Winter Maintenance Agree - Asbury
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MEMORANDUM
November 28, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Cooperative Winter Roadway Maintenance Agreement with the City of
Asbury
With the 2004 annexation of property along the former western corporate limits, the City
of Dubuque now shares roadways at the centerline and/or by alternating whole sections
of roadways with the City of Asbury.
Public Works Director Don Vogt is recommending City Council approval of a
cooperative Winter Roadway Maintenance Agreement with the City of Asbury that will
ensure that winter road maintenance responsibilities will not be split down roadway
centerlines or by alternating section, which would be inefficient and impractical.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
;11J ~/JjK
Mi6hael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Don Vogt, Public Works Director
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MEMORANDUM
November 28, 2005
TO: Michael C. Van Milligen, City Manager
FROM: Don Vogt, Public Works Director~
SUBJECT: Cooperative Winter Roadway Maintenance Agreement with the City of
Asbury
INTRODUCTION
The purposes of this memorandum are to provide information and recommend approval
of a new cooperative Winter Roadway Maintenance Agreement with the City of Asbury
for certain roadways.
BACKGROUND
With the 2004 annexation of property along our former western corporate limits, the City
of Dubuque now shares roadways at the centerline and/or by alternating whole sections
of roadways with the City of Asbury. The State of Iowa strongly encourages
governmental entities that share roadways to enter into 28E agreements addressing the
winter maintenance of those roadways in an effective and practical manner. The City of
Dubuque has had such an agreement with Dubuque County since 1995.
DISCUSSION
The attached Agreement was drafted by Corporation Counsel Barry Lindahl and me. It
was approved by the Asbury City Council at its November 22, 2005 meeting. The
Agreement provides for the City of Asbury to maintain Asbury Road from Seippel Road
east to Briarwood Drive, and all of Heacock Road, and for the City of Dubuque to
maintain Middle Road from Radford Road to Seippel Road, and Seippel Road from
Middle Road to Chavenelle Road. The Agreement ensures that winter road
maintenance responsibilities will not be split down roadway centerlines or by alternating
sections, which would be inefficient and impractical.
The proposed Agreement and a resolution authorizing it accompany this memorandum.
ACTION STEP
I recommend that you and the City Council consider and approve the proposed
cooperative Winter Roadway Maintenance Agreement with the City of Asbury.
Attachments
WINTER ROADWAY MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF ASBURY, IOWA
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the day of
2005, is made and entered into by and between the City of Asbury, Iowa (Asbury) and
the City of Dubuque, Iowa (Dubuque), to define the duties and responsibilities of
Asbury and Dubuque for winter maintenance on roadways of each city.
I. Asbury agrees to perform winter maintenance operations on the following
roadways:
a) Asbury Road from Seippel Road east to Briarwood Drive; and,
b) Heacock Road.
2. Dubuque agrees to perform winter maintenance operations on the following
roadways:
a)
b)
Middle Road from Radford Road to Seippel Road; and,
Seippel Road from Middle Road to Chavenelle Road.
3. By separate agreement, a copy of which is attached hereto, the County of Dubuque
has agreed to perform winter maintenance operations on Middle Road from Seippel
Road west to Dubuque's corporate limits on behalf of Dubuque.
4. Winter maintenance shall be defined as the clearance of snow and ice from the
roadway and the placement of sand, salt, other abrasives, or other deicers as needed
upon the roadway.
5. Nothing in this Agreement shall be construed to transfer any liability from one
jurisdiction to the other, except as herein specified.
6. This Agreement Shall take effect upon approval by both parties and shall continue
until terminated as provided herein.
7. This Agreement may be terminated at any time by either party upon thirty (30) days
written notice to the other party.
8. The City of Asbury Public Works Director and the City of Dubuque Public Works
Director shall administer this Agreement. In doing so, the Asbury Public Works
Director shall consult with the Asbury City Administrator 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 under
the provisions of this Agreement.
9. 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 liabili ty 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 pursuant to this
Agreement.
10. This 28E Agreement does not prejudice Asbury's rights in the pending appeal of the
annexation approved by the City Development Board on May 13, 2004. By signing
this Agreement, Asbury is not acknowledging the validity of said annexation and is
not waiving its challenges to the annexation.
CITY OF ASBURY, IOWA
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ELIZ~TH BONZ. CITY MINISTRATOR
CITY OF DUBUQUE, IOWA
Terrance M. Duggan, Mayor
A TIEST;
Jeanne Schneider, Dubuque City Clerk
2
RESOLUTION NO. 524-05
RESOLUTION APPROVING WINTER ROADWAY MAINTENANCE
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE CITY
OF ASBURY
Whereas, jurisdiction over certain roadways in Dubuque county is divided
down the centerline or by sections between the City of Asbury and the City of
Dubuque; and
Whereas, the City of Dubuque, Iowa and the City of Asbury, Iowa agree
that winter road maintenance divided down roadway centerlines or by sections 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 the City of Asbury, specifically,
Middle Road and Seippel Road; and
Whereas, the City of Asbury is willing to perform winter maintenance
operations on portions of roadways located in the City of Dubuque, specifically,
Asbury Road and Heacock Road; and
Whereas, it is necessary that the City of Dubuque and the City of Asbury
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 Winter Roadway
Maintenance Agreement with the City of Asbury for winter maintenance
operations on said roadways.
Passed, approved and adopted this 5th day of December, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider
City Clerk