Loading...
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