HomeMy WebLinkAbout2024-10-07 Resolution 2024-437_CIRDWC Termination and AmendmentTHE CITY OF WAUKEE, IOWA
RESOLUTION 2024-437
OF TERMINATION AND AMENDMENT
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, 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 7`" day of October
2024.
Attest:
- 44C)lt-w 0.
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE
R. Charles Bottenberg
X
Chris Crone
X
Rob Grove
X
Anna Bergman Pierce
X
Ben Sinclair
X
(-`
Courtney Clarke, Mayor
NAY ABSENT ABSTAIN
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
Membership Dues 2017-2018 Amount Paid
Date Paid
Date
Deposited
Pro Rata %
Amount to
be
Distributed
Altoona $158.00
8/10/2017
8/17/2017
3.89%
$ 2,475.23
Ankeny $300.00
8/13/2018
8/29/2018
7.38%
$ 4,699.80
Bondurant $120 00
8/10/2017
8/17/2017
295%
$ 1,879.92
Carlisle $115.00
8/22i2017
8/22/2017
2.83%
$ 1,801.59
Clive $158.00
8114i2017
8/17/2017
3.89%
$ 2,475.23
Cumming $101.50
818/2017
8/22,12017
2.50%
$ 1,590.10
Johnston $168.00
8124/2017
9/5/2017
4.13%
$ 2,631.89
Mitchellville $106.00
8/14i2017
8/17/2017
2.61%
$ 1,660.60
New Virginia Converted to non -voting, non dues paying member
0.00%
$ -
Norwalk $136.00
8/9/2017
8/17/2017
3 34%
$ 2,130.58
Pleasant Hill $131.00
8/14/2017
8/17/2017
3 22%
$ 2,052.25
Polk City $117.00
8/17/2017
8/17/2017
2.88%
$ 1,832.92
St. Charles $103.00
8/17/2017
8/17/2017
2.53%
$ 1,613.60
Waukee $162.00
8/10/2017
8/17/2017
3.98%
$ 2,537.89
Windsor Heights $121.00
8/10/2017
8/17/2017
2.98%
$ 1,895.59
Des Moines Water Works $785,00
8/7/2017
8/7/2017
19 30%
$12,297,81
Indianola Municipal Utilities $155 00
2/9/2018
2/20,2018
3.81%
$ 2,428.23
Polk County $170 00
8/14/2017
8/17/2017
4.18%
$ 2,663.22
Urbandale Water Utility $255 00
8'18i2017
8/22/2017
6.27%
$ 3,994.83
Warren Rural Water $170,00
84/2017
8/7/2017
4.18%
$ 2,663.22
West Des Moines Water Works $340 00
8128/2017
9/5/2017
8.36%
$ 5,326.44
Xenia Rural Water $195 00
8/7/2017
8/7/2017
4 80%o
$ 3,054.87
Total $4,066.50
1
10&00%j
$ 63,705.78