HomeMy WebLinkAboutAmendment No.1 to 28E Agreement
AMENDMENT NO. 1 TO
AMENDED AND RESTATED AGREEMENT UNDER IOWA CODE
CHAPTER 28E BETWEEN WAVERLY COMMUNICATIONS UTILITY,
THE MUNICIPAL COMMUNICATIONS UTILITY OF THE CITY OF
CEDAR FALLS, THE COMMUNICATIONS UTILITY OF BELLEVUE,
IOWA, INDIANOLA MUNICIPAL UTILITIES, VINTON MUNICIPAL
COMMUNICATIONS UTILITY, CITY OF PELLA MUNICIPAL
TELECOMMUNICATIONS UTILITY, NEW HAMPTON MUNICIPAL
COMMUNICATIONS UTILITY, AND WATERLOO
TELECOMMUNICATIONS UTILITY PROVIDING FOR JOINT
OWNERSHIP AND USE OF CERTAIN FACILITIES AND RELATED MATTERS
STATEMENT OF PURPOSE
On or about October 11, 2023, and pursuant to Iowa Code Chapter 28E, Waverly
Communications Utility ("Waverly"), The Municipal Communications Utility of the City of
Cedar Falls, Iowa ("CFU"), the Communications Utility of Bellevue, Iowa ("CUB"), Indianola
Municipal Utilities ("IMU"), Vinton Municipal Communications Utility ("Vinton"), City of Pella
Municipal Telecommunications Utility ("Pella"), New Hampton Municipal Communications
Utility ("New Hampton"), and Waterloo Telecommunications Utility ("Waterloo"), all municipal
utilities in good standing, organized, operating and existing under Iowa Code Chapter 388,
entered into a 28E Agreement.
The Parties agree to amend the Agreement to terminate effective October 11, 2026.
AGREEMENT
In consideration of mutual promises, covenants and considerations contained herein, and
pursuant to Iowa Code Chapter 28E, the Parties agree as follows:
1. Amendment. The Agreement is hereby amended as follows:
(a) Paragraph 14 -Term of Agreement and Termination Provisions is hereby deleted and the
following language is substituted in lieu thereof: This Agreement was effective on October
11, 2023, and shall continue in effect until October 11, 2026, at which time the Agreement
shall terminate in its entirety.
(b)14A. of the Agreement is hereby deleted in its entirety.
(c)14B. of the Agreement is hereby deleted in its entirety.
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2. Miscellaneous:
(a) This Amendment No. 1 is binding and inures to the benefit of the Parties and their
respective successors and assigns.
(b) All other terms and conditions of the Agreement not modified by this Amendment remain
in full force and effect.
(c) As the governing bodies of the Parties will adopt resolutions approving Amendment No.1
to the 28E Agreement.
(d) This Amendment may be executed in two or more counterparts, each of which shall be
deemed to be original, but all of which shall constitute one and the same instrument.
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MUNICIPAL COMMUNICATIONS UTILTY OF THE CITY OF CEDAR FALLS, IOWA
__________________________________
MaraBeth Soneson, Board Chair
ATTEST:
__________________________________
Deb Iehl, Board Secretary
__________________________________
Date
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WAVERLY COMMUNICATIONS UTILITY
__________________________________
Robert Buckingham, Board Chair
ATTEST:
__________________________________
Angela Schroeder, Board Secretary
__________________________________
Date
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COMMUNICATIONS UTILITY OF BELLEVUE, IOWA
__________________________________
Teresa Weinschenk, City Administrator
ATTEST:
__________________________________
William Reistroffer, Mayor
__________________________________
Date
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INDIANOLA MUNICIPAL UTILITES
__________________________________
Dom Selgrade, Board Chair
ATTEST:
__________________________________
Monica Thompson, Board Secretary
__________________________________
Date
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VINTON MUNICIPAL COMMUNICATIONS UTILITY
__________________________________
Gerald Horst, Board Chair
ATTEST:
__________________________________
Melissa Schwan, Board Secretary
__________________________________
Date
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CITY OF PELLA TELECOMMUNICATIONS UTILITY
__________________________________
Donald DeWaard, Mayor
ATTEST:
__________________________________
Mandy Smith, City Clerk
__________________________________
Date
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NEW HAMPTON MUNICIPAL COMMUNICATIONS UTILITY
__________________________________
Grant Anderson, Board Chair
ATTEST:
__________________________________
Karen Clemens, Secretary to the Board
__________________________________
Date
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WATERLOO TELECOMMUNICATIONS UTILITY
__________________________________
Andrew Van Fleet, Board Chair
ATTEST:
__________________________________
Kelley Felchle, Secretary to the Board
__________________________________
Date
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