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Pre-Annexation Agreement - Joseph & Enid Wysocki
Copyright 2014 City of Dubuque Consent Items # 13. ITEM TITLE: Pre-Annexation Agreement - Joseph & Enid Wysocki SUMMARY: City Manager recommending approval of a Pre-Annexation Agreement with Joseph A. and Enid E. Wysocki, for property located at 14946 Old Highway Road. RESOLUTION Approving a Pre-Annexation Agreement Between the City of Dubuque, Iowa and Joseph A. and Enid E. Wysocki SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ wysocki Pre-Annexation Agreement-MVM Memo City Manager Memo ❑ Laura 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 — Joseph A. and Enid E. Wysocki DATE: August 11, 2015 Planning Services Manager Laura Carstens recommends City Council approval of a Pre-Annexation Agreement with Joseph A. and Enid E. Wysocki, for property located at 14946 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 THE CITY OF Dubuque fid DUB E Masterpiece on the Mississippi Nx -M2•mu TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager"�ao___ SUBJECT: Pre-Annexation Agreement—Joseph A. and Enid E. Wysocki DATE: August 10, 2015 INTRODUCTION This memorandum transmits for City Council review and approval, a pre-annexation agreement with Joseph A. and Enid E. Wysocki, 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 14946 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 Joseph A. and Enid E. Wysocki 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 U THE CITY OF Dubuque Cft DUB E kwAnd it l l r Masterpiece on the Mississippi 200,,,2012.2033 Vicinity Map Applicants: Joseph A. & Emid E. Wysocki Location: 14946 Old Highway Road Description: Pre-Annexation Agreement Legend ® 14946 Old Highway Road l City Limits SEIPPEL C7 pSC Vt:TNS etla cnw c W thing the Mu eMe Gaogrephlc InlomeWS =(DAGIS),w h lwuE Gla creelet ty GA the MY M DAuque eM POWYCCWrhY I�huntlmYOW IbL MIeIM CINb aeuque ena p.NCpN�p.aem'es uuoeeeme nnY area em saua)e ertpniYam wNnele.DnGls.ne us e�w.sG rG vvrtaY me saveeyae�m aide inroeehW aNX cumnea mrNn.me GMeMveMcpeaq sywdazzlun ml M Mb I eGle to eM elMtl.InNCC.IMGenlel,cOM1S ryueNim. puallw,mspaWl earmp0 heMeeriweswe0bar ukae He date athe In¢of the=tft tl a wuutoft, lsemmle au.al�e mahllnyrousv)Nsemaemacy 1:4,000 eieun ervmmmr.mee:a-.x. 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. 277-15 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOSEPH A. AND ENID E. WYSOCKI Whereas, Joseph A. and Enid E. Wysocki, 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 3 Diamond Heights in Dubuque County, Iowa. ; and Whereas, Joseph A. and Enid E. Wysocki 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 368.7 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 Joseph A. and Enid E. Wysocki and the City of Dubuque is hereby approved. Passed, approved and adopted this 17th day of August, 2015. By: t9 Roy D. Buol,ayor ATTEST: By: Kevin . Firnstahl, City Clerk UI 11 011011 11 11 11 0E11 11 Doc ID 008301000025 Type GEN Kind AGREEMENT Recorded: 08/20/2015 at 03:06:53 PM Fee Amt: $127.00 Page 1 of 25 Dubuque County Iowa John Murphy Recorder File2015-00010802 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 JOSEPH A. AND ENID E. WYSOCKI his Pre -A nexation greement (the "Agreement"), dated for reference purposes the/ day of116 , 2015, is made and entered into by and between the City of Dubuque, Iowa ("City") and Joseph A. and Enid E. Wysocki ("Owners"). Whereas, Owners are the legal owners of real estate legally described as: DIAMOND HEIGHTS — LOT 3 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 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' heirs, 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 Joseph A. and Enid E. Wysocki 14946 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: Roy D. Buol/ ayor ATTEST: Kevin Firnstahl, City Clerk OWNER By: By: LIVAt4-4-eit: septi A. Wysocki Enid E. Wysocki On thiV day of , 2015, before me, a Notary Public in and for said state, personally apeared 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 -ed. PAMELA J. McCARRON Commission Number 772419 My Comm. Exp. —5-2.01 J,,.!, ' 177/702 Notary Public• the State of Iowa My Commission expires 'V --S—,20 On this 3rd day of 1, guy , 2015, before me, a Notary Public in and for said state personally appeaFed Joseph A. and Enid E. Wysocki 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. JAMES J. WAGNER Commission Number 751695 My Co mis ion Expires 5 the State of Iowa My Commission expires 3/////7 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 3 co'S 15E09 9,56 I 0<" CD 0 us 0 0. 3 c 0 3 0 0 a. 51' 3 o) 0 as 0 0) us 5 0 0. 0. 0 0, cti 0) 0 0. 264.75 78__-------- . •-)02:113cidl3S 4=,. 1 v iv ''; •.P. 8 I / 0 1 214.7 48.58 8 x - 1 1 \ 0, — \ 2 r 40 —.. .. 0 \ !0?;41 101 8 1 4= POD1 1 01 6LZ -Cgt N. CD 1, 1 1 0 1.00Z01 1 CO 2! 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 , 2015. Telephone: 563- Telephone: 563 - Subscribed and sworn before me this day of , 2015. Notary Public ATTACHMENTS: EXHIBIT B-1: EXHIBIT B-2: 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 3 11 *Notice - These maps are compiled for assessment and tax information purposes from official county records. AH map ormation shown is for the forgoing purpose and does not represent a survey of land, 12 EXHIBIT B-2 PRE -ANNEXATION AGREEMENT (A signed Pre -Annexation Agreement will be inserted once executed) 13 EXHIBIT C WATER CONNECTION FEE 14 Masterpiece an the Ailississippi Sept rnber 8, 2014 Joseph & Enid Wysocki 14946 Old Highway Road Dubuque, Iowa 52002 Dubuque 2007 2,0I2 .2011 RE: Water Connection © Diamond Heights — Lot 3 Parcel: #10-31-152-003 Address: 14946 Old Highway Road Dear: 'Customer Water Distribution Division 925 Kerper Court Dubuque, IA 52001 Office (563) 589-4305 Fax (563) 589-4204 • TTY (563) 690-0673 bschuell@eityoftlubuque.org, www.eiryofitubuque.org, 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 110 feet. The prevailing front footage fee is $28.00 / lineal foot. Therefore, your total connection fee equals 110 feet X $28.00 / lineal foot or $3,080.00. 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 matter, please feel o call me at the Water Distribution office (563-589-4305). S Meer 1 , Brant Schueller Water Distribution Engineering Assistant Attachment: #1 - City of Dubuque Ordinance, Title 13, Public Utilities, 13-1 A-3: Tap Charges cc: File Sarvic4! People littewity Responsibility 15 Innovation Teorttworl: ARTICLE A. CONNECTIONS 1A1: MANDATORY CONNECTION: NOTICE; COMPLETION OF WORK: -1A-2: APPLICATION FOR SERVICE CONNECTION: 13-1A4: TAP CHARGES: 13-1A-4: PONDITIONS FOR SERVICE TAPS BY CITY; 13-1A-5: SERVICE CONNECTIONS INSTALLED: 13-1A-6; INSTALLATION STANDARDS AND MATERIALS; 13-1A-7: APPROVAL BEFORE BACKFILLING: 134A-8: ALTERATION TO SERVICES: 13-1A-9: SEPARATE CONNECTIONS: -1A-10: WATER SUPPLY CONTROL DEVICES: 13-1A-11; REQUIRED DEPTH CF SERVICE PIPES: A-12: INSTALLATION AND MAINTENANCE AT EXPENSE OF OWNER: 13-1A13: CONNECTING CITY LINES TO PRIVATE SYSTEMS RESTRICTED: 13 -IA -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 tot 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 13 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) ID, Time Limit For 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 http://www.steriingeodifiemconi/codebookigetBookniata.php?id=§ion 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: el 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 § 44-150) 13-1A-3: TAP CHARGES: ej A. Authority To Establish Connection Charge: The city manager is hereby directed to establish a charge for new connections andfor 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: At 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) 13-1A-4: CONDITIONS FOR SERVICE TAPS BY CITY: 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 to 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) 13-1A-5: SERVICE CONNECTIONS INSTALLED: http://-www.sterlingeodifiers.com/codebook/2etBook.Data.php?id=§ion jd=533367 09/25/2014 17 Sterling Codifiers, Inc. Page 3 of 7 A. As used in this section, the phrase "service connection" shall include all those facilities used to supply and control the water from the main to the meter including the tap and the meter, 13, 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. All pipefittings and materials shall be approved by the city manager. (Ord. 33-09, 6-15-2009) 13-1A-6: NSTALLATIQN STANDARDS AND MATERIALS: A. Service, Material; Method Of Laying; 1. Copper pipe used in service connections shall be cold drawn seamless tubing with a proper bending temper so that a -kill section shall withstand being bent cord through one hundred eighty degrees (180') without cracking 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 (30000) 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 (Per Foot Length) j Minimum Weight 1 Minimum Thickness I (Pounds) - (inches) 3 1" 134. 2" 2112" .64 2 .92 0 .065 0 .065 0 .065 0 .072 0 .083 0 .095 Federal specifications - domestic type K copper. 2. All 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 AVW/A 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, http://www,sterlingeodifiers.comlendebookigetBookData.php?id=&s _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 AVVWA C104 specifications), (2007 Code § 44-154) B. Minimum Sze Of Service Pipe: No water service pipe from the main to any building shall be less than three-fourths inch (3f4) size. (2007 Code § 44-155) 13-1A-7: APPROVAL BEFORE BACKFILLING: A. Closing Curb Shutoff: Plumbers installing water service connections far 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 waterwill 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, specifying the particular additions, repairs or alterations to be made. (2007 Code ,§ 44-157). 13- A-9: SEPARATE CONNECTIONS: 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 ail 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) B. Connection Between Services Prohibited: V‘There there are two (2) or more services on premises, the piping from each service must be kept separate, and no connection made from ane to the other, (2007 Code § 44-166) 13-1A-10: WATER SUPPLY CONTROL DEVICES: http://www.sterlinzeodifiers,comteodeboo etBockData,php?id= ,section j&---533367 09/25/7014 19 Stcrling Codifiers. Inc. Page 5 of 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 ar other material, and the same must be readily accessible at all times. (2007 Code § 44- 159) 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. When 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. The 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 larger 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 of 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) 0. 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 an 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) E. 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 ar 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, ar a person under the supervision of a licensed plumber shall turn on ar shut off the water at the outside shutoff or stop box; provided, however, that licensed http://www.sterlingcodifiers.comicodeboo etBookData.php?id----§ion_id=533367 09/25/2014 20 Sterling Codifiers, Inc. Page 6 of 7 plumbers or persons under the supervision of a licensed plumber may turn on or 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 closed, 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, or 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 turn off the water in the service until same is paid. (2007 Code § 44-165) 13 -IA -11: REQUIRED DEPTH OF SERVICE PIPES: 4*, Service pipes must be laid at least five and one-half feet (51/2') 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) 13-1A-12: INSTALLATION AND MAINTENANCE AT EXPENSE OF OWNER: ej 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. 8, 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) 13-1A-13: CONNECTING CtTY LINE$ TO PRIVATESYSTEMS RESTRICTED: 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.sterl ingcodifiers.comicode o ki„,etB okData.php?id=§ion jd=533367 /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.sterlingeodifters.comicodebook/getBookDataphp?id=84section jd=533367 09/25/2014 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. 277-15 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOSEPH A. AND ENID E. WYSOCKI Whereas, Joseph A. and Enid E. Wysocki, 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 3 Diamond Heights in Dubuque County, Iowa. ;and Whereas, Joseph A. and Enid E. Wysocki 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 3681 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 Joseph A. and Enid E. Wysocki and the City of Dubuque is hereby approved. Passed, approved and adopted this 17th day of August, 2015. ATTEST: By: % . Kevin s. Firnstahl, City Clerk By: Roy D. Buol,layor STATE OF IOWA CERTIFICATE of the 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. 277-15 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. Kevin(S. Firnstahl, CMC, City Clerk