HomeMy WebLinkAbout2023-01-16 Resolution 2023-025_28E Agreement, NE Outfall Sewer, City of CliveTHE CITY OF WAUKEE, IOWA
RESOLUTION 2023-025
APPROVING 28E AGREEMENT BETWEEN THE CITIES OF CLIVE AND WAUKEE,
IOWA FOR THE CONVEYANCE OF SEWER AND CONSTRUCTION EASEMENTS
AND THE PROVISION OF FUNDS FOR PROJECTS LOCATED IN CLIVE
[NE OUTFALL SEWER PROJECT)
IN T IIE NAME AND BY THE A UTHORITY Oh' THE CITY OF WA UKEE, IOWA
WHEREAS, a 28E AGREEMENT is entered into by and among the City of Clive, Iowa, an
Iowa municipal corporation ("Clive"), and the City of Waukee, Iowa, an Iowa municipal
corporation ("Waukee") (Clive and Waukee together hereinafter relerred to as the "Parties").
WHEREAS, Waukee currently possesses a sanitary sewer system which serves the residents of
Waukee; and
WHEREAS, Waukee is a member of the Wastewater Reclamation Authority ("WRA'") which
treats the sanitary waste generated within Waukee; and
WHEREAS, Waukee has designed plans to construct a sanitary trunk sewer to transport and
deliver sanitary waste collected in Waukee through the City of Clive to WRA facilities located in
Urbandale for treatment. as depicted as the "NE Outfall Sewer" on Exhibit A of the 28E
Agreement (the `'Waukee Outfall Sewer"); and
WHEREAS, the designed route for the Waukee Outfall Sewer requires temporary and
permanent easements on and across property owned by Clive, and Clive is willing to provide to
Waukee and Waukee is willing to compensate Clive for the easements necessary for the
construction, installation, operation and maintenance of the Waukee Outfall Sewer, subject to the
terms of the 28E Agreement; and
WHEREAS, Waukee intends to finance all or part of the construction of the Waukee Outfall
Sewer through the Clean Water State Revolving Fund (hereinafter `'SRI-') by applying to the
Iowa Department of Natural Resources (hereinafter "IDNR-) and/or the Iowa Finance Authority
(hereinafter "I FA") for funds; and
WHEREAS, Clive desires to undertake a water resource restoration project to improve water
quality in the watershed in which Waukee's utility infrastructure and system facilities located on
Clive property (hereinafter the "Sponsored Project') for which Waukee has also applied for
funding through the IDNR and/or IFA and has received preliminary approval for funding
(hereinafter the "SRF Funds") for the Sponsored Project; and
WHEREAS, Waukee intends to use qualifying SRI` Iunds received for the Sponsored Project to
fulfill some or all of its obligation to compensate Clive for the easements being granted to
Waukee hereunder; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee approve
a 28E Agreement between the City of Clive, Iowa and the City of Waukee, Iowa is hereby
approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 16t' day of January,
2023.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE NAY
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
ABSENT ABSTAIN
2