Cooperative Agreement with the IDOT
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RESOLUTION NO. 456-00
RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND THE IOWA DEPARTMENT OF TRANSPORTATION
(IDOT) FOR STAFF RELOCATION ASSISTANCE AND ADVISORY SERVICES
REGARDING THE CITY'S PURCHASE OF THE HOME AT 1650 MANSON ROAD
Whereas, Chapters 307,330, and 28E of the Code of Iowa as amended, regarding
right-of-way activities allow for governmental agencies to enter into a mutual agreement;
and
Whereas, the City of Dubuque, Iowa, and lOOT agree that relocation assistance is
required for right-of-way acquisition for the home at 1650 Manson Road, for the Manson
Road Bridge Project; and
Whereas, it is necessary that the City of Dubuque and lOOT enter into an
Agreement for lOOT staff assistance for right-of-way acquisition and the establishment of
relocation and moving costs for a comparable replacement dwelling; and
Whereas, the City of Dubuque agrees to the terms as outlined in the
Intergovernmental Agreement for Right-of-Way Activities.
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 lOOT staff for Right-of-Way Services as stated in the attached
Agreement associated with the City's purchase of the home at 1650 Manson Road, and
the Mayor is hereby authorized and directed to execute the Agreement on behalf of the
City of Dubuque.
Passed, adopted and approved this 18th day of September
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
IOWA DEPARTMENT OF TRANSPORTATION
HIGHWAY DTVISION
INTERGOVERNMENTAL AGREEMENT
FOR RIGHT OF WAY ACTIVITIES
Pursuant to Chapters 307, 330, and 28E of the Code, the Highway
Division of the Iowa Department of Transportation, acting for and
on behalf of the State of Iowa, referred to as the "Department",
and City of Dubuque referred to as the "City", agree that it is to
their mutual advantage to enter into a joint agreement for right of
way activities necessary for the Manson Street Bridge project. The
proj ect Number is BROS-21 00 (14) ...c-8J-31 . The Department and City
hereby agree to the following.
1 . PURPOSE:
The purpose of this agreement is to provide relocation
assistance services necessary for the acquisition of
land for a street project in a manner that complies with
the requirements of those contained in Department of
Transportation Highway Division, Office of Right of Way
Relocation Manual.
2. pmvERS, RIGHTS, OBJECTIVES AND RESPONSIBILITIES OF THE
CONTRACTING PARTIES:
.
A.
With the signing of this Intergovernmental
Agreement and pursuant to its terms, the
Department accepts responsibility for the
relocation assistance services deemed
necessary by said Department. This agreement
covers 1 parcel.
(1) The Department shall perform its
right of way acti vi ties in accord
with the standards of law and policy
contained in paragraph 1 "PURPOSE"
above. .
.
(2) The Department shall provide
relocation assistance advisory
services as required by law
including the preparation of a
relocation plan, should such
services be necessary. The
Department shall advise the City of
all relocation assistance amounts
and shall proceed to offer
relocation assistance to the owner
and/or tenant only upon written
authorization received from the
City. Claims for relocation
assistance shall be forwarded to the
.
.
.
city for payment to the appropriate
parties.
(3) The Department shall: provide periodic
status reports to the City and maintain
complete records.
B. FINANCE:
(1) Relocation Assistance Claims: The
City shall pay all relocation
assistance claims.to landowners and
interest holders. Said relocation
assistance claims shall be prepared
by the Department and submitted to
the City.
(2) Costs to perform right of way
activities: The City shall reimburse
the Department for expenditures
incurred by the Department as
salary, expenses. and vehicle costs
for the time of those employees
assigned to these projects, and any
payments made by the Department to
third parties for any expenditure of
a type normal and incidental to such
right of way activities.
(3) Estimate of right of way acti vi ty
cost: The Department estimates its
expendi tures to complete this
project to be $1,500.00. Should the
actual expenditures of the
Department exceed this estimate, the
Ci ty shall not be relieved of its
obligation to reimburse the
Department for expenditures in
excess of the estimate, although the
City may terminate its obligation at
any time subject to the provisions
of Paragraph 3 of this agreement.
3.
DURATION AND TERMINATION
The duration of this agreement shall be until such time
as its purposes are accomplished, but not later than two
years from the date the project is finally accepted.
This agreement may be terminated prior to such time in
whole or in part by either the Department or the City by
a 30 day notice to the other party provided that no such
termination shall relieve either party from any
obliga tion or responsibility incurred prior to the end
of the 30th day after notice to terminate.
.
IN WITNESS WHEREOF, each of the parties hereto has executed
the attached agreement as of the date above to its signature below.
Executed by the City this 18th day of September
,2000.
CITY
TITLE
BY
ATTEST:
~ .~~~ J:2. )
BY .. .Z~~~/7;-~ /:.~ 0./
Cit- Clerk, Jeanne F. Schneirer. City Clerk
(type or print name)
.
Executed by the Iowa DOT this 10th
day of AuglJst
,2000.
BY
PORTATION
.Z\TTE~~: /YJ
BY CUa@ I( / / /o-~
Wal ter K. Horz -0-
LP.Z\ Coordinator
.
.
A
~
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 14, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Cooperative Agreement with IDOT for Right-of-way Activities
Necessary for the Manson Road Bridge Project
.
The City Council previously approved the purchase of the home at 1650 Manson
Road for reconstruction of the Manson Road Bridge. Public Works Director Mike
Koch is recommending a cooperative agreement between the City of Dubuque and
the Iowa Department of Transportation (IDOT) for relocation assistance services for
the establishment of relocation and moving costs to provide a comparable
replacement dwelling.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(YlJJ k~tPi
Michael C. Van Milligen ~
MCVM/dd
Attachment
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cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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.
.
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CITY OF DUBUQUE, IOWA
MEMORANDUM
September 12, 2000
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director JJ!i ;(~
SUBJECT: Cooperative Agreement with lOOT for Right-Of-Way Activities Necessary
for the Manson Road Bridge Project
BACKGROUND
At the City Council meeting of September 5, 2000, the City purchased the home at
1650 Manson Road for the reconstruction of the Manson Road Bridge. In addition to
paying for the acquisition of the property, the City is also required to pay for relocation
assistance for the current owners of the property because federal funds are being
utilized on the project.
The purpose of this memorandum is to request City Council approval of a cooperative
agreement between the City of Dubuque and the Iowa Department of Transportation
(lOOT) for staff relocation assistance services for the establishment of relocation and
moving costs to provide a comparable replacement dwelling.
DISCUSSION
The attached agreement lists the responsibilities of each party for the preparation of
Relocation Assistance as established by Chapter 316, Code of Iowa, and Federal Public
Laws 91 -646 and 1 00-1 7.
The proposed agreement has been reviewed and approved by Corporation Counsel,
and will be executed by the lOOT after receipt of the signed agreement. 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 the Iowa Department of Transportation.
MAK/vjd
Prepared by Ron Turner, P.L.S.
.
.
.
IOWADEPAR~NTOF T~SroRTATION
HIGHWAY DIVISION
INTERGOVERNMENTAL AGREEMENT
FOR RIGHT OF WAY ACTIVITIES
Pursuant to Chapters 307, 330, and 28E of the Code, the Highway
Division of the Iowa Department of Transportation, acting for and
on behalf of the state of Iowa, referred to as the "Department",
and City of Dubuque referred to as the "City", agree that it is to
their mutual advantage to enter into a joint agreement for right of
way activities necessary for the Manson street Bridge project. The
Project Number is BROS-2100 (14) =-8J-31: The Department and City
hereby agree to the following.
1. PURPOSE:
The purpose of this agreement is to provide relocation
assistance services necessary for the acquisition of
land for a street project in a manner that complies with
the requirements of those contained in Department of
Transportation Highway Division, Office of Right of Way
Relocation Manual.
2. POWERS, RIGHTS, OBJECTIVES AND RESPONSIBILITIES OF THE
CONTRACTING PARTIES:
.
A.
With' the signing of this Intergovernmental
Agreement and pursuant to its terms, the
Department accepts responsibility for the
relocation assistance services deemed
necessary by said Department. This agreement
covers 1 parcel.
(1) The Department shall perform its
right of way acti vi ties in accord
with the standards of law and policy
contained in paragraph 1 "PURPOSE"
above.
.
(2) The Department shall provide
relocation assistance advisory
services as required by law
including the preparation of a
relocation plan, should such
services be necessary. The
Department shall advise the City of
all relocation assistance amounts
and shall proceed to offer
relocation assistance to the owner
and/or tenant only upon written
authorization received from the
City. Claims for relocation
assistance shall be forwarded to the
.
city for payment to the appropriate
parties.
(3) The Department shall: provide periodic
status reports to the City and maintain
complete records.
B. FINANCE:
(1) Relocation Assistance Claims: The
City shall pay all relocation
assistance claims~to landowners and
interest holders. Said relocation
assistance claims shall be prepared
by the Department and submitted to
the City.
.
(2) Costs to perform right of way
activities: The City shall reimburse
the Department for expenditures
incurred by the Department as
salary, expenses. and vehicle costs
for the time of those employees
assigned to these projects, and any
payments made by the Department to
third parties for any expenditure of
a type normal and incidental to such
right of way activities.
(3) Estimate of right of way activity
cost: The Department estimates its
expendi tures to complete this
project to be $1,500.00. Should the
actual expenditures of the
Department exceed this estimate, the
Ci ty shall not be relieved of its
obligation to reimburse the
Department for expenditures in
excess of the estimate, although the
City may terminate its obligation at
any time subj ect to the provisions
of Paragraph 3 of this agreement.
3.
DURATION AND TERMINATION
.
The duration of this agreement shall be until such time
as its purposes are accomplished, but not later than two
years from the date the project is finally accepted.
This agreement may be terminated prior to such time in
whole or in part by either the Department or the City by
a 30 day notice to the other party provided that no such
termination shall relieve either party from any
obligation or responsibility incurred prior to the end
of the 30th day after notice to terminate.
.
IN WITNESS WHEREOF, each of the parties hereto has executed
the attached agreement as of the date above to its signature below.
Executed by the City this
day of
,2000.
CITY OF
BY
TITLE Terrance M. Duggan, Mayor
(type or print name)
ATTEST:
BY
Ci ty Clerk, Jeanne F. ~hneider, r:ity r:lprk
(type or print name)
.
Executed by the Iowa DOT this 10th
day of AuglJst
,2000.
IOWA ~T O~ORTATION
BY I tJ
Ro ald W. otto
Right of Way Director
Project Development Division
ATTE~~: /YJ.
BY a)af/lt J:. / I I~
Walter K. Morz - d
LPA Coordinator
.