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Dubuque County Cooperative Winter Maintenance AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Cooperative Winter Road Maintenance Agreement DATE: November 26, 2011 Dubuque kard All- America City I 2007 In 1995 the State declared that a city which annexes property on only one side of a county road must maintain that road to its centerline. Due to the County's loss of its North Cascade Road bridge immediately outside Dubuque's corporate limits last July, and its continued closure, Public Works Director Don Vogt recommends that the winter road maintenance agreement be amended. The only change to the agreement is that the City will provide winter snow and ice control maintenance on the County's very short section of North Cascade Road north of the North Cascade Road bridge. The proposed agreement is premised once again on common sense, effectiveness, and efficiency, but obviously in this particular instance, it is not due to a recent expansion of Dubuque's corporate limits. Centerline mileage, lane miles and traffic loads will continue to be relatively equal for both the City of Dubuque and County of Dubuque. The new Cooperative Winter Maintenance Agreement between the City and County of Dubuque ensures that winter road maintenance responsibilities are not split down roadway centerlines, which is inefficient and impractical. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Don Vogt, Public Works Director THE CITY OF Dui Masterpiece on the Mississippi TO Michael C Van Milligen, City Manager FROM Don Vogt, Public Works Director DIU DATE November 17, 2011 SUBJECT Cooperatve Winter Road Maintenance Agreement Dubuque had All-America City 'I 1 1 I' 2007 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 as 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 1990,1999,2005,2006,2009 and last year to reflect Dubuque's continued growth DISCUSSION Due to the County's loss of its North Cascade Road bridge immediately outside Dubuque's corporate limits last July, and its continued closure, the winter road maintenance agreement again needs to be amended Street and Sewer Maintenance Supervisor John Ilostermann and County Engineer Brett Wilkinson recently agreed to a relatively minor change to last year's agreement, which the County's Board of Supervisors subsequently endorsed last week The only change is to have the City provide winter snow and ice control maintenance on the County's very short section of North Cascade Road north of the noted bridge As noted to you in previous years, prior amendments and the original agreement ensured that winter road maintenance responsibilities are not split down roadway centerlines, which is obviously very inefficient and impractical The proposed agreement amendment is premised once again on common sense, effectiveness, and efficiency, but obviously in this particular instance, it is not due to a recent expansion of Dubuque's corporate limits Centerline mileage, lane miles, and traffic loads would continue to be relatively equal for each entity ACTION TO BE TAKEN I request your consideration of the attached agreement and your endorsement of same Prepared by Don Vogt 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 7th day of N ovember, 2011, 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) Lake Eleanor Road from Digital Drive southeasterly to the City of Dubuque city limits; (4) Derby Grange Road from John F. Kennedy Road west to the City of Dubuque city limits; (5) 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. (6) North Cascade Road from Cedar Cross Road southwesterly to the North Cascade Road Bridge; 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 ATTEST: )27 6-7444_, co-ai,vvt4.„€ Date: November 7 , 2011. ' ,Mona Manternach, Dubuque County Deputy Auditor On this 7th day of November , 2011, before me, Mary Ann Specht , a Notary Public, in and for the State of Iowa, personally appeared Wayne Demmer and Mona Manternach, to me personally known and who, being duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Deputy 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, on the 7h day of November , 2011, and Wayne Demmer and Mona Manternach 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. Mary Ann Specht, No APPROVED BY: CITY OF DUBUQUE, IOWA Michael C. Van Milligen, City Manager ATTEST: 5)70-e- — • II' MARY ANN SPECHT n •F Commission Number 153583 ,„„;.-- My Comm. Exp. Date: /// , 2011. Ke 'n S irnstahl, Dubu On this /�_ day of City Clerk , 2011, before me, Notary Public, in and for the State of Iowa, personally appeared Michael C. Van Milligen and Kevin S. Firnstahl, 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 C Council, as contain the resol tion adopted by the City Council, of the City of Dubuque City Council on the day of // /-,7A , 2011, and Michael C. Van Milligen and Kevin S. Firnstahl acknowledged the execution of the instrument to be their voluntary act deed and the volu ary act and deed of the corporation, by it voluntarily exe -oted. ray a SUSAN M. WINTER 0 T COMMISSION NO.183274 • MY COMMISSION EXPIRES 2/14/14 a Not.ry Public