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HomeMy WebLinkAbout2024-01-15 H03 CIWW Transfer of Property InterestAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 15, 2024 AGENDA ITEM:Consideration of approval of a resolution conditionally approving the transfer of interests in real property by the City of Waukee to Central Iowa Water Works and confirming joinder by the City of Waukee as a founding member of Central Iowa Water Works. FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution ATTACHMENTS: I. Proposed resolution PREPARED BY:Brad Deets, City Administrator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: H3 RESOLUTION 2024- RESOLUTION CONDITIONALLY APPROVING THE TRANSFER OF INTERESTS IN REAL PROPERTY BY THE CITY OF WAUKEE TO CENTRAL IOWA WATER WORKS AND CONFIRMING JOINDER BY THE CITY OF WAUKEE AS A FOUNDING MEMBER OF CIWW WHEREAS, the City of Waukee ("WAUKEE") has a duty to provide the quantity and quality of water needed by its customers within and without the City of Waukee; WHEREAS, historically the Des Moines metropolitan regional area (the "Region") has successfully joined together to provide water services to citizens and customers through shared facilities under various agreements; WHEREAS, the concept of regional governance and ownership of water supply facilities has been studied for many years among the water utilities serving communities in the Region to analyze and recommend a way to provide the needed quality and quantity of water to citizens and customers in the Region both now and in the future; WHEREAS, WAUKEE considers it desirable to establish a shared regional system of drinking water supply production facilities under regional ownership and governance to meet all of its existing and future needs for safe, reliable, abundant, and reasonably priced drinking water to be distributed to its customers; WHEREAS, certain water utilities, rural water districts and governmental entities have developed an agreement for the organization of a new regional water authority as a separate public entity created under Chapter 28E and Chapter 28F, Iowa Code, to be known as the "Central Iowa Water Works" ("CIWW") to act as a regional water wholesale production and supply entity under the material terms and conditions as set forth in the form of the Central Iowa Water Works 28E/28F Agreement dated November 28, 2023 (the "CIWW Agreement") that has been previously approved and adopted by WAUKEE; WHEREAS, the conditions of membership of WAUKEE in CIWW, include the transfer of certain water production and supply assets to CIWW in accordance with, and pursuant to, the terms of the CIWW Agreement (a list of the proposed assets to be transferred to CIWW is attached hereto as Exhibit A) ( the "WAUKEE Water Supply Facilities"); WHEREAS, this Council has found the proposed transfer compliant with the covenants of outstanding obligations secured by the Net Revenues of the water utility, and pursuant to Iowa Code section 364.7, the Council has set forth its proposal to dispose of interests in the WAUKEE Water Supply Facilities as provided in the CIWW Agreement by publication of notice of a public hearing; and WHEREAS, pursuant to said notice published as required by law, this Council has held a public meeting and hearing upon the proposal to transfer the WAUKEE Water Supply Facilities and, accordingly the following action is now considered to be in the best interests of WAUKEE and the customers thereof. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Waukee, Iowa hereby makes a final determination that the transfer of the WAUKEE Water Supply Facilities is in the best interests of WAUKEE and its customers; BE IT FURTHER RESOLVED, that the transfer of the WAUKEE Water Supply Facilities to Central Iowa Water Works in accordance with the CIWW Agreement is hereby approved, conditioned on the final approval and the due execution and delivery of the CIWW Agreement by all other Founding Members of the CIWW as named in the CIWW Agreement and the filing thereof with the Iowa Secretary of State; BE IT FURTHER RESOLVED, that the prior approval and authorization of the CIWW Agreement is hereby confirmed and ratified in all respects and particulars; and BE IT FURTHER RESOLVED, that upon and after the due and full execution of the CIWW Agreement by all of the Founding Members named therein and the filing thereof with the Iowa Secretary of State, the Mayor and City Clerk be and are hereby authorized, empowered and directed to execute, attest, and deliver the transfer documents required for the transfer of the WAUKEE Water Supply Facilities to CIWW in accordance with the CIWW Agreement for and on behalf of WAUKEE, and that the Mayor and City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply herewith. PASSED AND APPROVED this 15th day of January, 2024. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair EXHIBIT A: Summary of Assets to Be Transferred BPS Xenia Booster Station at LP Moon *MTR = Meters; BPS = Booster/Pumping Station; SOS = Sources of Supply; STO = Storage; TMT = Treatment Facilities; TRN= Transmission Network Further detail is provided in the Notes to Schedule IV-7 to the CIWW Agreement, which is available for review at https://bit.ly/CIWWExecution28E28F and a copy of which is on file at the offices of WAUKEE located at 230 West Hickman Road, Waukee, Iowa 50263.