Memorandum of Understanding - City Water Service to Wildflower Ridge Residential Subdivision Copyrighted
J une 7, 2021
City of Dubuque Action Items #4.
City Council Meeting
ITEM TITLE: Memorandum of Understanding - City Water Service to Wildflower Ridge
Residential Subdivision
SUM MARY: City Manager recommending execution of a Memorandum of
Understanding (MOU)with Vendors Unlimited Corporation (Wildflower
Ridge residential subdivision)for the connection of Wildflower Ridge's
water distribution system to the City of Dubuque's water system; and
render it compliant with I DNR regulations and City of Dubuque
standards.
RESOLUTION Approving a Memorandum of Understanding between
the City of Dubuque and Vendors Unlimited Corporation for
improvements and connection to its water distribution system
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Wildflower Ridge Memorandum of Understanding-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
MOU Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Memorandum of Understanding - City Water Service to Wildflower Ridge
Residential Subdivision
DATE: June 3, 2021
Water Department Manager Christopher Lester and City Engineer Gus Psihoyos are
recommending execution of a Memorandum of Understanding (MOU) with Vendors
Unlimited Corporation (Wildflower Ridge residential subdivision) for the connection of
Wildflower Ridge's water distribution system to the City of Dubuque's water system; and
render it compliant with IDNR regulations and City of Dubuque standards.
The City of Dubuque was contacted by Vendors Unlimited Corporation which owns,
operates, and maintains the private water system serving Wildflower Ridge. The
Vendors Unlimited Corporation water distribution system serves 55 lots.
City of Dubuque staff and Vendors Unlimited Corporation have had several discussions
and meetings over the last few years, which have resulted in the preparation of an MOU
between the City of Dubuque and Vendors Unlimited Corporation. The following is a
summary of the details of the MOU:
• The City of Dubuque will extend its existing water main from its current terminus
on John F. Kennedy Road at the intersection of Forest Glen Court to Daisy Trail
on or before December 31, 2021.
• Vendors Unlimited Corporation will abandon all wells within Wildflower Ridge at
Vendors Unlimited Corporation's expense.
• Once the City's water distribution and Wildflower Ridge's System are connected,
the City will own, operate, and maintain the public portions of the water main
distribution system within Wildflower Ridge.
• The City will be responsible and will pay for all necessary public water main
repairs after the Wildflower Ridge system is connected and becomes part of the
City's water distribution system. The City will install a year-round automatic
flushing device with water testing and sampling capability at the City's cost in
Wildflower Ridge to help maintain water quality.
• Vendors Unlimited Corporation will grant and dedicate to the City or will acquire
from adjacent private property owners on behalf of the City, all water main
easements necessary for the City to own, maintain, or repair all public water
mains and fixtures in Wildflower Ridge System.
• Individual property owners within Wildflower Ridge must install a City-furnished
water meter.
• The City will install a Meter Interface Unit (MIU), and the individual property
owners are to pay for the installation.
• The City will provide one individual water meter up to 1-inch in diameter service
line for each property.
• To meet State requirements for water pressure in building structures, a pressure
reducing valve (PRV) station is necessary for the subdivision. The City will
install, at the City's expense, the PRV station in the right of way near the
entrance of the subdivision.
• Vendors Unlimited Corporation will install, at Vendors Unlimited Corporation's
expense, a water main from the proposed City water main on John F. Kennedy
Road to the water main in the Wildflower Ridge System. Vendors Unlimited
Corporation will perform this work on or before December 31, 2021, which will be
coordinated with the City's water main extension efforts.
• Vendors Unlimited Corporation owns 11 parcels within Wildflower Ridge. Ten of
those parcels are in unincorporated Dubuque County. Vendors Unlimited
Corporation will execute pre-annexation documents obligating these 10 parcels if
the City chooses to annex these parcels at some future date.
• Any other parcels in the subdivision will pay 1.5 times the City water rate unless
they also sign a pre-annexation agreement entitling them to pay the same rate as
City residents.
• The City of Dubuque FY21 budget includes a Capital Improvement of $307,500
and FY22 budget includes a Capital Improvement of$775,000 that will fund the
estimated cost of $1,082,500 for the water main extension.
• This water main has the capacity to provide water service to properties along
John F. Kennedy Road and those that sign pre-annexation agreements can
access the City water main.
The area served by the Vendors Unlimited Corporation Water System includes
Wildflower Ridge Subdivision. The MOU specifically addresses how the systems will be
connected and billing procedures after connection. Also, Vendors Unlimited
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Corporation will install in Wildflower Ridge, City approved water meters and all
necessary meter interfacing units.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
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Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Christopher Lester, Water Department Manager
Gus Psihoyos, City Engineer
3
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Christopher Lester, Water Department Manager
Gus Psihoyos, City Engineer
DATE: June 2, 2021
RE: Memorandum of Understanding — City Water Service to Wildflower Ridge
Residential Subdivision
INTRODUCTION
The enclosed resolution authorizes the Mayor to execute a Memorandum of
Understanding (MOU) with Vendors Unlimited Corporation (Wildflower Ridge) for the
connection of Wildflower Ridge's water distribution system to the City of Dubuque's
water system; and render it compliant with IDNR regulations and City of Dubuque
standards.
BACKGROUND
The City of Dubuque was contacted by Vendors Unlimited Corporation which owns,
operates, and maintains the private water system serving Wildflower Ridge. The
Vendors Unlimited Corporation water distribution system serves fifty-five (55) lots.
DISCUSSION
City of Dubuque staff and Vendors Unlimited Corporation have had several discussions
and meetings over the last few years, which have resulted in the preparation of an MOU
between the City of Dubuque and Vendors Unlimited Corporation. The following is a
summary of the details of the MOU, terms, conditions, and responsibilities:
• The City of Dubuque will extend its existing water main from its current terminus
on John F. Kennedy Road at the intersection of Forest Glen Court to Daisy Trail
on or before December 31, 2021, barring any delays or circumstances beyond
the City's control.
• As Vendors Unlimited Corporation connects the Wildflower Ridge System to the
City's water distribution system, Vendors Unlimited Corporation will also
simultaneously disconnect from the wells within the Wildflower Ridge System.
• Vendors Unlimited Corporation will abandon all wells within Wildflower Ridge at
Vendors Unlimited Corporation's expense in accordance with all local, state, and
federal standards, including but not limited to IDNR standards.
• Once the City's water distribution and Wildflower Ridge's System are connected,
the City will own, operate, and maintain the public portions of the water main
distribution system within Wildflower Ridge. Service lines including the tapping
saddle and corporation valve from the water main to the individual water meters
will remain the property owner's private property before, during, and after
connection to the City's water distribution system. Repair, maintenance, or any
other work related to the property owner's private property are the property
owner's responsibility.
• The City will be responsible and will pay for all necessary public water main
repairs after the Wildflower Ridge system is connected and becomes part of the
City's water distribution system. The City will install a year-round automatic
flushing device with water testing and sampling capability at the City's cost in
Wildflower Ridge to help maintain water quality.
• Vendors Unlimited Corporation will grant and dedicate to the City or will acquire
from adjacent private property owners on behalf of the City, all water main
easements necessary for the City to own, maintain, or repair all public water
mains and fixtures in Wildflower Ridge System.
• Individual property owners within Wildflower Ridge must install a City-furnished
water meter and any related appurtenances or component parts in their property.
The individual property owners will obtain a licensed plumber to install the
individual water meters at the individual property owners' expense.
• The City will install an Meter Interface Unit (MIU), and the individual property
owners are to pay for the installation.
• The City will provide one individual water meter up to 1-inch in diameter service
line for each property that currently receives water at the time the Wildflower
Ridge System is connected to the City's water distribution system.
• To meet State requirements for water pressure in building structures, a pressure
reducing valve (PRV) station is necessary for the subdivision. The City will
install, at the City's expense, the PRV station in the right of way near the
entrance of the subdivision. If temporary easements are needed for installation
or permanent easements are needed to maintenance, the Vendors Unlimited
Corporation will obtain the easements for the City at no cost to the City.
• Vendors Unlimited Corporation will install, at Vendors Unlimited Corporation's
expense, a water main from the proposed City water main on John F. Kennedy
Road to the water main in the Wildflower Ridge System. Vendors Unlimited
Corporation will perform this work on or before December 31, 2021, which will be
coordinated with the City's water main extension efforts.
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• Vendors Unlimited Corporation owns eleven (11) parcels within Wildflower Ridge.
Ten (10) of those parcels are in unincorporated Dubuque County. Vendors
Unlimited Corporation will execute pre-annexation documents obligating these
ten (10) parcels if the City chooses to annex these parcels at some future date.
• Any other parcels in the subdivision will pay 1.5 times the City water rate unless
they also sign a pre-annexation agreement entitling them to pay the same rate as
City residents.
• The City of Dubuque FY21 budget includes a Capital Improvement of $307,500
and FY22 budget includes a Capital Improvement of $775,000 that will fund the
estimated cost of $1,082,500 for the water main extension.
• This water main has the capacity to provide water service to properties along
John F. Kennedy Road that sign pre-annexation agreements can access the City
water main.
The area served by the Vendors Unlimited Corporation Water System includes
Wildflower Ridge Subdivision. The MOU specifically addresses how the systems will be
connected and billing procedures after connection. Also, Vendors Unlimited Corporation
will install in Wildflower Ridge, City approved water meters and all necessary meter
interFacing units.
RECOMMENDATION
We recommend that the City Council adopt the enclosed resolution and authorize the
Mayor to sign the Memorandum of Understanding between the City of Dubuque and
Vendors Unlimited Corporation.
ACTION TO BE TAKEN
We respectfully request that the City Council adopt the attached resolution and
authorize the Mayor to execute the Memorandum of Understanding with Vendors
Unlimited Corporation for the connection of its water distribution system to the City of
Dubuque Water System; and to make the system compliant with the IDNR and City
standards and to dedicate the system to the City as detailed in the attached MOU.
cc: Maureen Quann, Assistant City Attorney
Jennifer Larson, Director of Budget & Finance
Wally Wernimont, City Planner
3
Prepared by Christopher Lester City of Dubuque Water Department 1902 Hawthorne St. Dubuque Iowa 52001 (563)589-4291
Return to Adrienne N. Breitfelder City of Dubuque City Clerk 50 W 13th St Dubuque, Iowa 52001 (563)589-4100
RESOLUTION NO. 197-21
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DUBUQUE AND VENDORS UNLIMITED CORPORATION FOR
IMPROVEMENTS AND CONNECTION TO ITS WATER DISTRIBUTION SYSTEM
WHEREAS, Vendors Unlimited Corporation owns a private water distribution
system that serves areas in and outside the corporate City limits of Dubuque; and
WHEREAS, Vendors Unlimited Corporation wishes to make necessary
improvements to its water distribution system to make the system compliant with Iowa
Department of Natural Resources requirements and City of Dubuque standards; and
WHEREAS, the City of Dubuque owns and operates, and maintains the City of
Dubuque water distribution system that serves over 23,000 customers located both in
and outside the corporate limits of the City; and
WHEREAS, after completion- of improvements to the Wildflower Ridge water
distribution system, when its water system components are deemed compliant with both
Iowa Department of Natural Resource requirements and City of Dubuque standards,
Vendors Unlimited Corporation wishes to dedicate the water distribution system to the
City of Dubuque for operation as part of the City of Dubuque's water distribution system;
and
WHEREAS, the City of Dubuque will complete improvements to its distribution
system and extend water main to Wildflower Ridge; and
WHEREAS, Vendors Unlimited Corporation's water distribution system will be
connected to the City of Dubuque's water distribution system. Customers served by the
existing Vendors Unlimited Corporation system will be served by the City of Dubuque's
water distribution system after connection; and
WHEREAS, the City desires to accept the Vendors Unlimited Corporation system
after the system meets Iowa Department of Natural Resources requirements and City of
Dubuque standards and will serve customers located within the system.
WHEREAS, the City of Dubuque and Vendors Unlimited Corporation wish to enter
into a Memorandum of Understanding for the improvements to the water distribution
system to the City of Dubuque, and for the transfer of water service from Vendors
Unlimited Corporation to the City of Dubuque; and
WHEREAS, the City Council of the City of Dubuque, Iowa finds that it is in the best
interests of the City to approve this Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The Memorandum of Understanding attached is approved on behalf
of the City of Dubuque. The Mayor and City Clerk are authorized to execute the
Memorandum of Understanding.
Section 2. The City Manager, City Attorney, and the City's legal counsel are
hereby authorized to take all necessary actions to execute this Memorandum of
Understanding.
Section 3. The City Clerk is hereby authorized and directed to record this
Resolution with the Dubuque County Recorder.
Passed, approved and adopted this 7th day of June, 2021
Roy D.fuol, Mayor
Attest:
a4�0,4u- /V A44a&,-
Adrienne N. Brietfelder, City Clerk
Doc ID: 010754600015 Type: GEN
Kind: MISCELLANEOUS
Recorded: 06/09/2021 at 01:15:25 PM
Fee Amt: $77.00 Paqe 1 of 15
Dubuque County Iowa
John Murphy Recorder
File2021-00009451
RECORDER'S COVER SHEET
FOR
MEMORANDUM OF UNDERSTANDING AND RESOLUTION
VENDORS UNLIMITED CORPORATION
Preparer Information:
Maureen Quann, Assistant City Attorney
300 Main St., Ste. 330
Dubuque IA 52001-6944
563-589-4113
Taxpayer Information: NIA
Return Document To:
Adrienne N. Breitfelder, City Clerk
50 W. 13th Street
Dubuque, IA 52001
563-589-4100
Legal Description: N/A
Grantors:
Grantees:
City of Dubuque
Vendors Unlimited Corporation
50 W. 13th Street
10537 RT 52 N
Dubuque, IA 52001
Dubuque, IA 52001
Previously Recorded Document(s): N/A
'1.100
® City Clerk
05102021
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
VENDORS UNLIMITED CORPORATION
This Memorandum of Understanding (MOU) is made between the City of Dubuque,
Iowa (City), Vendors Unlimited Corporation, an Iowa corporation, (hereinafter Owner)
as follows:
WHEREAS, Owner is the owner and developer of a subdivision known as
Wildflower Ridge Subdivision, Wildflower Ridge Subdivision #2, and Wildflower
Ridge Subdivision #3 (collectively Wildflower Ridge) located outside City limits; and
WHEREAS, Wildflower Ridge is comprised of fifty-five (55) lots, fifty-four (54)
of which are in unincorporated Dubuque County, and one of which is in Sageville,
Iowa; and
WHEREAS, Wildflower Ridge obtains its water from a well and water
distribution system owned, operated, and maintained by Vendors Unlimited
Corporation (Wildflower Ridge System), and that Wildflower Ridge System provides
water to each individual home in the subdivision; and
WHEREAS, City has an existing water main on John F. Kennedy Road,
relatively near the Wildflower Ridge; and
WHEREAS, the City owns, operates, and maintains the City water distribution
system that serves over 23,000 customers located both in and outside the corporate
limits of the City; and
WHEREAS, with an extension of the John F. Kennedy Road water main, City of
Dubuque water would be available to provide City water to Wildflower; and
WHEREAS, Wildflower Ridge wishes to receive water supply from the City's
water distribution system, and the City wishes to supply such water.
THEREFORE, in consideration of the promises, covenants, and agreements of the
parties in this MOU, the parties agree as follows:
SECTION 1. PURPOSES AND OBJECTIVES. The purpose and objectives of this
MOU are to establish and outline Wildflower Ridge's desire to connect the Wildflower
Ridge System to and receive water supply from the City's water distribution system, and
the City's desire to provide water to Wildflower Ridge after improvements render it
compliant with IDNR requirements and City standards. If any improvements must be
made to comply with IDNR requirements, Owners will make the necessary improvements
prior to connection to the City's water distribution system.
05102021
SECTION 2. COMPLIANCE WITH LAWS AND REGULATIONS. Wildflower Ridge
and the City will comply with all applicable local, state, and federal regulations, including
but not limited to the City of Dubuque Code of Ordinances, Iowa Code, rules and
regulations imposed by the Iowa Department of Natural Resources (IDNR), SUDAS
standards, Iowa Department of Transportation regulations, and the Consent Decree
during the performance of each parties' respective obligations under this MOU and in any
agreements arising out of this MOU.
SECTION 3. CITY'S OBLIGATIONS AND RESPONSIBILITIES.
3.1 City will extend its existing City water main from its current terminus on John F.
Kennedy Road at the intersection of Forest Glen Court to Wildflower Ridge along the path
and at the location shown on Exhibit A.
3.2 City will pay for all costs related to the installation and extension of the City water
main from its existing terminus on John F. Kennedy Road to Wildflower Ridge (as shown
in Exhibit A), including but not limited to design, engineering, inspection, parts, and labor.
3.3 City will complete the water main extension shown in Exhibit A on or before
December 31, 2021 barring any delays or circumstances beyond the City's control.
3.4 City's existing water main on John F. Kennedy Road is public, and the extension
thereof will be public as well. Once the City's water distribution and Wildflower Ridge's
System are connected, the City will own, operate, and maintain the public portions of the
water main distribution system within Wildflower Ridge. Service lines including the
tapping saddle and corporation valve from the water main to the individual water meters
will remain the property owners' private property before, during, and after connection to
the City's water distribution system. Repair, maintenance, or any other work related to
the property owners' private property are the property owners' responsibility.
3.5 City will be responsible and will pay for all necessary public water main repairs
after the Wildflower Ridge system is connected and becomes part of the City's water
distribution system.
City will install a year-round automatic flushing device with water testing and sampling
capability at the City's cost in the Wildflower Ridge Subdivision to help maintain water
quality. To do this, the Owner will grant the City temporary and permanent easements to
install, operate, and maintain the equipment that will be located at a mutually agreed upon
location. The location must be near a storm sewer or drainage area where water from
the automatic flusher will discharge. Owner will grant the City a permanent easement for
electrical service and maintenance associated with the automatic flusher. The City will
be responsible for the installation of electrical service to the automatic flusher.
SECTION 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES.
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4.1 Owner owns eleven (11) parcels within Wildflower Ridge. Ten (10) of those
parcels are in unincorporated Dubuque County and are highlighted with yellow stripes on
the map of Wildflower Ridge attached as Exhibit B. Owner will execute pre -annexation
documents obligating these ten (10) parcels if the City chooses to annex these parcels at
some future date. The remaining parcel owned by Owner is in Sageville, Iowa and is
highlighted with yellow cross -hatch marks in Exhibit B. Pre -annexation documents are
not required for the Sageville, Iowa parcel.
4.2 Owner will provide City with all records, maps, plans, CAD files, sketches, and
other details, including shop drawings, related to the design, installation, and
maintenance of the Wildflower Ridge System. Owner must provide proof of mainline
valve and water main type, size, make and class for each development phase in the
Wildflower Ridge Subdivision. If Owner wishes to retain original records, Owner may
provide City with copies of such records. If City's review of these documents determines
improvements must be made, Owner must make these improvements before connection
to the City's water distribution system. If Owner chooses not to make improvements due
to cost of any other reason, Owner may terminate this MOU without penalty. Owner must
tell City whether any necessary improvements must be made before City completes its
water main extension shown in Exhibit A.
4.3 Owner will grant and dedicate to City or will acquire from adjacent private property
owners on behalf of City, all water main easements necessary for the City to own,
maintain, or repair all public water mains and fixtures in Wildflower Ridge System. Prior
to such dedication and acceptance, the City will inspect the Wildflower Ridge System to
ensure the Wildflower Ridge System meets all applicable standards and specifications
City standards, and IDNR standards, and that all component parts and fixtures of the
public portion of the Wildflower Ridge System are in good working order.
4.4 Individual property owners within Wildflower Ridge, including Owner, will continue
to own and maintain the private water service lines, including the tapping saddle and
corporation valve, running from the public water mains to their homes and structures, up
to, including, and after dedication of the public water mains to the City. If a private water
service line develops a leak, the individual property owner is responsible for repairing the
leak or any other break, damage, or defect, at his, her, or its costs and in a timely manner.
Individual property owners, including Owners, will maintain and repair when necessary
the entire service back to the main, including the saddle or tapping connection on the
main
4.5 Installation of Water Meters, Meter Interface Units (MIU), Accessories, and
Component Parts.
A. Individual property owners within Wildflower Ridge must install a City -
furnished water meter and any related appurtenances or component parts in their
property. The individual property owners will obtain a licensed plumber to install
the individual water meters at the individual property owners' expense. Individual
property owners must install the meters. The individual property owners must
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contact and schedule with an Iowa licensed plumber the installation of the meter
and accessories within the time frame set by the City. The City will provide one
(1) individual water meter per each separate service line up to 1-inch in diameter
at the City's expense for every property that currently receives water from the
Wildflower Ridge System at the time of connection to the City's water distribution
system.
B. The City will install an MIU, and the individual property owners will pay for
this installation. The individual property owners will coordinate installation of the
MIU with the City, ideally at the same time as the meter installation. The MIU and
its component parts are to be installed on and through an exterior wall of the
structure, and such installation will be paid for by the individual property owners.
C. Owners will assist City in communicating this installation requirement and
the cost responsibilities thereof to individual property owners.
D. The City will provide one individual water meter up to 1 inch in diameter
service line for each property that currently receives water from the Wildflower
Ridge System at the time the Wildflower Ridge System is connected to the City's
water distribution system. For any properties that need more than one water meter
and component parts, the property owners will be financially responsible for
additional water meters, MIUs, and component parts. For any properties that are
not receiving water from the Wildflower Ridge System when it is connected to the
City's water distribution system but want to receive water at a future date, the
property owner will be financially responsible for these future water meters, MIUs,
and component parts. For the additional or future water service described in this
subsection 4.5(C), the property owner will obtain an Iowa licensed plumber to
install all necessary meters, MIUs, and component parts required and will
coordinate such installation with the City.
4.6 To meet state requirements for water pressure in building structures, a pressure
reducing valve (PRV) station is necessary for the subdivision. The City will install, at the
City's expense, the PRV station in the right of way near the entrance of the subdivision.
If temporary easements are needed for installation or permanent easements are needed
to maintenance, the Owner will obtain the easements for the City at no cost to the City.
4.7 Owner will install, at Owner's expense, a water main from the proposed City water
main on John F. Kennedy Road to the water main in the Wildflower Ridge System as
shown in Exhibit A. Owner's water main extension must be an 8-inch main and must be
installed in accordance with the City's SUDAS standards and specifications, IDNR
standards and specifications, and any other applicable standards and specifications.
Owner will perform this work on or before December 31, 2021.
City will provide Tee and Valve for the connection point on John F. Kennedy Road. Owner
will install, at Owner's expense, an 8-inch water main from the City's valve on John F.
Kennedy Road to the City's PRV station in the right of way near the entrance of the
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subdivision and connect to Owner's current 6-inch diameter Wildflower Ridge System at
Daisy Trail. Owner or Owner's contractor will coordinate with the City to complete the
Owner's water main work concurrently with the City's work.
4.8 Owner and City will jointly hold an informational meeting for individual property
owners to share information about the transfer of water service, billing mechanisms,
meter installation, and other relevant topics. Owner will provide or recommend a venue
at which this informational meeting can occur. Owner will also provide notice to all
individual property owners that water service will be transferred to City and notice of the
date, time, and location of the informational meeting. City may provide duplicate
notification or joint notification.
4.9 As Owner connects the Wildflower Ridge System to the City's water distribution
system as described in Section 4.7 above, Owner will also simultaneously disconnect
from the wells within the Wildflower Ridge System. Owner will abandon all wells within
Wildflower Ridge at Owner's expense in accordance with all local, state, and federal
standards, including but not limited to IDNR standards. Owner must abandon wells within
ninety (90) days of connection of the Owner's water main extension from Wildflower Ridge
to the City's water main extension on John F. Kennedy Road as shown in Exhibit A.
Owner will submit a signed copy of the Iowa Department of Natural Resources Abandon
Water Well Plugging Record (form 542-1226, current version) to the City at the same time
Owner submits the form to the Iowa Department of Natural Resources.
4.10 Owner will pay to the City a water connection fee in the estimated amount of
$8,211.00 for its connection to the City's water distribution system. This connection fee
is calculated based on the Wildflower Ridge front footage abutting John F. Kennedy Road
(293.25 feet x $28.00 per foot = $8,211.00).
SECTION 5. WATER RATES.
5.1 For the ten (10) parcels owned by Owner and obligated by pre -annexation
documents, Owner will be billed at the regular rate charged to City water users within the
City limits. These ten (10) parcels are shown on Exhibit B and have the following property
identification numbers:
a.
1003451009
b.
1003455001
C.
1003477002
d.
1003477003
e.
1003477004
f.
1003477005
g.
1003476006
h.
1003476003
i.
1003455008
j.
1003401026
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5.2 For the one parcel owned by Owner but located within Sageville city limits, Owner,
pursuant to City Code section 13-1 C-1(B), will pay 1.5 times the regular rate charged to
City water users within the City limits. This parcel is shown on exhibit B and bears the
property identification number 1003401025.
5.3 For the remaining parcels owned by individual property owners other than Owner,
individual property owners, pursuant to City Code section 13-1 C-1(13), will pay 1.5 times
the regular rate charged to City water users within the City limits. However, if individual
property owners choose to execute pre -annexation documents for their parcels, they will
be charged the regular rate charged to City residents.
SECTION 6. AMENDMENTS. This MOU may not be amended or modified without the
consent of the City and Owner. Such consent must be evidenced by a written instrument
executed by all parties.
SECTION 7. ASSIGNMENTS. This MOU may not be assigned without the written
consent of the non -assigning party or parties.
SECTION 8. CAPTIONS. The captions in this MOU are included for convenience of
reference and do not define, delimit, or otherwise effect the construction or effect of the
provisions contained herein.
SECTION 9. FORCE MAJEURE. If either Owner or City are delayed, hindered, or
prevented from the performance of any obligation required under this MOU by reason of
strikes, lock -outs, labor troubles, inability to procure materials, failure of power, riots, civil
disturbances, picketing demonstrations, war, litigation, condemnation hearings, other
similar reasons, or an act of God not the fault of the delayed party, then performance of
such act will be extended for a period equivalent to the period of such delay.
SECTION 10. SEVERABILITY. If any provision of this MOU is held invalid, such
invalidity will not affect any other provision of this MOU that can be given effect without
the invalid provision. The provisions contained in this MOU are severable.
SECTION 11. BINDING EFFECT. This MOU binds and inures to the benefit of the City
and Owner and their respective heirs, successors, and permitted assigns.
SECTION 12. NOTICES. Notices or consents of any kind under this MOU must be in
writing and will be deemed received if delivered in person or if mailed by certified mail to
the appropriate party as follows:
If to the City: Mike Van Milligen
City Manager
50 West 13th Street
Dubuque, Iowa 52001
If to Owner: Eric J. Gantz and Michael C. Gantz
05102021
10537 Route 3
Dubuque, Iowa 52001
SECTION 13. APPLICABLE LAW. This MOU is governed by the laws of the state of
Iowa.
SECTION 14. COUNTERPARTS. This MOU may be executed in any number of
counterparts. All counterparts taken together will constitute one and the same MOU.
SECTION 15. EFFECTIVE DATE AND SIGNATURE.
15.1 Execution of this MOU formally evidences that the parties have reviewed and
acceptthis MOU. Execution of this MOU by the City is subject to City Council Approval.
15.2 This MOU is approved and is effective upon the date of the last signature below.
VENDORS UNLIMITED CORPORATION CITY OF DUBUQUE, IOWA
By:—���i/` By: f
Eric J. Gantz Roy D. Buol ayc
By: C Attest:
M i c KaAl C. G n
By: o�z-mz //7. 404�
Adrienne Breitfelder, City Clerk
On this 13 day of , 2021, before me, a Notary Public in and for said state
personally appeared Eric ."Gantz, on behalf of Vendors Unlimited Corporation, known to
me to be the person(s) named in and who executed the foregoing instrument, and
acknowledge that they executed the same as their voluntary act and deed.
••y •, CO04 A. It. COPE�AM�40-2
t CommluIs�aa a
lo� Numb* 1l�1 Notary Public in the State of Iow
:,. IirC°mmlulonE��lr� Y p
M Commission expires 7'--/3— aQa wJ
On this 13 day of , 2021, before me, a Notary Public in and for said state
personally appeared Mich el C. Gantz, on behalf of Vendors Unlimited Corporation,
known to me to be the person(s) named in and who executed the foregoing instrument,
and acknowledge that they executed the same as their voluntary act and deed.
7
05102021
4�wy1 CAAOI A. Y. COP�LAND
t CommiiNon M4mb�r 1 1 %, ��.�n11
,,. My Commlulon EiOItN lam. Y
Notary Public in the State of Iowa
My Commission expires 7` ,/3 - aA-
da y of , 2021, before me, a Notary Public in and for sai ate
persona eared Mayo Roy D. Buol and City Clerk Adrienne Breitfe nown to
me to be the per named in and who executed the fore g instrument, and
acknowledge that they exec the same as their voluntapt act and deed.
w v w - / • a • �---��
ECA—NotaPublic in ate of Iowa
�OL A. I ANo ry1'- _ on Number 1521 My Commission expires /3 '" �0 ��mmlaslon EXPIM ? OLZ
On this day of Jcv , 2021, before me, a Notary Public
in and for said state personally appeared Mayor Roy D. Buol
and City Clerk Adrienne Breitfelder, known to me to be the
person(s) named in and who executed the foregoing
instrument, and acknowledge that they executed the same as
their voluntary act and deed.
� ASUN
Commission Number71M6
my Commission Expires
la•i3•a3
Notary Public in the
State of Iowa
My Commission expires
05102021
EXHIBIT A
WATER MAIN EXTENSION FROM JOHN F. KENNEDY ROAD TERMINUS AND
EXTENSION FROM WILDFLOWER RIDGE SUBDIVISION TO CITY WATER MAIN
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EXHIBIT B
WILDFLOWER RIDGE SUBDIVISION
Wildflower Ridge
Vendors Unlimited
Vendors Unlimited (Sageville)
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Prepared by Christopher Lester City of Dubuaue Water Department 1902 Hawthorne St. Dubuaue, Iowa 52001 (563)589-4291
Return to Adrienne N. Breitfelder City of Dubuque City Clerk 50 W 13th St Dubuque, Iowa 52001 (563)589-4100
RESOLUTION NO. 197-21
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DUBUQUE AND VENDORS UNLIMITED CORPORATION FOR
IMPROVEMENTS AND CONNECTION TO ITS WATER DISTRIBUTION SYSTEM
WHEREAS, Vendors Unlimited Corporation owns a private water distribution
system that serves areas in and outside the corporate City limits of Dubuque; and
WHEREAS, Vendors Unlimited Corporation wishes to make necessary
improvements to its water distribution system to make the system compliant with Iowa
Department of Natural Resources requirements and City of Dubuque standards; and
WHEREAS, the City of Dubuque owns and operates, and maintains the City of
Dubuque water distribution system that serves over 23,000 customers located both in
and outside the corporate limits of the City; and
WHEREAS, after completion - of improvements to the Wildflower Ridge water
distribution system, when its water system components are deemed compliant with both
Iowa Department of Natural Resource requirements and City of Dubuque standards,
Vendors Unlimited Corporation wishes to dedicate the water distribution system to the
City of Dubuque for operation as part of the City of Dubuque's water distribution system;
and
WHEREAS, the City of Dubuque will complete improvements to its distribution
system and extend water main to Wildflower Ridge; and
WHEREAS, Vendors Unlimited Corporation's water distribution system will be
connected to the City of Dubuque's water distribution system. Customers served by the
existing Vendors Unlimited Corporation system will be served by the City of Dubuque's
water distribution system after connection; and
WHEREAS, the City desires to accept the Vendors Unlimited Corporation system
after the system meets Iowa Department of Natural Resources requirements and City of
Dubuque standards and will serve customers located within the system.
WHEREAS, the City of Dubuque and Vendors Unlimited Corporation wish to enter
into a Memorandum of Understanding for the improvements to the water distribution
system to the City of Dubuque, and for the transfer of water service from Vendors
Unlimited Corporation to the City of Dubuque; and
WHEREAS, the City Council of the City of Dubuque, Iowa finds that it is in the best
interests of the City to approve this Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The Memorandum of Understanding attached is approved on behalf
of the City of Dubuque. The Mayor and City Clerk are authorized to execute the
Memorandum of Understanding.
Section 2. The City Manager, City Attorney, and the City's legal counsel are
hereby authorized to take all necessary actions to execute this Memorandum of
Understanding.
Section 3. The City Clerk is hereby authorized and directed to record this
Resolution with the Dubuque County Recorder.
Passed, approved and adopted this 7th day of June, 2021
Roy Dfuol, Mayor
Attest:
a7/Z,�� /-2 Ae4d&-Z
Adrienne N. Brietfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of
the City Council. I do further state that the hereto attached Resolution No. 197-21 is a
true and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 8th day of June, 2021.
V(SE g)
Adrienne N. Breitfelder, City Clerk