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HomeMy WebLinkAbout2001-04-23-Resolutions 01-63_CIRDWC - 28E AgrRESOLUTION NO 01-63 CENTRAL IOWA REGIONAL DRINKING WATER COMMISSION MASTER AGREEMENT THIS AGREEMENT,is made and entered into by and among the counties,cities, municipal utilities and water districts listed in Exhibit A attached hereto and such other counties,cities,municipal utilities and water districts,which shall elect to accept this Agreement and shall execute from time to time,a document so stating (the "Parties"). WHEREAS,the Patties are duly organized public agencies in the State of Iowa,which Parties wish to jointly exercise certain powers,privileges or authorities under the provisions of Chapter 28E of the Code of Iowa,and WHEREAS,the Parties hereto believe that creation of a region-wide commission to perform certain water facilities planning activities in coordination with other regional planning entities is beneficial to the customers they serve,and WHEREAS,the parties hereto believe that creation of the same region-wide agency to perform certain services on behalf of the Parties could be beneficial to the customers they serve, NOW,THEREFORE,BE IT REMEMBERED that for the mutual promises, covenants,and considerations herein contained the Parties have entered into the following agreement under the provisions of Chapter 28E of the Code of Iowa to provide for the joint exercise of powers,to wit. A.General Provisions 1.The foregoing recitals are a part of this agreement and shall be so construed. 2.The purposes of this agreement are to:(1)enable the Parties to jointly plan and coordinate implementation for water supply,treatment, distribution and storage facilities for the benefit of the Parties and their respective customers,to (2)enable the Parties to jointly provide services in a cost-effective manner to each other and to (3)enable the Parties to undertake joint or coordinated procurement of goods and services. 3 .Nothing in this agreement shall be construed so as to limit or supersede the powers and authority of any of the Parties. 4.Nothing in this agreement shall be construed so as to limit,supersede or in any other manner affect any type of agreement between any of the Parties,or between one or more of the Parties and any other entity. B.Central Iowa Regional Drinking Water Commission I1.There is hereby created the "Central Iowa Regional Drinking Water Commission"(the "Commission"),which shall provide planning activities for water supply,treatment,distribution and storage facilities when the location,extent and type of such facilities shall,in general, impact two or more of the Parties. 2.The Commission shall establish procedures and facilities,including standardized specifications,terms and conditions whereby members may jointly exercise their respective powers in the following respects and particulars, (a)By contracting among themselves on an efficient,consistent and standardized basis for the provision of goods and services among them;and (b)By joint or coordinated procurement of goods and services. 3.The commission may provide such other services to one or more of the Parties as the Parties from time to time may request or accept,upon offer by the Commission,without limitation. C.Governance of the Commission 1.The Commission shall be governed by a Board of Directors (the "Board"),consisting of one representative of each of the Parties.The Patties may choose their representative in any manner not prohibited by laws of the State of Iowa.Each member of the Board shall be a duly elected or appointed official of a party,or may be any interested citizen,residing within the service area of a patty,whom a party may choose to be its representative. 2.Except for the initial terms,terms of the members of the Board shall be four years in length,staggered so that no more than one-fourth of the members'terms shall expire at anyone time.Terms shall begin upon the members'appointment by the governing body of a party and shall end on June 30 of a year.The shortest initial term shall expire on June 30,2002,and the other initial member terms shall expire in the following years on June 30.The initial members shall determine their individual term lengths by lottery among themselves. 3.The respective party shall fill uncompleted terms in the same manner 1asfullterms, 4.Actions of the Board shall be determined by a simple majority of the members present at a meeting and a quorum of the Board shall be a simple majority of the full membership of the Board. 5.The Board shall establish specific rules under which it and the Commission will operate,which rules shall be in consonance with this agreement and laws of the State of Iowa. 6.Each party shall be entitled to appoint one ex-officio,non-voting member to the Board.This ex-officio,non-voting member of the Board shall be a full-time employee of the appointing party. D.Methods for Completing Tasks of the Commission 1.The Commission may employ such resources as it shall deem necessary to complete the facilities planning tasks enumerated herein and such tasks as the Parties may,from time to time,request or the Commission may elect to offer to the Parties. 2.The Commission may procure staff-type resources through agreement with one or more of the Parties,through agreement with other area governmental entities,through usual employment practices resulting in individuals becoming full or part-time employees,hiring one or more firms or individuals on a consulting basis or by other means as shall be determined by the Board.Combinations of any of these methods may also be utilized. 3.The Commission may procure office space,equipment and supplies in any manner authorized by the Code of Iowa,except eminent domain. E.Financing 1.The Board shall cause to be prepared an annual budget which shall be approved by the Board.Such budgets shall be for periods beginning on July I of a year and shall be adopted by the Board prior to April I of the year preceding the year covered by the budget.The first such budget shall be for the year beginning July I,2002. 2.The costs of facility planning activities shall be apportioned among the Parties on the basis of the ratio each party's retail customer accounts to the total retail customer accounts of all the Parties,using the most recent data available. 3.The costs of the various services shall be determined on a "per piece", "per account"or "per transaction"basis,including all applicable costs of the Commission,and shall be computed so as fully cover the cost of providing the service plus an overhead allowance as determined by the Board.The cost of each service shall be uniform to each of the Parties.The Board shall determine cost -sharing methods to recover the costs of research and development-type activities. 4.The Parties intend that the Commission be self-supporting,not relying upon any source of revenue,other than those listed above,interest received from its investments and revenue bonds issued in accordance with the provisions of Chapter 28E or 28F of the Code of Iowa. 5.Funds of the Commission shall be invested at interest at all times and shall be secured as provided for by the Code of Iowa 6.Parties joining the Commission on or before March 21,2001,shall not be charged an entrance fee.The Board shall determine one-time entrance fees to be charged to Parties joining the Commission after March 31,2001.Such fees may be changed from time to time,at the discretion of the Board. F.Term of this agreement 1.Any party may terminate its participation in this agreement by vote of its governing body.Such decision shall be communicated to the Board in writing on or before January 1 of a year for a termination to become effective as of the following July 1.Termination shall not be effective at any other time.No monetary refund of any kind shall be given. ] 2.This agreement shall be binding upon the successors and assigns of the Parties. 3.This agreement shall terminate on July I,2101,or earlier,if the total number of Parties hereto drops to two as of an earlier J ul y 1. G.Amendments 1.Amendments to this agreement shall become effective upon approval of a majority of the Parties at the time of the amendments. H.Acceptances 1.Acceptances shall be substantially in the form of Exhibit B attached hereto.This document,together with the acceptances by the Parties, shall be construed as one agreement as though each of the Parties had signed the same document.Each party shall receive one fully signed copy of this agreement and its acceptance. J 1.Ownership of Assets 1.Except for assets procured by the Commission through the normal course of business,all assets of the Parties shall remain with the Parties. J.Recordation 1.When this agreement has been approved by the Parties,the agreement shall be filed with the Iowa Secretary of State and with the county recorders (or auditors)of each of the counties in which the Parties transact business. 2.When this agreement is accepted from time to time by another governmental entity,documentation of such acceptance shall be filed with the Iowa Secretary of State and with the county recorders (or auditors)of each of the counties in which the joining governmental entity transacts business .. K.Disposition of Assets upon Termination of this Agreement 1.Upon termination of this agreement,all assets of the Commission shall be sold at public auction to the highest bidders and the proceeds of such sale shall be returned to each of the Parties existing as the date of the auction. 2.Payments to the Parties from the proceeds of such auction shall be allocated on the basis of the total amount of funds paid to the Commission during the five full fiscal years immediately preceding such auction. IN WITNESS WHEREOF,the Parties hereto affix our hands and seals on the dates shown in the Exhibits B attached hereto.Approved 23rd day of April, 2001. onald L.Bailey,Jr.,Mayor Attest: Mark J.Arentse,ity Administrator/Clerk ROLLCALL AYES NAYS ABSENT Nicholas Gruber Marvin Berger Mike Watts Bill Peard Wayne Johnson x X X )( EXHIBIT "A" Central Iowa Regional Drinking Water Commission Members Board of Directors for the Southeast Polk Rural Water District Board of Directors for the Wan-en Water District Board of Directors for the Xenia rural Water District Board of Supervisors for Polk County,Iowa Board of Water Works Trustees of the City of Des Moines,Iowa Board of Water Works Trustees of the City of Indianola,Iowa Board of Water Works trustees of the City of Urbandale,Iowa Board of Water Works Trustees of the City of West Des Moines,Iowa City of Altoona,Iowa City of Ankeny,Iowa City of Bondurant,Iowa City of Carlisle,Iowa City of Clive,Iowa City of Cumming,Iowa City of Johnston,Iowa City of Mitchellville,Iowa City of New Virginia,Iowa City of Norwalk,Iowa City of Panora,Iowa City of Pleasant Hill,Iowa City of Polk City,Iowa City of St.Charles,Iowa City of Waukee,Iowa City of Windsor Heights,Iowa ) I