Memorandum of Understanding — City Water Service to Briarwood Residential Subdivision Copyrighted
June 6, 2022
City of Dubuque Consent Items # 012.
City Council Meeting
ITEM TITLE: Memorandum of Understanding — City Water Service to Briarwood
Residential Subdivision
SUMMARY: City Manager recommending City Council adopt a resolution authorizing
the Mayor to execute the Memorandum of Understanding Briarwood
Homeowners Association for the connection of its water distribution
system to the City of Dubuque Water System as detailed in the MOU.
RESOLUTION Approving a Memorandum of Understanding between
the City of Dubuque and Briarwood Homeowners Association for
improvements and connection to its water distribution system
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
City Water Service to Briarwood Residential City Manager Memo
Subdivision-MVM Memo
Briarwood MOU - Staff Memo Staff Memo
Resolution Resolutions
Briarwood MOU Supporting Documentation
Dubuque
THE CITY OF
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DUB E ,
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Masterpiece on the Mississippi 2017*20 9
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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 Briarwood
Residential Subdivision
DATE: June 1 , 2022
Water Department Manager Christopher Lester is recommending City Council adopt a
resolution authorizing the Mayor to execute the Memorandum of Understanding
Briarwood Homeowners Association for the connection of its water distribution system
to the City of Dubuque Water System as detailed in the MOU.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
GV�tMi2ith
l C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Christopher Lester, Water Department Manager
Dubuque
THE CITY OF ketzl
AII•Ameriea City
DUB E NAM/MI l20 IJ
11111 ,
2007.2012.-2013
Masterpiece on the Mississippi 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Christopher Lester, Water Department Manager
DATE: May 23, 2022
RE: Memorandum of Understanding — City Water Service to Briarwood
Residential Subdivision
INTRODUCTION
The enclosed resolution authorizes the Mayor to execute a Memorandum of
Understanding (MOU) with Briarwood Homeowners Association (Briarwood) for the
connection of Briarwood's water distribution system to the City of Dubuque's water
system.
BACKGROUND
The City of Dubuque was contacted by Briarwood Homeowners Association which
owns, operates, and maintains the private water system serving Briarwood residential
subdivision. The Briarwood subdivision water distribution system serves twenty-eight
(28) lots.
DISCUSSION
City of Dubuque staff and Briarwood Homeowners Association have had several
discussions and meetings over several years, which have resulted in the preparation of
an MOU between the City of Dubuque and Briarwood Homeowners Association. The
following is a summary of the details of the MOU, terms, conditions, and responsibilities:
• City will extend a water main from the public water main located on White Oak
Drive to a mutually agreed upon location near or in the Briarwood well house
where a master meter will be located.
• City will pay for and install Briarwood's water connection to the public water main
and Briarwood's service line and valve to the master meter, providing the
connection point is located within twenty-feet of the well house. If the Briarwood
service line connection to the public main is beyond twenty-feet from the well
house, then Briarwood shall pay for the cost and installation of the service line
and valve to the master meter in the well house.
• Briarwood will obtain for the City any temporary construction easements and
permanent easements necessary to extend this water main, connect to the water
main, and install the fire hydrant, and any permanent easements necessary for
the access to or maintenance of this public portion of the water main, the well
and well house, the fire hydrant, and any other obligations of City under this
MOU. These easements will be obtained at no cost of expense to City.
• City will pay for the design, permit(s), and installation of a master meter, backflow
preventer and necessary appurtenances in the well house within 360 days of
Briarwood's request for such installation.
• Briarwood will obtain for City any temporary easements that are necessary for
installation of the master meter and any permanent easements necessary for
City to access the master meter when necessary.
• City will also pay for and install a pressure reducing valve (PRV) in the Briarwood
Subdivision's existing well house to adjust for the new water pressure because of
the connection to City's water distribution system.
• Briarwood will obtain, at no cost to City, any additional easements City needs
related to the PRV.
• Briarwood will pay for and City will install a meter interface unit (MIU) at the well
house.
• Briarwood will obtain, maintain, and pay for electrical utility service to the well
house.
• After testing of Briarwood's private water distribution system to confirm readiness
for connection, City, at City's expense, will sever the water main piping
connection between the two water systems and abandon the Briarwood well
according to Iowa Department of Natural Resources (IDNR) standards.
• Briarwood will be a bulk water customer of City and will receive one bill for water
usage as monitored and calculated by the master meter.
• If at some future date, Briarwood wishes to upgrade its private water system to
meet City standards and dedicate it to the City, the City will take ownership of the
Briarwood System once those upgrades are made. If the City, pursuant to
Briarwood's possible future wish, takes ownership of the Briarwood upgraded
system, Briarwood individual property owners will install City water meters and
any related appurtenances or component parts at their expense. City will provide
one City water meter up to 1" per service line at City's expense. City will supply
and install an MIU at each individual property owner's property at the property
owner's expense.
2
• Briarwood will own, maintain, repair, and replace all infrastructure within the
Briarwood Subdivision and its private water distribution system. This water
distribution system will not be dedicated to or accepted by City.
• Briarwood will pay to City a water connection fee in the estimated amount of
$37,176.16 for its connection to City's water distribution system.
• Briarwood will retain ownership of and maintain the water distribution portions of
the Briarwood System within the footprint of the Briarwood subdivision, including
but not limited to the pipes distributing water throughout the Briarwood
subdivision, the water connection at City's public water main including the
identified private valve and private service line to the well house, the well house,
and all appurtenances.
• The Briarwood System running through and within the Briarwood subdivision will
not be dedicated to or accepted by City but will remain a private water distribution
system through the Briarwood subdivision and will be owned, operated, and
maintained by Briarwood.
The area served by the Briarwood Homeowners Association includes Briarwood
Subdivision. The MOU specifically addresses how the systems will be connected and
billing procedures after connection.
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
Briarwood Homeowners Association.
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 Briarwood
Homeowners Association for the connection of its water distribution system to the City
of Dubuque Water System as detailed in the attached MOU.
cc: Barry Lindahl, Senior Counsel
Jennifer Larson, Director of Budget & Finance
Wally Wernimont, City Planner
3
Doc ID: 010970200015 Type: GEN
Kind: RESOLUTION
Recorded: 06/09/2022 at 02:41:29 PM
Fee Amt: $77.00 Paqe 1 of 15
Dubuque County Iowa
John Murphy Recorder
File2022-00007267
Prepared by: Christopher Lester, Water Department Manager, 901 Hawthorn St., Dubuque IA 52001 (563) 589-4290
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 212-22
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DUBUQUE AND BRIARWOOD HOMEOWNERS ASSOCIATION FOR
IMPROVEMENTS AND CONNECTION TO ITS WATER DISTRIBUTION SYSTEM
WHEREAS, Briarwood Homeowners Association owns a private water distribution
system that serves an area outside the corporate City limits of Dubuque; and
WHEREAS, Briarwood Homeowners Association wishes to connect to the City of
Dubuque's Water Distribution System; 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, the City of Dubuque will complete the improvements to extend water
main and connect to the Briarwood Subdivision; and
WHEREAS, Briarwood Homeowners Association's water distribution system will
be connected to the City of Dubuque's water distribution system. Customers served by
the existing Briarwood Homeowners Association system will be served by the City of
Dubuque's water distribution system after connection; and
WHEREAS, the City desires to accept the Briarwood Homeowners Association
system and will serve customers located within the system.
WHEREAS, the City of Dubuque and Briarwood Homeowners Association wish to
enter into a Memorandum of Understanding for the extension of water main and
connection to the City of Dubuque water distribution system; 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.
CityCl�rk �1°`�
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 6tn day of June, 2022
David T. Resnick, Mayor Pro Tem
Attest:
Trish L. Gleason, Assistant City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 212-22 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 7th day of June, 2022.
Trish L. Gleason, CIVIC, Assistant City Clerk
of
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
BRIARWOOD HOMEOWNERS ASSOCIATION OF DUBUQUE COUNTY, IOWA
This Memorandum of Understanding (MOU) is made between the City of Dubuque,
Iowa (City) and Briarwood Homeowners Association of Dubuque County, Iowa
(Briarwood) as follows:
WHEREAS, the Briarwood subdivision is comprised of 28 lots, contains 25
homes on those lots, and is located west of the City along Highway 20; and
WHEREAS, the Briarwood subdivision obtains its water from a well and
water distribution system owned, operated, and maintained by Briarwood
(Briarwood System), and water usage is monitored by a water meter in the well
house and individual water meters in each home; and
WHEREAS, City owns, operates, and maintains City water distribution system
that serves over 23,000 customers located both in and outside the corporate limits of
City; and
WHEREAS, with the completion of the Westside Water System Improvements,
City of Dubuque water supply is now available to Briarwood at a water connection point
located at White Oak Drive in Cedar Crest subdivision, which is adjacent to Briarwood
subdivision; and
WHEREAS, Briarwood wishes to receive water supply from City's water
distribution system, and 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 Briarwood's desire to connect the Briarwood System to
and receive water supply from City's water distribution system, and City's desire to
provide water to Briarwood.
SECTION 2. COMPLIANCE WITH LAWS AND REGULATIONS. Briarwood and 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.
332022bal
SECTION 3. OWNERSHIP OF THE BRIARWOOD SYSTEM.
3.1 Briarwood will retain ownership of and maintain the water distribution portions of
the Briarwood System within the footprint of the Briarwood subdivision, including but not
limited to the pipes distributing water throughout the Briarwood subdivision, the water
connection at City's public water main including the identified private valve and private
service line to the well house, the well house, and all appurtenances as detailed in Exhibit
B.
3.2 The Briarwood System running through and within the Briarwood subdivision will
not be dedicated to or accepted by City but will remain a private water distribution system
through the Briarwood subdivision and will be owned, operated, and maintained by
Briarwood.
SECTION 4. PRE -ANNEXATION OF LAND OWNED COMMONLY BY BRIARWOOD
HOMEOWNERS ASSOCIATION. Briarwood commonly owns the streets running
through the Briarwood subdivision. Briarwood, as the homeowner's association that owns
and operates the Briarwood water distribution system, will be a bulk water customer of
City. City requires water or sewer customers outside the city limits to sign pre -annexation
documents governing any land owned by the customer to obtain water service.
Consequently, Briarwood will sign pre -annexation documents committing the streets
running through the Briarwood subdivision to future annexation to City at some unknown
future date, as determined by City. These streets are shown in Exhibit A.
SECTION 5. WATER DISTRIBUTION WITHIN IN THE BRIARWOOD SYSTEM.
5.1 City will extend a water main from the public water main located on White Oak
Drive to a mutually agreed upon location near or in the Briarwood well house where a
master meter will be located. City will pay for and install Briarwood's water connection to
the public water main and Briarwood's service line and valve to the master meter,
providing the connection point is located within twenty -feet of the well house. If the
Briarwood service line connection to the public main is beyond twenty -feet from the well
house, then Briarwood shall pay for the cost and installation of the service line and valve
to the master meter in the well house. The approximate location of the well house and
approximate path of this water main extension are shown in Exhibit B and will be placed
in a permanent utility easement.
5.2 A. City's public water main extension will extend slightly beyond the well house
and terminate at Southwood Court where City will install and pay for a fire hydrant
which will improve access to water in the event of a fire and will create the ability
to flush the water main periodically. The fire hydrant will be installed at a mutually
agreed upon location between Briarwood and City. The approximate location of
this fire hydrant is shown on Exhibit B.
B. City may determine existing trees need to be removed for installation of this
fire hydrant and extension of the water main to the fire hydrant. Pursuant to and
2
consistent with Section 5.4 of this MOU, Briarwood will obtain consent and
permission from the property owners whose trees will be removed for such tree
removal, if necessary. Additionally, Briarwood will pay for, arrange for, and
oversee this tree removal pursuant to and consistent with Section 5.4 of this MOU,
if tree removal is deemed necessary. If these trees cannot be removed or if the
property owners do not consent to tree removal, City's water main extension will
terminate with a fire hydrant or flushing device at a mutually agreed upon location
in the Briarwood Subdivision.
5.3 Briarwood will obtain for City any temporary construction easements and
permanent easements necessary to extend this water main, connect to the water main,
and install the fire hydrant, and any permanent easements necessary for the access to
or maintenance of this public portion of the water main, the well and well house, the fire
hydrant, and any other obligations of City under this MOU. These easements will be
obtained at no cost of expense to City. The portion of water main from White Oak Drive
to and including the fire hydrant located at the end of the cul-de-sac on Southwood Court
will be owned and maintained by City.
5.4 To extend the water main in accordance with this MOU, trees located on private
property within the Briarwood subdivision will need to be removed. City and Briarwood
will mutually agree upon which trees must be removed. Briarwood is responsible for
notifying property owners with any affected trees on their property, obtaining written
consent from these property owners for the tree removal, removing these trees, and for
any compensation required by the property owners related to this tree removal, including
restoration of the land to its prior condition and the value of the tree itself. Such
compensation is a private matter between the individual property owners and Briarwood.
Briarwood must also communicate to property owners that any replacement trees cannot
be planted in a location where the tree roots will interfere with the easement or the
underlying water main.
5.5 A. City will pay for the design, permit(s), and installation of a master meter,
backflow preventer and necessary appurtenances in the well house within 360
days of Briarwood's request for such installation. The well house sits on two
parcels of private property located at 15461 Southwood Court and 15460
Southwood Court. Briarwood will obtain for City any temporary easements that
are necessary for installation of the master meter and any permanent easements
necessary for City to access the master meter when necessary. Additionally,
Briarwood will provide City with a key to the well house for City to access the
master meter when necessary. The easements and key will be provided to City
at no cost or expense to City.
B. City will also pay for and install a pressure reducing valve (PRV) in the
Briarwood Subdivision's existing well house to adjust for the new water pressure
because of the connection to City's water distribution system. Briarwood will
obtain, at no cost to City, any additional easements City needs related to the PRV.
3
C. Briarwood will pay for and City will install a meter interface unit (MIU) at the
well house.
D. Briarwood will obtain, maintain, and pay for electrical utility service to the
well house.
5.6 Upon master meter installation and water main connection from City's water main
to Briarwood's private water distribution system, Briarwood will close its private water
source (by valve control). After testing of Briarwood's private water distribution system to
confirm readiness for connection, City, at City's expense, will sever the water main piping
connection between the two water systems and abandon the Briarwood well according to
Iowa Department of Natural Resources (IDNR) standards.
5.7 Briarwood will be a bulk water customer of City and will receive one bill for water
usage as monitored and calculated by the master meter. If Briarwood wishes to disburse
that cost among the property owners in the Briarwood subdivision or the members of
Briarwood itself, that disbursement and billing will be a private matter between Briarwood
and the individual property owners or members.
5.8 If at some future date, Briarwood wishes to upgrade its private water system to
meet City standards and dedicate it to the City, the City will take ownership of the
Briarwood System once those upgrades are made. If the City, pursuant to Briarwood's
possible future wish, takes ownership of the Briarwood upgraded system, Briarwood
individual property owners will install City water meters and any related appurtenances or
component parts at their expense. City will provide one City water meter up to 1" per
service line at City's expense. City will supply and install an MIU at each individual
property owner's property at the property owner's expense.
A separate, distinct, and new MOU will detail the improvements and requirements
necessary to upgrade the Briarwood System to City standards. Under this possible future
scenario, once City takes ownership of the Briarwood System, Briarwood would no longer
be a bulk water customer. Instead, individual property owners would be customers of
City and would be billed individually by City. At this future point in time, property owners
who sign pre -annexation documents will be billed at the regular rate charged to City water
customers within City limits. Property owners who do not sign pre -annexation documents
will be billed at 1.5 times the regular rate changed to City water customers within City
limits (as stated in City Code Section 13A C-1(B)). This Section 5.8 applies only if at
some future date, Briarwood wishes to upgrade its private water system to meet City
standards and dedicates it to City.
5.9 Briarwood will own, maintain, repair, and replace all infrastructure within the
Briarwood Subdivision and its private water distribution system. This water distribution
system will not be dedicated to or accepted by City. All water pipes, mains, master meter,
well house, pressure vessels, valves, distribution flushing units, and accessories
associated with the water distribution system, and infrastructure within the Briarwood
subdivision up to the connection to City's public water main located within or near the well
4
house will continue to be a private water distribution system owned, operated, and
maintained by Briarwood.
5.10 Briarwood will pay to City a water connection fee in the estimated amount of
$37,176.16 for its connection to City's water distribution system.
5.11 Upon Briarwood's execution of the pre -annexation documents referenced in
Section 4 and connection to City's water distribution system, Briarwood will pay the
regular City water rate paid by all other City residents for such services.
SECTION 7. AMENDMENTS. This MOU may not be amended or modified without the
consent of City and Briarwood. Such consent must be evidenced by a written instrument
executed by both parties.
SECTION 8. ASSIGNMENTS. This MOU may not be assigned without the written
consent of the non -assigning party.
SECTION 9. CAPTIONS. The captions in this MOU are included for convenience or
reference and do not define, delimit, or otherwise effect the construction or effect of the
provisions contained herein.
SECTION 10. FORCE MAJEURE. If either party is 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 11. 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 12. BINDING EFFECT. This MOU binds and inures to the benefit of City and
Briarwood and its respective heirs, successors, and permitted assigns.
SECTION 13. 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 Briarwood: Rick Grothe
10570 Reagan Court
5
Peosta, Iowa 52068
SECTION 14. APPLICABLE LAW. This MOU is governed by the laws of the state of
Iowa.
SECTION 15. COUNTERPARTS. This MOU may be executed in any number of
counterparts. All counterparts taken together will constitute one and the same MOU.
SECTION 16. EFFECTIVE DATE AND SIGNATURE.
16.1 Execution of this MOU formally evidences that the parties have reviewed and
acceptthis MOU. Execution of this MOU by City is subject to City Council Approval.
16.2 This MOU is approved and is effective upon the date of the last signature below.
BRIARWOOD HOMEOWNERS
ASSOCIATION OF DUBUQUE COUNTY,
IOWA
By:
A,2L-
Rickbrothe, Briarwood HOA President
CITY OF DUBUQUE, IOWA
By: 4zj "
ivenegh, Mayor Pro Tem
David T. Resnick
Attest:
By.
AdFieRne ,£ity''Eierf�
Trish L. Gleason, assistant City Clerk
On this day of , 2022, before me, a Notary Public in and for said
state personally appeared ' k Grothe, President of the Briarwood Homeowners
Association of Dubuque County, Iowa 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.
pr' `'41 5 EP91#a*NE A4 VALENTINE
x - c�rtimia for N"j a9r 791714 ota Public in the State of Iowa
ow
My Commission expires
On this 1"\ day of T �.x�Q , 2022, before me, a Notary Public in and for said
state personally appeared Mayor Brad M. Gavanagh and EGIeF
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.
ELLA LAHEY
Commission Number 743465 qn� �ts Nn V.
My Commission 199, 2024res
row* Notary Public in the Stat f Iowa
My Commission expires lc) -yVaba4
-Mayor Pro Tem David T. Resnick and Assistant City Clerk Trish L. Gleason
VA
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