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.
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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.
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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
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X
X
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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
)
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