28E Agreement Fiber Optic Loan_CountyRESOLUTION NO. 106-02
APPROVING A 28E AGREEMENT WITH DUBUQUE COUNTY, IOWA FOR LOAN
FUNDS FOR FIBER OPTIC CABLE RELOCATION
Whereas, it is in the interest of the City of Dubuque and the County of Dubuque
to facilitate immediate construction work involving improvements and rerouting of parts
of the existing City-owned fiber optic cable system providing communication services to
downtown public facilities, including the County's jail expansion project currently
underway; and
And whereas, to allow the proposed work to proceed and to accommodate
budget restrictions, the County has agreed to loan sufficient funds to the City to pay for
the City's share of the proposed work pursuant to the 28E Agreement attached hereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The 28E Agreement attached hereto is hereby approved.
Section 2. The City Manager shall administer the 28E Agreement on behalf of
the City.
Passed, approved and adopted this 4th day of March, 2002.
T rrance M. Dugg ayor
Attest:
~ ~~ ~~~~ ~
Jeanne F. Schneider, CMC, City Clerk
~LJubu ~u~ (.,otcrtEc~
PHONE: 563-589-4441
FAX: 563-589-7884
EMAIL: brdofsup~dbeco.org
February 25, 2002
Mr. Mike Van Milligen
City Manager
50 West 13t" St.
Dubuque IA 52001
Dear Mike:
/ c7
oard o Ju ervr3or~
COURTHOUSE
DUBUQUE, IOWA 52001-7053
DONNA L. SMITH
ALAN R. MANTERNACH
JIM WALLER
Enclosed are two original copies of an'agreement prepared by the Dubuque County Attorney and
approved at our regular meeting this date, providing for a no-interest loan from the County to the
City of Dubuque to facilitate immediate work to reroute the fiber optic cable discussed at our
meeting of February 13, 2002.
Please return a signed original to us after the Council has approved it. Thank you.
Sincerely,
DUBUQUE COUNTY BOARD OF SUPERVISORS
Donna L. Smith, Chairperson
jh
encl. (2)
cc: Barney Bishop, Durrant Group
7-L
RESOLUTION NUMBER 2002-
BE IT RESOLVED that the Dubuque County Board of Supervisors approves and
authorizes the Chairperson to sign a 28-E Agreement with the City of Dubuque to
authorize a loan of up to $40,000 to the City of Dubuque for improvements and rerouting
of parts of the existing City-owned fiber optic cable system to facilitate the County's
project to expand the existing Law Enforcement Center, with the full amount payable on
or before July 1, 2004.
Resolution adopted this 25`'' day of February, 2002.
Donna L. Smith, Chairperson
Attest:
t
Denise M. Dolan, County uditox
28E Agreeement
Pursuant to Iowa Code Chapter 28E, it is hereby agreed by and between the City of
Dubuque, Iowa and Dubuque County, Iowa, as follows:
1. It is in the interest of both parties to facilitate immediate construction work
involving improvements and rerouting of parts of the existing City-owned fiber
optic cable system providing communication services to downtown public
facilities. The proposed work is related to the County's jail expansion project
currently underway.
2. To allow the proposed work to proceed and to accommodate budget restrictions,
the parties agree that the County should loan sufficient funds to the City to pay for
the City's share of the proposed work.
3. The County therefore, agrees to loan $40,000 to the City. The loan funds shall be
used to pay for the City's share of the proposed fiber optic cable work.
4. The City shall repay the full amount of $40,000 on or before July 1, 2004. No
interest shall be charged on the loaned funds.
5. The duration of this agreement shall extend from the date of its execution and
entry into force until the completion of the repayment of the loaned funds.
6. No separate legal or administrative entity is created by this agreement.
7. Any property acquired with the loaned funds shall be and remain the property of
the City. This agreement does not contemplate the joint acquisition of real or
personal property.
8. This agreement shall be administered by the City Manager.
9. This agreement shall become effective after filing and recording as provided by
Iowa Code Section 28E.8.
Approved by resolution of the Dubuque County Board of Supervisors adopted on the
~h ~ day of February, 2002.
Donna M. Smith, Chairperson
Attest: ~ ~
Denise M. Dolan, C ty Auditor
Approved by Resolution of the City Council of the City of Dubuque adopted on the
~ ~~" day o~r~, 2002.
i~~~~~_
Terra ce M. Duggan, May
Attest• _ ~ ~ ~~~~ ~'~ ''~~1~
% eanne Schneider, City Clerk
. ~
~ THE CITY OF
DuB E
~-~~
MEMORANDUM
February 28, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 28E Agreement with Dubuque County to Install Fiber Optic Cable
I respectfully recommend Mayor and City Council approval of a 28E Agreement to fund
the installation of fiber optic cable between the Dubuque Carnegie-Stout Public Library
and the City Hall Annex Building to facilitate the construction of the Dubuque Law
Enforcement Center.
Michael C. Van Milligen °~
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager