HomeMy WebLinkAbout2022-04-18 I02A Waiver and Consent - Ahlers and CooneyAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 18, 2022
AGENDA ITEM:Consideration of approval of a motion approving waiver and consent
with Ahlers & Cooney, P.C.
FORMAT:Motion
SYNOPSIS INCLUDING PRO & CON: Ahlers & Cooney represents various member cities of
the newly formed Central Iowa Water Works, including the City of
Waukee. The firm has been asked to provide a review of a draft 28E
agreement creating the Central Iowa Water Works.
Ahlers & Cooney has requested that the member cities that they
represent consent to the attached waiver regarding Ahlers & Cooney and
their work on the agreement.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the motion.
ATTACHMENTS: I. Waiver and Consent – Ahlers & Cooney
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I2A
Ahlers & Cooney, P.C.
Attorneys at Law
100 Court Avenue, Suite 600
Des Moines, Iowa 50309-2231
Phone: 515-243-7611
Fax: 515-243-2149
www.ahlerslaw.com
WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER,
AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990
April 14, 2022
VIA EMAIL
Des Moines Water Works West Des Moines Water Works
c/o Amy Kahler c/o Christina Murphy
2201 George Flagg Parkway 1505 Railroad Avenue
Des Moines, Iowa 50321 West Des Moines, Iowa 50265
Urbandale Water Works Waukee Water Utility
c/o Dale Acheson c/o Rudy Koester
3720 86th Street 805 University
Urbandale, Iowa 50322 Waukee, Iowa 50263
Ankeny Water Utility Johnston Water Utility
c/o Jennifer Sease c/o David Wilwerding
410 West First Street 6221 Merle Hay Road
Ankeny, Iowa 50023 P.O. Box 410
Johnston, Iowa 50131
Xenia Rural Water District
c/o Gary Benjamin
23998 141st Street
P.O. Box 39
Bouton, Iowa 50039
RE: Proposed Members of Central Iowa Water Works (28E) currently working with Ahlers &
Cooney, P.C. – Conflict Waiver/Consent to Limited Joint Representation
Dear Water Works’ Board members, Water Utility Officials and/or City Council:
Ahlers & Cooney, P.C. currently provides various legal services under current representations to
each of the entities to whom this letter is addressed (including, but not limited to, bond counsel, urban
renewal, general public law advice, litigation, and labor negotiations – list not exhaustive, nor applicable
to all named parties), to wit:
• Des Moines Water Works (“DMWW”),
• West Des Moines Water Works (“WDMWW”),
• Urbandale Water Works (“UrbandaleWW”),
• Xenia Rural Water District (“Xenia”), and
• the municipal water utilities for the following cities of Ankeny, Johnston, and Waukee
(each governed by the City Council of said city), as well as the underlying cities,
respectively.
Each of the addressees hereto has approved a Founding Resolution for the yet-to-be-created Central
Iowa Water Works (“CIWW”), related to its respective interest in pursuing the creation of a new
regional water authority under Iowa Code chapter 28E.
To date, DMWW has utilized Richard Malm of the Dickinson law firm in Des Moines to prepare
an initial draft of the 28E Agreement (the “Agreement”) for the creation of CIWW.
April 14, 2022
CIWW: Consent-Conflict Waiver
Page 3
Des Moines Water Works:
The Board of Trustees of Des Moines Water Works, Iowa hereby waives and consents to any actual,
potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.’s review of the draft
28E Agreement seeking to create the Central Iowa Water Works.
Dated this ____ day of _____________________, 2022.
By: ______________________________________
Chair
By: ______________________________________
Secretary
April 14, 2022
CIWW: Consent-Conflict Waiver
Page 4
West Des Moines Water Works:
The Board of Trustees of West Des Moines Water Works, Iowa hereby waives and consents to any actual,
potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.’s review of the draft
28E Agreement seeking to create the Central Iowa Water Works.
Dated this ____ day of _____________________, 2022.
By: ______________________________________
Chair
By: ______________________________________
Secretary
April 14, 2022
CIWW: Consent-Conflict Waiver
Page 5
Urbandale Water Works:
The Board of Trustees of Urbandale Water Works, Iowa hereby waives and consents to any actual,
potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.’s review of the draft
28E Agreement seeking to create the Central Iowa Water Works.
Dated this ____ day of _____________________, 2022.
By: ______________________________________
Chair
By: ______________________________________
Secretary
April 14, 2022
CIWW: Consent-Conflict Waiver
Page 6
Xenia Rural Water District:
The Board of Trustees of the Xenia Rural Water District, in Bouton, Iowa hereby waives and consents to
any actual, potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.’s review of
the draft 28E Agreement seeking to create the Central Iowa Water Works.
Dated this ____ day of _____________________, 2022.
By: ______________________________________
Chair
By: ______________________________________
Secretary
April 14, 2022
CIWW: Consent-Conflict Waiver
Page 7
Ankeny:
The City Council of Ankeny, Iowa hereby waives and consents to any actual, potential, or perceived
conflict of interest associated with Ahlers & Cooney, P.C.’s review of the draft 28E Agreement seeking to
create the Central Iowa Water Works.
Dated this ____ day of _____________________, 2022.
By: ______________________________________
Mayor
By: ______________________________________
City Clerk
April 14, 2022
CIWW: Consent-Conflict Waiver
Page 8
Johnston:
The City Council of Johnston, Iowa hereby waives and consents to any actual, potential, or perceived
conflict of interest associated with Ahlers & Cooney, P.C.’s review of the draft 28E Agreement seeking to
create the Central Iowa Water Works.
Dated this ____ day of _____________________, 2022.
By: ______________________________________
Mayor
By: ______________________________________
City Clerk
April 14, 2022
CIWW: Consent-Conflict Waiver
Page 9
Waukee:
The City Council of Waukee, Iowa hereby waives and consents to any actual, potential, or perceived
conflict of interest associated with Ahlers & Cooney, P.C.’s review of the draft 28E Agreement seeking to
create the Central Iowa Water Works.
Dated this ____ day of _____________________, 2022.
By: ______________________________________
Mayor
By: ______________________________________
City Clerk
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