Annexation Area Benefits to all
\
\
D~
~Yk-~
MEMORANDUM
April 12,2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Extension of Benefits in the Annexation Area to All Property Owners
Property owners submitted written applications for voluntary annexation of
approximately 642 acres to the City of Dubuque. An additional 48 acres were included
without the owners' consent to avoid the creation of an island. The City Council
approved the annexation of these 690 acres of private property at the January 5,2004
meeting.
Members of the City Development Board raised the question at the April 1, 2004 public
hearing as to why certain benefits were provided only to the property owners who
signed the annexation agreement with the City of Dubuque.
Planning Services Manager Laura Carstens recommends City Council approval of the
extension of all benefits of the annexation agreement to all property owners, including
the non-consenting property owners, in the annexation area.
I concur with the recommendation and respectfully request Mayor and City Council
approval. .
~{~;~
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
D~
~Yk-~
MEMORANDUM
April 12, 2004
TO:
FROM:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager
SUBJECT: Extension of Benefits in the Annexation Area to All Property Owners
Introduction
This memorandum transmits a resolution extending ali benefits of the annexation
agreement for voluntary annexation of territory on the west side of Dubuque to all
property owners, including the non-consenting property owners, in the annexation area.
Discussion
Property owners submitted written applications for voluntary annexation of
approximately 642 acres to the City of Dubuque. An additional 48 acres were included
without the owners' consent to avoid the creation of an island. The City Council
approved the annexation of these 690 acres of private property at the January 5, 2004
meeting.
The City Council approved an annexation agreement on August 18, 2003 with the
owners of 642 acres of the private property in the annexation territory. (One of the
property owners who is voluntarily annexing did not sign the annexation agreement.)
The annexation agreement provides certain benefits to property owners who signed the
agreement:
1. A five-year transition of the imposition of the City portion of property taxes;
2. Interest-free financing for sewer connections to their homes;
3. The extension of certain sewer and water lines when they develop their property;
and
4. The City's support of a change in the DMATS long-range transportation plan for
reconstruction of Middle Road to eliminate the reference to a "divided" highway.
Extension Annexation Benefits
Page 2 of 2
Recommendation .
Members of the City Development Board raised the question at the April 1, 2004 public
hearing as to why certain benefits were provided only to the property owners who
signed the annexation agreement with the City of Dubuque.
The City's legal consultant, Frank Smith, has recommended that the City Council extend
theJ>ame benefits to the owners of approximately 48 acres of land who have not signed
the annexation agreement with the City of Dubuque. Corporation Counsel Barry Lindahl
concurs with Mr. Smith's recommendation.
The City of Dubuque has the capacity to provide substantial municipal services to the
entire annexation area.
I recommend that the City Council adopt the enclosed resolution extending all benefits
of the annexation agreement to all property owners, including the non-consenting
property owners, in the annexation area.
Enclosures
cc
Barry Lindahl, Corporation Counsel
Frank Smith, Smith Law Offices
---,..
.....
'
Prepared by: laura Carstens Cilv Planner Address: Cilv Hall 50 W. 13th 51 Telephone: 589-4210
RESOLUTION NO. 174-04
RESOLUTION EXTENDING ALL BENEFITS FOR ANNEXATION OF TERRITORY ON
THE WEST SIDE OF DUBUQUE TO ALL PROPERTY OWNERS, INCLUDING NON-
CONSENTING PROPERTY OWNERS
Whereas, property owners have submitted written applications for voluntary
annexation of approximately 642 acres to the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has approved the
annexation of approximately 690 acres of private property to the City of Dubuque, Iowa;
and
Whereas, the City Council of Dubuque, Iowa has extended certain benefits to
the owners of approximately 642 acres who have signed an annexation agreement with
the City of Dubuque for voluntary annexation of their properties to the City of Dubuque,
Iowa; and
Whereas, the City Council of Dubuque, Iowa has determined that these same
benefits should be extended to the owners of approximately 48 acres of land who have
not signed an annexation agreement with the City of Dubuque for voluntary annexation
of their properties to the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal
services to the entire annexation area.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That subject to said annexation being approved and the annexation
territory being annexed to Dubuque, the City Council of Dubuque, Iowa herby provide
for the transition of the imposition of City taxes against all property in the annexation
territory, in accordance with the tax exemption schedule provided under Iowa Code
section 472B.3, subsections 1 through 5, for the levy and collection of taxes as follows:
1. For the first year, seventy five percent (75%).
2. For the second year, sixty percent (60%).
3. For the third year, forty-five percent (45%).
4. For the fourth year, thirty percent (30%).
5. For the fifth year, fifteen percent (15%).
. ",' Resolution No.
Page 2
"04
Section 2. That, subject to said annexation being approved and the
annexation territory being annexed to Dubuque, the City Council of Dubuque, Iowa
does hereby provide for the extension of all benefits described in the annexation
agreement, made a part hereof as Exhibit 1, approved by the City Council of Dubuque,
Iowa on August 18, 2003.
Section 3. That the City Clerk shall file this resolution and all exhibits with the
City Development Board in accordance with the provisions of Chapter 368 of the Iowa
Code.
Passed, approved and adopted this 19th day of April, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EXH I BIT 1
AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
CERTAIN PROPERTY OWNERS IN DUBUQUE COUNTY, IOWA
This Agreement is made and entered into this lßì.b day of IInçjl;,r ,
2003 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to collectively as the
Property Owners) of the real property shown on the attached Exhibit A:
Parcel 1
Terrence Bahl and Martin & Linda Bahl
LEGAL DESCRIPTION: Lot 1-1-1-1-1 W 1/2 NW lying N of Road Section
19 T89N R2E; Lot 5 SW Section 18 T89N R2E
Parcel 2
Bahl Familv Partnership
LEGAL DESCRIPTION: Lot 1-1-1c1-1 W 1/2 NW Lying S of Road Section
19 T89N R2E; Lot 2-1-1 of the SE NW Section 19 T89NR2E; N1/2 of the
NE SW Section 19 T89N R2E; N1/2 of the NW SE Section 19 T89N R2E;
NW SE Section 24 T89N R1E; SW SE Section 24 T89N R1E; W 1/2 SE
SE Section 24 T89N R1 E; NE NW Section 19 T89N R2E
Parcel 3
Eldon '& Loretta Bahl
South 1/2 of the NW SE Section 19 T89N R2E; Lot 1 of the SE of the SW
Section 19 T89N R2E; South 1/2 of the NE SW Section 19 T89N R2E; Lot
1 of the West 30 Acres of the SW SE Section 19 T89N R2E
Parcel 4 ~
Steven & Sandra Bahl
LEGAL DESCRIPTION: East 10 Acres of the SW SE Section 19 T89N
R2E
Parcel 5
Marilvn Blake
LEGAL DESCRIPTION: Lot 1 of the SE SE Section 19 T89N R2E
Parcel 6
..'" ...., "'"
Joseph & Marv Behnke
LEGAL DESCRIPTION: Lot 1-1-1-2 NE NESection 30 T89N R2E; SE NE
Section 30 T89N R2E
Parcel 7
Terrence Bahl and Martin & Linda Bahl
LEGAL DESCRIPTION: NW SE Section 24 T89N R1E; SWSE Section
24 T89N R1E; W 1/2 $E SE Section 24 T89N R1E
ParcelS
Harold Nimmick
LEGAL DESCRIPTION: Lot 1 of the East 901.6' of the North 650' of Lot 1
of A. Tigges Sub of. NW NW Section 30 T89N R2E; Lot 2-2 of the East
901.6' of the North 650' of Lot 1 of A. Tigges Sub of NW NW Section 30
T89N R2E; Lot 1-2 of the East 901.6' of the North 650' of Lot 1A of A.
Tigges Sub of NW NW Section 30 T89N R2E
Parcel 9
Peter Henkels
LEGAL DESCRIPTION: Lot 2 of Part of Lot 1 of A. Tigges Sub Section 30
T89N R2E; Lot 2-1 of Part of Lot 1 of A. Tigges Sub Section 30 T89N R2E;
Partof Lot 1-1-1 of A. Tigges Sub of NW NW Section 30 T89N R2E
Parcel 10
Rosean Mary Schromen
LEGAL DESCRIPTION: Southerly 10.25 Acres of Lot 1of A. Tigges Sub
T89NR2E
Parcel 11
Callahan Construction East
LEGAL DESCRIPTION: Lot 1 of the SW of the NW of Section 30 T89N
R2E and Lot 2 of the SE of the NW of Section 30 T89N R2E
Parcel 12
Callahan Construction West
LEGAL DESCRIPTION: NE NE Section 25 T89N R1E; Lot 1-1 SE NE
Section 25 T89N R1 E; Lot 2 SE NE Section 25 T89N R1 E
Parcel13a
Charles & Marie Miller
LEGAL DESCRIPTION: Lot 2 of the SE of the NW Section 19 T89N R2E
Parcel13b
Mark & Michelle Bahl
LEGAL DESCRIPTION: Lot 2 of the SE SW Section 19 T89N R2E and
Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E .
...~
.,.--
,,-~
Joseph & Marv Behnke
LEGAL DESCRIPTION: Lot 1-1-1-2 NE NE Section 30 T89N R2E; SE NE
Section 30 T89N R2E
-.
Parcel 7
Terrence Baht and Martin & Linda Bahl
LEGAL DESCRIPTION: NW SE Section 24 T89N R1 E; SW SE Section
24 T89N R1E; W 1/2 $E SE Section 24 T89N R1E
Parcel 8
Harold Nimmick
LEGAL DESCRIPTION: Lot 1 of the East 901.6' of the North 650' of Lot 1
of A. Tigges Sub of NW NW Section 30 T89N R2E; Lot 2-2 of the East
901.6' of the North 650' of Lot 1 of A. Tigges Sub of NW NW Section 30
T89N R2E; Lot 1-2 of the East 901.6' of the North 650' of Lot 1A of A.
Tigges Sub of NW NW Section 30 T89N R2E
Parcel 9
Peter Henkels
LEGAL DESCRIPTION: Lot 2 of Part of Lot 1 of A. Tigges Sub Section 30
T89N R2E; Lot 2~1 of Part of Lot 1 of A. Tigges Sub Section 30 T89N R2E;
Part of Lot 1-1-1 of A. Tigges Sub of NW NW Section 30 T89N R2E
Parcel 10
Rosean Marv Schromen
LEGAL DESCRIPTION: Southerly 10.25 Acres of Lot 1 of A. Tigges Sub
T89N R2E
~.
Parcel 11
Callahan Construction East
LEGAL DESCRIPTION: Lot 1 of the SW of the NW of Section 30 T89N
R2E and Lot 2 of the SE of the NW of Section 30 T89N R2E
Parcel 12
Callahan Construction West
LEGAL DESCRIPTION: NE NE Section 25 T89N R1E; Lot 1-1 SE NE
Section 25 T89N R1 E; Lot 2 SE NE Section 25 T89N R1 E
Parcel 13a
Charles & Marie Miller
LEGAL DESCRIPTION: Lot 2ot the SE of the NW Section 19 T89N R2E
Parcel13b
Mark & Michelle Bahl
LEGAL DESCRIPTION: Lot 2 of the SE SW Section 19 T89N R2E and
Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E .
-~
""",""'O
--,..
-.
..'
....--'-"
Parcel13c
Mark & Amaelia Pasker
LEGAL DESCRIPTION: Lot 2 of SE SE Section 19 T89N R2E
Parcel13d
Francis & Darlene McDonald
LEGAL DESCRIPTION: Lot 2-1-2 of the NE NE Section 30 T89N R2E
Parcel13e
Mark & Kimmie Heins
LEGAL DESCRIPTION: Lot 2-2 of the NE NE Section 30 T89N R2E
Parcel13f
Douqlas & Dianne Fritsch
LEGAL DESCRIPTION: Lot 1 of the NE NE Section 30 T89N R2E and Lot
2-1-1-2 of the NE NE Section 30 T89N R2E
Parcel13g
Elaine White
LEGAL DESCRIPTION: Lot 2 of the NW NE Section 30 T89N R2E
Parcel13h
Llovd & Jane Steffen
LEGAL DESCRIPTION: Lot2-1 of the NW NE Section 30 T89N R2E
Parcel13i
Allen & Marv Ann Lex
LEGAL DESCRIPTION: Lot 2 Sub E 10 Acres NE NW Section 30 T89N
R2E
Parcel13j
Stan lev & Lou Ann Ward
LEGAL DESCRIPTION: Lot 1-4-1 of the SW SW Section 19T89N R2E
Parcel13k
Karen Coqan
LEGAL DESCRIPTION: Lot 2-6-1 of the SW SW Section 19 T89N R2E
Parcel 131
Wayne Siebert
LEGAL DESCRIPTION: Lot 2-4-1 of the SW SW Section 19 T89N R2E
Parcel 13m
Donald & Luella Coqan
LEGAL DESCRIPTION: Lot 1-6-1 ofthe SW SW Section 19 T89N R2E
Parcel13n
Marv Krabbenhoft
LEGAL DESCRIPTION: Lot 4 of A. Tigges Sub Section 30 T89N R2E; Lot
5 of A. Tigges Sub Section 30 T89N R2E
Parcel 130
Kenneth & Maurine Harris
LEGAL DESCRIPTION: Lot 2-1 of the SE NE Section 25 T89N R1E
Parcel13p
Gene and Jean Potts
LEGAL DESCRIPTION: Lot 1 of Potts Place lying outside the Asbury city
limits T89N R2E
Parcel13q
Wilfred R. Jr. and Vicky L. Bahl
LEGAL DESCRIPTION: Lot 1-1-1 SE NW Section 19 T89N R2E
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND AMONG THE PARTIES AS
FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than August 14, 2003. In the event that all of the
Property Owners do not approve this Agreement by such date, the City in its sole
discretion may determine whether or not to proceed with this Agreement as to
the Property Owners who have approved and executed this Agreement. If the
City determines not to proceed, then this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2003. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of the City Development
Board, after the exhaustion of any and all appeals from the action of the Board or
the expiration of t!Ìe time within which such appeals may be brought, approving
the voluntary annexation of any of the following properties (the Annexation
Properties) shown on Exhibit A:
,~--
,-
Parcel13n
Marv Krabbenhoft
LEGAL DESCRIPTION: Lot 4 of A. Tigges Sub Section 30 T89N R2E; Lot
5 of A. Tigges Suo Section 30 T89N R2E
Parcel 130
Kenneth & Maurine Harris
LEGAL DESCRIPTION: Lot 2-1 of the SE NE Section 25 T89N R1E
Parcel13p
Gene and Jean Potts
LEGAL DESCRIPTION: Lot 1 of Potts Place lying outside the Asbury city
limits T89N R2E
Parcel13q
Wilfred R. Jr. and Vicky L. Bahl
LEGAL DESCRIPTION: Lot 1-1-1 SE NW Section 19 T89N R2E
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
'--.
NOW, THEREFORE, IT IS AGREED BY AND AMONG THE PARTIES AS
FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than August 14, 2003. In the event that all of the
Property Owners do not approve this Agreement by such date, the City in its sole
discretion may determine whether or not to proceed with this Agreement as. to
the Property Owners who have approved and executed this Agreement. If the
City determines not to proceed, then this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2003. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of the City Development
Board, after the exhaustion of any and all appeals from the action of the Board or
the expiration of the time within which such appeals may be brought, approving
the voluntary annexation of any of the following properties (the Annexation
Properties) shown on Exhibit A:
.-
'"
Parcels 1 through and including 12, and Parcels 13a through and including 13q
In the event the City Development Board order approves such annexation
as to less than all of the Property Owners' properties, this Agreement shall be
null and void with respect to any of the Property Owners' properties not included
in the Board's order.
4. By not later than August 14, 2003, all of the Property Owners shall file
with the, City an application for the voluntary annexation of such Property
Owners' property. Each Property Owner agrees not to withdraw the application or
any part thereof after its filing with the City Council.
5. Upon the filing of the Property Owners' applications for voluntary
annexation, the City shall promptly consider the applications and if the
applications are approved by the City Council, transmit the applications to the
City Development Board as provided by law.
6. City agrees if the applications are approved, the resolution approving
the applications shall provide for the transition for the imposition of city taxes
against the Property Owners' properties. The Property Owners' properties shall
be entitled to the following partial exemption from taxation for city taxes for a
period of five years:
1. For the first year, seventy-five percent.
2. For the second year, sixty percent.
3. For the third year, forty-five percent.
4. For the fourth year, thirty percent.
5. For the fifth year, fifteen percent.
7. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 3, 4, 5 or 6 aM the.
commencement of construction of the public improvements required by the
resolution approving such plat, City shall not later than twelve months after the
commencement of such construction at City's sole expense extend City's
Sanitary Sewer Collector Line A as shown on Exhibit A. Any cost to extend
Collector Line A beyond the point shown on Exhibit A is not the subject of this
Agreement. A Property Owner who cOnnects to Collector Line A shall pay the
intercept connection charge established by the City in the amount of $500.00 per
acre for each acre or portion of an acre connected at the time of connection to
the City sanitary sewer system.
8. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 1, 2, or 3 and the commencement
of construction of the public improvements required by the resolution approving
such plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Sanitary Sewer Collector
Line B through Parcels 8, 9 and 10 as shown on Exhibit A. Any cost to extend
Collector Line B beyond the point shown on Exhibit A is .not the subject of this
Agreement. A Property Owner who connects to' Collector Line B shall pay the
intercept connection charge established by the City in the amount of $500.00 per
acre for each acre or portion of an acre connected at the time of connection to
the City sanitary sewer system.' ~
9. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 8 and the commencement of
construction of the public improvements required by the resolution approving
such' plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Sanitary Sewer Collector
Line B through Parcels 9 and 10 as shown on Exhibit A. Any cost to extend
Collector Line B beyond the point shown on Exhibit A is not the subject of this
Agreement. A Property Owner who connects to Collector Line B shall pay the
intercept connection charge established by the City in the amount of $500.00 per
acre for each acre or portion of an acre connected at the time of connection to
the City sanitary sewer system.
10. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 9 and the commencement of
construction of the public improvements required by the resolution approving
such plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Sanitary Sewer Collector
Line B through Parcel 10 as shown on Exhibit A. Any cost to extend Collector
Line B beyond the point shown on Exhibit A is not the subject of this Agreement.
A Property Owner who connects to Collector Line B shall pay the intercept
connection charge establi::;hed by the City in the amount of $500.00 per acre for
each acre or portion of an acre connected at the time of connection to the City
sanitary sewer system. The property owner of Parcel 12 who connects to the
existing sewer collector west of Seippel Road in the Dubuque Industrial Center
West shall pay the intercept charge established by the City, in the amount of
$500.00 per acre for each acre or a portion of an acre connected at the time of
connection to the City sanitary sewer system.
11. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 4, 5 or 6 and the commencement
of construction of the public improvements required by the resolution approving
such plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Water Main A as shown
on Exhibit A. Any cost to extend Water Main A beyond the point shown on Exhibit
A is not the subject of this Agreement. A Property Owner who connects to Water
Main A shall pay the connection charge established by the City in the amount of
$11 per lineal foot of property frontage on Middle Road.
Line B through Parcels 8, 9 and 10 as shown on Exhibit A. Any cost to extend
Collector Lin\3 B beyond the point shown on Exhibit A is not the subject of this
Agreement. A Property Owner who connects to Collector Line B shall pay the
intercept connection charge established by the City in the amount of $500.00 per
acre for each acre or portion of an acre connected at the time of connection to
the City sanitary sewer system.
~,
9. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 8 and the commencement of
construction of the public improvements required by the resolution approving
such plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Sanitary Sewer Collector
Line B through Parcels 9 and 10 as shown on Exhibit A. Any cost to extend
Collector Line B beyond the point shown on Exhibit A is not the subject of this
Agreement. A Property Owner who connects to Collector Line B shall pay the
intercept connection charge established by the City in the amount of $500.00 per
acre for each acre or portion of an acre connected at the time of connection to
the City sanitary sewer system. .
10. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 9 and the commencement of
. construction of the public improvements required by the resolution approving
such plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Sanitary Sewer Collector
Line B through Parcel 10 as shown on Exhibit A. Any cost to extend Collector
Line B beyond the point shown on Exhibit A is not the subject of this Agreement.
A Property Owner who connects to Collector Line B shall pay the intercept
connection charge established by the City in the amount of $500.00 per acre for
each acre or portion of an acre connected at the time of connection to the City
sanitary sewer system. The property owner of Parcel 12 who connects to the
existing sewer collector west of Seippel Road in the Dubuque Industrial Center
West shall pay the intercept charge established by the City in the amount of
$500.00 per acre for each acre or a portion of an acre connected at the time of
connection to the City sanitary sewer system.
~
11. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 4, 5 or 6 and the commencement
of constrùction of the public improvements required by the resolution approving
such plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Water Main A as shown
on Exhibit A. Any cost to extend Water Main A beyond the point shown on Exhibit
A is not the subject of this Agreement. A Property Owner who connects to Water
Main A shall pay the connection charge established by the City in the amount of
$11 per lineal foot of property frontage on Middle Road.
.~
-
12. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 1, 2,3, 8, 9, 10 or 12 and the
commencement of construction of the public improvements required by the
resolution approving such plat, City shall not later than twelve months after the
commencement of such construction at City's sole expense extend City's Water
Main B as shown on Exhibit A. Any cost to extend Water Main B beyond the
point shown on Exhibit A is not the subject of this Agreement. A Property Owner
who connects to Water Main B shall pay the connection charge established by
the City in the amount of $11 per lineal foot of property frontage on Middle Road
or Seippel Road.
13. The City will also consider an amendment to the Dubuque
Metropolitan Area Transportation Study 2025 Long Range Transportation Plan
that would eliminate the reconstruction of Middle Road to a proposed four-lane
"divided" road from Radford Road to Seippel Road and revise the plan to an
"undivided" roadway with access across the centerline.
14. If, following annexation of the Property Owners' properties, City for any
reason requires a Property Owner to connect a Property Owner's residence
located on the property as of the date of this Agreement to City's sanitary sewer
system, City shall pay all costs of connecting such property to the sanitary sewer
system. A Property Owner. shall be assessed by City for such costs but the
assessment shall be deferred without interest until the Property Owner disposes
by sale or otherwise of the property on which such residence is located,.at which
time such assessment (without interest) shall become due. If at the time the
assessment becomes due the Property Owner elects to defer payment as .
provided by Iowa Code ch. 384, interest shall accrue as provided in ch. 384 from
the date the assessment became due.
15. This Agreement shall apply to and bind the successors in interest of
the parties.
16. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
plone fully and completely expresses their understanding with respect to the
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by all of the parties hereto.