HomeMy WebLinkAbout2023-12-18 Resolution 2023-524_Second Amendment to 28E Agreement, Xenia Rural Water District, Des Moines Water WorksTHE CITY OF WAUKEE, IOWA
RESOLUTION 2023-524
APPROVING SECOND AMENDMENT TO 28E AGREEMENT BY AND BETWEEN
THE CITY OF WAUKEE, IOWA, XENIA RURAL WATER DISTRICT, AND THE
BOARD OF WATER WORKS TRUSTEES OF THE CITY OF DES MOINES, IOWA
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, on February 4, 2019 (RES # 19-050), the City entered into a Chapter 28E
Agreement with Xenia Rural Water District and the Board of Water Works Trustees of the City
of Des Moines, Iowa for the ownership, operation, use and maintenance of the Waukee/Xenia
Joint System Facilities that has been filed with the Iowa Secretary of State on April 3, 2019 as
Agreement Number M511603; AND,
WHEREAS, on March 7, 2022 (RES# 2022-085), the City approved the First Amendment to
28E Agreement with Xenia Rural Water District and the Board of Water Works Trustees of Des
Moines, Iowa, the parties have ascertained that certain specifications as to location of facilities
need to be corrected and the parties desire to modify some of the provision of the Waukee-
Xenia-DMWW 28E agreement; AND,
WHEREAS, the City of Waukee currently owns 12% of the shared Waukee/Xenia booster
station located at the L.P. Moon site and 4% of the 24" water main along Hickman Road from
the shared booster station at the L.P. Moon site to the inlet side of the Xenia Chemical Feed
Facility and Xenia/Waukee meter pits east of 20th Street; AND,
WHEREAS, the City of Waukee will be purchasing facility capacity rights in these two assets
increasing Waukee's ownership to 8.5714% and 26.1818% respectively in these shared facilities,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Second Amendment to 28E Agreement By and Between the City of Waukee, Iowa, Xenia Rural
Water District, and the Board of Water Works Trustees of the City of Des Moines, Iowa is
hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 18"' day of
December, 2023.
Courtney Clarke, Mayor
Attest: /Q
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
NAY ABSENT ABSTAIN