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Central Iowa Water Association (CIWA) - Barrington Lakes Agreement Copyright 2014 City of Dubuque Consent Items # 10. ITEM TITLE: Central Iowa Water Association (CIWA)- Barrington Lakes Agreement SUMMARY: Assistant City Attorney providing information on the Barrington Lakes water distribution system and service related to the CIWA Settlement Agreement. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Staff Memo Staff Memo Supporting Documentation Supporting Documentation THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi MAUREEN A. QUANN, ESQ. ASSISTANT CITY ATTORNEY To: Mayor Roy D. Buol and Members of the City Council DATE: December 29, 2016 RE: Central Iowa Water Association Settlement Agreement: Barrington Lakes City staff held an informational meeting with Barrington Lakes residents Tuesday, December 27, 2016 at the 911 Training Center. Over the course of approximately two hours, staff answered questions related to the transfer of ownership between CIWA and the City, the City's water distribution system and service, and the City's utility billing practices and procedures. On Wednesday, December 28, 2016, Mike Wilson, president of the Barrington Lakes Property Owner's Association notified the City verbally and in writing that Barrington Lakes elected to receive City water. A copy of the written notification is attached for your reference. Consequently, CIWA will assign to the City its agreement, all applicable permits, licenses, easements and other documents related to Barrington Lakes. The City owns, operates, and maintains the Barrington Lakes water system immediately and will connect that system to the City's water distribution system on or before December 31, 2017. The City also owns the parcel of land within Barrington Lakes on which the 60,000 gallon reservoir sits. Two other parcels in Barrington Lakes are owned by CIWA and were set aside for potential future CIWA use. These parcels would someday have served as a back-up well site and a treatment plant site. The City will never own these parcels because connection to the City's water distribution system eliminates the long term need for a treatment plant or back-up well. However, the City will have access and permission to use the two parcels until the connection to the City water system occurs. After connection, the City will not need to access or use these sites and agrees not to do so. The City will pay CIWA $6,110,000.00 total, in the following installments: 1 . $1,110,000.00: Paid Wednesday, December 22, 2016 2. $1 ,000,000.00 plus interest on December 1, 2017 3. $1,000,000.00 plus interest on December 1, 2018 4. $1,000,000.00 plus interest on December 1, 2019 5. $1,000,000.00 plus interest on December 1, 2020 6. $1,000,000.00 plus interest on December 1, 2021 Interest accrues at 3% annually. While we do not know CIWA's cost to install improvements it made to the CIWA water systems, the City believes the value of the assets, based on City costs, exceeds the amount of the agreed upon payment. With this $6.1 million CIWA water systems purchase, the estimated value of the assets is $6.3 million. In addition to these assets, the City will gain more than 300 new water customers immediately and the ability to serve countless more in the future, enhance water quality for City residents living in the third, fourth, and other water pressure zones, and ensure fire protection and water quality throughout the Southwest Arterial and affected customer areas. MAQ:jmg Attachments cc: Barry Lindahl, Senior Counsel Crenna Brumwell, City Attorney Michael Van Milligen, City Manager Gus Psihoyos, City Engineer Todd Irwin, Engineering Technician Laura Carstens, Planning Services Manager Kyle Kritz, Associate Planner Bob Green, Water Department Manager Brant Schueller, Water Distribution Supervisor Denise Ihrig, Water Plant Manager Jenny Larson, Budget Director Alexis Steger, Senior Budget Analyst Ivan Webber, Ahlers & Cooney James Wainwright, Ahlers & Cooney 2 TO: City of Dubuque FROM: Barrington Lakes Property Owner's Association (BLPOA) Date: December 28, 2016 TO WHOM IT MAY CONCERN: With this document, the Board of Directors of the BLPOA acknowledges that a resolution to opt in to the settlement agreement between the City of Dubuque and the Iowa Regional Utilities Association, dba: Central Iowa Water Association, as relates to the control and operation of the water system resident in Barrington Lakes, was passed and approved by a vote of 7 to 0. The Board also acknowledges that the City of Dubuque owns the water system resident in Barrington Lakes and is responsible for all maintenance, repairs and upgrades to this system. 2$,Lit Michael D. Wilson Date President - BLPOA