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HomeMy WebLinkAbout2025-10-06 I08 1st Amendment to Waukee Gas Utility Purchase AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 6, 2025 AGENDA ITEM:Consideration of approval of a resolution approving First Amendment to Asset Purchase Agreement (Waukee Municipal Gas Utility) FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Following a special election held in March 2025 on the question on whether or not to sell the Waukee Municipal Utility, the City Council approved an Asset Purchase Agreement with MidAmerican Energy Company. The agreement includes the terms of the sale including purchase price, asset allocation and anticipated closing. The proposed First Amendment includes a modification of the closing date from November 6, 2025 to October 22, 2025 as well as a provision related to customer billing and the purchasing of gas for the utility. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution ATTACHMENTS: I. Proposed Resolution II. 1st Amendment to Purchase Agreement PREPARED BY:Brad Deets, City Administrator REVIEWED BY: I8 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- RESOLUTION APPROVING FIRST AMENDMENT TO ASSET PURCHASE AGREEMENT FOR THE SALE OF THE GAS UTILITY TO MIDAMERICAN ENERGY COMPANY 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, at a Special Election held March 4, 2025, the voters authorized the City to discontinue and dispose of the municipally-owned gas utility, known as Waukee Municipal Gas Utility, by sale; AND WHEREAS, on April 21, 2025, the City approved an Asset Purchase Agreement with Mid American Energy Company to move forward with the sale of the Gas Utility. WHEREAS, said First Amendment to the Asset Purchase Agreement revises terms of the original Agreement. NOW BE IT THEREFORE RESOLVED by the City Council of the City of Waukee that the First Amendment to Asset Purchase Agreement attached hereto should be and the same is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 6th day of October, 2025. ____________________________ 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