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HomeMy WebLinkAbout2012-01-09-Resolutions 12-16_Southwest Economic Development Cooperative - 28E Agr - VariousTHE CITY OF WAUKEE,row A RESOLUTION 12-16 APPROVING AN AGREEMENT FOR THE ESTABLISHMENT AND OPERATION OF THE SOUTHWEST ECONOMIC DEVELOPMENT COOPERATIVE PURSUANT TO IOWA CODE CHAPTER 28E IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas County; AND, WHEREAS,the proposed construction of the Southwest Bypass and related roadways is anticipated to affect numerous cities and counties located in the southwest quadrant of the Greater Des Moines Metropolitan Area,including Waukee;AND, WHEREAS,on July 11,2011,the City of Waukee entered into a Memorandum of Understanding for the purpose of establishing the Southwest Economic Development Cooperative (Resolution #11-128);AND, WHEREAS,the cities of Cumming,Norwalk,Waukee and West Des Moines and the counties of Dallas,Madison and Warren now wish to formalize their agreement to work collaboratively pursuant to the provisions of Iowa Code Chapter 28E,the agreement for which is attached to this resolution as Exhibit A and made a part hereof; NOW THEREFORE BE IT RESOLVED by the Waukee City Council that the City of Waukee hereby approves an Agreement for the Establislunent and Operation of the Southwest Economic Development Cooperative pursuant to Iowa Code Chapter 28E,subject to the approval by all other parties to the agreement. Passed by the City Council of the City of Waukee,Iowa,and approved t e 9th day of J anuary, 2011. Attest: Jeffre I ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X NAY ABSENT ABSTAIN X X X X AGREEMENT FOR THE ESTABLISHMENT AND OPERATION OF THE SOUTHWEST ECONOMIC DEVELOPMENT COOPERATIVE PURSUANT TO IOWA CODE CHAPTER 28E WHEREAS,the proposed construction of the Southwest Bypass and related roadways is anticipated to affect numerous cities and counties located in the southwest quadrant of the Greater Des Moines Metropolitan Area;and WHEREAS,several of the affected cities and counties have entered into a Memorandum of Understanding for the purpose of establishing the Southwest Economic Development Cooperative (hereinafter "Cooperative");and WHEREAS,the parties to the Memorandum of Understanding now wish to formalize their agreement to work collaboratively in the Cooperative and to set forth each parties rights and obligations pursuant to the provisions of Iowa Code Chapter 28E. NOW,THEREFORE,the cities of Cumming,Iowa ("Cumming''),Norwalk,Iowa ("Norwalk"),Van Meter,Iowa ("Van Meter"),Waukee,Iowa ("Waukee")and West Des Moines,Iowa ("West Des Moines"),municipal corporations organized under the laws ofthe state ofIowa,and Dallas County,Iowa ("Dallas"),Madison County,Iowa ("Madison")and Warren County,Iowa ("Warren"),county corporations organized under the laws of the state of Iowa, agree as follows: Part I -.Joint Exercise of Powers under Chapter 28E ofthe Code oflowa 1.PUljlOse of Agreement.Pursuant to Chapter 28E of the 20 11 Code ofIowa,the parties have entered into this Agreement to jointly exercise their respective powers for the establishment and operation of the Southwest Economic Development Cooperative, which shall provide a partnership among the member parties to address the strategic, economic,land use,job creation and transportation planning issues related to the location,design and construction of the Southwest Bypass and related roadways in the areas represented by the parties.All parties agree to work cooperatively to attain the purpose and goals as set forth in this Agreement or as otherwise established by the Cooperative.This Agreement is a voluntary undertaking of the parties and it is not the intention of any party to create a new legal entity by this Agreement. 2.Recommending Body._The parties to this Agreement acknowledge that the Cooperative shall provide recommendations to each party's governing body in furtherance of the policy and goals as set forth above,but that fmal approval of any or all recommendations of the Cooperative shall have no force or effect whatsoever unless and until approved by each respective governing body. 3.Effective Date.'This Agreement shall be effective upon its approval by resolution and execution by each of the governing bodies and its recording with the Iowa Secretary of State. 4.Administrator.The parties hereby agree that the membership shall determine the administrator,who shall administer this Agreement on behalf of the Cooperative. 5.Duration.This Agreement shall remain in full force and effect until terminated by simple majority vote of the parties.Each party shall have one vote.Any party may withdraw from participation in the Cooperative following not less than thirty (30)days notice to the remaining parties. 6.Financial Obligations and Acquisition of Property.No party to this Agreement shall be financially obligated in any manner whatsoever regarding the establishment or operation of the Cooperative,and no personal or real property shall be obtained by or in the name of the Cooperative. Part II -Additional Provisions I.Rules of Procedure.The Cooperative shall be governed by rules of procedure adopted and amended,as necessary,by simple majority vote ofthe members. 2.Notice.Any notice,demand or other communication under tins Agreement by any party to any other party or parties shall be made by regular U.S.mail and shall be deemed to be received by the party to whom directed when postmarked,unless such notice,demand or communication involves the termination by a party from the Cooperative,at which time such notice,demand or communication shall be made by certified mail,return receipt requested.Notice to each city shall be made to the city clerk of the respective city and notice to each county shall be made to the chairperson of the board of supervisors of the respective county. 3.Assignment of Agreement.This Agreement may not be assigned. 4.No Third party Beneficiaries.Nothing in this Agreement shall be construed to create in any third party,or in favor of any third party,any right(s),licensees),power(s),or privilege(s). 5.Severability.If any section,provision,or part of this Agreement shall be found to be invalid or unconstitutional,such finding shall not affect the validity of the Agreement as a whole or any section,provision,or part thereof not found to be invalid or unconstitutional. 6.Governing Law and Jurisdiction.This Agreement shall be governed by and interpreted in accordance with the laws of the State of Iowa,The parties consent to the jurisdiction of the state of Iowa and venue in the Iowa District Court in and for Dallas County. 7.Federal,State,and Local Laws.The parties shall follow all federal,state,and local laws and regulations in the establishment and operation ofthe Cooperative. 8.Execution of Agreement.This Agreement shall be executed in seven (7)counterparts, each of which so executed shall be deemed to be an original. 9.Entire Agreement.This Agreement represents the entire agreement between the parties. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed addendum to this Agreement. This Agreement shall comprise eleven (11)pages, of which eight (8)pages constitute a separate signature page for each member ~~~~1MING,IOWA BY~~~~ Tom Becker,Mayor STATE OF IOWA ) )SS COUNTY OF WARREN ) On this I day of 1\~JI~,2012,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Tom Becker and AmaJ<da Kr.\cJ-,e;\\<:<Svii.>her Staffier,to me known to be the Mayor and City Clerk,respectively,of the City of Cumming, Iowa;that the instrument was signed and sealed on behalf of the CitYj by authority of its City Co cil as contained in Resolution aO lJ..-fJ-.passed on the J:3 "'L day of _*_~=--=:-:_~"2012,by the City Council of the City of Cumming,Iowa,and that the Ma r and City Clerk acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City,by it voluntarily executed, ti), IDW," I:'ERLY O'BRIEN <:,'ISSION EXPIRES 'ARY 14,20i @~••ow, KIMBERLY O'BRIEN MY COMMISSION I:lO'IRES FEBRUARY14,20{5 CITY OFNORWALK,IOWA By: STATE OF IOWA ) )SS COUNTY OF WARREN ) ,;;1.O I""On this 5~day of /\.AA.UDJ I ,2\l1l,before me,the undersigned,a Notary Public in and for the State of'Iowa,persona I appeared D01lg Pierce and Jeff Rosien,to me known to be the Mayor and City Clerk,respectively,of the City of Norwalk,Iowa;that the Instrument was signed and sealed on behalf of the City,bJ authority of its City Council as contained in Resolution {)I M'-J;?-[passed on the 5·\,day of __.J~(),}2,\f\:::, dGIa-..'2f}l.L,by the City Council ofthe City of Norwalk,Iowa,and that the Mayor and <Qi.p.y Clerk acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City,by it voluntarily executed, CITY OF VAN METER,IOWA By:CJJ.iw-IS .~ Allan B.Adams,Mayor ATTES~/"1 ttl BY:~((JaCOb R.Aiiderson,City Clerk STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this 10th day of January,2012,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Allan B.Adams and Jacob R.Anderson,to me known to be the Mayor and City Clerk,respectively,of the City of Van Meter,Iowa;that the instrument was signed and sealed on behalf ofthe City,by authority of its City Council as contained in Resolution #2012-2 passed on the 9th day of January 2012,by the City Council of the City of VanMeter,Iowa,and that the Mayor and City Clerk acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City,by it voluntarily executed, STATE OF IOWA COUNTY OF DALLAS ) )SS ) On this 1~-lJ\day of_J(j/lI.-ta~,2012,before me,the undersigned,a Notary Public in and for the State of Iowa,personal y appeared WIlham F.Peard and Jeffrey L. Kooistra,to me known to be the Mayor and City Administrator,respectively,ofthe City of Waukee,Iowa;that the instrument was signed and sealed 011 behalf ofthe City,by authority of its City Council as contained in Resolution 1,-)\0 passed on the q1l1 day of _~~I1lJ.(l~,2012,by the City Council of the City of Waukee,Iowa,and that the Mayor and CI y Clerk acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City,by it voluntarily executed. <~""~REBECCAO.SCHUm~f.Commi9sJon Numbor 116496••My CommissIon Expires ruw May 13,2014 ~!YU«wtf Notary Public ATTEST: By: STATE OF IOWA ) )SS COUNTY OF POLK) On this 2<~day of ~beL=,2011,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Steven K.Gaer and J ody E. Smith,to me known to be the Mayor and City Clerk,respectively,of the City of West Des Moines,Iowa;that the instrument was signed and sealed on behalf of the City,by authority of its CiQ'Council as contained in Resolution 1l.-rl.-z.7~passed o~the Z7tO..day o~ ~~,2011,by the City Council of the CIty of West Des Moines,Iowa,and that the Mayor and City Clerk acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City,by it voluntarily executed. @RYAN.T.JACOBSONI,T-Cemm~INmbor 757030 ••1Ay7~ExpIreo COUNTY OF DALLA.'j,IOWA·,.7 By:A:~~:~?/.~~::~~:"; Brad Golightly,Chair .1.,1 Board of Supervisors .1\ STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this 1J.4..day O~1\i.\..'(,,2011.,before me,the undersigned,a Notary Public in and for the State onawa,personally peared Brad Golightly and Gene Krumm,to me known to be the Chair of the Board of Supervisors and the Auditor,respectively, of Dallas County,Iowa;that the instrument was signed and sealed on behalf of the County,by a~~ority of its Board of Supervisors as contained in Resolution 2ClI a-60 (..passed 011 the3!==_day or~ru Gl y ~,2011.by the Board of Supervisors and that the Chair and Auditor acknowledged th ~ecution of the instrument to be their voluntary act and deed and the voluntary act and deed of the County,by it voluntarily executed. COUNTY OF MADISON,IOWA '~~By: Kirk Macumber,Chair Board of Supervisors STATE OF IOWA ) )SS COUNTY OF MADISON ) ,/#1 ~'\ On this dT -day of --.J 0..n\JJU"~,2012,before me,the undersigned,a Notary Public in and for the State of Iowa,personally peared Kirk Macumber and J oau Welch, to me known to be the Chair of the Board of Supervisors and the Auditor,respectively,of Madison County,Iowa;that the instrument was signed and sealed on behalf of the County,by authority of'its Board of Supervisors as contained in Resolution Sl'V-/"~l)lJ....passed on the ~day ofJ@lVU'y ,2012,by the Board of Supervisors and that the Chair and Auditor acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the County,by it voluntarily executed. ~~~Notary ublic COUNTY OF WARREN,IOWA By:~~CI' Doug Shull,Chair Board of Supervisors STATE OF IOWA ) )SS COUNTY OF WARREN ) On this 615 M day of Jo.oWlru ,201'1tbeforeme,the1111dersigned,a Notary Public in and for the State of Iowa,personall{appellfed Doug SImlI and Tract VanderLinden,to me known to be the Chair of the Board of Supervisors and the Auditor, respectively,of Warren County,Iowa;that the instrument was signed and sealed on behalf of'the County,by authority of its Board of Supervisors as contained in Resolution t;1 _il Q passed On the ...3JyL day or ,,1r!.J1.I1t1.h U ,20~bytheBoard of Supervisors and that the Chair and Auditor acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the County,by it 'Voluntarily executed.