the Building at the termination of the MWA Agreement. If the Building Cities are unable to find an alternative location to move the Building, the Building will be sold and the proceeds divided among the Building Cities on the basis of their proportionate share in the Building as set forth above. If a Building City withdrawals from the Agreement pursuant to Article 11 herein, it shall forfeit its proportionate share of any sale proceeds. If no buyer can be found for the Building, the Urbandale Director of Engineering and Public Works shall cause the removal and disposal of the Building and the costs of such removal and disposal shall be paid by the Building Cities based upon their proportionate share in the Building as set forth above. If the MWA Agreement is extended and any City withdrawals during the Renewal Term, the proportionate share of the Building Cities shall be reallocated pursuant to Article 11. ARTICLE 10 INDEMNIFICATION Section 10.01 Indemnification Requirements No party to this Agreement shall, by reason of this Agreement, be obligated to defend, hold harmless or indemnify any other party to this Agreement from any liability to third-parties; or from and against any liability, loss, damage, claim or lawsuit asserted against any or all parties to this Agreement, that arises out of or is in any way connected with this Agreement. 7 Section 10.02 Mutual Waiver of Subrogation Except for and to the extent that Article 4 of this Agreement obligates each party to this Agreement to pay for damage to property, each party to this Agreement agrees to the following mutual waiver of subrogation. To the extent permitted by law, each party to this Agreement hereby releases all other parties to this Agreement, including all elected and appointed officials, agents, employees and volunteers and other working on behalf of any party to this Agreement, from and against any and all liability or responsibility to all other parties to this Agreement or anyone claiming through or under any party to this Agreement by way of subrogation or otherwise, for any loss or damage to property caused by fire or any other casualty, and any loss due to liability or occupational injury. This provision shall be applicable and in full force and effect only with respect to loss or damage arising out of and occurring during the time of this Agreement. ARTICLE 11 RESTRICTION ON WITHDRAWAL BY CITIES If one of Cities desires to withdrawal or terminate its obligations under this Agreement, it shall be deemed to have forfeited all right, title, ownership and interest in the Facility and shall have no further interest or responsibility under this Agreement. The City withdrawing shall have no further right to store Salt in the Building and shall have no further right to use the Facility. The ownership interest in the Building of the City withdrawing shall revert to the remaining Cities and shall be divided between the remaining Cities based upon their proportionate share of Allocated Salt Storage Capacity. The costs and fees of this Agreement shall then be reallocated between the remaining Cities as set forth by written notice by the Urbandale Director of Engineering and Public Works. ARTICLE 12 AUDIT Any of the Cities may, by notice in writing, request access to the City of Urbandale’s records for purposes of conducting an independent audit of the costs and expenses included in the Maintenance Fees and charges paid by the Cities to Urbandale. Such notice shall identify the records sought for audit. The City of Urbandale will provide access to the records within thirty days after receipt of the audit request. Such audit will be conducted by a certified public accounting firm retained by the Party requesting the audit and will be at that Party’s expense. Upon receipt of its audit, if the Party having requested and paid for the audit takes exception to or objects to the manner in which the City of Urbandale carries out its fiduciary responsibilities under this Agreement, the Party having requested the audit shall provide a copy of the audit and its exception or objections to the City of Urbandale and all other Parties to this Agreement. In the event that the exception(s) taken or objection(s) raised by the Party having requested t he audit, or by any other Party to this Agreement after having received a copy of the audit, results in a dispute with the City of Urbandale, all Parties to this Agreement agree that any such dispute shall be subject to and shall be resolved through binding arbitration as provided for in Article 13 herein. 8 ARTICLE 13 USE OF EXCESS STORAGE CAPACITY In the event there is excess capacity in the building, the Cities may agree to allow outside public entities to store salt in the facility. The rate must be agreed upon by the Cities. The outside entities would be permitted to store salt in the Building on a first come first serve basis. Permission to store salt in the Building is not guaranteed to any duration of time. That entity can be ordered to remove salt from the Building at any time. Said proceeds shall be placed in the Maintenance account by the Urbandale Director of Engineering and Public Works. If an individual City has excess capacity, they are free to allow outside public entities to use their capacity and a rate they determine. No private companies will be allowed to utilize the facility. ARTICLE 14 GENERAL PROVISIONS Section 14.01 Notices and Invoices All notices which the Parties are authorized or required to give one another pursuant to this Agreement, and all invoices, shall be in writing and may be personally delivered or sent by ordinary mail to the addresses hereafter provided. Mailed notices or invoice shall be deemed to be received by the Party to who directed when they are postm arked. Such notices and invoices shall be delivered or mailed to the following persons at the addresses listed: Public Works Director City of Urbandale 3600 86th Street Urbandale, IA 50322 Public Works Director City of Johnston 6221 Merle Hay Road P.O. Box 410 Johnston, IA 50131 Public Works Director City of Clive 1900 NW 114th Street Clive, IA 50325-77077 Public Works Director City of Windsor Heights 1133 66th Street Windsor Heights, IA 50311 9 Public Works Director City of Waukee 805 University Ave. Waukee, IA 50263 Public Works Director City of Grimes 101 N Harvey Street Grimes, IA 50111 Public Works Director City of Pleasant Hill 5160 Maple Drive Pleasant Hill, IA 50327 Section 14.02 Amendment of Agreement This Agreement may be amended only by written agreement signed by all Parties. Section 14.03 Assignment of Agreement No Party may assign this Agreement to a third party. Section 14.04 No Third Party Beneficiaries Nothing in this Agreement shall be construed to create in any third party, or in favor of any third party, any right(s), license(s) or privilege(s). Section 14.05 Severability If any section, provision or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision or part thereof not found to be invalid or unconstitutional. Section 14.06 Governing Law; Jurisdiction This Agreement shall be governed by and interpreted in accordance with the laws of the State of Iowa. Lawsuits brought by any Party in connection with this Agreement shall be heard and tried in Polk County District Court, Des Moines, Iowa. Section 14.07 Entire Agreement and Cities Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed addendum to this Agreement. 10 Section 14.08 Execution of Agreement This Agreement shall be executed in eight (8) counterparts, each of which so executed shall be deemed to be an original. Each City shall become a party hereto by the passage of a resolution approving this Agreement and execution of the same by its statutory officers. This Agreement becomes effective only on the Effective Date. Each City approving this Agreement shall execute the separate signature pages provided for it, and the parties hereto authorize the City Clerk of the Urbandale to assemble the signature pages and append same to copies of this Agreement, to file the Agreement with the Secretary of State. 11 URBANDALE, IOWA By___________________________________________ Attest: ______________________________________________ STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this ______ day of _____________________, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ______________________ and __________________________, to me personally known, and who, being by me duly sworn, did say that they are Mayor and City Clerk, respectively of the ___________________________________________________; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance No._______________ passed) (the Resolution adopted) by the City Council, under Roll Call No.______________ of the City Council on the ____ day of _________, 2008, and that ____________________________ and ______________________________ Acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. ___________________________________ Notary Public in and for the State of Iowa 12 JOHNSTON, IOWA By___________________________________________ Attest: ______________________________________________ STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this ______ day of _____________________, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ______________________ and __________________________, to me personally known, and who, being by me duly sworn, did say that they are Mayor and City Clerk, respectively of the ___________________________________________________; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance No._______________ passed) (the Resolution adopted) by the City Council, under Roll Call No.______________ of the City Council on the ____ day of _________, 2008, and that ____________________________ and ______________________________ Acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. ___________________________________ Notary Public in and for the State of Iowa 13 CLIVE, IOWA By___________________________________________ Attest: ______________________________________________ STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this ______ day of _____________________, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ______________________ and __________________________, to me personally known, and who, being by me duly sworn, did say that they are Mayor and City Clerk, respectively of the ___________________________________________________; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance No._______________ passed) (the Resolution adopted) by the City Council, under Roll Call No.______________ of the City Council on the ____ day of _________, 2008, and that ____________________________ and ______________________________ Acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. ___________________________________ Notary Public in and for the State of Iowa 14 WINDSOR HEIGHTS, IOWA By___________________________________________ Attest: ______________________________________________ STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this ______ day of _____________________, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ______________________ and __________________________, to me personally known, and who, being by me duly sworn, did say that they are Mayor and City Clerk, respectively of the ___________________________________________________; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance No._______________ passed) (the Resolution adopted) by the City Council, under Roll Call No.______________ of the City Council on the ____ day of _________, 2008, and that ____________________________ and ______________________________ Acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. ___________________________________ Notary Public in and for the State of Iowa 15 WAUKEE, IOWA By___________________________________________ Attest: ______________________________________________ STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this ______ day of _____________________, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ______________________ and __________________________, to me personally known, and who, being by me duly sworn, did say that they are Mayor and City Clerk, respectively of the ___________________________________________________; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance No._______________ passed) (the Resolution adopted) by the City Council, under Roll Call No.______________ of the City Council on the ____ day of _________, 2008, and that ____________________________ and ______________________________ Acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. ___________________________________ Notary Public in and for the State of Iowa 16 GRIMES, IOWA By___________________________________________ Attest: ______________________________________________ STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this ______ day of _____________________, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ______________________ and __________________________, to me personally known, and who, being by me duly sworn, did say that they are Mayor and City Clerk, respectively of the ___________________________________________________; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance No._______________ passed) (the Resolution adopted) by the City Council, under Roll Call No.______________ of the City Council on the ____ day of _________, 2008, and that ____________________________ and ______________________________ Acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. ___________________________________ Notary Public in and for the State of Iowa 17 PLEASANT HILL, IOWA By___________________________________________ Attest: ______________________________________________ STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this ______ day of _____________________, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ______________________ and __________________________, to me personally known, and who, being by me duly sworn, did say that they are Mayor and City Clerk, respectively of the ___________________________________________________; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance No._______________ passed) (the Resolution adopted) by the City Council, under Roll Call No.______________ of the City Council on the ____ day of _________, 2008, and that ____________________________ and ______________________________ Acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. ___________________________________ Notary Public in and for the State of Iowa