Accepting Public Water Distribution System Improvements in Kerrigan Heights Subdivision from IADU Table Mound MHP, LLC, in Dubuque County, IowaCity of Dubuque
City Council
CONSENT ITEMS # 13.
Copyrighted
February 17, 2025
ITEM TITLE: Accepting Public Water Distribution System Improvements in
Kerrigan Heights Subdivision from IADU Table Mound MHP,
LLC, in Dubuque County, Iowa
SUMMARY: City Manager recommending City Council adopt the attached
resolution accepting the public water distribution system
improvements in Kerrigan Heights Subdivision from IADU
Table Mound MHP, LLC, in the City of Dubuque, Iowa.
RESOLUTION Accepting Public Water Distribution System
Improvements In Kerrigan Heights Subdivision, In Dubuque
County, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 kerrigan hts water main imp accept memo
3. 2 kerrigan hts water main imp accept resolution
4. 3 Kerrigan Heights wm imps accept area map
5. 4 IADU - MOU Recorded
Page 161 of 797
Dubuque
THE CITY OF
uFA�a9a av
DuBE
13
Masterpiece on the Mississippi zoo�•*o
rP PP 2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Accepting Public Water Distribution System Improvements in Kerrigan
Heights Subdivision from IADU Table Mound MHP, LLC, in Dubuque
County, Iowa
DATE: February 11, 2025
City Engineer Gus Psihoyos is recommending City Council adopt the attached
resolution accepting the public water distribution system improvements in Kerrigan
Heights Subdivision from IADU Table Mound MHP, LLC, in the City of Dubuque, Iowa.
The Subdivision Ordinance requires that upon completion of all the required public
improvements, the subdivider 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.
The owners have requested the City's acceptance of the water distribution system
improvements in Kerrigan Heights Subdivision in Dubuque County, Iowa. Upon
inspection by the City, it has been determined that the public improvements required by
said agreement have been completed in accordance with plans approved by the City
Staff and in conformance with City specifications.
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
Chris Lester, Water Department Director
Carl Plumley, Water Distribution Maintenance Supervisor
Darrin Homb, Water Distribution Maintenance
Page 162 of 797
THE COF
DUi! B E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Dubuque
AII•Aoerin City
2007*2012-2013
2017*2019
FROM: Gus Psihoyos, City Engineer
SUBJECT: Accepting Public Water Distribution System Improvements in Kerrigan
Heights Subdivision from IADU Table Mound MHP, LLC, in Dubuque
County, Iowa
DATE: February 10, 2025
INTRODUCTION
The enclosed material provides for City Council acceptance of public water distribution
system improvements that the owner, IADU Table Mound MHP, LLC, has recently
completed in Kerrigan Heights Subdivision, in Dubuque County, Iowa.
BACKGROUND
Per the Memorandum of Understanding between the City of Dubuque and IADU Table
Mound MHP, LLC, approved by the City Council via Resolution 201-18 and amended by
Resolution 106-19, the parties wished to set forth terms for repairs and improvements to
the private IADU water distribution system which serves multiple areas including
Kerrigan Heights Subdivision in Dubuque County, Iowa. The MOU states that when the
repairs and improvements to the Kerrigan Heights water distribution system have been
completed by IADU Table Mound MHP, LLC they will dedicate said improvements to the
City of Dubuque for ownership and maintenance.
DISCUSSION
The Subdivision Ordinance requires that upon completion of all the required public
improvements, the subdivider 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.
The owners have requested the City's acceptance of the water distribution system
improvements in Kerrigan Heights Subdivision in Dubuque County, Iowa. Upon
inspection by the City, it has been determined that the public improvements required by
said agreement have been completed in accordance with plans approved by the City
Staff and in conformance with City specifications.
Page 163 of 797
RECOMMENDATION
I would, therefore, recommend that the City Council accept the public improvements 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 Kerrigan Heights Subdivision from IADU
Table Mound MHP, LLC, in the City of Dubuque, Iowa.
Prepared by Nate Kieffer, PLS, PE
cc. Chris Lester, Water Department Director
Carl Plumley, Water Distribution Maintenance Supervisor
Darrin Homb, Water Distribution Maintenance
Page 164 of 797
Prepared by: Nate Kieffer, City of Dubuque 50 W. 13th Street Dubuque IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13"' St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 51-25
ACCEPTING PUBLIC WATER DISTRIBUTION SYSTEM IMPROVEMENTS IN
KERRIGAN HEIGHTS SUBDIVISION, IN DUBUQUE COUNTY, IOWA
Whereas, per the Memorandum of Understanding between the City of Dubuque
and IADU Table Mound MHP, LLC, approved by the City Council via Resolution 201-18
and amended by Resolution 106-19, the parties wished to set forth terms for repairs and
improvements to the private IADU water distribution system which serves multiple areas
including Kerrigan Heights Subdivision in the Dubuque County, Iowa; and
Whereas, pursuant to said Memorandum of Understanding, repairs and
improvements to the Kerrigan Heights water distribution system have been completed by
IADU Table Mound MHP, LLC and IADU Table Mound MHP, LLC now wishes to dedicate
said improvements to the City of Dubuque for ownership and maintenance; and
Whereas, the Kerrigan Heights water distribution system 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
said public water distribution system improvements in Kerrigan Heights Subdivision, in
Dubuque County, Iowa, as shown on the attached Exhibit A, be and the same are hereby
accepted.
Passed, approved and adopted this 17th day of February 2025.
�W•Mayor
Attest:
94�'�
Adrienne N. Breitfelder, City Clerk
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Masterpiece on the Mississippi
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Map Prepared by:
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the City Dubuque
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of and participating agencies utilized the
most current and accurate information available, DAGIS and
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Pa e 166 of 797
Doc ID: 010269550037 Type: GEN
Kind: AGREEMENT
Recorded: 04/17/2019 at 01:54:51 PM
Fee Amt: $187.00 Page 1 of 37
Dubuque County Iowa
John Murphy Recorder
File2019-00003730
RECORDER'S COVER SHEET
FOR
MEMORANDUM OF UNDERSTANDING AND RESOLUTION
IADU TABLE MOUND MHP, LLC
(RV Horizons, Inc.)
Preparer Information:
Maureen Quann
300 Main St., Ste. 330
Dubuque IA 52001-6944
63 -S�-Y� -'I 11.
Taxpayer Information: N/A
Return Document To:
Kevin S. Firnstahl, City Clerk
50 W. 13th Street
Dubuque, IA 52001
Legal Description: N/A
Grantors:
Grantees:
City of Dubuque
RV Horizons, Inc.
50 W. 131h Street
9442 Noonan St.
Dubuque, IA 52001
Dubuque, IA 52003
Previously Recorded Document(s): N/A
C« Page 167 X97
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
IADU TABLE MOUND MHP, LLC
This Memorandum of Understanding (MOU) is made between the City of Dubuque,
Iowa (City), and IADU Table Mound MHP, LLC (Table Mound) as follows:
WHEREAS, Table Mound is the owner of a private water distribution system
that serves three areas outside the City: Table Mound 1 Mobile Home Park, the
Kerrigan Heights subdivision, and seven commercial businesses located on
Rockdale Road; and
WHEREAS, Table Mound is the owner of a private sanitary sewer collection
system that serves two areas outside the City: Table Mound 1 Mobile Home Park
and the Kerrigan Heights subdivision; 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, the City owns, operates, and maintains the public sanitary sewer
collection system which serves over 23,000 customers located both in and outside the
corporate limits of the City; and
WHEREAS, Table Mound wishes to make necessary repairs and improvements
to its water distribution system and sanitary sewer collection system (Table Mound
System) to make the systems compliant with Iowa Department of Natural Resources
(IDNR) requirements and City standards; and
WHEREAS, after completion of improvements to the Table Mound System, when
its water and sanitary sewer components are deemed compliant with both IDNR
requirements and City standards, Table Mound wishes to dedicate portions of the Table
Mound System to the City for operation as part of the City's water distribution and
sanitary sewer collection systems; and
WHEREAS, after improvements have been made and the Table Mound System
is deemed compliant with IDNR requirements and City standards, the Table Mound
System will be connected to the City's water distribution and sanitary sewer collection
system. Customers served by the existing Table Mound System will be served by the
City's water distribution and sanitary sewer collection systems after connection; and
WHEREAS, the City desires to accept portions of the Table Mound System after
the system meets IDNR requirements and City standards and will serve customers
located within the Table Mound System.
06152018MAQ
Page 168 of 797
THEREFORE, in consideration of the promises, covenants, and agreements of the
parties in this MOU, the parties agree as follows:
SECTION 1. PURPOSES AND OJECTIVES. The purpose and objectives of this
MOU are to establish and outline Table Mound's desire to improve and dedicate to the
City the Table Mound System and the City's desire to accept portions of the Table Mound
System after improvements render it compliant with IDNR requirements and City
standards.
SECTION 2. COMPLIANCE WITH LAWS AND REGULATIONS. Table Mound 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. SYSTEM ENGINEERING, DESIGN, CONSTRUCTION, AND
INSTALLATION.
3.1 Table Mound will engage and enter into a contract with a professionally licensed
engineering and design firm to design all improvements, repairs or construction
necessary to bring the Table Mound system into compliance with IDNR rules and City
standards. Table Mound will engage any licensed plumbers and contractors necessary
to complete all improvements, repairs, construction, installation and connection
necessary to bring the Table Mound System into compliance with IDNR rules and City
standards. Detailed reproducible plans must be certified by a professional engineer
licensed in the state of Iowa.
3.2 City will consult with Table Mound and any engineering firms and contractors Table
Mound engages for the construction, improvement, and installation of the Table Mound
System to ensure compliance with IDNR regulations and City standards. City's role will
be limited strictly to consultation. All contractors, plumbers, engineers, and other
professionals will work for, contract with, and be paid by Table Mound.
3.3 City will approve final design necessary for the improvement, repairs, construction,
and installation of the Table Mound System and any modifications that may be made to
that design during its implementation.
3.4 Table Mound will obtain any permits and easements necessary for the
improvements, repairs, construction, and installation of the Table Mound System.
3.5 Table Mound will engage any licensed plumbers and contractors necessary to
complete all improvements, repairs, construction, installation, and connection necessary
to bring the Table Mound System into compliance with IDNR rules and City standards.
2
Page 169 of 797
3.6 Table Mound and/or its contractors will comply with all applicable City insurance
schedules during the performance of its duties under this MOU and any agreements
arising out of it.
3.7 Table Mound is financially responsible for the costs associated with the repair,
construction, improvement, and installation of the Table Mound System until certain
portions are dedicated to and accepted by the City as provided elsewhere in this MOU.
SECTION 4. IDNR COMPLIANCE AND TIME EXTENSION. City understands that
Table Mound must comply with IDNR rules and regulations for the Table Mound System
within a certain time frame given by IDNR. City will assist Table Mound in efforts it makes
to obtain an extension from IDNR of such time frame, if necessary. These efforts may
include but would not be limited to presentation of a copy the executed MOU to the IDNR
and communication with the IDNR regarding the City's intent to accept portions of the
Table Mound System upon completion of all repairs, improvements, construction, and
installation of the system to bring it into compliance with IDNR rules and City standards,
and connection of that same Table Mound System, including its sanitary sewer collection
system component, to the City's water distribution system and sanitary sewer collection
systems.
SECTION 5. OWNERSHIP OF THE TABLE MOUND SYSTEM.
5.1 Table Mound will maintain ownership of the Table Mound System until acceptance
of the Table Mound System by the City Council. Once all repairs, improvements,
construction, installation, and connections are complete, including all final inspections,
Table Mound will dedicate portions of the Table Mound System to the City, and the City
Council will accept such portions.
5.2 The three areas served by the Table Mound System: Table Mound Mobile Home
Park 1 (Mobile Home Park), Kerrigan Heights subdivision (Kerrigan Heights), and the
seven businesses on Rockdale Road (Rockdale Road) are shown in Exhibit A. Table
Mound will retain ownership of the portion of the Table Mound System that runs through
the private property of the Mobile Home Park as shown in Exhibit B. The portion of the
Table Mound System running through and within the Mobile Home Park will not be
dedicated to or accepted by the City but will remain a private water distribution system
and private sanitary sewer collection system through the Mobile Home Park and will be
owned, operated, and maintained by Table Mound. The portions of the Table Mound
Water System serving and running through and within Kerrigan Heights will be dedicated
to and accepted by the City at the conclusion of the repairs, improvements, construction,
installation and connection and will be owned, operated, and maintained by the City
thereafter. Rockdale Road water system will be disconnected from the Kerrigan Heights
water system and capped (abandoned per IDOT standards) under the highway right of
way.
SECTION 6. PRE -ANNEXATION OF THE LAND COMPRISING THE TABLE MOUND
3
Page 170 of 797
MOBILE HOME PARK. As property owners of the land comprising the Table Mound
Mobile Home Park shown on Exhibit B, Table Mound will sign pre -annexation documents
committing the land comprising the Table Mound Mobile Home Park to future annexation
to the City at some unknown future date, as determined by the City.
T%17. I DISTRIBUTION VITHI� l� THE TABLE IVI^UrB SYSTEM.
�TE�.SECI14 WA FIn
7.1 The water distribution portion of the Table Mound System will be addressed
separately in three component parts: Mobile Home Park, Kerrigan Heights, and Rockdale
Road.
Mobile Home Park Phase One
Upon execution .of this MOU, the City will provide water to Table Mound as follows:
A. Table Mound will install a master meter pit and City water meter at the
property line between Mobile Home Park and Kerrigan Heights along Cascade
Drive.
B. Table Mound will be the City's water customer and will be billed for the
actual amount of water consumed as determined by the master meter pit.
C. If Table Mound wishes to further meter and bill the individual water
customers within the Mobile Home Park, such metering and billing will be a private
matter between Table Mound and the individual water users in the Mobile Home
Park. The City's only customer in this Phase One will be Table Mound.
D. Table Mound will own, maintain, repair and replace all infrastructure within
the Mobile Home Park. This water distribution portion of the Table Mound System
will not be dedicated to or accepted by the City.
E. There will be no water connection fee for connection of the Mobile Home
Park to the City's water distribution system because the Mobile Home Park is
served with water via Kerrigan Heights.
Mobile Home Park Phase Two
At some future, presently unknown date, if Table Mound requests that the City bill
individual water users within the Mobile Home Park, instead of billing only Table Mound
as described in Phase One, such individualized billing and water provision will occur as
follows:
A. Table Mound will install City water meters inside each individual mobile
home in the Mobile Home Park at Table Mound's expense. City will provide one
City water meter per service line to Table Mound at no expense (one per service
line, 1" diameter and under). The water meters must be installed in a manner that
0
Page 171 of 797
protects the water meters from freezing. Table Mound will be responsible for
replacement or maintenance of frozen water meters. If not already in place for
each water service line, Table Mound will install a control valve (stop box) for each
individual water meter installation in the Mobile Home Park. It will not be
considered a violation of this MOU if Table Mound is unable to install a City water
meter in a privately -owned home due to the homeowner's refusal to permit access
or such work to be performed.
B. City will install a water meter interface unit (MIU) and wiring at each mobile
home located within the Mobile Home Park at Table Mound's expense.
C. Table Mound will install, own, operate, and maintain, including repair and/or
replacement of, pressure reducing valves (PVRs) or devices to meet the design
parameters of the Table Mound infrastructure.
D. Table Mound will maintain the master meter pit and the City water meter
from Phase One at the property line between Mobile Home Park and Kerrigan
Heights.
E. Table Mound will own, maintain, repair and replace all infrastructure within
the Mobile Home Park. This water distribution portion of the Table Mound System
will not be dedicated to or accepted by the City.
F. City will bill each mobile home in the Mobile Home Park individually and
also monitor actual water usage on the master meter pit. For any discrepancies
that exist between total water usage on the master meter pit and cumulative
individual mobile home bills, Table Mound will pay the amount shown on the
master meter pit bill in instances when the master meter pit bill is greater than the
cumulative individual mobile home bills (master meter pit bill versus cumulative bill
for individual mobile homes).
G. When a tenant does not register for water service with the City but receives
City water through the distribution system, the water account will be under Table
Mound, and Table Mound will be responsible for any water usage until the tenant
establishes service with the City. This provision applies to existing tenants at the
time of connection to the City's water distribution system and any new tenants that
enter the Mobile Home Park after connection to the City's water distribution
system.
H. Table Mound will provide City with customer registration information for all
customers within the Mobile Home Park and update that list with the City as
tenancy changes within the Mobile Home Park.
I. After thirty days, any unpaid balance held by a tenant in the Mobile Home
Park will transfer into Table Mound's name, and Table Mound will be financially
responsible for that account until it is current again.
5
Page 172 of 797
J. When tenants leave the Mobile Home Park, any unpaid balance of a
departed tenant will transfer into Table Mound's name and Table Mound will be
financially responsible for that account if it remains past due thirty days after the
tenant moves out of the Mobile Home Park.
K. For all tenants within the Mobile Home Park who have past due balances in
their names at other prior addresses within the City, they will be unable to obtain
new service in their own names until the prior past due balances are paid. Until
those prior past due balances are paid, the water accounts will be in Table Mound's
name.
L. The City will own the pipes and mains up to the master meter pit at the
Mobile Home Park. All pipes, mains, and infrastructure within the Mobile Home
Park will continue to be a private water distribution system owned and maintained
by Table Mound.
M. City will send informational materials to all tenants of the Mobile Home Park
and hold an informational meeting for tenants of the Mobile Home Park before the
connection to the City water and sewer distribution systems occur.
N. Table Mound will identify, verify, or install all necessary curb boxes to mobile
homes within the Mobile Home Park portion of the Table Mound System. Table
Mound may hire licensed professionals to perform such work if it chooses, but the
work will be performed at Table Mound's expense.
O. Table Mound will verify that all valves located in the Mobile Home Park
portion of the Table Mound System are operable and accessible.
P. Table Mound will verify that all fire hydrants located in the Mobile Home
Park portion of the Table Mound System are accessible and operable.
Kerrigan Heights
A. Table Mound or a licensed plumber hired by Table Mound will install a City
meter and pressure reducing valve at each home located within Kerrigan Heights.
At Table Mound's expense, City will install a meter interface unit (MIU) and wiring
at each home located within Kerrigan Heights. It will not be considered a violation
of this MOU if Table Mound is unable to install a City water meter on a privately -
owned home due to the homeowner's refusal to permit access or such work to be
performed.
B. City will install a meter interface unit (MIU) and wiring at each home located
within Kerrigan Heights at Table Mound's expense.
C. Table Mound will provide the City customer names and customer contact
Page 173 of 797
information for all account holders located within Kerrigan Heights.
D. Table Mound will communicate with customers regarding conversion and
procedures to establish City Utility Billing accounts.
E. After connection to the City's water distributions system, T able Mound will
dedicate the Kerrigan Heights water distribution portion of the Table Mound
System to the City. City will begin billing customers upon connection to the City's
water distribution system.
F. Prior to dedication to and acceptance by the City, Table Mound will identify,
verify, or install all necessary curb boxes to homes within the Kerrigan Heights
portion of the Table Mound System. Table Mound may hire licensed professionals
to perform such work if it chooses, but the work will be performed at Table Mound's
expense.
G. Table Mound will transfer and assign to the City all easements necessary
to own, operate, and maintain any of the Kerrigan Heights portion of the Table
Mound System that will be public after dedication to and acceptance by the City.
H. Prior to dedication to and acceptance by the City, Table Mound will verify
that all valves located in the Kerrigan Heights portion of the Table Mound System
are operable and accessible.
I. Prior to dedication to and acceptance by the City, Table Mound will verify
that all fire hydrants located in the Kerrigan Heights portion of the Table Mound
System are accessible and operable.
J. Table Mound will connect and convert to the City's water distribution
system. After connection, the City's water distribution system will supply residents
within Kerrigan Heights, and the City Council will accept dedication of the Kerrigan
Heights water distribution portion of the Table Mound System.
K. Prior to connection to the City's water distribution system, all wells within
the Table Mound System must be disconnected. All wells within the Table Mound
System must be property abandoned prior to City Council acceptance. Once City
Council acceptance occurs, the City will own and be responsible for all water
distribution maintenance of the now public mains within Kerrigan Heights.
L. Connection to the City's water distribution system must be in accordance
with drawings and "as built" designs of the City Water Distribution System to Table
Mound provided by the City on 2/28/2017 and attached as Exhibit C of this MOU.
M. Table Mound will pay a water connection fee of $15,808.80 to the City upon
connection of Kerrigan Heights to the City's water distribution system.
7
Page 174 of 797
N. City will accept the public mains running through Kerrigan Heights.
Individual homeowners in Kerrigan Heights will own and be responsible for lateral
service lines from the public mains to meters and homes.
O. City will send informational materials to all Kerrigan Heights residents and
hold an informational meeting for Kerrigan Heights residents before the connection
to the City water and sewer distribution systems occur.
Rockdale Road
A. Table Mound must cap and abandon the private six-inch water main serving
the seven (7) properties along Rockdale Road.
B. Table Mound must perform all Rockdale Road work before Kerrigan Heights
work begins.
C. Table Mound must provide to the City Rockdale Road customer names and
contact information.
D. Table Mound will communicate with Rockdale Road customers regarding
conversion and procedures to establish City utility accounts.
E. Table Mound will transfer and assign to City all easements necessary to
own, operate, and maintain any of the Rockdale Road portion of the Table Mound
System that will be public after dedication to and acceptance by the City.
F. Table Mound must verify that all service valves are operable and accessible
within the Rockdale Road portion of the Table Mound System.
G. Table Mound must abandon, cap, and mark the existing water main under
the public highway 151/61 and the Rockdale Road right-of-way in accordance with
any applicable laws and standards under state, federal and local laws, including
but not limited to any Iowa Department of Transportation (DOT) standards.
H. City will send informational materials to all Rockdale Road customers and
hold an informational meeting for Rockdale Road customers before the connection
to the City water distribution systems occur.
I. The City will offer water service from the City's water distribution system
located on Rockdale Road to the seven (7) Rockdale Road customers at the
customer's expense. Because these Rockdale Road customers are not located
within City limits, these customers may pursue well water as long as any wells
comply with all county, state, IDNR and other applicable requirements. Future
water service for the seven (7) Rockdale Road customers must be determined
before work begins to ensure the customers are not left without water supply and
to coordinate work so that water connections are made in the most cost-efficient
1.1
Page 175 of 797
manner.
SECTION 8. SANITARY SEWER COLLECTION IN THE TABLE MOUND SYSTEM.
8.1 The sanitary sewer collection portion of the Table Mound System consists of and
will be addressed separately in two component parts: Mobile Home Park and Kerrigan
Heights.
8.2 Table Mound must televise and clean both components of the sanitary sewer
collection portion of the Table Mound System, the Mobile Home Park and Kerrigan
Heights, to identify repairs, modifications, and replacement needed to meet City
standards and IDNR requirements. All repairs, modifications, and replacements will be
completed at Table Mound's expense.
8.3 At Table Mound's expense, the City will construct a new public sanitary sewer from
the Granger Creek Interceptor sanitary sewer to the existing sanitary sewer serving
Kerrigan Heights.
8.4 Table Mound will connect the Mobile Home Park collection system to the new
public sanitary sewer system at a single discharge point near the existing treatment
facility.
8.5 After dedication to and acceptance by the City, the City will own, operate, and
maintain the sanitary sewer collection system within Kerrigan Heights and the new public
sanitary sewer main extended from the Granger Creek Interceptor sewer.
8.6 The sewer connection fees for the Mobile Home Park and Kerrigan Heights total
$24,207.21. The City will waive these sewer connection fees in acknowledgment of the
IDNR directive to update and repair the existing sewage treatment system.
Mobile Home Park
A. Table Mound will own, maintain, repair, and replace all sanitary sewer
collection system components within the Mobile Home Park. The portion of the
sanitary sewer collection system located on the private property of the Mobile
Home Park will not be dedicated to or accepted by the City.
B. All sanitary sewer collection system components within the Mobile Home
Park must be improved to eliminate exfiltration and infiltration concerns. The
sanitary sewer collection system within the Mobile Home Park must be sealed and
repaired before the Mobile Home Park collection system can be connected to the
new public sanitary sewer extension. Table Mound must install a flow meter on
the sanitary sewer system.
C. Table Mound must install a new public sanitary sewer main from the
Granger Creek Interceptor, running along the southside of the property, to connect
Page 176 of 797
to Kerrigan Heights. The public main must be a minimum of 8 inches in diameter
and be designed and constructed to meet all city, state, and federal specifications
and requirements.
D. The City must approve all design plans and materials prior to work
beginning.
ping.
Kerrigan Heights
A. Table Mound must inspect, repair the sanitary sewer collection system
within the Kerrigan Heights area to ensure compliance with IDNR requirements
and City standards. All sanitary sewer upstream of Extension 2 (shown on Exhibit
D) must be 8-inch diameter and rehabilitated/repaired to City standards before
dedication to and acceptance by the City.
B. The City must approve all design plans and materials prior to work
beginning.
8.7 Table Mound will perform the sanitary sewer collection system work, repairs,
construction and improvements as set forth in this MOU and the work plans and
specifications prepared by J.C. Dillon, Inc. and reviewed and signed by the City and J.C.
Dillon, Inc. These plans and specifications are referred to as the J.C. Dillon Plans.
SECTION 9. REASONABLE EFFORTS. Table Mound acknowledges and agrees that
unless and until the Table Mound System, or any of its component parts, have been
constructed, installed, dedicated to, and accepted by the City, the City's obligations under
this MOU are to use reasonable efforts to assist Table Mound with facilitating the
construction, installation, repairs, and improvement of the Table Mound System.
SECTION 10. AMENDMENTS. This MOU may not be amended or modified without the
consent of the City and Table Mound. Such consent must be evidenced by a written
instrument executed by both parties.
SECTION 11. ASSIGNMENTS. This MOU may not be assigned without the written
consent of the non -assigning party.
SECTION 12. 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 13. 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, 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.
10
Page 177 of 797
SECTION 14. 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 15. BINDING EFFECT. This MOU binds and inures to the benefit of the City
and Table Mound and their respective heirs, successors, and permitted assigns.
SECTION 16. 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: Michael C. Van Milligen
City Manager
50 West 13t" Street
Dubuque, Iowa 52001
If to Table Mound: David Reynolds
Attn: Legal Dept.
P.O. Box 457
Cedaredge, CO 81413
SECTION 17. APPLICABLE LAW. This MOU is governed by the laws of the state of
Iowa.
SECTION 18. COUNTERPARTS. This MOU may be executed in any number of
counterparts. All counterparts taken together will constitute one and the same MOU.
SECTION 19. EFFECTIVE DATE AND SIGNATURE.
19.1 Execution of this MOU formally evidences that the parties have reviewed and
accept this MOU.
19.2 This MOU is approved and is effective upon the date of the last signature below.
[signature page follows]
11
Page 178 of 797
TABLE MOUND
By: Its General Manager,
RV Horizons, Inc.
CITY OF DUBUQUE, IOWA
By: By:
David H. ReVniolds, Roy
President, RV Horizons, Inc.
Notary page follows:
Attest:
By:
Kevin S/1rnstahl, `City Clerk
12
Page 179 of 797
e 0Iowa
SS:
County �o uque
On this 19�' dl�a 2 0 lf), before Notary public in and
y
3uol
for said state, personally appe d Roy D. Buol, and n S. Firnstahl known to me to
l'
r 4 fore strum
foregoing instrument,
be the person(s) named in and who e to e going strument, and
acknowledged that they executed
Co M r 'Sion Expires
State of. Aduado
) ss:
County ofTL4— )
Notary Public in the
My Commission expires:
mm
On this —dayof "'it 20-11, before me, a Notary public in and
for said state, personally appeared David H. Reynolds known to me to be the person(s)
named in and who executed the foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
FM", BEHNOGET R
PUSLIC - STATE 011F COLORADO
iriepjificatic201540 -)n k -'.8723
ExpireshleY 12,2019
.1 '.. -1
elf Tva— JKWA
My Commission expires: J&W f go I
Notary page for IADUTable Mount NIHP, LLC Memorandum of Agreement with the City of Dubuque, Iowa,
Page 180 of 797.
State of Iowa )
) ss:
County of Dubuque )
On this lye day of Mc rr.h , 2014--), before me, a Notary public in and
for said state, personally appeared Roy D. Buol, and Kevin S. Firnstahl known to me to
be the person(s) named in and who executed the foregoing instrument, and
acknowledged that they executed the same as their voluntary act and deed.
State of
County
On this
�- TPISH L. GLEASON
>ommisston Number719986
s ``v Commission Expires Notary Public in the State of Iowa
i �� • e3• ac7
My Commission expires: f 6) S. Qx/�
ss:
of , 20 , before me, a Notary public i
for said state, personally peared David H. Reynolds known to me to be t .�erson(s)
named in and who executed t fore oin instrument and acknow , ed that the
g g � g y
executed the same as their voluntar�ct and deed.
Notary P'u, lic in the State of Iowa
My Commission 'pires:
page for I ADU Table Mount MHP, LLC Memorandum of Agreement with the City of Dubuque,
Page 181 of 797
EXHIBIT A
TABLE MOUND SYSTEM
13
Page 182 of 797
Ki
Page 183 of 797
EXHIBIT B
MOBILE HOME PARK
15
Page 184 of 797
(o
Page 185 of 797
EXHIBIT C
DRAWINGS AND "AS BUILT" DESIGNS OF CITY WATER DISTRIBUTION SYSTEM
17
Page 186 of 797
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Page 188 of 797
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Page 189 of 797
EXHIBIT D
SANITARY SEWER
21
Page 190 of 797
N
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Page 191 of 797
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Page 192 of 797
EXHIBIT E
J.C. DILLON PLANS
24
Page 193 of 797
Plumbing. Heating. Utilities. Trenchless Technologies. flydro, excavation
To: RVIlorizons Date: 04/19112018
9442Noonan St.
Dubuque, LA, 5.2003
AncrAcka: Robert Thomas Est,#, 02359-18
E-nka* r1honiss&vnianageakeaconi
ProjecObine: Table Mound I Mobile Florne Park &Kerringtortheight Subdivision Sanitary Sewer Imp
Sanitary Sewer Reel[ Home Park
MbifflZatIon
LOOO
IS
Traflic Conant
1.000
i's
03
UV, GRP-8",X 3 irtui
7,05 5,2400
Ur
04
Rollfav&Revacr, Mt Manhole name &Ud W1
COD
27MO
FA
OS
Removed Reiitaco Walide W21
1.00
VA
06
—1.00
--97-
07
Access Mwitale, kinder trziffeORAse tograik. 0830
1.000
RA
08
Paint RqAr-PI pe W579
1.000
RA
09
point Repwr-11 pe 0"13
1.000
RA
10
Reame & Rqg am, Mwitaile under trailer 09.185
1.000
EA
11
Raf;t Buried khaboic OMK
1.400
FA
12
[.Cate & Pulse Onded Withole G9317
1.000
RA
13
Rei a ove & R c, rf arr, MR u hd c M 16
1.000
EA-
14
JUse Hari ed MmInile, W14
1.000
RA
is
Ralkove Sturcturelastdi New Manhole 014311
1.000
EA
16
PoI&Wpair-'IT ORS97
1.000
EA
17
Raise BOO Atowbole ORW
LOOO
EA
19
Pdat RtTdr PIIA-,08613
1.000
FA
10
Point Repair Mpe()=4
TOO
FA
20
Rehab INU4104, ORM
1,000
EA
21
Renim-e & Itelface manbde OF006
1.000
HA
n
13iuiftbAlanhate08318
LOGO
FA
love & Replaw Beach & Trough MautivIC08319
1.000
RA
Sanitary Sewer Repaim-Mobile Ficraek Park Total
Sanitary Sewer Repairs-Kerrington Sub
24.
UV, G1 P-8"X3 anki 1,18,th00
I its"
25
Adj fi.ur 8eav Vi kl wt C tCwdaar Cut, h€ov i caa ae 000
Ud
FA
Sanitary Sewer Ile palm-Kerringjon Sub Total
Satittary Sewer Extension
26
colUmdou to nt m1fall6le 1.000
RA
27
rVIllithalle Type, 11C,48—MA1,301 %Ijock
KA
_28
Suldiary Smwr Gravity Mdu,frenched,121 " PVC I
1515 W Lathy Drive. PO Box 3590 Peoria, IL. 61612 . Main 309-6819-15% Fax 309-689-15%
Vidt ourwebsite lei ,kvsYivjcdIlIonInc.cotu
25
Page 194 of 797
19
Saaltry SoveT PNIC
(R& R)
147,000
LF
34
Filter Socks
500,000
LF
31
Clegrito & CrOU'Ag
1.000
us
32
&0 (1 q.,vortand rAddi I*-Yar(l
2,000
AC
.33
'n'tach Baddit-I , I Clem Stone
3,167MO
LF
34
FI ff ext A Pe nal 09571 Nd tb CLSM
160.000
LF
35
Felt Depth PitcIm-11MA
418.1100
St'
Sanitary So %ver ExWuxion'fotal
Water Main Tim provemeirts
36
histall Master Water Meter Vardt
1.000
KAF-
37
V,'�4"Water WWnMe-lno Ddlevue, Er.
U00
E
38
We trydratitkisemlly
1000
F
34
Chi & Cap Well
1.000
Ell
Water -Main Improvtmentsrolal
mad Total:
J9,DUk&hw. H112rvide:
LabotEquipment, and Mtitcrials
• New nhole Frame& Lids for all structures
0wwrwfflj!ro-,jde.-
• Permits or Permit Fees
• Cznstructian Staking, Tnspection, and En&ceriM
• Ifitaials Testing
• Aces to the site
- Erosion Control other than Wet Filters
Notes:
* None
General Term and Condittorts:
• IC13illorOnc. standard Pay Ternis are (30) thirty days, unless agreed upon in writirg prior to the mart of
the pm*t
• AU pad due accounts will be diarged a rate of 2% per month
• ReTonable attorney fees for unpaid accounts will be the resporisibly o rthe Owner.
• Permk Cormection, or anyother foes are not included, unless they are listed above
• Inspection and Materials Testing Fees are the resportsibility of the Owner
• Local & State Sales Tax is the responsibility of the Owner unless stated above
• Performance and Payment flotul Fees are not included
• J.C. DiUMItic. will not tie held responsible for private utilities uri-marked prior to the start of the projea
All repair to those utilities will be at the, Owner responsibility.
• J.0 Dillon, Inc- guamnteas its worksutyject to the exception stated or implied herein, far a periodof(l)
one year from the completion of the work. The owner will allow access to J.C. Dillon, [a-- to make the
necessary repairs,
26
Page 195 of 797
T C. Dillon; Inc will not accept any back -charges from thz Owner; unless J G Dillon -bc:..has beengiven.
properwritten notice of the Owner intent to back` -charge, andJ.C. Dillon, Inc. is given (72) sevetrty-trvQ
hoursta accept mgponsibility for the cause of the notice and commence,eorrective action to r=edy sarne.
J..C..Dillon Inc. doesnot assume any liability for or indemnify the Owner or Owner Representative from
.damages losses, personal injuries or death attributed to their passive; active or partial negligence:
7.C..Dillon,.1m normal working hours:are 1:00 am thru 330 pm Monday thru Friday, except-UGhdays.
Visa, Master Card, American Express, and Discover is accepted
This estimate is based upon acceptance within (45) forty-five days ofthe:date ofsame. The estimate is:ano ter
to enter into anagreement for the work descnbedhereinbefore, and is deemed an enforceable conttactupon
acceptance. The Owner accepts this estimate either by signature, oral assent, scheduling or commencing the
wor'.:describe,d in this estimate, Any of these modes:of acceptance shall be deemed to incorporate all.:ofthe
tennis of this estimate into the contract between the Owner and J.C. Dillon, Inc.
Ifyou have any questions, feel free to contact us (n, 369-689-1596, and thank you fnrtheopporEiundyto
submii:an estimate onyour project.
Owner.
P lint Signature: Date
J.C. Dillon, Inc.
Print Signature bate
27
Page 196 of 797
RESOLUTION NO. 106-19
RESOLUTION AMENDING , RESOLUTION . NO. 201-18 APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND
IADU TABLE MOUND MHP, . LLC FOR REPAIRS AND IMPROVEMENTS TO ITS
WATER DISTRIBUTION AND SANITARY SEWER COLLECTION SYSTEM
WHEREAS, IADU Table Mound MHP, LLC owns a private water distribution system
that serves three areas outside the City of Dubuque: Table Mound 1 Mobile Home Park,
the Kerrigan Heights subdivision, and seven commercial businesses located on Rockdale
Road; and
WHEREAS, IADU Table Mound MHP; LLC owns a private sanitary sewer collection
system that serves two areas outside the City of Dubuque: Table Mound 1 Mobile Home
Park and the Kerrigan Heights subdivision; and
WHEREAS, the City of Dubuque owns, 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; arid.
WHEREAS, the City of Dubuque owns, operates, and maintains the public sanitary
sewer collection system which serves over 23,000 customers located both in and outside
the corporate limits of the City, and
WHEREAS, IADU Table Mound MHP, LLC wished to make necessary repairs and
improvements to its water, distribution system and sanitary sewer collection system to
make the systems compliant with Iowa Department of Natural Resources requirements
and City of Dubuque standards; and
WHEREAS, after completion of Improvements to the Table Mound water distribution
and sanitary sewer collection system, when its water and sanitary sewer components are
deemed compliant with both Iowa Department of Natural Resources requirements and
City of Dubuque standards, IADU Table Mound MHP, LLC wishes to dedicate portions of
the water distribution and sanitary sewer collection system to the City of Dubuque for
operation as part of the Cit'i of Ili ibuque's water distribution and sanity i/ sewer collection
systems; and
WHEREAS, after improvements have been made and the IADU Table Mound MHP,
LLC's water distribution and sanitary sewer collection system is deemed compliant with
Iowa Department of Natural Resources requirements and City of Dubuque standards, the
IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system
will be connected to the City of Dubuque's water distribution and sanitary sewer collection
system. Customers served by the existing IADU Table Mound MHP, LLC system will be
served by the City of Dubuque's water distribution and sanitary sewer collection systems
after connection; and
Page 197 of 797
WHEREAS, the City desires to accept portions of the IADU Table Mound MHP, LLC
system after the system meets Iowa Department of Natural Resources requirements and
City of Dubuque standards and will serve customers located within the system; and
WHEREAS, the City of Dubuque and IADU Table Mound MHP, LLC wish to enter into
a Memorandum of Understanding for the improvements to. the water distribution and
sanitary sewer collection system, for the dedication of portions of that system to the City
of Dubuque, and for the transfer of water service from IADU Table Mound MHP, LLC 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 seventh WHEREAS clause of Resolution 201-18 is'amended to read
as follows:
WHEREAS, after improvements have been made and the IADU
Table Mound MHP, LLC's water distribution and sanitary.sewer.collection
system:is deemed compliant with Iowa Department of Natural Resources
requirements and City of Dubuque standards, the IADU Table.Mound MHP,
LI-C's water distribution and sanitary sewer collection system will be
connected to the City of Dubuque's water distribution and sanitary sewer.
collection system. Customers served by the existing IADU Table Mound
MHP, LLC system will be served by the City of Dubuque's water distribution
and sanitary sewer collection systems after connection and upon execution
of pre -annexation documents if customers are located outside the City
limits; and
Section 2. 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 3. 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.
Page 198 of 797
..Section 4. The City Clerk is hereby authorized and directed. to record this Resolution.
and all supporting materials with the Dubuque County Recorder.
Passed, approved and adopted this 18th day of March 2019d
Attest:
Kevin SFirnstahl, City Clerk
Roy D. Buol, Mayor
Page 199 of 797
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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. 106-19 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 16th day of April, 2019.
Kevin FirnstalI, CIVIC, City Clerk
Page 200 of 797
Ew—ared tu Nni§g [tii E WaW_Dgp1aftqnt Matta er Addres 901 f a)a tfte t. 7re one;
Retum to: Kevin Firnstahl G y erf Address City Hafft5QW, 130 St Telephone. 589- 121
RESOLUTION NO. 201 1
WHEREAS, lAW Table Mound 'MHP, LLC ownsa private water distribution system
that serves three areas outside the City.of Dubuque: Table Mound 1 Mobile Horne Park,
the Kean Heights ;subdivision, and seven commercial businesses :located on
Rockdale load, and
WHET EA% tADU Table Mound' MHP, LLC owns a private sbbltary sewer doIlecrlo
system that ser► bs two areas outside the City o Dubuque. abla Mound Wbile Horne
Park and the Kerrigan heights subdivision; and
WHEREAS, -the City of Dubuque owns and operates, aria tarr�teir s the City of
Dubuque water distribution system that serves ,over 23,000. customers locates nth in
and outside the corporate limits of the Cif and
WHEREAS, the City ;of Dubuque owns, operates, and raintalrs �klic sanitary
sewer pglti c syster , which serves over 23,000 customers .locat l �� in and
outside the corporate limits of the City; and
WHEREAS, IADIJ Table IMound MHP, LLC wishes to make necessary repairs and
improvements t its water distribution system and sanitary sewer collection system to
make the systems compliant with Iowa Department of Natural Resources requirements
and City of Dubuque standards; and
WHEREAS, after completion of improvements to the Table Mound water distribution
and sanitary sewer collection system, when Its water and sanitary surer components
are deemed compliant with both Iowa Department of Natural Resource requirements
and City of Dubuque standards, IADU Table Mound MHP, LLC wishes to dedicate
portions of the water distribution and sanitary sewer collection system to the tasty of
Dubuque for operation as part of the City of Dubuque's water distributionand sanitary
sewer collection systems; and
WHEREAS, after improvements have been Made and the IADU Table Mound MHP,
LL 's water distribution and sanitary sewer collection system is deemed compliant with
Iowa Department of Natural Resources requirements and City of Dubuque standards,
the IADU Table Mound MHP, LLCs water distribution and sanitary sewer Collection
system will be connected to the City of Dubuque's water distribution and sanitary serer
collection system. Customers served by the existing IADU Table Mound HP; LLC
system will be served by the City of Dubuque's water distribution and sanitary sewer
collection systems after connection; and
Page 201 of 797
WHEREAS , the ity'desir s to accept portions of the i QU Table hound MHP, LL
system after the system meets byre Department of Natural resources requirements
and City of .Dubuque standards and will serve customers located vvithin the system, and .
WHEREAS, the City of Dubuque, and. IADU Table Mound MHP, LLC wish to eater
into a Memorandum of Understanding for the improvements to the water distribution
and sanitary sewer collection system, for the dedication of portions of that system to the
CRY of Dubuque, and for the ,transfer of water service from IADU Tabi Mound .l�/iHR,
LLC to the Clty of Dubuque; and --
WHEREAS, the City ourt ti of the City of Dubuque, Iowa finds that it is in the beet
interests. ofthe Gity to approve this Memorandum ndum of Unde standin
Ni THEREFORE, BE IT RESOLVED 8Y THECITY COUNCIL OF DUBUQUE,.
IOWA AS F L.L OWsi
Section .Tire Mein dm du of Understanding attached Is approved on behalf of`the
City of Dubuque. The Mayor and City Clerk are authorized to exe ute #1Merhorand urn
Of t r defstandingg
Seutron 2. Th City Manager, Cif attorneys and the ity's legal counsel are hereby
authorized to take ail necessary actions to execute this Memorandum of tYnder tandin .
Section 3. The City Clerk is hereby authorized and directed to record this Resolution
with the Dubu4pe County Recorder,
Pas _:approvedand adopted this this �2hd day of July-, 2016.
Attest-,
KevrrvS: Firnsfahf, Clt'Clerk
Page 202 of 797
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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. 201-18 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 16t" day of April, 2019.
Kevi6 S. Firnstahl, CMC, City Clerk
Page 203 of 797