Pre-Annexation Agreement - Thomas & Judith Priebe Copyright 2014
City of Dubuque Consent Items # 12.
ITEM TITLE: Pre-Annexation Agreement - Thomas & Judith Priebe
SUMMARY: City Manager recommending approval of a Pre-Annexation Agreement
with Thomas J. and Judith J. Priebe, for property located at 14928 Old
Highway Road.
RESOLUTION Approving a Pre-Annexation Agreement Between the City
of Dubuque, Iowa and Thomas J. And Judith J. Priebe
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Priebe Pre-Annexation Agreement-MVM Memo City Manager Memo
❑ LC Memo Staff Memo
❑ Vicinity map Supporting Documentation
❑ Agreement Supporting Documentation
❑ Resolution Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre-Annexation Agreement —Thomas J. and Judith J. Priebe
DATE: August 11, 2015
Planning Services Manager Laura Carstens recommends City Council approval of a
Pre-Annexation Agreement with Thomas J. and Judith J. Priebe, for property located at
14928 Old Highway Road, in conjunction with their request to connect to City water.
There is no plan to annex the property at this time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Dubuque
THE CITY OF �'
Dus E '1II17
Masterpiece on the Mississippi •m=• =
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager`°/
SUBJECT: Pre-Annexation Agreement—Thomas J. and Judith J. Priebe
DATE: August 10, 2015
INTRODUCTION
This memorandum transmits for City Council review and approval, a pre-annexation
agreement with Thomas J. and Judith J. Priebe, property owners, in conjunction with
their request to connect to City water. The agreement and related materials are
attached.
DISCUSSION
The subject property is located at 14928 Old Highway Road in Dubuque County, and as
part of connecting to the City's water main, a pre-annexation agreement must be
signed. There is no plan to annex the property at this time. In accordance with this
requirement, Legal staff has prepared the attached pre-annexation agreement, with the
standard ten-year transition in City's share of property taxes as an incentive.
RECOMMENDATION
I recommend that the City Council approve the Thomas J. and Judith J. Priebe pre-
annexation agreement and authorize the Mayor to sign the agreement on behalf of the
City of Dubuque.
Attachments
cc: Barry Lindahl, City Attorney
Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
/ THE CITY OF Dubuque
DUB E ►
1111.
Masterpiece on the Mississippi 2007.2012.2013
Vicinity Map
Applicants: Thomas J. & Judith J. Priebe
Location: 14928 Old Highway Road
Description: Pre-Annexation Agreement
Legend
SEIPPEL CT City Limits
® 14928 Old Highway Road
I
dscuorsx:rns IMamsYm vns cwmn.tl nano Ine
WE.Qve Me Geoypnl[INmisYm 3/Can(OAGI51.'Mdcn
Ircludee mu exam q e em me ay IN neuwe me
wmwoe canny.nle uNetftaM[M,.nlem.ayIN
amoeae•atl walcluao.caeaa.vunzetl me moa warm
em axumlelINom®bm ewlknk.owls em Im swwem eo
M xvnK llv eavegrcnnemy Nlec lINamatlmvC•N
cwNnetl bNn.lne q[yeMOeMclptlrq egercles iNll ml
ee non I mle rar.m mrea.mmaa,ladmakl.mreeauem.l,
pww.,ar m•aa tl.e.aeo..mmner raaxe.bk or
wMeaeeebk,•nvrNaW INNe•NMNetl a unWlgtlxe0
ase INmisw.ormam•bluyrouseme mkmoW avy 1:5,000
bm.cn INx2mMyvts6cerer.
Prepared by: Laura Carstens, City Planner Address: City Hall, 50. W. 13th St: (563)589-4210
Return to: Laura Carstens, City Planner Address: City Hall, 50 West 13th St (563) 589-4210
RESOLUTION NO. 276-15
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND THOMAS J. AND JUDITH J. PRIEBE
Whereas, Thomas J. and Judith J. Priebe, the owner of the following described
property in Dubuque County, Iowa (the Property) have submitted to the City Council of
the City of Dubuque an application for voluntary annexation of the Property to the City of
Dubuque:
Lot 4 Diamond Heights in Dubuque County, Iowa.
; and
Whereas, Thomas J. and Judith J. Priebe have entered into a Pre -annexation
Agreement with the City of Dubuque a copy of which is attached hereto governing the
future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 3687 authorizes the voluntary annexation of
property in Dubuque County, Iowa and the extension of city limits by voluntary
annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive
Plan of the City of Dubuque, necessary for the future orderly growth and development of
the City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the
public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Thomas J. and
Judith J. Priebe and the City of Dubuque is hereby approved.
Passed, approved and adopted this 17th day of August, 2015.
ATTEST:
By: L
Kevin S. Iirnstahl, Cityr erk
By:
Roy D. Buol/layor
IIII 111 IIIIIIUI i 11 IIIII Iij ii of ii HI i 11
Doc ID 008300990025 Type GEN
Kind AGREEMENT
Recorded: 08/20/2015 a 03:06:05 PM
Fee Amt: $127.00 Page of 25
Dubuque County Iowa
John Murphy Recorder
File2015-00010801
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to Kevin Firnstahl, City Clerk, 50 West 13th Street, Dubuque, IA 52001 563-589-4121
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THOMAS J. AND JUDITH J. PRIEBE
This Pre -A vexation Agreement (the "Agreement"), dated for reference purposes
the/ day of , 2015, is made and entered into by and between the
City of Dubuque, Iowa ("City") and Thomas J. and Judith J. Priebe ("Owners").
Whereas, Owners are the legal owners of real estate legally described as:
DIAMOND HEIGHTS — LOT 4
and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real
Estate"); and
Whereas, as of the date of this Agreement, the Real Estate is located within two
(2) miles of the corporate city limits of the city of Dubuque and constitutes territory which
may be annexed by City as provided in Iowa Code Chapter 368; and
Whereas, Owners desire to have the Real Estate annexed by City upon certain
terms and conditions as hereinafter set forth; and
Whereas, notice of the proposed annexation shall be given to the parties legally
required to be notified pursuant to Chapter 368 of the Iowa Code at the time the Real
Estate becomes contiguous to City; and
Whereas, the City Council, after due and careful consideration, has concluded
that the annexation of the Real Estate by City on the terms and conditions hereinafter
set forth would further the growth of City, would provide for the harmonious
010700
development of City, would enable City to control the development of the area and
would serve the best interests of City.
NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY AGREED
AS FOLLOWS:
SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This
Agreement is made pursuant to and in accordance with the provisions of Iowa Code
Chapter 368. The foregoing preambles and recitations are made a part of this
Agreement.
SE TION 2. TERM. The term of this Agreement is from the / day of
, 2015 until the annexation of the Real Estate to City is final.
SECTION 3. PETITION FOR ANNEXATION. Owners, upon execution of this
Agreement, will submit to the City Clerk a Petition for Annexation of the Real Estate by
City, in the form provided in Exhibit B. The City Clerk will file the Petition, submit it to
the City Council for consideration at such time and under such circumstances as the
City Council deems appropriate, and comply with the requirements of Iowa Code
Chapter 368. Pursuant to Iowa Code § 368.7(e), upon execution of this Agreement,
Owner hereby waives the right to withdraw or rescind the Petition and hereby waives
the right to withdraw its consent to the Petition and waives its right to object to
annexation.
SECTION 4. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated with the annexation of the Real Estate, which includes filing and recording
costs.
SECTION 5. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees
that the resolution approving the annexation application shall provide for the transition
for the imposition of City taxes against the Real Estate. The Real Estate shall be
entitled to the following partial exemption from taxation for City taxes for a period of ten
(10) years following the final order of the City Development Board, if such annexation
requires approval by the City Development Board, after the exhaustion of any and all
appeals from the action of the Board by any person or the expiration of the time within
which such appeals may be brought, approving the voluntary annexation of the property
shown on Exhibit A:
1. For the first and second year, seventy-five percent (75%).
2. For the third and fourth year, sixty percent (60%).
3. For the fifth and sixth year, forty-five percent (45%).
4. For the seventh and eighth year, thirty percent (30%).
5. For the ninth and tenth year, fifteen percent (15%).
2
SECTION 6. CITY WATER SERVICES.
6.1 Owners, Owners' hefts, successors and assigns, including but not limited to, the
future owners of the Real Estate will obtain City water services to the Real Estate.
6.2 If Owners, Owners' heirs, successors and assigns, including but not limited to,
the future owners of the Real Estate, obtain water services from a rural water provider
prior to annexation, Owners must use City water services to provide water to the
property upon annexation. For provision of such future City water services to the Real
Estate, the Owners, the Owners' heirs, successors and assigns, including but not
limited to, the future owners of the Real Estate, shall be fully bound, jointly and
severally, to pay the City the sum of any and all amounts the City is required to pay as
compensation to the rural water service provider for losses resulting from annexation of
all or any part of the Real Estate by the City and such amounts as the City may be
required or reasonably agrees to pay the rural water service provider as a settlement for
resolution of any claims, disputes, objections, protests or litigation related to or arising
out of the City providing water service to all or any part of the Real Estate, following
annexation of the Real Estate to the City.
6.3 Owners' connection fees for City water services are set forth in the
correspondence from the City's Water Department attached as Exhibit C.
SECTION 7. OTHER CITY SERVICES. Upon annexation, Owners, Owners' heirs,
successors and assigns, including but not limited to, the future owners of the Real
Estate will for provision of future construction of street paving, curbs and guttering,
storm sewers, water mains, sanitary sewer mains, bicycle paths, and sidewalks by
means of City awarded contracts to be paid by special assessments to be levied against
the Real Estate, the Owners agree that by execution of this Agreement, Owners, the
Owners' heirs, successors and assigns, including subsequent purchasers of the Real
Estate, and each of them, shall pay and are bound to pay the City, the costs of the
aforesaid improvements assessed to the Real Estate, by action of the governing body of
the City, after notice of hearing as provided by Iowa Code Section 384.50, the
provisions of Iowa Code Section 384.38 notwithstanding.
SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, successors and assignees and shall
be recorded with the Real Estate and will apply to any subsequent plats and/or
subdivisions of the Real Estate.
SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is
held invalid, such invalidity shall not affect any of the other provisions contained herein.
3
SECTION 10. DEFAULT.
10.1. Failure by Owners to substantially observe or perform any material covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement constitutes an Event of Default.
10.2. Whenever any Event occurs and is continuing, City may take any one or more of
the following actions after giving written notice by City to Owners of the Event of Default,
but only if the Event of Default has not been cured within sixty (60) days following such
notice, or if the Event of Default cannot be cured within sixty (60) days and Owners do
not provide assurances to City that the Event of Default will be cured as soon as
reasonably possible thereafter:
(1) City may suspend any part of or all of its performance under this
Agreement until it receives assurances from Owner, deemed adequate by
City, that Owner will cure its default and continue its performance under
this Agreement;
(2) City may cancel and rescind this Agreement;
(3)
Owners will reimburse City for all amounts expended by City in connection
with the Agreement, and City may take any action, including any legal
action it deems necessary, to recover such amounts from Owners;
(4) City may take any action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any payments
due under this Agreement or to enforce performance and observance of
any obligation, agreement, or covenant under this Agreement.
SECTION 11. NOTICES. Any notice to be delivered pursuant to the terms of the
Agreement shall be delivered or mailed by certified mail, return receipt requested, to the
respective parties at the following addresses:
If to City:
If to Owners:
City of Dubuque
City Clerk
50 West 13th Street
Dubuque, Iowa 52001
Thomas J. and Judith J. Priebe
14928 Old Highway Road
Dubuque, Iowa 52002
SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of
the City of Dubuque, Iowa in its sole discretion.
4
CITY OF DUBUQUE, IOWA
By:
ATTEST:
Kevin . Firnstahl, City Clerk
OWNER
By:/� ""
homas JvPriebe
Bv:
On this/ ay of6 , 2015, before me, a Notary Public in and for said
state, personally appear -d 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 d d.
PAMELA J, McCARRON
Commission Number 772419
My Comm, Exp, L - -201sl
Notary Public the State of Iowa
My Commission expires 'Y5ZNY
On this day of .Ob' , 2015, before me, a Notary Public in and for said
state personally appea =d Thomas J. and Judith J. Priebe 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.
SUE PETERSON QUIN$
Commission Number 706673
My Commission Exp;ret
5
Notary Public in the State of Iowa
My Commission expires //--d.S
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
EXHIBIT C: Water Connection Fee
EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
DIAMOND HEIGHTS - LOT 4
8
EXHIBIT B
PETITION FOR ANNEXATION
9
DATE FILED
TO: Mayor and City Council of the City of Dubuque, Iowa
Board of Supervisors, Dubuque County, Iowa
The Petitioners Respectfully States Under Oath:
1. That the Petitioners are the sole owners of record of the following legally described land
hereinafter to as the "Real Estate". See attached Exhibit A: Legal Description and Plat of
Annexation. The Real Estate is further identified as parcel number
2. The Real Estate is not situated within the limits of any municipality, but is contiguous to the
City of Dubuque, Iowa. See attached Exhibit A: Legal Description and Plat of Annexation.
The Petitioners Respectfully Request:
1. That the above-described Real Estate be annexed to the City of Dubuque by resolution of the
Mayor and City Council of the City of Dubuque, Iowa, pursuant to Chapter 368 of the Code of
Iowa.
2. That such other action may be taken as is appropriate in the premises.
We, the Petitioners, hereby state that the preceding statements and all statements made in
supplementary material, and all attached documents submitted by me are true and correct.
We, the Petitioners, hereby acknowledge that pursuant to Iowa Code § 368.7(e), and upon
execution of the attached Pre -Annexation Agreement, Petitioners hereby waive the right to
withdraw or rescind this Petition and hereby waive the right to withdraw consent to this Petition
and waive the right to object to annexation.
Signed on this day of 2013.
Telephone: 563- Telephone: 563 -
Subscribed and sworn before me this
Notary Public
ATTACHMENTS:
EXHIBIT B-1:
EXHIBIT B-2:
day of , 2013.
Legal Description and Map of Area to be Annexed
Pre -Annexation Agreement
10
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
DIAMOND HEIGHTS - LOT 4
11
12
EXHIBIT B-2
PRE -ANNEXATION AGREEMENT
(A signed Pre -Annexation Agreement will be inserted once executed)
13
EXHIBIT C
WATER CONNECTION FEE
14
THE CITY OF
DUB
asterpiece on the
September 8, 2014
Thomas & Judith Priebe
14928 Old Highway Road
Dubuque, Iowa 52X)2
RE: Water Connection @ Diamond Heights — Lot 4
Parcel: #10-31-152-004
Address: 14928 Old Highway Road
Dear: Customer
Water Distribution Divfsion
925 Kerper Court
Dubuque, IA 5200
Office (563) 589-4305
Fax (563)589-4204
TTY (563) 600-6675
bschue1I(Ocityoldubuque,org
www.eityofdubuque,011,1
This letter is in regards to a water connection fee associated with the property noted above.
Currently, the City of Dubuque collects a water connection fee for any city -funded water main, installations,
past and present. The water main on Old Highway Road was funded and installed by the City Water
Department to function as a transmission main from Eagle Point Water Plant and to serve the citizens of
Dubuque. However, a portion of the cost to install the main must be paid by property owners who wish to be
served by municipal water supply.
As per City Ordinance, this cost or connection fee is calculated by multiplying the property footage that is
adjacent to the water main by the current front footage fee. Your Property footage along Old Highway Road
and adjacent to the water main is 226.55 feet. The prevailing front footage fee is S28.00 / lineal foot.
Therefore, your total connection fee equals 226.55 feet X $28.00 / lineal foot or $6,343.40. This amount is
not assessed to your property taxes. Payment is due before completion of water connection can be made on
the water main. Please make your payment to the Utility Billing Department at first floor City Hall. Make
any checks payable to the City of Dubuque.
If you have any questions regarding this
Distribution office (363-5894305).
Sine ely,
Brant Schueller
Water Distribution
Engineering Assistant
t
to nait me a
the Water
Attachment: #1 - City of Dubuque Ordinance, Title 13, Public Utilities, 13-1A-3: Tap Charges
cc: File
Setvice Pohle Integrity kespensibility imo%arion Teamwork
15
ARTICLE A. CONNECTIONSCm
A-1: MANDATORY CONNECTION: NOTICE* COMPLETION OF WORK:
13 -IA -2: APPLICATION FOR SERVICE CONNECTION;
- A4: TAP CHARGES:
131A4: CONDITIONS FOR SERVICE TAPS BY CITY;
134A5: SERVICE CONNECTIONS INSTALLED;
- A: INSTALLATION STANDARDS AND MATERIALS:
1 - A-7: APPROVAL BEFORE BACKFILLING:
A-8: ALTERATION TO SERVICES:
-1A-9; SEPARATE CONNECTIONS:
3-1A-10: WATER SUPPLY CONTROL DEVICES:
3-1A-11 ; REQUIRED DEPTH OF SERVICE PIPES:
A-12: INSTALLATION AND MAINTENANCE AT EXPENSE OF OWNER;
A-13: CONNECTING CITY LINES TO PRIVATE SYSTEMS RESTRICTED:
13-1A-1: MANDATORY CONNECTION; NOTICE; COMPLETION OF WORK:
A. City Authority To Require: Before any street, highway, avenue, alley or public ground is permanently
improved, the city council, by the passage of a resolution, may require connections from water mains
to be made by the owners of abutting property to the curb line of such property, and a notice of such
requirements shall be given to the property owners as herein provided for. (2007 Code § 44-146)
B. Notice To Owners To Connect: As soon as the resolution requiring connections to be made as
provided for in subsection A of this section is passed and adopted by the city council, a written notice
shall be served upon all persons owning property along the street, avenue or alley proposed to be
improved, which notice shall order such property owner to make connections to the curb line with
water mains located in such streets, and thereupon it shall be the duty of the owners of such property
to comply with such notice, The notice shall prescribe whether or not more than one connection is
required to be made and the description of the lot or parcel of real estate to which the same is to be
made and, in each instance, such owner shall be advised of the number of connections that are
required to be made. (2007 Code § 44-147)
C. City Authority To Make Connection After Notice: If a property owner upon whom notice has been
served pursuant to subsection 8 of this section to make the connections as provided for in subsection
A of this section, should fail or refuse to make such connections within the time provided for in such
notice, then the city council may proceed to have said connection upon a contract made and entered
into for that purpose and the cost of making such connections shall be assessed to the property owner
and shall be collected in the same manner as other special assessments are collected, except that the
whole amount of such assessments shall become due at once and shall not be payable in
installments, (2007 Code § 44-148)
D. Time Limit Fcr Completion After Notice: The resolution passed by the council pursuant to subsection A
of this section and the notice that is served upon the property owner shall prescribe the time within
httio://www.sterlinge difierarcomicodebookigetBookData.php?ith--84section jd=533367 09/25/2014
16
Sterling Codifiers, Inc, Page 2 of 7
which connections are to be made with such mains as provided for in such resolution, and this notice
shall be final unless the time is extended by the city council upon application made therefor, or if
conditions should arise which would make it impossible for the property owner to make the
connections required, (2007 Code § 44-149)
13-1A-2: APPLICATION FOR SERVICE CONNECTION: t
Application for water service connections must be made in writing to the city manager by a plumber
authorized by the owner of the property to be served or by the owner or other agent of such property.
Such application must be made upon blanks furnished by the city and must be properly filled out, giving
all the information required thereon. (2007 Code § 44150)
13-1A-3: TAP CHARGES: LI ra
A. Authority To Establish Connection Charge: The city manager is hereby directed to establish a charge
for new connections andior a charge for the installation of taps to the water mains, which charge shall
be fair and reasonable considering the current costs of material and labor.
B. Locations Where Water Main Installed Since 1951 Annexation: Al any location within the city limits
where a water main was installed since the annexation of November 7, 1951, and no previous
assessment or charge has been paid for water taps, the prevailing per linear front foot connection
charge shall be paid in cash to the city water department before a water service connection shall be
made. (2007 Code § 44-151)
13 -IA -4: CONDITIONS FOR SERVICE TAPS BY GITY:
A. Application Approval Payment Of Certain Charges: Upon the filing and approval of a proper
application and the payment of the installation charge, the city shall make the taps for connections o
the water mains, but all necessary excavation shall be furnished and paid for by the applicant.
B. Taps Outside City Limits: Sections 13-1A-2 and 13-1A-3 of this article and subsection A of this section
are subject to the condition that the city shall make no taps for new connections outside of the city
limits, nor shall any permit be issued therefor, without prior approval of the city council and under such
terms and conditions as the city council may, in its discretion, in each instance, establish, (2007 Code
§ 44-152)
13 -IA -5: SERVICE CONNECTIONS
TALLE
I
http:/Amw.s rlinacodifiers,com/codebook/actBookData.php7id= - ection_id=533367 09/25/2014
17
Sterling Codifiers, Inc.
Page 3 of 7
A. As used in this section, the phrase "service connection" shall include al those facilities used to supply
and control the water from the main to the meter including the tap and the meter.
B. The installation of all service connections shall be made by employees of the city, by duly licensed
plumbers, or by persons specially authorized by the city manager. Al pipefittings and materials shall
be approved by the city manager. (Ord. 33-09, 6-15-2009)
13-1A INSTALLATION STANDARDS AND MATERIALS:
A. Service, Material; Method Of Laying;
1. Copper pipe used in service connections shall be cod drawn seamless tubing with a proper
bending temper so that a full section shall withstand being bent cold through one hundred eighty
degrees (180*) without oracking on the outside of the bent portion around a pin the diameter of
which is one and one-half (11/2) times the inside diameter of the copper pipe. The purity of the
copper used shall be at least ninety nine and nine -tenths percent (99,9%), and shall have a tensile
strength of thirty thousand (30,000) pounds per square inch with a minimum elongation of one inch
(1") in four Inches (4"). The minimum weights and thicknesses of copper service pipe per foot length
shall be as follows,
Copper Service Pipe Minimum Weigh
(Per Foot Length) . (Pounds)
go
k 4
Minimum Thickness
(Inches)
0 .64
0 .065
11 1T
134"
11/2"
2"
21/2"
0 .838
1 .036
1 .360
2 .062
2 .92
.065
0 .065
0 .072
0 .083
0 .095
Federal specifications - domestic type K copper,
2. NI ductile iron services to be laid from the street main to the inside of the building line shall be in
accordance with ASA specifications A21.5, or AMA specifications, as approved by the city
manager.
3. Pipe shall be furnished in class 200 for two hundred (200) psi operating pressure, five foot (5')
cover, trench condition B.
httper/www.sterlingcodifiers.cernieodehoeki ate.php?ide,§ion_id=533367 09/25/2014
18
Sterling Codifiers, Inc.
Page 4 of 7
4. Pipe shall be asphaltic coating outside and cement lined inside (ASA A21.4 or AWWA Ci04
specifications). (2007 Code § 44-154)
B. Minimum Se Of Service Pipe: No water service pipe from the main to any building shall be 1e85 than
three-fourths inch (") size. (2007 Code § 44-155)
13 -IA -7: APPROVAL BEFORE BACKFILLING:
A. Closing Curb Shutoff: Plumbers installing water service connections for any building shall close the
curb shutoff and leave it closed upon completion of their work, and when pipes are laid to the curb
only, they shall close the end of the pipe or fitting with a tight metal plug or cap.
B. Testing Pipes Under Pressure: After completion of the installation, all service pipes must be tested
under pressure in the presence of an authorized representative of the city before being covered and a
final written approval given, otherwise water will not be served through same. (2007 Code § 44-156)
13-1A-8: ALTERATION TO SERVICES:
After a service connection has been laid, no plumber or other person shall make any attachment or
connection to it, or extend same for any use, unless such plumber or other person shall procure a written
permit therefor from the city manager, speciing the particular additions, repairs or alterations to be
made. (2007 Code § 44-157)
13-1A-9: SEPARATE CONNECTIONS: t
A. Separate Connections To Each Building: There shall be a separate service pipe laid from the water
main to each building or each side of a double house, unless the same party owns all the buildings to
be supplied, in which case such party may install a single line, but must install only one meter and be
responsible for the payment for all water passing through it. (2007 Code § 44-158)
13, Connection Between Services Prohibited: Where there are two (2) or more services an premises, the
piping from each service must be kept separate, and no connection made from one to the other. (2007
Code § 44-16)
13-1A-10: WATER SUPPLY CONTROL DEVICES:
littp://www.sterlingcodifiers.comicodebooldgetBookData.php?id= etion_id-,533367 09/25/2014
19
Sterling Codifiers, Inc. Page 5 af 7
A. Service Shutoffs And Valve Boxes: A curb box and shutoff for controlling the supply of water to
consumers shall be placed on every service. When connections are made in streets, the stop box
shall be placed twelve inches (12') inside from the back of the curb; if no curb exists, it shall be placed
twelve inches (12") outside the sidewalk or sidewalk line, When made in alleys, it shall be placed
twelve inches (12") outside the lot line, The cover of such box shall be maintained at the same height
as the sidewalk or the surrounding ground. Property owners are not allowed to cover stop boxes with
ashes, dirt or other material, and the same must be readily accessible at all times. (2007 Code § 44-
150)
B. Curb Cock: The curb shutoff shall be inserted in the service pipe so that the tee head shall be parallel
with the curb or alley line when the water is turned off. Such curb cock shall be what is known as
inverted key, Minneapolis pattern, round way, having AWWA thread for flared copper tube at both
ends. \e/hen a Buffalo type stop box is used, the curb cock must also be provided with a piece of pipe
screwed onto the top of the cock, twelve inches (12°) long, which will serve as a guide for the stop box
key. When a Minneapolis type stop box is used, the bottom section of the box must be screwed to the
top of the curb cock, (2007 Code § 44-160)
C. Stop Box: The stop box used shall be of a design as approved by the city manager and fitted with a
substantial cover on which shall be marked the word "water" in raised letters. Tihe stop box for use
with three-fourths inch (3/4") and one inch (1") curb cocks shall have an unobstructed opening of at
least one and one-half inches (11/2") in diameter, The stop box for use with curb cocks lamer than one
inch (1') shall have an unobstructed opening of at least two inches (2") in diameter. All stop boxes
shall be installed perfectly plumb and be of such length as to conform to the required depth cif cover
on the service line, when the top section is halfway between the adjustable limits of the box (thus
allowing the top section to be raised or lowered), (2007 Code § 44-161)
D. Gates On Large Services: All ductile iron service pipes or pipes two inches (2") or more in diameter
shall be provided with two (2) gate valves, one at a point as near the main as possible and the other
just inside the building wall, The valve box used on the outside valve must be of a standard pattern
similar to those used by the city water department on the distribution system. (2007 Code § 44-162)
B. Stop And Waste Cock:
1. Every service pipe must also have a stop and waste cock placed in the building within two feet (2')
of the point where the pipe enters the building and on the inlet side of the meter. Said stop must
have a wheel attached to turn the same, and be kept in working order at all times so that the water
may be shut off by the occupant of the premises.
2. There shall also be a valve placed on the outlet side of the water meter, not more than three feet
(3') from the meter, so that the meter can be taken out or replaced without draining the pipe system
of the building. (2007 Code § 44-163)
F. Interference With Shutoff: No one except a city employee, a person specially authorized by the city
manager or the city manager's designee. or a person under the supervision of a licensed plumber
shall turn on or shut off the water at the outside shutoff or stop box; provided, however, that licensed
http://www.sterlingeodifiers.comkodeb kigetBookData.php7icl--§ion jd=533367 09(25/2014
20
SterlingCodifiers, Inc. Page 6 of 7
plumbers or persons under the supervision of a licensed plumber may turn on ar off the water for
testing plumbing or making repairs, provided permission is obtained in advance from the city, but,
whenever so used, the shutoff must be left dosed, if found dosed, and open if found open by the
plumber or person under the supervision of a licensed plumber who uses it. (Ord. 30-09, 6-15-2009)
G. Maintenance Of Shutoff By Owner: The curb box and shutoff must be kept in good condition and ready
for use at all times by the owner. Should the owner neglect to maintain such box and shutoff in a
proper condition to be used, and if the stop box is found to be filled up, ar the stop box or shutoff found
to be out of repair at any time, the city shall have the right to clean or repair the same when needed
without giving notice, and charge the cost thereof to the owner, and if payment is refused, may tum off
the water in the service until same is paid. (2007 Code § 44-165)
13-1A-11: REQUIRED DEPTH OF SERVICE PIPES:
Service pipes must be laid at least five and one-half feet (5112) below the surface of the ground. No
shutoff shall be placed less than five and one-half feet (51/2') nor more than six and one-half feet (61/2')
below the surface of the established street grade. (2007 Code § 44-167)
131A-12: INSTALLATION AND MAINTENANCE AT EXPENSE OF OWNER:
A. Owner Liable For Expenses; All service connections, including the corporation cock, shall be installed
and maintained at the expense of the owners of the property served.
B, Notify Owner Of Defects Or Leaks: If the city manager shall find that any such service connection has
become defective or leaks, the city manager may give written notice to the owner of the property
served by such connection, describing the defect and directing the owner to repair the same. If such
defect is not promptly repaired by the owner, the water may be turned off until the repair has been
made, If the defect is a leak and such leakage continues for more than three (3) days after such
written notification, the property owner shall be charged a rate per day, as established by the city
manager, after official publication, for each day thereafter that such leakage continues. (2007 Code
§ 44-168)
13 -IA -13: CONNECTING CITY INE PRIVATE SYSTEMS RESTRICTED: j 1
A. Use Of Water From Sources Other Than City: All connections supplied with water from the city mains
shall be supplied exclusively with such water and no connection shall be allowed with any other
system drawing its supply from any other source, unless such connection is installed and maintained
in accordance with the approval of the city manager, and no auxiliary or secondary suction pipe to any
fire pump taking water from any other source will be permitted.
http://www.sterlingcodifiers.cornicodebookigetBookData,php?id=§ion jd=533367 09/25/2014
21
Sterling Codifiers, Inc. Page 7 of 7
B. Double Check Valve System: Where such connection or duplicate system existed on February. 9, 1959,
the city manager may require the owner of the premises to install a modem double check valve
system of the type generally known as the "factory mutual" fire service connection. Should the owner
neglect or refuse to make the required changes within ten (10) days, the city supply shall be shut off,
(2007 Code § 44-169)
http://www. in2codifiers.comicodebookigetBookData.php?id=§ion_id=533367 09/25i2014
22
Prepared by: Laura Carstens, City Planner Address: City Hall, 50. W. 13th St: (563)589-4210
Return to: Laura Carstens, City Planner Address: City Hall, 50 West 13th St (563) 589-4210
RESOLUTION NO. 276-15
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND THOMAS J. AND JUDITH J. PRIEBE
Whereas, Thomas J. and Judith J. Priebe, the owner of the following described
property in Dubuque County, Iowa (the Property) have submitted to the City Council of
the City of Dubuque an application for voluntary annexation of the Property to the City of
Dubuque:
Lot 4 Diamond Heights in Dubuque County, Iowa.
; and
Whereas, Thomas J. and Judith J. Priebe have entered into a Pre -annexation
Agreement with the City of Dubuque a copy of which is attached hereto governing the
future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 3687 authorizes the voluntary annexation of
property in Dubuque County, Iowa and the extension of city limits by voluntary
annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive
Plan of the City of Dubuque, necessary for the future orderly growth and development of
the City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the
public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Thomas J. and
Judith J. Priebe and the City of Dubuque is hereby approved.
Passed, approved and adopted this 17th day of August, 2015.
ATTEST:
By:
Kevin S. tirnstahl, City ; erk
By:
Roy D. BuoIi ayor
STATE OF IOWA
CERTIFICATE of tfie CITY CLERK
) 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. 276-15 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 18th day of August, 2015.
Ke&in` S. Firnsahl,a C, City Clerk