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City/County Pavement Marking AgreementRESOLUTION NO. 352-00 RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE PAINTING OF PAVEMENT MARKINGS ON STREETS AND ROADS Whereas, Chapter 368 of the Code of Iowa was amended in 1994 by Senate File 418 regarding secondary road responsibilities when proposed annexations include property on only one side of an existing roadway; and, Whereas, the City of Dubuque, Iowa, and Dubuque County, Iowa, agree that the painting of pavement markings divided down the center-line of roadways is neither cost- efficient or practical; and, Whereas, it is necessary that the City of Dubuque and Dubuque County enter into an Agreement regarding the painting of pavement markings on these roadways. Whereas, the City of Dubuque agrees to perform for Dubuque County, the painting of pavement markings on those streets as listed in the attached Agreement; and, Whereas, Dubuque County agrees to perform for the City of Dubuque, the painting . of pavement markings on those portions of roads as listed in the attached Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa, hereby approves the attached Agreement with Dubuque County for the painting of pavement markings as listed in the attached Agreement and the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 7th day of August, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . . . : ORIGINAL AGREEMENT THIS AGREEMENT made and entered into by and between DUBUQUE COUNTY, Iowa and the CITY OF DUBUQUE, Iowa in accordance with Iowa Code Chapter 28E (1999). The purpose of this Agreement shall be to define the duties and responsibilities of Dubuque County and the City of Dubuque for traffic paint and pavement markings of roads lying within the jurisdiction of the other public agency, as agreed to herein: 1. Dubuque County agrees to perform traffic paint and pavement markings on the following roadways: a) English Mill Road from Crescent Ridge southwesterly to the city limits. b) Cottingham Road from Seippel Road to the city limits. c) Riverside Drive from Peru Road easterly to the city limits. d) Lake Eleanor Road from Digital Drive southeasterly to the city limits. e) IF. Kennedy Road from the Northwest Arterial northerly to the city limits. f) Old Highway Road from U.S. 20 westerly to Seippel Road. 2. City of Dubuque agrees to perform traffic paint and pavement markings on the following roadways: a) b) c) d) Seippel Road from the Old Highway Road north to the end of the concrete. Cousins Road from the Old Highway Road south to U.S. 20. Peru Road from the city limits near Kennedy Court north to the end of the concrete. North Cascade Road from Cedar Cross Road southwesterly to the end of the concrete. Middle Road from Radford Road westerly to Seippel Road. Seippel Road from the Old Highway Road southerly to the city limits. e) f) 3. Traffic paint and pavement markings shall be defined on the furnishing and installation of edgelines, centerlines and symbols and legends, as required on the roadway. 4. Nothing in this Agreement shall be construed to transfer any liability from one jurisdiction to the other, except as herein specified. 5. This Agreement shall take effect upon approval by both parties. 6. This Agreement may be terminated at any time by either party upon 30 days written notice to the other party. 7. The County Engineer and the City of Dubuque Public Works Director shall administer this Agreement. In doing so the County Engineer shall consult with the Dubuque County Board of Supervisors and the 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 under the provisions of this Agreement. " . . . 8. The party responsible under this Agreement for the traffic paint and pavement markings of a roadway shall indemnify and hold harmless the other party, its agencies 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 traffic paint and pavement markings on such roadway. IN WITNESS THEREOF, the parties have set their hands, for the purpose herein expressed. APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS (J~.oA n,~5!:;;/ Alan Manternach, Chair Date: June 19 ,2000. ATTEST: ~~~.l\~ Denise M. Dolan, Dubuque County Auditor On this 19th day of June .2000 before me, Jeanette R. Hess . a Notary Public, in and for the State 000"'" pen;onally appeared Alan Manternach and Denise M. Dolan, to me personally known and who, being duly sworn, did say that they are the ChaiIperson of the Board of Supervisors and County Auditor, respectively, oftl)e County of Dubuque, Iowa; that the seal aJlixed to the foregoing instrument is the COIpOrate seal of the corporation, and that the instrument w.IS 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. () () - I &, 'if of the Board of Supervisors on the -12!!L day of June ,2000, and Alan 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. I ....".. JEANETTE R. HESS I' if A? MY COMMISSION EXPIRES i ~~.- ":..:]::..'j~-,. , .""-,,,,--'" fJ:- ok ~ !Iv Public / APPROVED BY: CITY OF DUBUQUE, IOWA ~h Date: ,2000. ATTEST: ./ ____.' ,Y') /~~~ //- ~:;,~-ef.d.{~ ~ F. """""N, ""lmq"' crty CI"'" L On this 1 ~ day of tJi::ar:r ,2000, before me, ~<4'J ~ IA - I-vV ' a Notary Public, in and for ~f10"", perso lyappeared Terrance M. Duggan and Jeanne F. SchneIder, to me personally known and who, being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal atlixed 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 tJje City Council under Roll Call No. 3SC:;' c:r;:J of the City of Dubuque City CotUlcil on the 7/-/..-" dayof ~A"-~k?-C" . 2000, and Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the . t to be th voluntary act deed and the voluntary act and deed of the corporation, by it voluntarily executed. . CITY OF DUBUQUE, IOWA MEMORANDUM August 3, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Cooperative Agreement with Dubuque County for Painting of Pavement Markings on Secondary Roads and City Streets . Public Works Director Mike Koch is recommending approval of a cooperative agreement with Dubuque County for the painting of pavement markings on secondary roads and streets lying within the respective jurisdiction of each public agency. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/dd Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Mike Koch, Public Works Director o o~: c' ry c: -~:.:J __ 1~5 c:;" ::.._ c )>::::;:: 0- (D t:-:> C:) "".;llo C': (;y I W .., n.;..J ;'T1 ~) 'Tl - . -0 =c ':;> (~) w ril o . . . . CITY OF DUBUQUE, IOWA MEMORANDUM August 1, 2000 TO: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director "J1Ij;(~ FROM: SUBJECT: Cooperative Agreement with Dubuque County for Painting of Pavement Markings on Secondary Roads and City Streets INTRODUCTION The purpose of this memorandum is to request City Council approval of a new cooperative agreement between the City of Dubuque and Dubuque County for the painting of pavement markings on secondary roads and streets lying within the respective jurisdictions of each public agency. DISCUSSION Due to recent annexations by the City of Dubuque, several sections of streets now under the jurisdiction of the City are extensions of existing County secondary roads, for which it would be better for Dubuque County to continue the painting of pavement markings. Conversely, there are sections of streets within the City of Dubuque for which it is more efficient for the City to paint the pavement markings on certain sections of secondary roads located within Dubuque County. Some of these roadways also have the jurisdictional boundary located at the centerline of the roadway, which would be extremely cumbersome to be split between the two agencies. The attached agreement lists the various streets and secondary roads which would be painted by the County and by the City. The County and City also agree to indemnify and hold harmless the other agency from any damages or claims as a result of the painting operations. The proposed agreement has been reviewed and approved by Corporation Counsel, and has already been executed by the Dubuque County Board of Supervisors on June 19, 2000. The agreement and resolution authorizing the Mayor to execute the agreement are enclosed. .' . . . , . RECOMMENDATION I would recommend that the City Council approve the agreement and authorize the Mayor to execute the agreement on behalf of the City. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute the agreement with Dubuque County. MAK/vjd . .