HomeMy WebLinkAbout2021-05-17-I01L Termination_Water Service Enhancement AgreementAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 17, 2021
AGENDA ITEM:Consideration of approval of a resolution approving Termination of Third
Amendment to Water Service Enhancement Agreement
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: When the City of Waukee took on the task of meter
reading and utility billing of our own customers, the Third Amendment to the Water Service
Enhancement Agreement with Des Moines Water Works was not officially terminated. The Third
Amendment has been fully performed and deemed to be of no further force and effect. All payment
and contract performances due under the Third Amendment have been fully made and satisfied and
there is no remaining obligation. DMWW and the City of Waukee mutually agree to terminate the
Third Amendment.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Resolution
II. Termination of Third Amendment to Water Service Enhancement
Agreement
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1L
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING TERMINATION OF THIRD AMENDMENT TO WATER SERVICE
ENHANCEMENT AGREEMENT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee is a duly organized municipality within Dallas County; AND,
WHEREAS, the City of Waukee operates a municipal water utility; AND,
WHEREAS, the City of Waukee (“Waukee”) and Des Moines Water Works (“DMWW”) are
parties to a Water Service Enhancement Agreement dated May 26, 1992, which Waukee joined
by addendum dated August 24, 1992 (the “Water Service Enhancement Agreement”). DMWW
and Waukee have subsequently entered into five amendments thereto as they affect such parties,
including a Third Amendment dated June 24, 2003 (the “Third Amendment”). In the Third
Amendment the parties terminated the First Amendment and the Second Amendment as defined
in the Third Amendment and have subsequently entered into a Fourth Amendment and Fifth
Amendment; AND,
WHEREAS, the parties desire to document that the Third Amendment has been fully performed
by the parties and is no longer of ongoing force or effect, except insofar as it terminated the First
Amendment and the Second Amendment.
NOW THEREFORE BE IT RESOLVED
1.The Third Amendment to the Water Service Enhancement Agreement is hereby terminated
and is acknowledged and agreed by the parties to have been fully performed by the parties.
The Third Amendment shall be deemed to be of no further force and effect as of this date,
except to cause the termination of the First Amendment and Second Amendment as set forth
in the Third Amendment.
2.All payments and contract performances due under the Third Amendment between DMWW
and Waukee have been fully made and satisficed and there are no remaining further
obligations thereunder. The parties mutually release each other from all claims under the
Third Amendment.
3.Except as amended hereby, the Water Service Enhancement Agreement, as previously
amended, shall remain in full force and effect. For avoidance of doubt this means that the
Water Service Enhancement Agreement, as amended by the Fourth Amendment and the Fifth
Amendment shall remain in full force and effect.
BE IT FURTHER RESOLVED, by the City Council of the City of Waukee, Iowa, that the
Termination of Third Amendment to Water Service Enhancement Agreement are hereby
approved.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 17th day of May,
2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
TERMINATION OF THIRD AMENDMENT TO
WATER SERVICE ENHANCEMENT AGREEMENT
TERMINATION OF THIRD AMENDMENT TO WATER SERVICE ENHANCEMENT
AGREEMENT made and entered into as of the day of________________, 2021, by and between
the CITY OF WAUKEE, IOWA ("WAUKEE") and the BOARD OF WATER WORKS
TRUSTEES OF THE CITY OF DES MOINES, IOWA ("DMWW").
RECITALS:
A. DMWW is a duly constituted utility board under the laws of Iowa, and as such, it
manages and controls the water works system serving the City of Des Moines, Iowa and
environs.
B. Waukee is a city that operates a municipal water utility.
C. DMWW and Waukee are parties to a Water Service Enhancement Agreement dated May
26, 1992, which Waukee joined by addendum dated August 24, 1992 (the “Water Service
Enhancement Agreement”). DMWW and Waukee have subsequently entered into five
amendments thereto as they affect such parties, including a Third Amendment dated June 24,
2003 (the “Third Amendment”). In the Third Amendment the parties terminated the First
Amendment and the Second Amendment as defined in the Third Amendment amendment and
have subsequently entered into a Fourth Amendment and Fifth Amendment.
D. The parties desire to document that the Third Amendment has been fully performed by the
parties and is no longer of ongoing force or effect, except insofar as it terminated the First
Amendment and the Second Amendment.
NOW THEREFOR THE PARTIES AGREE AS FOLLOWS:
1.The Third Amendment to the Water Service Enhancement Agreement is herby terminated and
is acknowledged and agreed by the parties to have been fully performed by the parties. The
Third Amendment shall be deemed to be of no further force and effect as of this date, except
to cause the termination of the First Amendment and Second Amendment as set forth in the
Third Amendment.
2.All payments and contract performances due under the Third Amendment between DMWW
and Waukee have been fully made and satisficed and there are no remaining further
obligations thereunder. The parties mutually release each other from all claims under the
Third Amendment.
3.Except as amended hereby, the Water Service Enhancement Agreement, as previously
amended, shall remain in full force and effect. For avoidance of doubt this means that the
Water Service Enhancement Agreement, as amended by the Forth Amendment and the Fifth
Amendment shall remain in full force and effect.
Dated: _______________________, 2021.
CITY OF WAUKEE, IOWA
By: _________________________________
ATTEST:
____________________________________
BOARD OF WATER WORKS TRUSTEES
OF THE CITY OF DES MOINES, IOWA
By: _________________________________
ATTEST:
____________________________________