Signed Contracts_ 2010 Cooperative Winter Road Maintenance Agreement with Dubuque CountyMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Don Vogt, Public Works Director i`
SUBJECT: Cooperative Winter Road Maintenance Agreement
DATE: November 1, 2010
Dubuque
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INTRODUCTION
The purposes of this memorandum are to provide information and request your
endorsement of a new winter road maintenance agreement with the County of
Dubuque.
BACKGROUND
In 1995, the City and County of Dubuque entered into their first cooperative winter road
maintenance agreement. That agreement was prompted by legislation and a ruling that
year regarding annexations. The State ruled that the annexation of property on only
one side of a rural road did not excuse the annexing city from road maintenance
responsibilities. The State declared that a city that annexes property on only one side
of a county road must maintain its portion of that road to its centerline. Recognizing the
logistical difficulties presented by such a scenario, City and County of Dubuque staff
negotiated a 28E agreement in 1995 addressing roadways impacted by the State's
legislation. This agreement was then approved by the Dubuque County Board of
Supervisors and the Dubuque City Council in the fall of 1995. It was subsequently
amended in 1998, 1999, 2005, 2006 and 2009 to reflect Dubuque's continued growth.
DISCUSSION
Due to the City's recent annexation of property along Old Highway Road west of
Seippel Road, the winter road maintenance agreement again needs to be amended.
Street and Sewer Maintenance Supervisor John Klostermann and I recently proposed
the attached agreement to Dubuque County after consulting with City Attorney Barry
Lindahl. The only proposed change (blue background) from John and me was to
formalize what has actually been past practice for decades — the County continuing to
maintain Old Highway Road west of Seippel Road. Barry did take the opportunity to
make a few grammatical changes (green background). As noted to you in previous
years, this year's proposed amendment ensures that winter road maintenance
responsibilities are not split down roadway centerlines, which is obviously very
inefficient and impractical. The new agreement provides that the County and City will
plow and deice both sides of six (6) roads each. Centerline mileage, lane miles, and
traffic Toads are relatively equal for each entity. As noted immediately above, actual
practice will be unchanged from last winter.
ACTION STEP
I request your consideration of the attached agreement and your endorsement of same.
Attachments
Preparer's Name: Mary Lammers Address: 13047 City View Dr., Dubuque, Iowa 52002 Telephone: (563) 557 -7283
Return To: Dubuque County Engineer Address: 13047 City View Dr., Dubuque, Iowa 52002 Telephone: (563) 557 -7283
AGREEMENT BETWEEN
DUBUQUE COUNTY, IOWA
AND
THE CITY OF DUBUQUE, IOWA
FOR
WINTER ROAD MAINTENANCE
This Agreement, dated for reference purposes the o? v r `' day of
D Goo b er , 2010, is made and entered into by and between Dubuque
County, Iowa and the City of Dubuque, Iowa pursuant to Iowa Code Chapter 28E.
The purpose of this Agreement shall be to define the duties and responsibilities
of Dubuque County and the City of Dubuque for winter maintenance on roads Tying
within the jurisdiction of the other public agency, as agreed to herein.
SECTION 1: MAINTENANCE BY DUBUQUE COUNTY. Dubuque County agrees to perform
winter maintenance operations on the following roadways:
(1) English Mill Road from Crescent Ridge southwesterly to the City of Dubuque
city limits;
(2) Cottingham Road from Seippel Road to the City of Dubuque city limits;
(3) North Cascade Road from Cedar Cross Road southwesterly to the City of
Dubuque city limits;
(4) Lake Eleanor Road from Digital Drive southeasterly to the City of Dubuque
city limits;
(5) Derby Grange Road from John F. Kennedy Road west to the City of
Dubuque city limits;
(6) Old Highway Road from Seippel Road westerly to the City of Dubuque city
limits.
SECTION 2. MAINTENANCE BY CITY OF DUBUQUE. The City of Dubuque agrees to
perform winter maintenance operations on the following roadways:
(1) OId Highway Road from U.S. 20 westerly to Seippel Road;
(2) Cousins Road from the OId Highway Road south to U.S. 20;
(3) Peru Road from the City of Dubuque city limits near Kennedy Court north to
Riverside Road;
(4) Seippel Road from Cottingham Road north to Chavenelle Road;
(5) John F. Kennedy Road from the City of Dubuque city limits north to Derby
Grange Road;
(6) Middle Road from Seippel Road to Jonquil Terrace.
SECTION 3. MAINTENANCE DEFINED. Winter maintenance shall be defined as the
clearance of snow and ice from the roadway and the placement of sand, salt or other
abrasives and deicers as needed upon the roadway.
SECTION 4. TERM. This Agreement shall take effect upon approval by both parties
and shall continue in effect until terminated as set forth herein.
SECTION 5. TERMINATION. This Agreement may be terminated at any time by
either party upon thirty (30) days written notice to the other party.
SECTION 6. ADMINISTRATION OF AGREEMENT. The County Engineer and the City of
Dubuque Public Works Director shall administer this Agreement. The County Engineer
shall consult with the Dubuque County Board of Supervisors and the Dubuque Public
Works Director shall consult with the Dubuque City Manager on matters related to this
Agreement. No real or personal property shall be acquired by either party during the
term of this Agreement.
SECTION 7. INDEMNIFICATION. The party responsible under this Agreement for
the winter maintenance of a roadway shall defend, indemnify and hold harmless the
other party, its officers, agents and employees, from any and all causes of action, suits
at law or in equity, losses, damages, claims or demands, and from any and all liability
and expense of whatsoever nature, arising out of or in connection with the party's
performance or failure to perform its winter maintenance duties on such roadway.
IN WITNESS THEREOF, the parties have set their hands, for the purpose herein
expressed.
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
Eric Manternach, Chair
ATTEST:
Denise M. Dolan, Dubuque County Auditor
On this 25 day of October , 2010, before me, Mary Ann Specht , a Notary Public, in and for the
State of Iowa, personally appeared Eric Manternach and Denise M. Dolan, to me personally known and who, being
duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the
County of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation,
and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors,
as contained in the resolution adopted by the Board of Supervisors, under Roll Cali No. /b - .‘ 7 �/8 of
the Board of Supervisors on the 25 day of October , 2010, and Eric Manternach and Denise M. Dolan
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of
the corporation, by it voluntarily executed.
APPROVED BY: CITY OF DUBUQUE, IOWA
Michael . Van Milligen, City Manager
ATTEST:
Mary Ann Specht, Notary Public
eanne F. Schneider, Dubuque City Clerk
Date: October 25 , 2010.
Date: , 2010.
On this iti" day of November , 2010, before me, \) 15 1,1-0 , a Notary Public, in
and for the State of Iowa, personally appeared Michael C. Van Milligen and Jeanne F. Schneider, to me personally
known and who, being duly sworn, did say that they are the City Manager and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as
tesolutien adopted by -the GityCouneit, of- the-City of Dubuque City Council on the day of November , 2010,
and Michael C. Van Milligen and Jeanne F. Schneider acknowledged the execution of the instrument to be their
voluntary act deed and the voluntary act and deed of the corporation, by it voluntarily executed.
otary Public
SUSAN M. WINTER
COMMISSION NO.183274
MY COMMISSION EXPIRES
2/14/11
rR
0
Preparers Name: Mary Lammers Address: 13047 City View Dr., Dubuque, Iowa 52002 Telephone: (563) 557 -7283
Return To: Dubuque County Engineer Address: 13047 City View Dr., Dubuque, Iowa 52002 Telephone: (563) 557 -7283
This Agreement, dated for reference purposes the day of
, 2010, is made and entered into by and between Dubuque County,
Iowa and the City of Dubuque, Iowa pursuant to Iowa Code Chapter 28E.
The purpose of this Agreement shall be to define the duties and responsibilities
of Dubuque County and the City of Dubuque for winter maintenance on roads lying
within the jurisdiction of the other public agency, as agreed to herein.
SECTION 1: MAINTENANCE BY DUBUQUE COUNTY. Dubuque County agrees to perform
winter maintenance operations on the following roadways:
(1) English Mill Road from Crescent Ridge southwesterly to the
city limits;
(2) Cottingham Road from Seippel Road to the city limits;
(3) North Cascade Road from Cedar Cross Road southwesterly to the
city limits;
(4) Lake Eleanor Road from Digital Drive southeasterly to the
city limits;
(5) Derb Grange Road from John F. Kennedy Road west to the
ci limits;
•
AGREEMENT BETWEEN
DUBUQUE COUNTY, IOWA
AND
THE CITY OF DUBUQUE, IOWA
FOR
WINTER ROAD MAINTENANCE
SECTION 2. MAINTENANCE BY CITY OF DUBUQUE. The City of Dubuque agrees to
perform winter maintenance operations on the following roadways:
(1) Old Highway Road from U.S. 20 westerly to Seippel Road;
(2) Cousins Road from the Old Hi hwa Road south to U.S. 20;
(3) Peru Road from the _ city limits near Kennedy Court north to
Riverside Road;
(4) Seippel Road from Cottingham Road north to Chavenelle Road;
(5) John F. Kennedy Road from the city limits north to Derby
Grange Road;
(6) Middle Road from Seippel Road to Jonquil Terrace.
SECTION 3. MAINTENANCE DEFINED. Winter maintenance shall be defined as the
clearance of snow and ice from the roadway and the placement of sand, salt or other
abrasives and deicers as needed upon the roadway.
SECTION 4. TERM. This Agreement shall take effect upon approval by both parties
and shall continue in effect until terminated as set forth herein.
SECTION 5. TERMINATION. This Agreement may be terminated at any time by
either party upon thirty (30) days written notice to the other party.
SECTION 6. ADMINISTRATION OF AGREEMENT. The County Engineer and the City of
Dubuque Public Works Director shall administer this Agreement. The County Engineer
shall consult with the Dubuque County Board of Supervisors and the Dubuque Public
Works Director shall consult with the Dubuque City Manager on matters related to this
Agreement. No real or personal property shall be acquired by either party during the
term of this Agreement.
SECTION 7. INDEMNIFICATION. The party responsible under this Agreement for
the winter maintenance of a roadway shall defend, indemnify and hold harmless the
other party, its officers, agents and employees, from any and all causes of action, suits
at law or in equity, losses, damages, claims or demands, and from any and all liability
and expense of whatsoever nature, arising out of or in connection with the party's
performance or failure to perform its winter maintenance duties on such roadway.
IN WITNESS THEREOF, the parties have set their hands, for the purpose herein
expressed.
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
Eric Manternach, Chair
ATTEST:
Denise M. Dolan, Dubuque County Auditor
On this day of 2010, before me, Mary Ann Specht , a Notary Public, in and for
the State of Iowa, personally appeared Eric Manternach and Denise M. Dolan, to me personally known and who,
being duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively,
of the County of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of
Supervisors, as contained in the resolution adopted by the Board of Supervisors, under Roll Call No.
of the Board of Supervisors on the day of , 2010, and Eric Manternach and Denise M.
Dolan acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
APPROVED BY: CITY OF DUBUQUE, IOWA
Michael C. Van Milligen, City Manager
ATTEST:
Mary Ann Specht, Notary Public
Jeanne F. Schneider, Dubuque City Clerk
Date: , 2010.
Date: /173/
, 2010.
On this day of 2010, before me, , a Notary Public,
in and for the State of Iowa, personally appeared Michael C. Van Milligen and Jeanne F. Schneider, to me personally
known and who, being duly sworn, did say that they are the City Manager and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in the
resolution adopted by the City Council, of the City of Dubuque City Council on the day of
2010, and Michael C. Van Milligen and Jeanne F. Schneider acknowledged the execution of the instrument to be their
voluntary act deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public