Memorandum of Understanding with IADU Table Mound MHP, LLC Copyrighted
July 2, 2018
City of Dubuque Action Items # 3.
ITEM TITLE: Memorandum of Understanding with IADU Table Mound
MHP, LLC
SUMMARY: City Manager recommending approval of a Memorandum of
Understanding (MOU)with IADU Table Mound MHP, LLC
(Table Mound)for the repairs and improvements to its
water distribution system, sanitary sewer collection system,
to make the system compliant with lowa Department of
Natural Resources (IDNR) requirements and to City
standards, and to dedicate portions of the system to the
City.
RESOLUTION 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
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Table Mound MOU-NNM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Exhibits Supporting Documentation
Memo of Understanding Supporting Documentation
THE CTTY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Memorandum of Understanding — IADU Table Mound MHP, LLC
DATE: June 28, 2018
City Engineer Gus Psihoyos and Water Department Manager Denise Ihrig are
recommending approval of a Memorandum of Understanding (MOU) with IADU Table
Mound MHP, LLC (Table Mound) for; the repairs and improvements to its water
distribution system, sanitary sewer collection system, to make the system compliant
with lowa Department of Natural Resources (IDNR) requirements and to City standards,
and to dedicate portions of the system to the City.
The City of Dubuque was contacted by the new owners of the Table Mound Mobile
Home Park #1 which owns, operates and maintains the private water and sanitary
sewer systems serving the mobile home park and the adjacent Kerrigan Heights
subdivision. Table Mound also owns the water distribution system serving seven
properties along Rockdale Road.
City staff and Table Mound have had several discussions and meetings over the past
several months, which have resulted in Assistant City Attorney Maureen Quann
negotiating this Memorandum of Understanding between the City of Dubuque and IADU
Table Mound MHP, LLC. The following is a summary of the details of the MOU, terms,
conditions, and responsibilities:
• 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 will dedicate portions of the Table
Mound System to the City for operation as part of the City's water distribution and
sanitary sewer collections systems.
• After improvements have been made, 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 then be served by
the City's water distribution and sanitary sewer collection systems after
connection.
• The City will accept portions of the Table Mound Systems after the systems meet
IDNR requirements and City standards and will serve customers located within
the Table Mound System.
• Table Mound will engage and enter into a contract with a professionally licensed
engineering and design firm to design all improvements and pertorm any
necessary repairs to bring the Table Mound system into compliance with IDNR
rules and City standards.
• City will consult with Table Mound and any engineering firms and contractors
Table Mound engages 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.
• Table Mound will engage any licensed plumbers and contractors necessary to
complete all improvements, repairs, construction, and installation, and
connection necessary to bring the Table Mound System into compliance with
IDNR rules and City standards.
• Table Mound will be 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.
• Table Mound Mobile Home Park 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.
There are three areas served by the Table Mound Water System: Table Mound Mobile
Home Park #1 , Kerrigan Heights Subdivision, and the seven businesses on Rockdale
Road. Table Mound will retain ownership of a portion of the water distribution and
sanitary sewer collection system running through the private property of the Mobile
Home Park. Table Mound will operate and maintain the private portion of the systems.
The portion of the systems 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 the connection and will be owned,
operated, and maintained by the City. The Rockdale Road water system will be
disconnected from the Kerrigan Heights water system, capped and abandoned per
IDOT standards under the highway right of way.
The seven properties on Rockdale Road that are connected to the Table Mound system
are currently in the process of permanently connecting to the City's water distribution
system because of a water main break to the Table Mound System under Highway
151/61 . The Table Mound water main on Rockdale Road was abandoned on May 15,
2018. One property owner on Rockdale Road has permanently connected to the City's
water distribution system. The other six properties are in the process of determining
2
whether and when they will connect to the City's system. All the remaining properties
are currently connecting to the City's water system via a temporary connection.
After improvements have been made and Table Mound Systems are compliant with
IDNR and City standards, the Table Mound Systems will be connected to the City's
water distribution and sanitary sewer collection systems. The MOU specifically
addresses how the systems will be connected and billing procedures after connection. It
also addresses if Table Mound would request, in the future, that billing for the Table
Mound Mobile Home Park be taken over by the City. Also, Table Mound will install in
Kerrigan Heights, City approved water meters and all necessary meter interfacing units,
though final disposition for individual Kerrigan Heights residents are at their discretion
as they will need to sign pre-annexation agreements to connect to City of Dubuque
water and sewer.
Table Mound is currently addressing the Mobile Home Park and Kerrigan Heights
Subdivision components of their sanitary sewer system. As discussed in the MOU, the
owners are currently working with a contractor to make all the necessary repairs and
designing the extension from the Granger Creek Interceptor Sewer to the collection
system that serve the mobile home park and Kerrigan Heights.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1�f.�iG�"�'�'1 �Wa f{�F-��r�....
Mic ael C. Van Milligen ��
MCVM:jh
Attachment
3
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Maureen Quann, Assistant City Attorney
Gus Psihoyos, City Engineer
Denise Ihrig, Water Department Manager
Jean Nachtman, Finance Director
Jenny Larson, Budget Director
Laura Carstens, Planning Services Manager
4
THE CITY OF Dubuque
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TO: Michael C. Van Milligen, City Manager
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FROM: Gus Psihoyos, City Engineer ,,� '
Denise Ihrig, Water Department I�/lanag�
DATE: June 27, 2018
RE: Memorandum of Understanding — IADU Table Mound MHP, LLC
INTRODUCTION
The enclosed resolution authorizes the Mayor to execute a Memorandum of
Understanding (MOU) with IADU Table Mound MHP, LLC (Table Mound) for; the
repairs and improvements to its water distribution system, sanitary sewer collection
system, to make the system compliant with lowa Department of Natural Resources
(IDNR) requirements and to City standards, and to dedicate portions of the system to
the City.
After improvements have been made and Table Mound systems are compliant with
IDNR requirements and City standards, the Table Mound systems will be connected to
the City's water distribution and sanitary sewer collection systems.
BACKGROUND
The City of Dubuque was contacted by the new owners of the Table Mound Mobile
Home Park#1 which owns, operates and maintains the private water and sanitary
sewer systems serving the mobile home park and the adjacent Kerrigan Heights
subdivision. Table Mound also owns the water distribution system serving seven (7)
properties along Rockdale Road. Table Mound initially inquired about the possibility of
dedicating portions of all the private water distribution and sanitary sewer collection
systems to the City of Dubuque.
DISCUSSION
City staff and Table Mound have had several discussions and meetings over the past
several months, which have resulted in the preparation of an MOU between the City of
Dubuque and IADU Table Mound MHP, LLC. The following is a summary of the details
of the MOU, terms, conditions, and responsibilities:
• 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 will dedicate portions of the Table
Mound System to the City for operation as part of the City's water distribution and
sanitary sewer collections systems.
• After improvements have been made and the Table Mound System and it 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
then be served by the City's water distribution and sanitary sewer collection
systems after connection.
• The City will accept portions of the Table Mound Systems after the systems meet
IDNR requirements and City standards and will serve customers located within
the Table Mound System.
• Table Mound will engage and enter into a contract with a professionally licensed
engineering and design firm to design all improvements and perform any
necessary repairs to bring the Table Mound system into compliance with IDNR
rules and City standards.
• 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.
• Table Mound will engage any licensed plumbers and contractors necessary to
complete all improvements, repairs, construction, and installation, and
connection necessary to bring the Table Mound System into compliance with
IDNR rules and City standards.
• Table Mound will be 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.
• 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.
• Table Mound Mobile Home Park 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.
There are three areas served by the Table Mound Water System: Table Mound Mobile
Home Park 1, Kerrigan Heights Subdivision, and the seven (7) businesses on Rockdale
Road. Table Mound will retain ownership of a portion of the water distribution and
2
sanitary sewer collection system running through the private property of the Mobile
Home park. Table Mound will operate and maintain the private portion of the systems.
The portion of the systems 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 the connection and will be owned,
operated, and maintained by the City. The 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.
The seven (7) properties on Rockdale Road that are connected to the Table Mound
system are currently in the process of permanently connecting to the City's water
distribution system because of a water main break to the Table Mound System under
Highway 151/61. The Table Mound water main on Rockdale Road was abandoned on
May 15, 2018. One property owner on Rockdale Road has permanently connected to
the City's water distribution system. The other six (6) properties are in the process of
determining whether and when they will connect to the City's system. All the remaining
properties are currently connecting to the City's water system via a temporary
connection.
After improvements have been made and Table Mound Systems are compliant with
IDNR and City standards, the Table Mound Systems will be connected to the City's
water distribution and sanitary sewer collection systems. The MOU specifically
addresses how the systems will be connected and billing procedures after connection. It
also addresses if Table Mound would request, in the future, that billing for the Table
Mound Mobile Home Park be taken over by the City. Also, Table Mound will install in
Kerrigan Heights, City approved water meters and all necessary meter interfacing units,
though final disposition for individual Kerrigan Heights residents are at their discretion
as they will need to sign pre-annexation agreements to connect to City of Dubuque
water and sewer.
Table Mound is currently addressing the Mobile Home Park and Kerrigan Heights
Subdivision components of their sanitary sewer system. As discussed in the MOU, the
owners are currently working with a contractor to make all the necessary repairs and
designing the extension from the Granger Creek Interceptor Sewer to the collection
system that serve the mobile home park and Kerrigan Heights.
RECOMMENDATION
I recommend that the City Council adopt the enclosed resolution and authorize the
Mayor to sign the Memorandum of Understanding between the City of Dubuque and
IADU Table Mound MHP, LLC.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution and authorize
the Mayor to execute the Memorandum of Understanding with IADU Table Mound MHP,
LLC for the repairs and improvements and connection to its water distribution system
3
and sanitary sewer collection system and to make the system compliant with the IDNR
and City standards and to dedicate portions of the system to the City as detailed in the
attached MOU.
cc: Maureen Quann, Assistant City Attorney
Jean Nachtman, Finance Director
Jenny Larson, Budget Director
Laura Carstens, City Planner
4
Prepared by Denise Ihiq. Water Department Manager Address: 901 Hawthorn St. Telephone: 563-589-4290
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
RESOLUTION NO. 201-18
RESOLUTION 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 and operates, and maintains the City of
Dubuque water distribution system that serves over 23,000 customers located both in
and outside the corporate limits of the City; and
WHEREAS, 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 wishes 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 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 City of
Dubuque for operation as part of the City of Dubuque's water distribution and sanitary
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
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 Memorandum of Understanding attached is approved on behalf of the
City of Dubuque. The Mayor and City Clerk are authorized to execute the Memorandum
of Understanding.
Section 2. The City Manager, City Attorney, and the City's legal counsel are hereby
authorized to take all necessary actions to execute this Memorandum of Understanding.
Section 3. The City Clerk is hereby authorized and directed to record this Resolution
with the Dubuque County Recorder.
Passed, approved and adopted this this 2nd day of July, 2018.
Attest:
Kevin'S Firnsta , Cit Clerk
Foy
uol, Mayor
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
a("3 n q 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. 13th Street
9442 Noonan St.
Dubuque, IA 52001
Dubuque, IA 52003
Previously Recorded Document(s): N/A
C'e-r-v-
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
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
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
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.
SECTION 7. WATER DISTRIBUTION WITHIN IN THE TABLE MOUND SYSTEM.
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
El
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
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
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 distribution system, Table 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
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
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
9
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.
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
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
TABLE MOUND
By: Its General Manager,
RV Horizons, Inc.
CITY OF DUBUQUE, IOWA
By: By:
David H. Refholds, Roy
President, RV Horizons, Inc.
Notary page follows:
Attest:
By:.
P
Kevin S/1rnstal 1, City Clerk
12
'1,Ae of Iowa
-10
Ss:
h.%A14"t01V'*4jP_U q U e
On this )9 da I =7111
n S. Firnstahl known to me to
regoing instrument, and
acknowledged that they executed
Notary Public in the
My Commission expires:
State of A Q
o'a )Ss-
Cunty of t "'�& ................... )
I
On this day of "'i 2011-, before me, a Notary public in and
I
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.
AMY GERiBURGET
NUTIARY PUBLIC - STAT� 011 COLORADO
My Ideplification # 2011540".8723
Expires May 12,20'19'
W""�WNAV rreffl-
•
My Commission expires: f
Notary page for IADU Table Mount NIHP, LLC Memorandum of Agreement with the City of Dubuque, Iowa,
State of Iowa )
) ss:
County of Dubuque )
On this — )91"V 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.
`r ISH L. GLEASON
i;ommissien Number719996
, `V Commission Expires Notary Public in the State of Iowa
My Commission expires: /07 /3•
State of
County
On this
ss:
of , 20 , before me, a Notary public
for said state, personally peared David H. Reynolds known to me to be t .erson(s)
named in and who executed t foregoing instrument and acknow ed that the
g g A 9 Y
executed the same as their voluntar�ct and deed.
Notary N lic in the State of Iowa
My Commission �ires:
page for IADU Table Mount MHP, LLC Memorandum of Agreement with the City of Dubuque,
EXHIBIT A
TABLE MOUND SYSTEM
13
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2551
•
2573
Exhibit A
Table Mount! System
•
2554
2420
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4(J
2440
11000
M
2674
127
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EXHIBIT B
MOBILE HOME PARK
15
DUBUQ
u,<o-.pr.Y.•.... eh..t
•
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Exhibit 13
Mile Morns! Stisfe,tr
2420
2440
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•
2400
•
'Note: not all utilities are known or shown inside the Mobile Home park
1 inch = 248 feet
100 50 0 100 200 300 400 Feet
Map Prepared by:
City of Dubuque
Water Department
1902 Hawthorne St
563-589-4291
16
EXHIBIT C
DRAWINGS AND "AS BUILT" DESIGNS OF CITY WATER DISTRIBUTION SYSTEM
17
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20
EXHIBIT D
SANITARY SEWER
21
Dus e
Table Mound 1
Sanitary Sewer Inspection
DAGIS;
002359
002358
NOONANST
r
i
JOIINSr_ — _ — —_ — _ —_— - --
1 inch = 120 feet
100 50 0
100 200 Fed
W E
i
Nq' ,uN ly
City 01 0641.0,0*
E0,.....y 0 D..+..
00 VAN 13015090
row:,50$)555200
Paw:( 03)689'•C)0
Feu. de])5 14205
22
MVO.
DUB E
Kerrigan Heights Subd.
Sanitary Sewer Inspection
=DOM pri ate MAQUOKETA OR04100) p,iva to
DAGIS
100
1 inch = 80 feet
0
50
100 Feet
It, 5,5,...,4 5,
Cly 51 051,54..
En4•55mg Oftftiln
50 Wint tail Street
Cubuqvo. ions 6X01
P5.15. (553) 5394270
Far ,5631 5594205
23
EXHIBIT E
J.C. DILLON PLANS
24
To:
Plumbing. Ilcatin . t tilities.TrenchlessTechnologies .Ilydroexcavation
RV Horizons
9442 Noonan St.
Dubuque, IA 52003
.Mention: Robert Thomas
F•111:61: rthomasta?trvmansgemcnt.com
I' nojec t Na ire: Table Mound l Mobile Horne Park & Kerrington Height Subdivision Sanitary Sewer Imp
Date: 04/19/2018
Est. #: 02359-18
Tient#
Description Qua I'nit !'nit Price Est Pi -ice
Sanitary SewerRepairs-Mobile Home Park
01
Modlr radon
1.000
I.S
02
-Prone Control
1.000
LS
03
UV, CRP$" X 3 nun
7,852.000
LF
04
Rentow& Replace Esu Manhole Frame & Ildw
COU
27.000
EA
05
Remotr& Replace Manlde(8321
1.000
KA
06
Renrow & Replace Manhtle 08320
1.000
EA
07
Access Mmwhole under trailer Raise to grade 08309
1.000
EA
08
Point Repair -Ft pe08579
1.000
EA
09
Paint Repair -IS pe 08613
1.000
FA
10
Remow & Replace Mauhde urxkr Waller 08285
1.000
EA
11
Rabe Buried NLudo de0828•3
1.0(10
ILS
12
Loctrc & Raise Buried ManhoIc08317
1.000
EA
13
Remote & Replace N tri le 08316
1.000
F\
14
Rake Burled Manhole08314
1.000
EA
15
Remote St trcture,1nstall New Manhole 08311
1.000
FS
16
Point Repair Pipe 08597
1.000
EA
17
Raise Burped Manhole 08307
1.000
EA
18
Point Repair Pipe 08613
1.000
EA
19
Point Repair Pipe 01084
1.000
8..1
20
Rehab Ma 11101e 08283
1.000
EA
21
Remote& Replace ,Itnlde08306
1.000
EA
22
Rahab Manhole 08318
1.000
EA
23
Remove & Replace Bench & Trough M:tnhule08319
1.000
EA
Sanitary Sewer Repairs -Mobile Itome Park Total
Sanitary Sewer Repairs-Kerrington Sub
24
UV. GRP 8"X3 tont
2.184.000
11
25
AJJ S,nt Sew Kase/ Circular Cut, New Fe.ime &
lid
8.000
Fa
Sanitary Sewer Repaire-Kerrington Sub Total
Sanitary Sewer Extension
26
Connection to Ext Manhole
1.000
EA
27
Manhole Ttpre. PC.J8" SW 301
9.000
F\
28
Sanitary Suter (:ratify Mal n,Trcnched.12" PVC
3.000.000
lie
1515 W Luthy Drive . POBox 3590 . Peoria, IL. 61612 . Main 309-689-1596 . Fax 309-689-1596
Visit our website d www,jcdilioninc.com
25
29
Sabi tory Stover CrmityNE/ n.Trenclted.8" PVC
(R&R)
167.000
IF
30
Fll[rr Socks
500.000
LF
31
(!earl tg & Grubb ug
1.000
LS
32
Seed ug ert.aodMIulclitg.Yard
2.000
AC
33
Trench l)acktll-1"Clean Stone
3,167.000
LF
34
F111extPipe run 08571%IthCLS \1
100.000
LP
35
Fill Depth Patches-II\L\
418.000
SY
Sanitary Sewer Extension Total
Water Main Improvements
36
Inn.dl Master Water Meter Vault
1.000
EA
3"
6"&4" Water Main IleIn g; Bdlevue Dr.
2.000
EA
38
Flre Hydrant Assembly
2.000
EA
39
Cut & Cap Well
1.000
EA
Water Main Improvements Total
Ctand'Fotal:
.1.(:. Dillon, Inc. will provide:
• Labor, Equipment. and Materials
• (I) Mobili aiion
• New Manhole Frame & Lids for all structures
Owner will Provide:
• Perm its or Permit Fccs
• Construction Staking, Tnspection. and Engineering
• Materials Testing
• Access to the site
• Erosion Control other than Inlet Filters
Notes:
• None
General Terms and ('unlit inns:
• J.C. Dillon. inc tandard l'ay Terns arc (30) thirty days. unless agreed upon in writing prior to the start of
the project
• All past due accounts will be charged a rate of 2° ° per month
• Reasonable attorney fees for unpaid accounts will be the responsibly of the Owner.
• Permit. Connection, or any other fees arc not included, unless they arc listed above
• Inspection and Materials Testing Fees are the responsibility of the Owner
• Local & State Salts Tax is the responsibility of the Owner unless stated above
• Performance and Payment Bond Fees are not included
• J.C. Dillon, Inc. will not be held responsible for private utilities un -marked prior to the scan of the project.
All repair to those utilities will be at the Owner responsibility.
• J.C. Dillon, Inc. guarantees its work, subject to the exception stated or implied herein, for a period of (1)
one year from the completion of the work. The owner will allow access to J.C. Dillon, Inc. to make the
necessary repairs.
26
• J.C. Dillon, Inc. will not accept any back -charges from the Owner, unless J.C. Dillon, Inc. has been given
proper written notice of the Owner intent to back -charge, and J.C. Dillon, Inc. is given (72) seventy-two
hours to accept responsibility for the cause of the notice and commence corrective action to remedy same.
• J.C. Dillon, Inc. does not 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.
• J.C. Dillon, Inc. normal working hours are 7:00 ant thru 3:30 pm Monday thru Friday, except Holidays
Visa, Master Card, American Express, and Discover is accepted
This estimate is based upon acceptance within (45) forty-five days of the date (Amine. The estimate is an offer
to enter into an agreement for the work described hereinbefore, and is deemed an enforceable contract upon
acceptance. The Owner accepts this estimate either by signature, oral assent, scheduling or commencing the
work described in this estimate. Any of these modes of acceptance shall be deemed to incorporate all of the
terns of this estimate into the contract between the Owner and J.C. Dillon, Inc.
If you have any questions, feel free to contact us @ 309-689-1596, and thank you 10 r the opport unity to
submit an estimate on your project.
Owner:
Print Signature Date
J.C. Dillon, Inc.
&Y._, 2018
,2018
Print Signature Date
27
RESOLUTION NO. 106-19
RESOLUTION AMENDING RESOLUTION . NO. 261-18 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 Icomponents 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 �: itr of D�ubaque's water distribution and sanitary 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
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'arn ded 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,
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 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.
..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 2019'
Roy D. Buol, Mayor
Attest:
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.
ire d b Din€s t l D Cana r ti res i wtr t� .Tile r n; ti211
Rture t: !i€: inrtr, jtyr Jdres i aEtµ s Tone: 8- r1"
RESOLUTION NO. 201 1
WHEREASJAQU Table Mound 'MHP, LLC ownsa private water distribution system
that serves three areas outside the_City.0 I f Dubuque: Table Mound 1 Mobile Home Park;
the Kerrigan Heights ;subdivision, and seven co mercial businesses located on
Rockdale Road; and
WHEREAS-, IADU Table round' MHP, LLC owns a private as ltary sewer doliec for
system that serves two areas outside the City of Dubuque: Table Mound "I Mobile Horne
Park and the Kerrigan heights subdivision; and
WHEREAS, the City of Dubuque ovens and operates, and maintains the City of
Dubuque water distribution system that serves ,over 23,f customers located both in
and outside the corporate limits of the Cif and
WHEREAS, the City of Dubuque owns, operates, and maintains the public sanitary
:sewer collection system, which serves over 23,U custurrters located both n and
outside the corporate limits of the City; and
WHEREAS, EAS, IADU Table IMound MHP, LLC wishes 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 severer 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 City of
Dubuque for operation as part of the City of Dubuque's water distribution and sanitary
sewer collection systems; and
WHEREAS, after improvements have been made and the IADU Table hound 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 bound MHP, LLC`s water distribution and sanitary sewer collection
system will pe connected to the City of Dubuque's water distribution and sanitary sewer
collection system. Customers served by the existing IADU Table hound MHP; LLC
system will be served by the City of Dubuque's water distribution and sanitary sewer
collection systems after connection; and
WHEREAS, S, the City desires to accept portions of the IADU Table Mound MHP, L L
system after the system meets Iowa Department t of Natural Resources requirements
and City of Dubuque standards and will serve cu torn rs located within the system, and
WHEREAS, the City of Dubuque, and. IADU Table Mound M P,, L.,L.0 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 .IVHR,
LL C to the Cl of D Duque; and
WHEREAS, the City Council of the City of Dubuque, lows finds that it is in the hest
interests of the City to approve this Memor ndurn of Understanding,
tandirigs
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,.
LOW.A AS F LL OWS4
Section 1. The Men orOn-durn of Understanding attached is approved on behalf of the
City of Dubuque, The Mayor and City Clerk are authorized to execute the Memo Erfl
of Understanding.
Section 2. The City manager, City attorneys and the ity's legal counsel are hereby
authorized o take ail necessary actions to execute this Memorandum of Understar►ding.
Section 3. The City Clerk is hereby authorized and directed to record this Resolution
with the Du u ue County Recorder,
Attest:
Reviry' F r_ stal It Clerk
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.
�irnstahl, CIVIC, City Clerk
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Memorandum of Understanding — IADU Table Mound MHP, LLC
DATE: June 28, 2018
Dubuque
blind
All -America City
I II
2007 2012
2013.2017
City Engineer Gus Psihoyos and Water Department Manager Denise Ihrig are
recommending approval of a Memorandum of Understanding (MOU) with IADU Table
Mound MHP, LLC (Table Mound) for; the repairs and improvements to its water
distribution system, sanitary sewer collection system, to make the system compliant
with Iowa Department of Natural Resources (IDNR) requirements and to City standards,
and to dedicate portions of the system to the City.
The City of Dubuque was contacted by the new owners of the Table Mound Mobile
Home Park #1 which owns, operates and maintains the private water and sanitary
sewer systems serving the mobile home park and the adjacent Kerrigan Heights
subdivision. Table Mound also owns the water distribution system serving seven
properties along Rockdale Road.
City staff and Table Mound have had several discussions and meetings over the past
several months, which have resulted in Assistant City Attorney Maureen Quann
negotiating this Memorandum of Understanding between the City of Dubuque and IADU
Table Mound MHP. LLC. The following is a summary of the details of the MOU, terms,
conditions, and responsibilities:
• 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 will dedicate portions of the Table
Mound System to the City for operation as part of the City's water distribution and
sanitary sewer collections systems.
• After improvements have been made, 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 then be served by
the City's water distribution and sanitary sewer collection systems after
connection.
whether and when they will connect to the City's system. All the remaining properties
are currently connecting to the City's water system via a temporary connection.
After improvements have been made and Table Mound Systems are compliant with
IDNR and City standards, the Table Mound Systems will be connected to the City's
water distribution and sanitary sewer collection systems. The MOU specifically
addresses how the systems will be connected and billing procedures after connection. It
also addresses if Table Mound would request, in the future, that billing for the Table
Mound Mobile Home Park be taken over by the City. Also, Table Mound will install in
Kerrigan Heights, City approved water meters and all necessary meter interfacing units,
though final disposition for individual Kerrigan Heights residents are at their discretion
as they will need to sign pre -annexation agreements to connect to City of Dubuque
water and sewer.
Table Mound is currently addressing the Mobile Home Park and Kerrigan Heights
Subdivision components of their sanitary sewer system. As discussed in the MOU, the
owners are currently working with a contractor to make all the necessary repairs and
designing the extension from the Granger Creek Interceptor Sewer to the collection
system that serve the mobile home park and Kerrigan Heights.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
Mic ael C. Van Milligen
3
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer -)L1
/-
Denise Ihrig, Water Department Manag
DATE: June 27, 2018
RE: Memorandum of Understanding — IADU Table Mound MHP, LLC
Dubuque
bald
u 1ia�o city
2007.2012
2013.2017
INTRODUCTION
The enclosed resolution authorizes the Mayor to execute a Memorandum of
Understanding (MOU) with IADU Table Mound MHP, LLC (Table Mound) for; the
repairs and improvements to its water distribution system, sanitary sewer collection
system, to make the system compliant with Iowa Department of Natural Resources
(IDNR) requirements and to City standards, and to dedicate portions of the system to
the City.
After improvements have been made and Table Mound systems are compliant with
IDNR requirements and City standards, the Table Mound systems will be connected to
the City's water distribution and sanitary sewer collection systems.
BACKGROUND
The City of Dubuque was contacted by the new owners of the Table Mound Mobile
Home Park #1 which owns, operates and maintains the private water and sanitary
sewer systems serving the mobile home park and the adjacent Kerrigan Heights
subdivision. Table Mound also owns the water distribution system serving seven (7)
properties along Rockdale Road. Table Mound initially inquired about the possibility of
dedicating portions of all the private water distribution and sanitary sewer collection
systems to the City of Dubuque.
DISCUSSION
City staff and Table Mound have had several discussions and meetings over the past
several months, which have resulted in the preparation of an MOU between the City of
Dubuque and IADU Table Mound MHP, LLC. The following is a summary of the details
of the MOU, terms, conditions, and responsibilities:
• 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 will dedicate portions of the Table
Mound System to the City for operation as part of the City's water distribution and
sanitary sewer collections systems.
sanitary sewer collection system running through the private property of the Mobile
Home park. Table Mound will operate and maintain the private portion of the systems.
The portion of the systems 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 the connection and will be owned,
operated, and maintained by the City. The 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.
The seven (7) properties on Rockdale Road that are connected to the Table Mound
system are currently in the process of permanently connecting to the City's water
distribution system because of a water main break to the Table Mound System under
Highway 151/61. The Table Mound water main on Rockdale Road was abandoned on
May 15, 2018. One property owner on Rockdale Road has permanently connected to
the City's water distribution system. The other six (6) properties are in the process of
determining whether and when they will connect to the City's system. All the remaining
properties are currently connecting to the City's water system via a temporary
connection.
After improvements have been made and Table Mound Systems are compliant with
IDNR and City standards, the Table Mound Systems will be connected to the City's
water distribution and sanitary sewer collection systems. The MOU specifically
addresses how the systems will be connected and billing procedures after connection. It
also addresses if Table Mound would request, in the future, that billing for the Table
Mound Mobile Home Park be taken over by the City. Also, Table Mound will install in
Kerrigan Heights, City approved water meters and all necessary meter interfacing units,
though final disposition for individual Kerrigan Heights residents are at their discretion
as they will need to sign pre -annexation agreements to connect to City of Dubuque
water and sewer.
Table Mound is currently addressing the Mobile Home Park and Kerrigan Heights
Subdivision components of their sanitary sewer system. As discussed in the MOU, the
owners are currently working with a contractor to make all the necessary repairs and
designing the extension from the Granger Creek Interceptor Sewer to the collection
system that serve the mobile home park and Kerrigan Heights.
RECOMMENDATION
I recommend that the City Council adopt the enclosed resolution and authorize the
Mayor to sign the Memorandum of Understanding between the City of Dubuque and
IADU Table Mound MHP, LLC.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution and authorize
the Mayor to execute the Memorandum of Understanding with IADU Table Mound MHP,
LLC for the repairs and improvements and connection to its water distribution system
3