HomeMy WebLinkAbout2024-10-07 I01H CIRDWC TerminationAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 7, 2024
AGENDA ITEM:Consideration of approval of a resolution of acceptance and approval of
termination of Central Iowa Regional Drinking Water Commission
(CIRDWC) and of Amendment to 28E Agreement to terminate
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The City of Waukee has been a member of the
Central Iowa Regional Drinking Water Commission (CIRDWC) for a number of years. The
Commission has not been very active for the last several years. In 2024, Central Iowa Water
Works (CIWW) was formed and the CIRDWC commission is now duplicative of the efforts of
CIWW. It has been recommended by CIWW to disband the CIRDWC commission by the end of
2024.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Pending termination, the
City will receive $2,537.89 in remaining assets of the Commission.
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:
I1H
ACCEPTANCE AND APPROVAL
OF
TERMINATION OF CENTRAL IOWA REGIONAL DRINKING WATER COMMISSION
AND OF
AMENDMENT TO 28E AGREEMENT TO TERMINATE
The public agency named below hereby approves the Resolutions of Termination and
Acceptance as attached hereto (“Resolutions”) and hereby approves, accepts, and
agrees to the termination of the Central Iowa Regional Drinking Water Commission, and
to the amendment of the 28E agreement creating such entity to affect such termination,
pursuant to the Resolutions.
Further, the public agency hereby agrees: (i) that this Acceptance and Approval shall
be deemed to constitute the vote of the representative of this public agency to the
CIRDWC Governing Board to adopt the Resolutions; (ii) that it waives any objection to
the adoption of the Resolutions without a meeting of the Governing Board; and (iii) that
no further action needs to be taken by the Governing Board to approve the Resolutions.
Dated: _____________, 2024
Name of Public Agency: _________________________
By: ______________________________
Attest: ____________________________
THE CITY OF WAUKEE, IOWA
RESOLUTION 2024-
OF TERMINATION AND AMENDMENT
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, Central Iowa Regional Drinking Water Commission (“CIRDWC”) is an entity
created and existing under Ch. 28E, Iowa Code, pursuant to an “Amended and Restated 28E
Agreement” (the “CIRDWC 28E Agreement”) filed with the Iowa Secretary of State as agreement
M504123 and formed for the purpose of regional planning and promoting cooperation among
drinking water utilities in Central Iowa; AND,
WHEREAS, a new entity, Central Iowa Water Works, has been formed which will, among other
things, serve to replace all of the functions of CIRDWC; AND,
WHEREAS, it is appropriate to terminate the existence of CIRDWC and to distribute its assets
as provided in the CIRDWC 28E Agreement.
NOW THEREFOR IT IS HEREBY RESOLVED, that the existence of the Central Iowa
Regional Drinking Water Commission shall be terminated effective as of December 31, 2024, or
upon the filing of a termination agreement with the Iowa Secretary of State, whichever last
occurs (the “Termination Date”), and that the CIRDWC 28E Agreement shall be deemed
amended as of such date to effect such termination subject to the contingency that not less than a
majority of the Members shall have previously executed and delivered to the Recording
Secretary a written acceptance and approval of such termination and amendment.
FURTHER RESOLVED, that upon receipt of written acceptances and agreements of these
Resolutions by at least a majority of the Members, the Recording Secretary shall execute a
Statement of Termination and Amendment with respect to the CIRDWC 28E Agreement, in the
form attached hereto as Exhibit 1 and file it with the Iowa Secretary of State.
FURTHER RESOLVED, that the assets of CIRDWC consist entirely of the sum of $63,705.78
in cash, and that such sum shall be distributed to the Members pro rata in proportion to the
annual dues last assessed in 2017 in the particulars as attached hereto as Exhibit 2, and that
receipt and deposit of such funds by a Member shall be deemed to constitute the Member’s
agreement to the termination of CIRDWC and a waiver of any and all objection thereto.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 7th day of October
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 1
STATEMENT OF TERMINATION AND AMENDMENT
OF
28E AGREEMENT
OF
CENTRAL IOWA REGIONAL DRINKING WATER COMMISSION
Central Iowa Regional Drinking Water Commission (“CIRDWC”) is an entity created and
existing under Ch. 28E, Iowa Code, pursuant to an “Amended and Restated 28E
Agreement” (the “CIRDWC 28E Agreement”) filed with the Iowa Secretary of State as
agreement M504123.
By authority of a majority of its Members:
1. The existence of CIRDWC shall be, and hereby is, terminated.
2. The CIRDWC 28E Agreement shall be, and hereby is, amended to effect
such termination.
3. Such termination and amendment shall be effective as of December 31,
2024, or the date of filing of this Statement with the Iowa Secretary of State
whichever last occurs.
4. This statement is executed by the Recording Secretary of CIRDWC pursuant
to a Resolution approved by a majority of its Members.
Dated: _________________, 2024
_________________________________
Amy Kahler, Recording Secretary
Exhibit 2
ALLOCATION OF SHARES OF THE ASSETS
OF
CENTRAL IOWA REGIONAL DRINKING WATER COMMISSION
UPON TERMINATION