HomeMy WebLinkAbout2005-11-07-Resolutions 05-204_Purchase Agr - Xenia Rural Water DistrictTHE CITY OF WAUKEE,IOWA
RESOLUTION 05-204
AUTHORIZING PAYMENT FOR THE CITY'S ACQUISITION OF XENIA RURAL WATER
DISTRICT MORE P ARTICULARL Y SET FORTH IN THE PURCHASE AGREEMENT
EXECUTED BETWEEN THE PARTIES AUGUST 15,2005
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,on August 15,2005,the City Council of the City of Waukee entered into a purchase
agreement by resolution for the purchase of its water system within the area more particularly described in
the purchase agreement;AND,
WHEREAS,pursuant to the terms of the purchase agreement,Xenia was to deliver free and clear of any
and all liens,mortgages,security interests or other encumbrances through or under Xenia and all assign
easements within the easement area and document the sale with a bill of sale in exchange for a sum of
$113,394.70 plus all costs incurred by Xenia in connection with the transfer of the system,including
attorney fees not to exceed $5,000.00 for a total of $118,394.70;AND
WHEREAS,V &K,the City Engineers,have reviewed the assignment of easements and the location of
the facilities being acquired under the purchase agreement and have ascertained that Xenia has provided
easements covering the water system purchased under the purchase agreement and the City,by virtue of
the assignment of said easements will have the right to maintain,serve,and modify the infrastructure
acquired under the purchase agreement;AND
WHEREAS,Xenia will cooperate in the future,after closing,in connection with the transfer of the water
services to persons connected to the purchase area system following the closing date pursuant to the terms
of the purchase agreement;AND
WHEREAS,the USDA has authorized the transfer which is required by applicable law.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Xenia Rural
Water District Purchase Agreement and the acquisition thereunder be consummated and the payment be
authorized in the amount of $118,394.70 to the Xenia Rural Water District and that the assignment of
easements be recorded at the Dallas County Recorder's Office.
~~nln~MV~J~
Mark J.Arentsen'l5ity Administrator/Clerk
ROLL CALL VOTE AYE NAY
Nicholas C.Gruber X
Donald L.Bailey,Jr.X
BillPeard X
Jeff Mertz X
Darlene Stanton X
ABSENT