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Acceptance of Public Water Distribution System Improvements in Wildflower Ridge Subdivision #4, in the City of Sageville and in Dubuque County, IowaCity of Dubuque City Council Meeting Consent Items # 09. Copyrighted February 5, 2024 ITEM TITLE: Acceptance of Public Water Distribution System Improvements in Wildflower Ridge Subdivision # 4, in the City of Sageville and in Dubuque County, Iowa SUMMARY: City Manager recommending City Council adopt the attached resolution accepting the public water distribution system improvements in Wildflower Ridge Subdivision #4 in the City of Sageville and in Dubuque County, Iowa. RESOLUTION Accepting Public Water Distribution System Improvements in Wildflower Ridge Subdivision # 4, in the City of Sageville and in Dubuque County, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Dedication Letter Supporting Documentation MOu Supporting Documentation Area Map Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Public Water Distribution System Improvements in Wildflower Ridge Subdivision # 4, in the City of Sageville and in Dubuque County, Iowa DATE: January 30, 2024 City Engineer Gus Psihoyos is recommending City Council adopt the attached resolution accepting the public water distribution system improvements in Wildflower Ridge Subdivision #4 in the City of Sageville and in Dubuque County, Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, PLS, PE THE CF DU�j--B Eh Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer Dubuque AII•Ameriea Ciiy tll��r 2007-2012.2013 2017*2019 SUBJECT: Acceptance of Public Water Distribution System Improvements in Wildflower Ridge Subdivision # 4, in the City of Sageville and in Dubuque County, Iowa DATE: January 30, 2024 INTRODUCTION The enclosed material provides for City Council acceptance of the public water distribution system improvements that Vendors Unlimited Corporation wish to dedicate in Wildflower Ridge Subdivision # 4 in the City of Sageville and in Dubuque County, Iowa. BACKGROUND Per the Memorandum of Understanding between the City of Dubuque and Vendors Unlimited Corporation, which was approved on June 7, 2021, by City Council Resolution No. 197-21, a copy of which is attached hereto, certain private improvements, including a water main distribution system were to be dedicated by Vendors Unlimited Corporation to the City of Dubuque for ownership and maintenance. Vendors Unlimited Corporation has made all necessary improvements to its water distribution system in the Phase 4 area to make the system compliant with Iowa DNR requirements and City of Dubuque Standards and now wishes to dedicate the improvements in the last subdivision phase to the City for ownership and maintenance. DISCUSSION City Ordinance requires that upon completion of all the required public improvements, the developer shall notify the City in writing of the completion of the improvements, requesting that the City either approve or reject the acceptance of the improvements, together with a statement of reasons for any rejection. On January 8, 2024, the owners requested City's acceptance of the public water distribution improvements in Wildflower Ridge Subdivision #4 in the City of Sageville and in Dubuque County, Iowa. Upon inspection by the City, it has been determined that the public improvements required by said Memorandum of Understanding have been completed in accordance with plans approved by the City Staff and in conformance with DNR requirements and City of Dubuque Standards. RECOMMENDATION I would, therefore, recommend that the City Council accept the public water distribution system improvements, not including the private water service lines from the water main to the residences, as described above. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the public water distribution system improvements in Wildflower Ridge Subdivision #4 in the City of Sageville and in Dubuque County, Iowa. Prepared by Nate Kieffer, PLS, PE Prepared by: Nate Kieffer City of Dubuque, 50 W. 1 V Street Dubuque, IA 52001 563 589-4270 Return to: Adrienne N. Sreitfelder, City Clerk Civ of Dubuque, 50 W. 13« Street Dubuque, lA 52001 563 589-4121 RESOLUTION NO. 19-24 ACCEPTING PUBLIC WATER DISTRIBUTION SYSTEM IMPROVEMENTS IN WILDFLOWER RiDGE SUBDIVISION # 4, IN THE CITY OF SAGEViLLE AND IN DUBUQUE COUNTY, IOWA Whereas, pursuant to a Memorandum of Understanding between the City of Dubuque and Vendors Unlimited Corporation, which was approved on June 7, 2021, by City Council Resolution No. 197-21, a copy of which is attached hereto, certain private improvements, including a water main distribution system were to be dedicated by Vendors Unlimited Corporation to the City of Dubuque for ownership and maintenance; and Whereas, per the requirements of the Memorandum of Understanding, Vendors Unlimited Corporation has made all necessary improvements to its water distribution system located in the Wildflower Ridge Subdivision #4 area to make the system compliant with Iowa DNR requirements and City of Dubuque Standards; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that all public water distribution improvements, not including water service lines from water main to each residence which are to remain private, in Wildflower Ridge Subdivision # 4, in the City of Sageville and in Dubuque County, Iowa, be and the same are hereby accepted and will become part of the City's water distribution system. Passed, approved and adopted this 5t day of February 2024. Brad vanag , Mayor Attest: aw, C- ", - 7t e , �,, ", Adrienne N. Breitfelder, City Clerk Michael Gantz Vendors Unlimited Corp. 10537 Route 3 Dubuque, Iowa 52001 Date 1/8/2024 City of Dubuque Water Department Attn: Christopher Lester Chris, This letter is to inform you that we have completed and installed the water main infrastructure for the construction project associated with Wildflower Ridge Subdivision #4 in Dubuque, Iowa as per the approved plan. We request the water main/system be adopted by the city of Dubuque. Sincerely, Michael Gantz President 563.580.6008 City of Dubuque City Council Meeting Action Items # 4. Copyrighted June 7, 2021 ITEM TITLE: Memorandum of Understanding - City Water Service to Wildflower Ridge Residential Subdivision SUMMARY: 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 Resolution MOU Staff Memo Resolutions Supporting Documentation THE CITY OF Dubuque DUB E *Amrb qq Masterpiece PP iece on the Mississippi zoo�•zoi 2-2013 zoi7*2019oi9 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 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. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Christopher Lester, Water Department Manager Gus Psihoyos, City Engineer 3 THE CITY ;i&E DUB Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Christopher Lester, Water Department Manager Gus Psihoyos, City Engineer DATE: June 2, 2021 Dubuque All -America Ciq N�TI ML<7VK)IJ'KW: II 11. ► 2007*2012*2013 2017*2019 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. 2 • 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 14 Roy D.fuol, Mayor Attest: ^ 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: N/A 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 '7.100 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. 2 05102021 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 3 05102021 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 forthe 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 4 05102021 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 05102021 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 13-1C-1(B), 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 C.1 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 By: Eric J. Gantz By: C *X Mic ael C. G n CITY OF DUBUQUE, IOWA By: f./ / Roy D. Buol ayor Attest: By: '�/A"W06"'? - Adrienne Breitfelder, City Clerk On this 13 day of ffiW , 2021, before me, a Notary Public in and for said state personally appeared Eric . antz, 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. "` • CAROL A. K. COP':1 119 t C0mT1u10n Numb* 1621 YY Commlulon E�►Ir« l�aa Notary Public in the State of Iowa M Commission expires 7--/3— cRDa 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 E:Ikty CAAOL A.Y. COPILANDComml81lon KumOer 1 1 CommluloR EiOIr"Q• Notary Public in the State of Iowa My Commission expires 7` /3 - Ak day of , 2021, before me, a Notary Public in and for sai ate persona eared Mayo Roy D. BuoI and City Clerk Adrienne Breitfe nown to me to be the per�exec n and who executed the fore g instrument, and acknowledge that e same as their volunt ct and deed. LM !/ CA57ijrn �LAND Notary Public in atte of Iowa t on 1S2S My Commission expires r Commis6lon E101res ? CLZ On this erday of , 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. Commission Number71W6 *IL'11111" my Commission Expires L-1 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 9 a 0 0) v Q Q aai�4t� 00 M CL.-CO �N W C Q � o O N L1 fi LI o Q 0 O °o 4 0 C3 b 0 ❑ 0 GT LO LO Q N U C ^ -a C,-,7 O (y� UAW ["y 8 C X a W 5 x c D 'cgryrs��. RR a 'N j � � spa 5ga o2fSrya O O U 58=ocxs-� s w g � � goccf8'9a. LM .�� e4 6 kt SSSi 0 EXHIBIT B WILDFLOWER RIDGE SUBDIVISION Wildflower Ridge Vendors Unlimited Vendors Unlimited (Sageville) i i 27 26 T' �� :19E..sr+eaK *skirt 25 28 24 31 r 37 36 38 Yw:ia � 'k'✓Y . r< �^c fg. 41 40 39 43 Sf F 1s' 14 a Af 47 ♦ 73' 1� 11 10 9 I, s} 34 ' k,.' ,, . rk,,,? a r z KENNEDfYRD �4pNDEttStN t� i 11 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 13t" 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: a4c1� /V 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. Adrienne N. Breitfelder, City Clerk THE CITY OF Dus E Wildflower Ridge #4 ddSpecial Achievement in GIS 2018 Award Winner Masterpiece an the Mississippi M Legend Hydrants i Private Public Water Main Sq Public Private ' 'QO Q Wildflower #4 private water main will not be dedicated to the city �" 17159 1713917149 L--1, J '-` DISCLAIMER: This information was compiled sing the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and actuate information available, DAGIS and it's suppliers do no[ warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, sequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of arranty whatsoever. ®� N Wildflower Ridge previously dedicated to the city ',* , 17199 • �17227 17171 Cq� • CHICORY S. 1 inch = 0.04 miles 0 130 260 • _ -17206 17170� 17�Dubuqu�e County GIS N Map Prepared by: City of Dubuque 390 W E Water Department m Feet 1902 Hawthorne St S 563-589-4291