US 20 Bridge IDOT ROWMEMORANDUM
September 10, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Iowa Department of Transportation Agreement for Right-of-Way
Acquisition for Construction of A New US 20 Bridge Crossing
Public Works Director Mike Koch recommends execution of the agreement between the
City of Dubuque and the Iowa Department of Transportation (IDOT) for right-of-way
acquisition for the construction of a new US 20 bridge crossing of the Mississippi River
between the City of Dubuque and East Dubuque, Illinois.
The agreement provides that IDOT acquire all rights-of-way for construction of the
bridge and the bridge approaches. The City agrees to accept ownership of any right-of-
way acquired by IDOT for the construction or connection of any City street to the
proposed highway.
The City will be responsible for providing, at no cost to IDOT, any needed right-of-way
that is currently owned by the City, except parkland and except for the value of
improvements situated on any such City-owned property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
_____________________
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:Iowa Department of Transportation Agreement for Right-Of-Way
Acquisition for Construction of A New US 20 Bridge Crossing
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 9, 2002
INTRODUCTION
Enclosed is a proposed agreement between the City of Dubuque and the Iowa
Department of Transportation (IDOT) for right-of-way acquisition for the
construction of a new US 20 bridge crossing of the Mississippi River between the
City of Dubuque and East Dubuque, Illinois.
DISCUSSION
The agreement provides that IDOT acquire all rights-of-way for construction of
the bridge and the bridge approaches. The City agrees to accept ownership of
any right-of-way acquired by IDOT for the construction or connection of any City
street to the proposed highway.
The City will be responsible for providing at no cost to IDOT, any needed right-of-
way that is currently owned by the City, except parkland and except for the value
of improvements situated on any such City-owned property.
The above conditions have been the standard for all previous IDOT highway
projects through the City such as US 61/151 and US 20.
RECOMMENDATION
I would recommend that the City Council approve the proposed agreement
between the City of Dubuque and IDOT for the right-of-way acquisition for
construction of the new US 20 bridge crossing the Mississippi River between
Dubuque, Iowa, and East Dubuque, Illinois.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the
Mayor to execute two copies of the agreement.
MAK/vjd
cc: Pauline Joyce, Administrative Services Manager
RESOLUTION NO. 478-02
RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR
RIGHT-OF-WAY ACQUISITION FOR THE CONSTRUCTION OF A NEW US 20
BRIDGE CROSSING THE MISSISSIPPI RIVER BETWEEN DUBUQUE, IOWA
AND EAST DUBUQUE, ILLINOIS
Whereas, the City agrees that the Iowa Department of Transportation shall
acquire right-of-way for the construction of a new US 20 bridge crossing the
Mississippi River, between the Cities of Dubuque, Iowa, and East Dubuque,
Illinois; and
Whereas, the Iowa Department of Transportation has prepared a
cooperative agreement between the City of Dubuque and the Iowa Department
of Transportation outlining the process for right-of-way acquisition of the US 20
bridge crossing between the Cities of Dubuque, Iowa, and East Dubuque, Illinois;
and
Whereas, the City Council of the City of Dubuque approves of said
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the agreement between the City of Dubuque and the
Iowa Department of Transportation for the right-of-acquisition for construction of
the US 20 bridge crossing between the Cities of Dubuque, iowa, and East
Dubuque, Illinois be and is hereby approved.
Section 2. That the Mayor be authorized and directed to execute two
copies of the agreement between the City of Dubuque and the Iowa Department
of Transportation.
2002.
Attest:
Passed, approved and adopted this 16th day of September, 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Ter/a~ce M. Dug.~or
e F. Schneider, CMC, City Clerk
Iowa Department of Transportation
District 6 Office 319-364-0235
430 Sixteenth Avenue SW FAX: 319-364-9614
P.O. Box 3150, Cedar Rapids. IA 52406-3150
August 9, 2002
Ref:
BRF-20-9(149)--38-31
Dubuque County
City of Dubuque
Agreement 2003 - 1-026
Michael A. Koch, P.E.
Public Works Director/City Engineer
50 West 13th Street
Dubuque, IA 52001-4845
SUBJECT: Right of Way Agreement - New U.S. 20 Mississippi River Bridge
Dear Ivlike:
Attached are two (2) copies of an agreement between the City of Dubuque and the Iowa Department
of Transportation for the above referenced prooiect. The agreement outlines the Iowa DOT process
for acquiring right of way for construction of a new U.S. 20 bridge crossing the Mississippi River
between Dubuque, Iowa and East Dubuque, Illinois.
Please secure the necessary approvals and signatures of the appropriate city officials and return both
signed copies of the agreement to this office for further processing. An original of the fully executed
agreement will be forwarded to the city after final signature by our department.
If you have any questions concerning this agreement, please contact me at the above listed phone
number.
Very truly yours,
Richard E. Kautz, P.E.
District Engineer
REK/jh
Attachment
STAFF ACTION:
RIGHT OF WAY AGREEMENT FOR
CITY STREET RELOCATIONS AND/OR RECONSTRUCTION
County Dubuque
City Dubuque
Project No. BRF-20-9(149)~38-31
Agreement No. 2003-1-026
This Agreement is between the City of Dubuque hereinafter designated the "CITY", and the
Iowa Department of Transportation, Highway Division, hereinafter designated the "DOT"
and in accordance with Iowa Code Sections 28E.12 and 306A.7.
The CITY hereby agrees that the DOT shall acquire rights of way for construction of a new
U.S. 20 bridge crossing, of the Mississippi River, between the Cities of Dubuque, Iowa and
East Dubuque, Illinois.
The CITY hereby agrees that said right of way be acquired and paid for by the DOT and said
acquisition shall be carded out in the following manner:
In connection with this project, any real estate and easements necessary for right of
way to construct the connection of any city street or alley on a primary highway
relocation or reconstruction project, as well as any recreational trail, access road or
frontage road rights of way, if any, which are or shall be under the jurisdiction of the
CITY, may be acquired by the DOT, for and in the name of the CITY. Where acquired
by contract, the CITY shall receive and agrees to accept title from the contract seller.
Where condemnation proceedings are necessary, a single joint condemnation
proceeding shall be instituted by the DOT to acquire necessary property rights for the
CITY and DOT.
Also as part of this project, the CiTY shall be responsible for providing, withont cost to the
DOT, any right of way for the project which involves dedicated streets or alleys, and any
other city-owned lands, except park land, which are required for the project subject to the
o
o
2
condition that the DOT shall reimburse the CITY for the value of improvements situated on
such other city-owned lands. The CITY has apprised itself of the value of these lands, and as
a portion of their participation in the project, voluntarily agrees to make such lands available
without further compensation. The DOT shall be responsible for acquisition of all other right
of way.
Access rights may be acquired by the DOT along all city street intersections within the
project limits. Access rights, if acquired, will be in the name of the State of Iowa. The
acquisition of access rights will be in accordance with 761 Iowa Administrative Code
Chapter 112.11 (8) and the 2002 DOT Access Control regulations.
If the CITY feels that it is in the best interest of the parties involved to modify the access
rights in any way, they may petition the DOT District 6 Engineer to do so.
This Agreement may be executed in two counterparts, each of which so executed shall be
deemed to be an original and both shall constitute but one and the same instrument.
IN WITNESS WItEREOF, each of the parties hereto has executed Agreement No.
2003-1-026 as of the date shown opposite its signature below:
CITY OF DUBUQUE:
By: Date ,200
Title: Mayor
of the CITY was duly
Signed
City Clerk of Dubuque, Iowa
, certify that I am the Clerk of the CITY, and
, who signed said Agreement for and on behalf
authorized to execute the same on the ., 200
day of
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date ,200
Richard Kautz
District Engineer
District 6.