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 .