Herrig, John, Annexation, Voluntary
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MEMORANDUM
December 12, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Herrig Voluntary Annexation
Planning Services Manager Laura Carstens recommends City Council approval of the
voluntary annexation and annexation agreement of John and Sally Jo Herrig for the
annexation of 112.10 acres of property south of Derby Grange Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
III ~~/J;t
MiChael c. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
,)
Dii~~E
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MEMORANDUM
December 11, 2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager -;;;~
RE: Herrig Voluntary Annexation
The City Council has a public hearing on December 18, 2006 on the voluntary
annexation request of John and Sally Jo Herrig for voluntary annexation of 112.10
acres of property south of Derby Grange Road.
The City Council and the State of Iowa's City Development Board approved the Herrigs'
voluntary annexation request earlier this year in connection with voluntary annexation
requests by Wendell Corey, Motor City Development, and Dean and Patricia Butler.
Upon submitting the annexation to the Dubuque County Recorder's Office, the City
Development Board was notified that there is a typographical error in the legal
description for the Herrig property on some of the documents filed with this application.
To correct this error, a new public hearing notice, resolution, and annexation
agreement were prepared with the correct legal description. The public hearing notice
was mailed and published in accordance with State annexation law. Mr. and Mrs.
Herrig have signed the enclosed annexation agreement. We received one inquiry from
an adjoining property owner about the rezoning of Herrigs' property.
Earlier this year, the City Council approved the Herrigs' request for rezoning concurrent
with annexation. The rezoning request has been approved, and is not a subject of the
additional public hearing needed to correct the legal description for the voluntary
annexation request.
I recommend that the City Council approve the Herrigs' voluntary annexation and
annexation agreement, and then forward the necessary documentation to the City
Development Board for public hearing and approval.
Enclosure
Prepared b1' Barry A. Lindahl 300 Klein Street Suite 330 Dubuque IA 52001 583 583-4113
Retum to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13th St 7elephcne: 589-4120
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JOHN W. AND SALLY JO HERRIG
This Agreement, dated the _ day of , 2006, is made and entered
into by, between and among the City of Dubuque, Iowa (City) and John W. and Sally Jo
Herrig (Developers).
WHEREAS, Developers are the owners of the real properly shown on Exhibit A,
incorporated herein by reference, and legally described as follows:
Lot 1 of Lot 2 of the SW '/. of the SE %. of Section 8, T89N, R2E of
the 5~' P.M. in Dubuque County, Iowa (parcel ID # 1008451003)
Lot 1 of Butlers Hill Second Addition, T89N, R2E of the 5"' P.M. in
Dubuque County, Iowa (parcel ID # 1008376003);
Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5"' P.M. in
Dubuque County, Iowa (parcel tD # 1008451004);
Lot 2 of the N 'r4 of the SW %. of Section 8, T89N, R2E of the 5cn
P.M. in Dubuque County, Iowa (parcel ID # 1008328003); and
SW %. of the SW Y. of Section 8, T89N, R2E of the 5"' P.M. in
Dubuque County, Iowa (parcel ID # 1008351001);
and
WHEREAS, Developers intend to request City to annex the Property; and
4
Prepared by Barry A. Lindah1300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4120
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JOHN W. AND SALLY JO HERRIG
This Agreement, dated the _ day of , 2006, is made and entered
into by, between and among the City of Dubuque, Iowa (City) and John W. and Sally Jo
Herrig (Developers).
WHEREAS, Developers are the owners of the real property shown on Exhibit A,
incorporated herein by reference, and legally described as follows:
Lot 1 of Lot 2 of the SW '/. of the SE '/. of Section 8, T89N, R2E of
the Stn P.M. in Dubuque County, Iowa (parcel ID # 1008451003)
Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5m P.M. in
Dubuque County, Iowa (parcel ID # 1008376003);
Lot 3 of Butler's Hill Second Addition, T89N, R2E of the Stn P.M. in
Dubuque County, Iowa (parcel ID # 1008451004);
Lot 2 of the N % of the SW '/< of Section 8, T89N, R2E of the Stn
P.M. in Dubuque County, Iowa (parcel ID # 1008328003); and
SW '/, of the SW '/. of Section 8, T89N, R2E of the Stn P.M. in
Dubuque County, Iowa (parcel ID # 1008351001);
and
WHEREAS, Developers intend to request City to annex the Property; and
1
WHEREAS, as an incentive to Developers to voluntarily apply to City to annex
the Property, City is willing to enter into this Agreement, but only upon the terms and
conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. This Agreement is subject to a final order of the City Development Board, after the
exhaustion of any and all appeals from the action of the Board or the expiration of the
time within which such appeals may be brought, approving the voluntary annexation of
the Property. In the event the City Development Board order approves such annexation
as to less than all of the Property, this Agreement shall be null and void with respect to
any of the Property not included in the Board's order.
2. Upon the filing of Developers' application for voluntary annexation, City shall
promptly consider the application and if the application is approved by the City Council,
transmit the application to the City Development Board as provided by law. Developers
agree not to withdraw the application or any part thereof after its filing with City.
3. City intends to construct a sanitary sewer which will be available to serve the
Property. The fee for sanitary sewer connection of lots in the Property to City's sewer
system shall be as follows:
a. For the portion of the Property designated as the A-1 District on Exhibit A
incorporated herein by reference, the fee for connection to the sewer system shall be
$5,000.00 provided that such A-1 District shall be developed and used exclusively for
Developers' personal residence. The fee shall be paid to City upon connection of
Developers' personal residence to City's sewer system. If the A-1 District is developed
for any purpose other than for Developers' personal residence, Developers shall pay the
connection fee of $500.00 per acre for any property developed for any purpose other
than the Developers' personal residence. The $500.00 per acre fee shall be paid within
twelve (12) months after final plat approval for each phase for any property developed
for any purpose other than the Developers' personal residence.
b. Developers shall pay the $500.00 per acre connection fee for any property
designated C-3 General Commercial District on Exhibit A incorporated herein by
reference. Developers agree to pay the connection fee to City for each lot sold by
Developers at the time of the sale of each lot and based upon the acreage of the lot.
City shall have no obligation to issue a permit for connection of any lot to the sanitary
system prior to the payment of the fee for such lot. Regardless of the number of lots
sold by Developers, if any, however, Developers shall pay to City by no later than five
(5) years from the date of this Agreement the entire balance of the connection fee
based on the total acreage of the C-3 General Commercial District.
c. Developers shall pay the $500.00 per acre connection fee for any property
designated R-2 Moderate Density Multi-Family Residential District on Exhibit A
2
incorporated herein by reference. Developers agree to pay the connection fee to City for
each lot sold by Developers at the time of the sale of each lot, based upon the acreage
of the lot sold. City shall have no obligation to issue a permit for connection of any lot to
the sanitary system prior to the payment of the fee for such lot. Regardless of the
number of lots sold by Developers, if any, however, Developers shall pay to City by no
later than five (5) years from the date of this Agreement the entire balance of the
connection fee based on the total acreage of the R-2 Moderate Density Multi-Family
Residential District.
4. City shall provide an interest-free loan to Developers in an amount not to
exceed $150,000 for the construction of a sanitary sewer to serve Phase 1 of the R-2
District. To be eligible for this loan, the work must be bid and contracted by City and is
subject to City bidding requirements.
a. Developers shall cause to be prepared at their expense by an Iowa licensed
professional engineer and submit to City all plans, specifications, and construction
documents for the sewer necessary for City review and approval and to comply with the
requirements of state law for public improvement contracts so that City can bid the
project and award the contract as a City project. If the cost of the selected bid exceeds
the loan funds offered by City, the Developers shall have the option to contract
separately for the improvements in excess of the loan funds offered, or to pay City's
cost of the improvements in excess of the loan funds offered to City prior to bid award,
or to reduce the scope of the project to match the loan funds offered by City.
b. Upon completion of the construction of the sewer, all dwellings constructed in
the R-2 District shall be connected to City's sewer.
c. City shall establish a loan repayment schedule of payments to be paid by
Developers to City at the time of the sale of each R-2 lot. Each such payment shall be
credited toward Developers' loan. Not later than five (5) years from the date of this
Agreement, the entire balance of the loan shall be paid by Developers to City.
d. As security for the loan by City to Developers, Developers shall, prior to the
award of a contract for the construction of the sewer, execute and deliver to City, in a
form acceptable to City a promissory note and mortgage encumbering the Property or
such other security as may be acceptable to the City Manager in the City Manager's
sole discretion.
5. City shall provide an interest-free loan to Developers in an amount not to
exceed $50,000 for the construction of a water main to serve Phase 1 of the R-2
District. To be eligible for this loan, the work must be bid and contracted by City and is
subject to City bidding requirements.
a. Developers shall cause to be prepared at their expense by an Iowa licensed
professional engineer and submit to City all plans, specifications, and construction
documents necessary for the water main for City for City review and approval and to
3
comply with the requirements of state law for public improvement contracts so that City
can bid the project and award the contract as a City project. If the cost of the selected
bid exceeds the loan funds offered by City, the Developers shall have the .option to
contract separately for the improvements in excess of the loan funds offered, or to pay
City's cost of the improvements in excess of the loan funds offered to City prior to bid
award, or to reduce the scope of the project to match the loan funds offered by City.
b. Upon completion of the construction of the water main, all dwellings
constructed in the R-2 District shall be connected to the water main.
c. City shall establish loan repayment schedule of payments to be paid by
Developers to City at the time of the sale of each R-2 lot identified in Phase I of this
development. Each such payment shall be credited toward Developers' loan. Not later
than five (5) years from the date of this Agreement, the entire balance of the loan shall
be paid by Developers to City.
d. As security for the loan by City to Developers, Developers shall, prior to the
award of a contract for the construction of the water main, execute and deliver to City, in
a form acceptable to City a promissory note and mortgage encumbering the Property or
such other security as may be acceptable to the City Manager in the City Manager's
sole discretion.
e. City shall pay to Developers the difference between the material cost of 8-inch
and 12-inch water main for water main that the City Manager determines in the City
Manager's sole discretion is required by City for future development, provided that City
shall have no obligation to pay Developers such difference in the material cost for water
main which the City Manager determines in the City Manager's sole discretion is
required by Developers to support the construction and the development of the
Property.
6. The loans provided under paragraphs 5 and 6 are being made for services to
principally residential development. Any benefit to future commercial development is
incidental only.
7. City agrees if Developers' annexation application is approved by the City
Council, the resolution approving the application shall provide for the transition for the
imposition of city taxes against the Property. The Property shall be entitled to the
following partial exemption from taxation for city taxes for a period of five years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
4
The five-year period shall begin when the Property is placed on City tax rolls by
Dubuque County. Lots sold after that date shall receive the partial exemption
percentage only for the remaining years of the five-year period.
8. City agrees to waive the $1,000 rezoning fee.
9. Failure by Developer to pay any connection fee when due shall constitute a
material breach of this Agreement for which City may suspend further performance of its
obligations under this Agreement until such breach is remedied.
10. This Agreement shall apply to and bind the heirs, successors, and assigns of
the parties.
11. All understandings and agreements, if any, previously made between the
parties hereto are merged in this Agreement, which alone fully and completely
expresses their understanding with respect to the subject of this Agreement. This
Agreement may not be modified except by an amendment executed by both of the
parties.
12. Upon execution of this Agreement, City shall promptly record this Agreement
with the Dubuque County Recorder.
CITY OF DUBUQUE, IOWA
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
STATE OF IOWA
DUBUQUE COUNTY
ss:
On this 18th day of December , 2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared ROY D. BUOL and
JEANNE F. SCHNEIDER, to me personally known, who being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a
municipal corporation; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation; that said instrument was signed and sealed on behalf of the
corporation by authority of its City council, as cont fined in Resolution No.609-06 passed by the City Council on the 18th day of December, 2006, and that ROY D. BUOL
and JEANNE F. SCHNEIDER acknowledged the execution of the foregoing instrument
to be their voluntary act and deed of the corporation by it and by them voluntarily executed.
notary public
SUSAN M. WINTER
COMMISSION NO.7 53274
MY COMMISSfON EXPIRES
2/14/08
STATE OF IOWA
DUBUQUE COUNTY
ss.
On this 2nd day of November 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared JOHN W. HERRIG and SALLY JO
HERRIG, to me personally known, who being by me duly sworn, did say that they
are the Property Owners; and that the said JOHN W. HERRIG and SALLY JO
HERRIG, acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for said State
JODEE A. THEISEN
Commission Number 725872
My commission expires 7/20/07
WHEREAS, as an incentive to Developers to voluntarily apply to City to annex
the Property, City is willing to enter into this Agreement, but only upon the terms and
conditions setforth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. This Agreement is subject to a final order of the City Development Board, after the
exhaustion of any and all appeals from the action of the Board or the expiration of the
time within which such appeals may be brought, approving the voluntary annexation of
the Property. In the event the City Development Board order approves such annexation
as to less than all of the Property, this Agreement shall be null and void with respect to
any of the Property not included in the Board's order.
2. Upon the filing of Developers' application for voluntary annexation, City shall
promptly consider the application and if the application is approved by the City Council,
transmit the application to the City Development Board as provided by law. Developers
agree not to withdraw the application or any part thereof after its filing with City.
3. City intends to construct a sanitary sewer which will be available to serve the
Property. The fee for sanitary sewer connection of lots in the Property to City's sewer
system shall be as follows:
a. For the portion of the Property designated as the A-1 District on Exhibit A
incorporated herein by reference, the fee for connection to the sewer system shall be
$5,000.00 provided that such A-1 District shall be developed and used exclusively for
Developers' personal residence. The fee shall be paid to City upon connection of
Developers' personal residence to City's sewer system. If the A-1 District is developed
for any purpose other than for Developers' personal residence, Developers shall pay the
connection fee of $500.00 per acre for any property developed for any purpose other
than the Developers' personal residence. The $500.00 per acre fee shall be paid within
twelve (12) months after final plat approval for each phase for any property developed
for any purpose other than the Developers' personal residence.
b. Developers shall pay the $500.00 per acre connection fee for any property
designated C-3 General Commercial District on Exhibit A incorporated herein by
reference. Developers agree to pay the connection fee to City for each lot sold by
Developers at the time of the sale of each lot and based upon the acreage of the lot.
City shall have no obligation to issue a permit for connection of any lot to the sanitary
system prior to the payment of the fee for such lot. Regardless of the number of lots
sold by Developers, if any, however, Developers shall pay to City by no later than five
(5) years from the date of this Agreement the entire balance of the connection fee
based on the total acreage of the C-3 General Commercial District.
c. Developers shall pay the $500.00 per acre connection fee for any property
designated R-2 Moderate Density Multi-Family Residential District on Exhibit A
2
Incorporated herein by reference. Developers agree to pay the connection fee to City for
each lot sold by Developers at the time of the sale of each lot, based upon the acreage
of the lot sold. City shall have no obligation to Issue a permit for connection of any lot to
the sanitary system prior to the payment of the fee for such lot. Regardless of the
number of lots sold by Developers, if any, however, Developers shall pay to City by no
later than five (5) years from the date of this Agreement the entire balance of the
connection fee based on the total acreage of the R-2 Moderate Density Multi-Family
Residential District.
4. City shall provide an interest-free loan to Developers in an amount not to
exceed $150,000 for the construction of a sanitary sewer to serve Phase 1 of the R-2
District. To be eligible for this loan, the work must be bid and contracted by City and Is
subject to City bidding requirements.
a. Developers shall cause to be prepared at their expense by an Iowa licensed
professional engineer and submit to City all plans, specifications, and construction
documents for the sewer necessary for City review and approval and to comply with the
requirements of state law for public improvement contracts so that City can bid the
project and award the contract as a City project. If the cost of the selected bid exceeds
the loan funds offered by City, the Developers shall have the option to contract
separately for the improvements in excess of the loan funds offered, or to pay City's
cost of the improvements in excess of the loan funds offered to City prior to bid award,
or to reduce the scope of the project to match the loan funds offered by City.
b. Upon completion of the construction of the sewer, all dwellings constructed in
the R-2 District shall be connected to City's sewer.
c. City shall establish a loan repayment schedule of payments to be paid by
Developers to City at the time of the sale of each R-2 lot. Each such payment shall be
credited toward Developers' loan. Not later than five (5) years from the date of this
Agreement, the entire balance of the loan shall be paid by Developers to City.
d. As security for the loan by City to Developers, Developers shall, prior to the
award of a contract for the construction of the sewer, execute and deliver to City, in a
form acceptable to City a promissory note and mortgage encumbering the Property or
such other security as may be acceptable to the City Manager In the City Manager's
sole discretion.
5. City shall provide an interest-free loan to Developers In an amount not to
exceed $50,000 for the construction of a water main to serve Phase 1 of the R-2
District. To be eligible for this loan, the work must be bid and contracted by City and is
subject to City bidding requirements.
a. Developers shall cause to be prepared at their expense by an Iowa licensed
profeSSional engineer and submit to City all plans, specifications, and construction
documents necessary for the water main for City for City review and approval and to
3
comply with the requirements of state law for public improvement contracts so that City
can bid the project and award the contract as a City project. If the cost of the selected
bid exceeds the loan funds offered by City, the Developers shall have the option to
contract separately for the improvements in excess of the loan funds offered, or to pay
City's cost of the improvements in excess of the loan funds offered to City prior to bid
award, or to reduce the scope of the project to match the loan funds offered by City.
b. Upon completion of the construction of the water main, all dwellings
constructed in the R-2 District shall be connected to the water main.
c. City shall establish loan repayment schedule of payments to be paid by
Developers to City at the time of the sale of each R-2 lot identified in Phase I of this
development. Each such payment shall be credited toward Developers' loan. Not later
than five (5) years from the date of this Agreement, the entire balance of the loan shall
be paid by Developers to City.
d. As security for the loan by City to Developers, Developers shall, prior to the
award of a contract for the construction of the water main, execute and deliver to City, in
a form acceptable to City a promissory note and mortgage encumbering the Property or
such other security as may be acceptable to the City Manager in the City Manager's
sole discretion.
e. City shall pay to Developers the difference between the material cost of 8-inch
and 12-inch water main for water main that the City Manager determines in the City
Manager's sole discretion is required by City for future development, provided that City
shall have no obligation to pay Developers such difference in the material cost for water
main which the City Manager determines in the City Manager's sole discretion is
required by Developers to support the construction and the development of the
Property.
6. The loans provided under paragraphs 5 and 6 are being made for services to
principally residential development. Any benefit to future commercial development is
incidental only.
7. City agrees if Developers' annexation application is approved by the City
Council, the resolution approving the application shall provide for the transition for the
imposition of city taxes against the Property. The Property shall be entitled to the
following partial exemption from taxation for city taxes for a period of fIVe years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-fIVe percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
4
The five-year period shall begin when the Property is placed on City tax rolls by
Dubuque County. Lots sold after that date shall receive the partial exemption
percentage only for the remaining years of the five-year period.
8. City agrees to waive the $1,000 rezoning fee.
9. Failure by Developer to pay any connection fee when due shall constitute a
material breach of this Agreement for which City may suspend further performance of its
obligations under this Agreement until such breach is remedied.
10. This Agreement shall apply to and bind the heirs, successors, and assigns of
the parties.
11. All understandings and agreements, if any, previously made between the
parties hereto are merged in this Agreement, which alone fully and completely
expresses their understanding with respect to the subject of this Agreement. This
Agreement may not be modified except by an amendment executed by both of the
parties.
12. Upon execution of this Agreement, City shall promptly record this Agreement
with the Dubuque County Recorder.
CITY OF DUBUQUE, IOWA
Attest:
Jeanne F. Schneider, CMC
City Clerk
By:
Roy D. Buol
Mayor
STATE OF IOWA
DUBUQUE COUNTY
)
)
)
ss:
On this day of , 2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared ROY D. BUOL and
JEANNE F. SCHNEIDER, to me personally known, who being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a
municipal corporation; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation; that said instrument was signed and sealed on behalf of the
corporation by authority of its City Council, as contained in Resolution No.
passed by the City Council on the _ day of . 2006, and that ROY D. BUOL
and JEANNE F. SCHNEIDER acknowledged the execution of the foregoing instrument
to be their voluntary act and deed and the voluntary act and deed of the corporation, by
it and by them voluntarily executed.
Notary Public in and for said State
5
. .'
STATE OF IOWA
DUBUQUE COUNTY
)
)
)
$S.
On this ~;l,(\~ day of -,)Jnll,.. ~^"' 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared JOHN W. HERRIG and SALLY JO
HERRIG, to me personally known, who being by me duly sworn, did say that they
are the Property Owners; and that the said JOHN W. HERRIG and SALLY JO
HERRIG, acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
a
ry Public in and for said State
:i.'"
f ~
...
JOOEE A,. THEISEN
Commllllon Number 12:6872
My Comml..lon bplftl 7. ~D 7
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Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. t3th St. Telephone: 589-4120
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JOHN W. AND SALLY JO HERRIG
This Agreement, dated the _ day of , 2006, is made and entered
into by, between and among the City of Dubuque, Iowa (City) and John W. and Sally Jo
Herrig (Developers).
WHEREAS, Developers are the owners of the real property shown on Exhibit A,
incorporated herein by reference, and legally described as follows:
Lot 1 of Lot 2 of the SW Y4 of the SE '/4 of Section 8, T89N, R2E of
the Stn P.M. in Dubuque County, Iowa (parcel ID # 1008451003)
Lot 1 of Butler's Hill Second Addition, T89N, R2E of the Stn P.M. in
Dubuque County, Iowa (parcel ID # 1008376003);
Lot 3 of Butler's Hill Second Addition, T89N, R2E of the Stn P.M. in
Dubuque County, Iowa (parcel ID # 1008451004);
Lot 2 of the N %2 of the SW '/< of Section 8, T89N, R2E of the Stn
P.M. in Dubuque County, Iowa (parcel ID # 1008328003); and
SW '/4 of the SW Y< of Section 8, T89N, R2E of the Stn P.M. in
Dubuque County, Iowa (parcel ID # 1008351001);
and
WHEREAS, Developers intend to request City to annex the Property; and
1
Prepared by Laura Carstens City Planner Address: CityHall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13 '~St- Telephone: 589-4121
RESOLUTION NO. 609 - 06
RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY JOHN W. AND SALLY JO HERRIG
Whereas, John W. and Sally Jo Herrig, as property owners have submitted a
written application for voluntary annexation of approximately 112.10 acres of
territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in
Exhibit A and legally described as:
Lot 1 of Lot 2 of the SW 1/4 of the SE 1/4, of Section 8, T89N, R2E of the
5th P.M. in Dubuque County, Iowa (parcel ID # 1008451003)
Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5"' P.M. in
Dubuque County, Iowa (parcel ID # 1008376003);
Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcel ID # 1008451004);
Lot 2 of the N 1/2 of the SW1/4 of Section 8, T89N, R2E of the 5th P.M.
in Dubuque County, Iowa (parcel ID # 1008328003); and
SW1/4. of the SW 1/4, of Section 8, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcel ID # 1008351001);
Whereas, the annexation territory is not subject to an existing annexation
moratorium; and
Whereas, the annexation territory does not include any state or railroad
property; and
Resolution No. - 06
Page 2
Whereas, the annexation territory includes 0.647 of adjacent County road right-
of-way to the centerline of Derby grange Road; and
Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City
limits in situations of this character by adoption of a resolution and notification as
required by State regulations; and
Whereas, this request has been found to be consistent with the Comprehensive
Plan and the Proposed Land Use Map of the Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa
makes it desirable that said territory be made part of the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the corporate limits of Dubuque, Iowa be and they are hereby
extended to include the territory as legally described above and as shown in Exhibit A.
Section 2. The territory hereby annexed shall become part of the 11"' Precinct
of the 2ndl Ward of the City of Dubuque, Iowa.
Section 3. The City shall provide for the transition for the imposition of City
taxes against property owner's property, as provided by Chapter 368 of the Code of
Iowa. That property owner's property shall be entitled to the following partial exemption
from taxation for City taxes for a period of five years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
The five-year period shall begin when the Property is placed on City tax rolls by Dubuque
County. Lots sold after that date shall receive the partial exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Clerk shall file this resolution, all exhibits and the
petition for voluntary annexation with the State of Iowa in accordance with State
Regulations.
Resolution No. _ - O6
Page 3
Passed, approved and adopted this 18t" day of December, 2006.
Roy D. Buol Mayor
Attest:
Jeanne F. Schneider, City Clerk
WHEREAS, as an incentive to Developers to voluntarily apply to City to annex
the Property, City is willing to enter into this Agreement, but only upon the terms and
conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOllOWS:
1. This Agreement is subject to a final order of the City Development Board, after the
exhaustion of any and all appeals from the action of the Board or the expiration of the
time within which such appeals may be brought, approving the voluntary annexation of
the Property. In the event the City Development Board order approves such annexation
as to less than all of the Property, this Agreement shall be null and void with respect to
any of the Property not included in the Board's order.
2. Upon the filing of Developers' application for voluntary annexation, City shall
promptly consider the application and if the application is approved by the City Council,
transmit the application to the City Development Board as provided by law. Developers
agree not to withdraw the application or any part thereof after its filing with City.
3. City intends to construct a sanitary sewer which will be available to serve the
Property. The fee for sanitary sewer connection of lots in the Property to City's sewer
system shall be as follows:
a. For the portion of the Property designated as the A-1 District on Exhibit A
incorporated herein by reference, the fee for connection to the sewer system shall be
$5,000.00 provided that such A-1 District shall be developed and used exclusively for
Developers' personal residence. The fee shall be paid to City upon connection of
Developers' personal residence to City's sewer system. If the A-1 District is developed
for any purpose other than for Developers' personal residence, Developers shall pay the
connection fee of $500.00 per acre for any property developed for any purpose other
than the Developers' personal residence. The $500.00 per acre fee shall be paid within
twelve (12) months after final plat approval for each phase for any property developed
for any purpose other than the Developers' personal residence.
b. Developers shall pay the $500.00 per acre connection fee for any property
designated C-3 General Commercial District on Exhibit A incorporated herein by
reference. Developers agree to pay the connection fee to City for each lot sold by
Developers at the time of the sale of each lot and based upon the acreage of the lot.
City shall have no obligation to issue a permit for connection of any lot to the sanitary
system prior to the payment of the fee for such lot. Regardless of the number of lots
sold by Developers, if any, however, Developers shall pay to City by no later than five
(5) years from the date of this Agreement the entire balance of the connection fee
based on the total acreage of the C-3 General Commercial District.
c. Developers shall pay the $500.00 per acre connection fee for any property
designated R-2 Moderate Density Multi-Family Residential District on Exhibit A
2
incorporated herein by reference. Developers agree to pay the connection fee to City for
each lot sold by Developers at the time of the sale of each lot, based upon the acreage
of the lot sold. City shall have no obligation to issue a permit for connection of any lot to
the sanitary system prior to the payment of the fee for such lot. Regardless of the
number of lots sold by Developers, if any, however, Developers shall pay to City by no
later than five (5) years from the date of this Agreement the entire balance of the
connection fee based on the total acreage of the R-2 Moderate Density Multi-Family
Residential District.
4. City shall provide an interest-free loan to Developers in an amount not to
exceed $150,000 for the construction of a sanitary sewer to serve Phase 1 of the R-2
District. To be eligible for this loan, the work must be bid and contracted by City and is
subject to City bidding requirements.
a. Developers shall cause to be prepared at their expense by an Iowa licensed
professional engineer and submit to City all plans, specifications, and construction
documents for the sewer necessary for City review and approval and to comply with the
requirements of state law for public improvement contracts so that City can bid the
project and award the contract as a City project. If the cost of the selected bid exceeds
the loan funds offered by City, the Developers shall have the option to contract
separately for the improvements in excess of the loan funds offered, or to pay City's
cost of the improvements in excess of the loan funds offered to City prior to bid award,
or to reduce the scope of the project to match the loan funds offered by City.
b. Upon completion of the construction of the sewer, all dwellings constructed in
the R-2 District shall be connected to City's sewer.
c. City shall establish a loan repayment schedule of payments to be paid by
Developers to City at the time of the sale of each R-2 lot. Each such payment shall be
credited toward Developers' loan. Not later than five (5) years from the date of this
Agreement, the entire balance of the loan shall be paid by Developers to City.
d. As security for the loan by City to Developers, Developers shall, prior to the
award of a contract for the construction of the sewer, execute and deliver to City, in a
form acceptable to City a promissory note and mortgage encumbering the Property or
such other security as may be acceptable to the City Manager in the City Manager's
sole discretion.
5. City shall provide an interest-free loan to Developers in an amount not to
exceed $50,000 for the construction of a water main to serve Phase 1 of the R-2
District. To be eligible for this loan, the work must be bid and contracted by City and is
subject to City bidding requirements.
a. Developers shall cause to be prepared at their expense by an Iowa licensed
professional engineer and submit to City all plans, specifications, and construction
documents necessary for the water main for City for City review and approval and to
3
comply with the requirements of state law for public improvement contracts so that City
can bid the project and award the contract as a City project. If the cost of the selected
bid exceeds the loan funds offered by City, the Developers shall have the option to
contract separately for the improvements in excess of the loan funds offered, or to pay
City's cost of the improvements in excess of the loan funds offered to City prior to bid
award, or to reduce the scope of the project to match the loan funds offered by City.
b. Upon completion of the construction of the water main, all dwellings
constructed in the R-2 District shall be connected to the water main.
c. City shall establish loan repayment schedule of payments to be paid by
Developers to City at the time of the sale of each R-2 lot identified in Phase I of this
development. Each such payment shall be credited toward Developers' loan. Not later
than five (5) years from the date of this Agreement, the entire balance of the loan shall
be paid by Developers to City.
d. As security for the loan by City to Developers, Developers shall, prior to the
award of a contract for the construction of the water main, execute and deliver to City, in
a form acceptable to City a promissory note and mortgage encumbering the Property or
such other security as may be acceptable to the City Manager in the City Manager's
sole discretion.
e. City shall pay to Developers the difference between the material cost of 8-inch
and 12-inch water main for water main that the City Manager determines in the City
Manager's sole discretion is required by City for future development, provided that City
shall have no obligation to pay Developers such difference in the material cost for water
main which the City Manager determines in the City Manager's sole discretion is
required by Developers to support the construction and the development of the
Property.
6. The loans provided under paragraphs 5 and 6 are being made for services to
principally residential development. Any benefit to future commercial development is
incidental only.
7. City agrees if Developers' annexation application is approved by the City
Council, the resolution approving the application shall provide for the transition for the
imposition of city taxes against the Property. The Property shall be entitled to the
following partial exemption from taxation for city taxes for a period of five years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
4
The five-year period shall begin when the Property is placed on City tax rolls by
Dubuque County. Lots sold after that date shall receive the partial exemption
percentage only for the remaining years of the five-year period.
8. City agrees to waive the $1,000 rezoning fee.
9. Failure by Developer to pay any connection fee when due shall constitute a
material breach of this Agreement for which City may suspend further performance of its
obligations under this Agreement until such breach is remedied.
10. This Agreement shall apply to and bind the heirs, successors, and assigns of
the parties.
11. All understandings and agreements, if any, previously made between the
parties hereto are merged in this Agreement, which alone fully and completely
expresses their understanding with respect to the subject of this Agreement. This
Agreement may not be modified except by an amendment executed by both of the
parties.
12. Upon execution of this Agreement, City shall promptly record this Agreement
with the Dubuque County Recorder.
CITY OF DUBUQUE, IOWA
Attest:
Jeanne F. Schneider, CMC
City Clerk
By:
Roy D. Buol
Mayor
STATE OF IOWA
DUBUQUE COUNTY
)
)
)
ss:
On this day of , 2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared ROY D. BUOL and
JEANNE F. SCHNEIDER, to me personally known, who being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a
municipal corporation; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation; that said instrument was signed and sealed on behalf of the
corporation by authority of its City Council, as contained in Resolution No.
passed by the City Council on the _ day of , 2006, and that ROY D. BUOL
and JEANNE F. SCHNEIDER acknowledged the execution of the foregoing instrument
to be their voluntary act and deed and the voluntary act and deed of the corporation, by
it and by them voluntarily executed.
Notary Public in and for said State
5
DEVELOPE S
#;./
n W. Herrig
=-
(
STATE OF IOWA
)
)
)
ss.
DUBUQUE COUNTY
On this ,':.)~,'\ <~ day of AI n 1/f'1M k~ 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared JOHN W. HERRIG and SALLY JO
HERRIG, to me personally known, who being by me duly sworn, did say that they
are the Property Owners; and that the said JOHN W. HERRIG and SALLY JO
HERRIG, acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
a MAl\.
ary Public in and for said State
,.Q"'I"'.....
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JODEE A. THEISEN
Comm!ulor, Number 12S8n
Wy COil'.mllllon Elplru 1,;),0 7
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MEMORANDUM
November 15, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Herrig Annexation -- Corrected Legal Description
Planning Services Manager Laura Carstens recommends the City Council set a public
hearing for December 18, 2006, to correct a typographical error in the legal description
for the previously-approved annexation of 112.10 acres owned John and Sally Jo Herrig
south of Derby Grange Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
ft1 (~)~l~ __
Micliael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
DU~~E
~Yk-~
MEMORANDUM
November 9, 2006
FROM:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
TO:
RE:
Herrig Annexation -- Corrected Legal Description
The City Council and the State of Iowa's City Development Board approved the request
of John and Sally Jo Herrig for voluntary annexation of 112.10 acres of property south
of Derby Grange Road earlier this year in connection with voluntary annexation
requests by Wendell Corey, Motor City Development, and Dean and Patricia Butler.
Upon submitting the annexation to the Dubuque County Recorder's Office, the City
Development Board was notified that there is a typographical error in the legal
description for the Herrig property on some of the documents filed with this application.
The legal description for one parcel was incorrectly identified as being in the southwest
y.. of Section 8 on the public hearing notice, the resolution, and the annexation
agreement. The parcel actually is in the southeast y.. of Section 8.
After consulting with the City Development Board, Assistant City Attorney Tim O'Brien
has advised that filing a correction affidavit to correct this error is not sufficient. He is
recommending that the City Council re-hold the public hearing on the Herrig request. A
new public hearing notice, resolution, and annexation agreement have been prepared
with the correct legal description.
I recommend that the City Council set the public hearing for December 18, 2006, to
meet state notification requirements, and then re-approve the annexation and
agreement.
Enclosures
Prepared by: Laura Carstens. Cilv Planner Address: Cilv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider Cilv Clerk Address: Cilv Hal~ 50 W. 13m St Telephone: 589-4121
RESOLUTION NO.
-06
RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY JOHN W. AND SALLY JO HERRIG
Whereas, John W. and Sally Jo Herrig, as property owners have submitted a
written application for voluntary annexation of approximately 112.10 acres of
territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in
Exhibit A and legally described as:
Lot 1 of Lot 2 of the SW 'l4ofthe SE 'l4 of Section 8, T89N, R2E of the
5th P.M. in Dubuque County, Iowa (parcellD # 1008451003)
Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1008376003);
Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1008451004);
Lot 2 of the N Yo of the SW 'l4 of Section 8, T89N, R2E of the 5th P.M.
in Dubuque County, Iowa (parcellD # 1008328003); and
SW 'l4 of the SW 'l4 of Section 8, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1008351001);
Whereas, the annexation territory is not subject to an existing annexation
moratorium; and
Whereas, the annexation territory does not include any state or railroad
property; and
Resolution No. - 06
Page 2
Whereas, the annexation territory includes 0.647 of adjacent County road right-
of-way to the centerline of Derby grange Road; and
Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City
limits in situations of this character by adoption of a resolution and notification as
required by State regulations; and
Whereas, this request has been found to be consistent with the Comprehensive
Plan and the Proposed Land Use Map of the Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa
makes it desirable that said territory be made part of the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the corporate limits of Dubuque, Iowa be and they are hereby
extended to include the territory as legally described above and as shown in Exhibit A.
Section 2. The territory hereby annexed shall become part of the 11th Precinct
of the 2nd Ward of the City of Dubuque, Iowa.
Section 3. The City shall provide for the transition for the imposition of City
taxes against property owner's property, as provided by Chapter 368 of the Code of
Iowa. That property owner's property shall be entitled to the following partial exemption
from taxation for City taxes for a period of five years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
The five-year period shall begin when the Property is placed on City tax rolls by Dubuque
County. Lots sold after that date shall receive the partial exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Clerk shall file this resolution, all exhibits and the
petition for voluntary annexation with the State of Iowa in accordance with State
Regulations.
Resolution No. - 06
Page 3
Passed, approved and adopted this
day of
2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:lUSERS/LCARSTENNVP/COUNCIUHerrig AnnexalionlHerrig annexation res.doc
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Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-'lll64
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPUCATION FORM
DVariana!
DCondltlonal Use Permit
DAppeaI
DSpedaI El<<:eplIoo
Dullited Setback WaINer
[iRezcning
DPlanned DistrIct
DPrellmlnary Plat
DMInor Rnall'Iat
[]Text Ao..."jl1lent
[iiJSlmple Site Plan
DMlna SIte Plan
o Major Site Plan
o Major Anal Plat
DSlmpIe Subdivision
KlAnnexallon
[]Temporary Use Permit
DCertIlIcate of EamomIc Non-V1abllity
Oceruftcate of Appropriateness
[]other.
P1---- tvDe or Drint leGiblY in Ink
Property owner(s): ftlH/J hI A/JIJ liP C:AI' V 111 ur:pprr.
Phone;l;A ~- ~~A-1491
Address: 1~1ljn C:"hIrOY In..o
Oty: fJllhllqllP J
state:--14- Zip: ~9nM
Fax NI.mber: ~A~- ~R9- H~4
Mobile/Cellular Nl.mber: SU ~4 ~- HAA
Applicant/Agent: Ian.. W fl. hh i (!
Phor1e: -S<<ma
Address: aty:
Slate: __._ Z1p:___
Fax Number:
MobI~CeIlular NI.mber:
SIte location/address: 13316 and 13500 VIlllbV GJr.arr.g. Road, 11"/'''11''' J T,,,,.. ~9"n9 .
ExIstIng zoning: Aa ~:~- ~, /-'f..stooc D1st:r1ct: tanc:!mllrk: ___
Legal Description (SldweII part:el1D# or lot runber/bkXk OImber/subdMslon):SL' ,u:tn~h.d I. goh
.QDlrnlility "id5li
Total property (lot) area (squarefeetoraaes): 112 AM.o-A MIL OJ! -'9 A,MA 111/
Describe proposal and reason necessary (atIact1 a lettEr of explanation, if needed):
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CERTIFICATION: 1/-. the l.I1CIersIgned, do hereby certify that:
1. The InformalIon subrTdttEd herein Is true and CXXTed: ID the best of "",lOOT I<rlO'.\1edge and upon
submittal bealmes public rec:ord;
2. Fees are not refundable and payment does not guarantee approval; and
3. All addtlonaI required wril:Ien and graphic matl!rIaIs are atIached.
4. AU appUetLtiOI'l 6eu and zo.ung 6eu pVL anl'lelC.liUol'l ILequu.t and zo.ung
Property~):tVUl. hVLbil'l IAltLi.ved by :the CU:lJ 06 VubuqueOate:
AppIlcanlj Agent: Date:
FOR OFFICE USE ONLY - APPUCATION SUBMITTAl CHECKLIST
Fee: ~ by:
D5ite/skeIr:h plan D Corlalptual DewIopOlent Plan
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Prepared by Barry A. Lindahl 300 Main Slreet Suite 330 Dubuque IA 52001 563 583-4113
Return to: Jeanne Schneider, City Clerk Address: City Hall, 50W. 13lh SI. Telephone: 589-4120
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JOHN W. AND SALLY JO HERRIG
This Agreement, dated the _ day of , 2006, is made and entered
into by, between and among the City of Dubuque, Iowa (City) and John W. and Sally Jo
Herrig (Developers).
WHEREAS, Developers are the owners of the real property shown on Exhibit A,
incorporated herein by reference, and legally described as follows:
Lot 1 of Lot 2 of the SW Yo of the SE Yo of Section 8, T89N, R2E of
the 5lh P.M. in Dubuque County, Iowa (parcellD # 1008451003)
Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1008376003);
Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5lh P.M. in
Dubuque County, Iowa (parcellD # 1008451004);
Lot 2 of the N Yz of the SW Yo of Section 8, T89N, R2E of the 5th
P.M. in Dubuque County, Iowa (parcellD # 1008328003); and
SW Yo of the SW Yo of Section 8, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1008351001);
and
WHEREAS, Developers intend to request City to annex the Property; and
1
WHEREAS, as an incentive to Developers to voluntarily apply to City to annex
the Property, City is willing to enter into this Agreement, but only upon the terms and
conditions setforth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. This Agreement is subject to a final order of the City Development Board, after the
exhaustion of any and all appeals from the action of the Board or the expiration of the
time within which such appeals may be brought, approving the voluntary annexation of
the Property. In the event the City Development Board order approves such annexation
as to less than all of the Property, this Agreement shall be null and void with respect to
any of the Property not included in the Board's order.
2. Upon the filing of Developers' application for voluntary annexation, City shall
promptly consider the application and if the application is approved by the City Council,
transmit the application to the City Development Board as provided by law. Developers
agree not to withdraw the application or any part thereof after its filing with City.
3. City intends to construct a sanitary sewer which will be available to serve the
Property. The fee for sanitary sewer connection of lots in the Property to City's sewer
system shall be as follows:
a. For the portion of the Property designated as the A-1 District on Exhibit A
incorporated herein by reference, the fee for connection to the sewer system shall be
$5,000.00 provided that such A-1 District shall be developed and used exclusively for
Developers' personal residence. The fee shall be paid to City upon connection of
Developers' personal residence to City's sewer system. If the A-1 District is developed
for any purpose other than for Developers' personal residence, Developers shall pay the
connection fee of $500.00 per acre for any property developed for any purpose other
than the Developers' personal residence. The $500.00 per acre fee shall be paid within
twelve (12) months after final plat approval for each phase for any property developed
for any purpose other than the Developers' personal residence.
b. Developers shall pay the $500.00 per acre connection fee for any property
designated C-3 General Commercial District on Exhibit A incorporated herein by
reference. Developers agree to pay the connection fee to City for each lot sold by
Developers at the time of the sale of each lot and based upon the acreage of the lot.
City shall have no obligation to issue a permit for connection of any lot to the sanitary
system prior to the payment of the fee for such lot. Regardless of the number of lots
sold by Developers, if any, however, Developers shall pay to City by no later than five
(5) years from the date of this Agreement the entire balance of the connection fee
based on the total acreage of the C-3 General Commercial District.
c. Developers shall pay the $500.00 per acre connection fee for any property
designated R-2 Moderate Density Multi-Family Residential District on Exhibit A
2
incorporated herein by reference. Developers agree to pay the connection fee to City for
each lot sold by Developers at the time of the sale of each lot, based upon the acreage
of the lot sold. City shall have no obligation to issue a permit for connection of any lot to
the sanitary system prior to the payment of the fee for such lot. Regardless of the
number of lots sold by Developers, if any, however, Developers shall pay to City by no
later than five (5) years from the date of this Agreement the entire balance of the
connection fee based on the total acreage of the R-2 Moderate Density Multi-Family
Residential District.
4. City shall provide an interest-free loan to Developers in an amount not to
exceed $150,000 for the construction of a sanitary sewer to serve Phase 1 of the R-2
District. To be eligible for this loan, the work must be bid and contracted by City and is
subject to City bidding requirements.
a. Developers shall cause to be prepared at their expense by an Iowa licensed
professional engineer and submit to City all plans, specifications, and construction
documents for the sewer necessary for City review and approval and to comply with the
requirements of state law for public improvement contracts so that City can bid the
project and award the contract as a City project. If the cost of the selected bid exceeds
the loan funds offered by City, the Developers shall have the option to contract
separately for the improvements in excess of the loan funds offered, or to pay City's
cost of the improvements in excess of the loan funds offered to City prior to bid award,
or to reduce the scope of the project to match the loan funds offered by City.
b. Upon completion of the construction of the sewer, all dwellings constructed in
the R-2 District shall be connected to City's sewer.
c. City shall establish a loan repayment schedule of payments to be paid by
Developers to City at the time of the sale of each R-2 lot. Each such payment shall be
credited toward Developers' loan. Not later than five (5) years from the date of this
Agreement, the entire balance of the loan shall be paid by Developers to City.
d. As security for the loan by City to Developers, Developers shall, prior to the
award of a contract for the construction of the sewer, execute and deliver to City, in a
form acceptable to City a promissory note and mortgage encumbering the Property or
such other security as may be acceptable to the City Manager in the City Manager's
sole discretion.
5. City shall provide an interest-free loan to Developers in an amount not to
exceed $50,000 for the construction of a water main to serve Phase 1 of the R-2
District. To be eligible for this loan, the work must be bid and contracted by City and is
subject to City bidding requirements.
a. Developers shall cause to be prepared at their expense by an Iowa licensed
professional engineer and submit to City all plans, specifications, and construction
documents necessary for the water main for City for City review and approval and to
3
comply with the requirements of state law for public improvement contracts so that City
can bid the project and award the contract as a City project. If the cost of the selected
bid exceeds the loan funds offered by City, the Developers shall have the option to
contract separately for the improvements in excess of the loan funds offered, or to pay
City's cost of the improvements in excess of the loan funds offered to City prior to bid
award, or to reduce the scope of the project to match the loan funds offered by City.
b. Upon completion of the construction of the water main, all dwellings
constructed in the R-2 District shall be connected to the water main.
c. City shall establish loan repayment schedule of payments to be paid by
Developers to City at the time of the sale of each R-2 lot identified in Phase I of this
development. Each such payment shall be credited toward Developers' loan. Not later
than five (5) years from the date of this Agreement, the entire balance of the loan shall
be paid by Developers to City.
d. As security for the loan by City to Developers, Developers shall, prior to the
award of a contract for the construction of the water main, execute and deliver to City, in
a form acceptable to City a promissory note and mortgage encumbering the Property or
such other security as may be acceptable to the City Manager in the City Manager's
sole discretion.
e. City shall pay to Developers the difference between the material cost of a-inch
and 12-inch water main for water main that the City Manager determines in the City
Manager's sole discretion is required by City for future development, provided that City
shall have no obligation to pay Developers such difference in the material cost for water
main which the City Manager determines in the City Manager's sole discretion is
required by Developers to support the construction and the development of the
Property.
6. The loans provided under paragraphs 5 and 6 are being made for services to
principally residential development. Any benefit to future commercial development is
incidental only.
7. City agrees if Developers' annexation application is approved by the City
Council, the resolution approving the application shall provide for the transition for the
imposition of city taxes against the Property. The Property shall be entitled to the
following partial exemption from taxation for city taxes for a period of five years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
4
The five-year period shall begin when the Property is placed on City tax rolls by
Dubuque County. Lots sold after that date shall receive the partial exemption
percentage only for the remaining years of the five-year period.
8. City agrees to waive the $1,000 rezoning fee.
9. Failure by Developer to pay any connection fee when due shall constitute a
material breach of this Agreement for which City may suspend further performance of its
obligations under this Agreement until such breach is remedied.
10. This Agreement shall apply to and bind the heirs, successors, and assigns of
the parties.
11. All understandings and agreements, if any, previously made between the
parties hereto are merged in this Agreement, which alone fully and completely
expresses their understanding with respect to the subject of this Agreement. This
Agreement may not be modified except by an amendment executed by both of the
parties.
12. Upon execution of this Agreement, City shall promptly record this Agreement
with the Dubuque County Recorder.
CITY OF DUBUQUE, IOWA
Attest:
Jeanne F. Schneider, CMC
City Clerk
By:
Roy D. Buol
Mayor
STATE OF IOWA
)
)
)
ss:
DUBUQUE COUNTY
On this day of , 2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared ROY D. BUOL and
JEANNE F. SCHNEIDER, to me personally known, who being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a
municipal corporation; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation; that said instrument was signed and sealed on behalf of the
corporation by authority of its City Council, as contained in Resolution No.
passed by the City Council on the _ day of , 2006, and that ROY D. BUOL
and JEANNE F. SCHNEIDER acknowledged the execution of the foregoing instrument
to be their voluntary act and deed and the voluntary act and deed of the corporation, by
it and by them voluntarily executed.
Notary Public in and for said State
5
DEVELOPERS
John W. Herrig
Sally Jo Herrig
STATE OF IOWA
)
)
)
ss.
DUBUQUE COUNTY
On this day of , 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared JOHN W. HERRIG and SALLY JO
HERRIG, to me personally known, who being by me duly sworn, did say that they
are the Property Owners; and that the said JOHN W. HERRIG and SALLY JO
HERRIG, acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for said State
6
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