HomeMy WebLinkAbout2022-03-07-J01H_11 28E Agr First Amendment_Xenia Rural Water District, DMWWAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 7, 2022
AGENDA ITEM:Consideration of approval of a resolution approving First Amendment to 28E
Agreement by and between the City of Waukee, Iowa; Xenia Rural Water
District; and the Board of the Water Works Trustees of the City of Des
Moines, Iowa
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The original agreement approved on February 4, 2019
(RES# 19-050) was to allow for the City of Waukee to purchase 400,000 gallons of water rights
capacity from Xenia Rural Water District in an existing 24” feeder main located along Hickman Road
and in an existing booster pump station located at the L.P. Moon facility east of 156 Street in Clive.
Now that the project as developed, both parties ascertained that certain specifications as to location of
facilities need to be corrected.
1.Preamble paragraphs four and five is amended by deleting and replacing with the following:
WHEREAS, Xenia desires to sell to Waukee capacity in its existing 24” feeder main located
along West Hickman Road from DMWW’s LP Moon facility to inlet side of Chemical Feed
Facility and Meter Pits to be constructed east of T Avenue and capacity in its existing booster
station located at the L.P. Moon Site. Following such sale Waukee and Xenia will jointly own this
facility.
WHEREAS, Waukee and Xenia desire that DMWW assume responsibility for operation and
maintenance of the jointly owned Waukee/Xenia booster station located at the L.P. Moon Site and
the 24” feeder main to from the L.P. Moon Site to inlet side of Chemical Feed Facility and Meter
Pits to be constructed east of T Avenue. The cost of operation, maintenance and improvements to
this station will be paid by Waukee and Xenia to DMWW according to the provisions of this
agreement.
2.Part 1 of Section 2 of Article I of the Agreement is amended by deleting in its entirety and
replacing it with the following:
Part 1 – The sale by Xenia to Waukee of the right of use of 400,000 gallons per day of capacity in
the existing 24” water main along West Hickman Road from the L.P. Moon site to inlet side of
Chemical Feed Facility and Meter Pits to be constructed east of T Avenue. Following the sale
Xenia and Waukee shall jointly own this facility.
3.Part 2 of Article II of the Waukee-Xenia-DMWW 28E Agreement is amended by deleting
such Part in its entirety and replacing it with the following:
J1H11
2 Part 1 Responsibilities. Xenia shall provide 400,000 gallons per day of capacity rights in its
existing 24” water main along West Hickman Road from the Xenia Booster station located at the
L.P. Moon Site to inlet side of Chemical Feed Facility and Meter Pits to be construction east of T
Avenue (the “West Hickman Road Main”) to Waukee in exchange for payment computed as set
forth in Exhibit B-1 and as provided in Article IV of this Agreement. Such payment shall be made
as provided in Article IV of this Agreement.
4.Exhibit B-1 of the Waukee-Xenia-DMWW 28E Agreement is amended by deleting Exhibit B-
1 in its entirety and replacing it with the attached Exhibit B-1.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Resolution
II. First Amendment to 28E Agreement
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022-
APPROVING FIRST AMENDMENT TO 28E AGREEMENT BY AND BETWEEN THE
CITY OF WAUKEE, IOWA, XENIA RURAL WATER DISTRICT, AND THE BOARD
OF WATER WORKS TRUSTEES OF THE CITY OF DES MOINES, IOWA
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, on February 4, 2019 (Resolution #19-050), the City entered into a Chapter 28E
Agreement with Xenia Rural Water District and the Board of Water Works Trustees of the City
of Des Moines, Iowa for the ownership, operation, use and maintenance of the Waukee/Xenia
Joint System Facilities that has been filed with the Iowa Secretary of State on April 3, 2019 as
Agreement Number M511603; AND,
WHEREAS, as the project has developed, the parties have ascertained that certain specifications
as to location of facilities need to be corrected and the parties desire to modify some of the
provision of the Waukee-Xenia-DMWW 28E agreement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
First Amendment to 28E Agreement By and Between the City of Waukee, Iowa, Xenia Rural
Water District, and the Board of Water Works Trustees of the City of Des Moines, Iowa is
hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 7th day of March,
2022.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair