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Winter Maintenance Agree - County D~~~E ~t/k.~ MEMORANDUM August 29, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Cooperative Winter Maintenance Agreement 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. Public Works Director Don Vogt is recommending City Council approval of a new cooperative winter maintenance agreement between the City and County of Dubuque. This agreement ensures that winter road maintenance responsibilities are not split down roadway centerlines, which is inefficient and impractical. It provides that the County will plow and deice both side of seven roads and the City four. Mileage, lane miles, and traffic loads balance the disparity in the number of roads maintained by each entity. I concur with the recommendation and respectfully request Mayor and City Council approval. j'C L ,f'\ / i I .. t/ / ,i i . I ltc' ~\1/1t1, ~ Michael C. Van Mllllgen - MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Don Vogt, Public Works Director ... -\ " l_L' DG~~E ~t/k.~ MEMORANDUM August 25,2005 TO: Michael C. Van Milligen, City Manager Don Vag!, Public Works Director ~ SUBJECT: Cooperative Winter Maintenance Agreement ,'''I FROM: INTRODUCTION The purposes of this memorandum are to provide information and request approval of a new cooperative winter maintenance agreement between the City and County of Dubuque. BACKGROUND In 1995, the City and County of Dubuque entered into their first cooperative winter maintenance agreement. This agreement was prompted by state legislation and rulings that year regarding annexations. The State ruled that annexations of property on only one side of a road did not excuse the annexing city from road maintenance responsibilities. The State declared that a city which annexes property on only one side of a county road must maintain that road to its centerline. Recognizing the logistical difficulties presented by such a scenario, City and County of Dubuque representatives negotiated a 28E agreement in 1995 addressing roadways impacted by the State's new position. This agreement was subsequently approved by the Dubuque County Board of Supervisors and the Dubuque City Council in the fall of 1995. It was subsequently amended in 1998 and again in 1999. This 28E agreement has proven to be an excellent example of an effective intergovernmental partnership. DISCUSSION Due to the recent annexation of property on Dubuque's west side, the agreement again needs to be amended before the coming winter. Street and Sewer Maintenance Supervisor John Klostermann and I met recently with Dubuque County Engineer Mike Felderman to negotiate the new agreement. The changes from the 1999 agreement are minimal, but reflect the new boundaries on Dubuque's west side. It ensures that winter road maintenance responsibilities are not split down roadway centerlines, which is inefficient and impractical. It provides that the County will plow and deice both sides of seven (7) roads and the City four (4). Mileage, lane miles, and traffic loads balance the disparity in the number of roads maintained by each entity. The proposed, amended agreement was reviewed and approved by Corporation Counsel Barry Lindahl. It was approved by the County Board of Supervisors on August 15th. The new agreement, a resolution authorizing it, and a copy of the 1999 agreement accompany this memorandum. ACTION STEP I request that you and City Council consider and approve the amended, cooperative winter maintenance agreement between the City and County of Dubuque. Attachments ..# RESOLUTION NO. 402 -05 RESOLUTION APPROVING COOPERATIVE WINTER MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY Whereas, certain roadways in Dubuque county are divided down the centerline between Dubuque County and the City of Dubuque; and Whereas, the City of Dubuque, Iowa and Dubuque County, Iowa agree that winter road maintenance divided down roadway centerlines is not cost efficient or practical; and Whereas, the City of Dubuque is willing to perform winter maintenance operations on portions of roadways located in Dubuque county, specifically, Old Highway Road, Cousins Road, Peru Road and Seippel Road; and Whereas, Dubuque County is willing to perform winter maintenance operations on portions of roadways located in the city of Dubuque, specifically, English Mill Road, Cottingham Road, North Cascade Road, Riverside Drive, Lake Eleanor Road, John F. Kennedy Road and Middle Road; and Whereas, it is necessary that the City of Dubuque and Dubuque County enter into an agreement regarding the winter maintenance on these roadways. 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 and directs the Mayor to sign the attached Agreement with Dubuque County for winter maintenance operations on said roadways. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk AGREEMENT O'r"jr. · r( bll\JAL 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 winter maintenance on roads lying within the jurisdiction of the other public agency, as agreed to herein: 1. Dubuque County agrees to perform winter maintenance operations 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) North Cascade Road from Cedar Cross Road southwesterly to the city limits. d) Riverside Drive from Peru Road easterly to the city limits. e) Lake Eleanor Road from Digital Drive southeasterly to the city limits. t) I.F. Kennedy Road from the Northwest Arterial northerly to the city limits. g) Seippel Road from the Old Highway Road north to the northernmost city limits. 2. City of Dubuque agrees to perform winter maintenance operations on the following roadways: a) Old Highway Road from U.S. 20 westerly to Cousins Road. b) Cousins Road from the Old Highway Road south to U.S. 20. c) Peru Road from the city limits near Kennedy Court north to Riverside Road. d) Middle Road from Radford Road westerly to Seippel Road. e) Seippel Road from the Old Highway Road southerly to the city limits. 3. Wmter maintenance shall be defined as the clearance of snow and ice from the roadway and the placement of sand, salt or other abrasives as needed upon 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 Operations and Maintenance Department Manager shall administer this Agreement. In doing so the County Engineer shall consult with the Dubuque County Board of Supervisors and the Operations and Maintenance Department Manager 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 winter maintenance 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 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 ~,/~ Dofuta L. Smith, Chair Date: October 11, 1999. ATTEST: I~~J-t. Jj~ Denise M. Dolan, Dubuque County Auditor On "'" 11th day ofClctolxo-. 1999. bethre me.~ 1<- / ~ . a N-" Pobli,. m""" foc the State ofIowa, personally appeared Donna L. S and Denise M Dolan, to me personally known and who, being duly swom, did say that they are the Chairperson of the Board 0 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 ~Board of Supervisors, as contained in the resolution adopted by the Board of Supervisors, under Roll Call No. q tj - 2 76 of the Board of Supervisors on the 11th day of October, 1999, and Donna L. Smith 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. A\..,....l..~ o . ? ~ ,. r tow... JEANETTE R. HESS MY COMMISSION EXPIRES ,~- 7- ~A.#~ tary Public APPROVED BY: CITY OF DUBUQUE, IOWA ~~9!~ ATTEST: d _ Date: CCtober 18 , 1999. On this 18th day of October .1999, before me, Susan M. Winter . a Notary Public, in and for the State ofIowa, personally appeared Terrance M Duggan and Mary A Davis, 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 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, under Roll Call No. Res. No. 568- 9lKthe City of Dubuque City Council on the 18th day of October . 1999, and Terrance M. Duggan and Mary A. Davis acknowledged the execution of the instrument to be their voluntary act deed and the vohmtary"'oruldeedofthe_byit_ex=ted. ~ ~ ~ < MiL ...l~ otary Public .