98_07_06 Joint LEC Agreement• RESOLUTION NO. 268 -98
A RESOLUTION APPROVING THE EBTENSION OF THE JOINT
COUNTY~CITY LAW ENFORCEi~N'P CENTER BUILDING AGREffi~:N'P.
Whereas, on June 12, 1972 the Dubuque County Board of
Supervisors and the City of Dubuque entered into an agreement for
joint construction and administration of the Law Enforcement
Center; and
Whereas, that 25-year agreement has expired and it is
necessary to enter into an agreement to renew the commitment of
Dubuque County and the City of Dubuque to the Law Enforcement
Center.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA approves and authorizes the City Manager to
sign the Joint County\City Law Enforcement Center Building
Agreement attached hereto.
Passed, approved and adopted this 6th day of July ,
1998.
~`
e M. Duggan
Mayor
Attest:
ary Davis
City Clerk
LG
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JOINT COUNTY/CITY LAW ENFORCEMENT CENTER BUILDING AGREEMENT
• IT IS HEREBY AGREID by and between Dubuque County, Iowa, ("County") and the
city of Dubuque, Iowa, ("Cit}~') as follows:
1. The Dubuque Law Enforcement Cerner was constructed and has been operated
pursuarn to an agreement made between the County and City June 12, 1972. This agreement is
intended to continue the joirn operation of the Dubuque Law Enforcemern Center.
2. The Dubuque Law Enforcement Cerner land, structure, and improvements aze jointly
owned by the County and the City in the following undivided portions: county 70.7317 %, City
29.2683 %. The Dubuque Law Enforcement Center shall be jointly administered by the Board
of Supervisors of the County and the City Council of the City as provided in this agreement.
3. The assignment of building spaces including parking spaces, shall be made jointly by
the Chairperson of the Board of Supervisors and the City Manager.
4. Equipment and furnishings which serve the needs of both the County and the City
shall be obtained and installed after agreement between the Chairperson of the Board of
Supervisors and the City Manager. Equipment and furnishings which serve the sepazate needs
of either the County or the City may be obtained and installed upon the approval of ,
respectively, the Chairperson of the Board of Supervisors or the City Manager. Equipment and
furnishings serving the needs of the jail may be obtained and installed upon the approval of the
. Chairperson of the Board of Supervisors.
5. The operation and maintenance of the Dubuque Law Enforcement Cerner building
and premises shall be the responsibility of the Board of Supervisors. The cost of heat,
electricity, water, repairs and janitorial services shall be paid by the Board of Supervisors. The
County shall bill the City monthly and the City shall promptly pay a 29.2683 % share of such
costs.
6. No repair, renovation, alteration, improvement or reconstruction of the building for
which the expected cost exceeds $5,000.00 shall be undertaken without the prior written
approval of both the City manager and the Chairperson of the Board of Supervisors, in addition
to compliance with applicable statutory requirements.
7. Expansion of the Dubuque Law Enforcement Center building shall be jointly
determined by the Board of Supervisors and the City Council.
8. Upon termination of the agreement, the disposition of jointly owned property shall be
determined by agreement between the Board of Supervisors and the City Council. Each party
shall continue to provide its share of the cost of operation and maintenance of the building until
such a termination agreement is reached.
>.~
• 9. The duration of this agreement shall be for a period of 25 years from the date the
agreement becomes effective. Thereafter, the agreemern shall be automatically renewed year
by year upon the same terms and conditions. Either party may terminate the agreement by
giving the other written notice. Subject to paragraph 8 herein, the termination shall be effective
no earlier than one year from the anniversary date of this agreement following such written
notice of termination. This agreement may be replaced or terminated at any time by mutual
agreement.
10. This agreemern is made pursuant to Iowa Code Chapter 28E. No separate legal or
administrative entity is created by this agreement. This agreement shall take effect upon filing
and recording as provided by Iowa Code Section 28E.8.
Agreed and executed this ~ day of , 1998.
•
BY:
Dubuque County Board of Supervisors
'Ji"m Waffei, Chairperson
Denise M. Dolan,
Dubuque County Auditor
Agreed and executed this ~ day of 1998.
City of Dubuque, Iowa
BY:
ATTEST
•
C.L.
Mary avis, City Clerk
[IJM-.''~>-1`~'-~~' ~~:15 FPCIfI _~~hi_iryi_'w I_,~~,~ Fr-.+'~-.r c~=ment Tfl
8-583104G~ P. G4
. JC)[NT COC3I~ITY/CITY` I_,AV4' f~.NFOIZCF.,1bi~:.NT CEN I'IrR BUII,DING AGREEMEM
IT IS HEREBY" ~C;REE[) by and between Dubuque County, Iowa, ("Couut}~~ and the
city of Dubuque, Iowa, ("City") as fellows.
I . The Dubuque Law Enforcement Center was constnrc-ted and has been operated
pursuant to an agreemern made between the County and City Jtrne I2, 1972. This agreement is
irnended to continue the joint operation of the Dubuque Law Enforcemetrt Center.
Z. 'The Dubuque Law Enforcement Center land, structure, and improvemerrts are jointly
owned by the County and the City in the following undivided portions: county 70.'7317 %, City
29.2683 %. The Dubuque Law Enforcement Center shall be jointly administered by the $oard
of Supervisors of the Gvunty and the City Council of the City as provided in this agreement.
3 The assignment of building spaces including parking Spaces, shall be made jointly by
the Chairperson of the $oard of Supervisors and the City Manager.
4 Equipment and furnishings which serve the needs of both the County and the City
shall be obtained and installed affer agreemern between the Chairperson ofihe $oard of
Supervisors and the City 'Ltanager l~quiprrtent and furnishings which serve the separate needs
of either the County or thf City rrtay be obtained and installed upon the approval of,
respec~tiveIy, the C:hairpersUn ofthe Board of Supervisors or the City Manager. Equipment and
furnishings serving the needs of the jail may be obtained and installed upon the approval of the
. Chairperson of the Board of Supervi sots
5. The operation a.nd maintenance of the Dubuque I.aw Eriforcemertt Center building
and premises shall be the responsibility of the Board of Supervisors. The cost of heat,
electricity, water, repairs and janitorial services shall be paid by the Board of Supervisors. The
County shall bill the City ~nerrtl~y an~i this City shall promptly pay a 29.2b83 % share of such
costs,
6 No repair, renovation., altc,~ration. improvement or reconstruction of the building for
which the expected cost exc~>eds $~,Ot)p CEO shall be undertaken without the prior written
approval of both the Cite manager a*~~:I the C'hairpersort of the Board of Supervisors, in addition
tv compliance with applicable statutory requirements
7. Expansion of the Dubuque l,aw Enforcement Center building shall be jointly
determined by the Board of `supervisors and the City Council.
8. Upon termissatictn ofihe agreernt~rtt, the disposition of jointly owned property shall be
determined by agreement between ttae Board of Supervisors and the City Council. Each party
steal! continue to provide its share of the cast of'operation and maintenance of the building until
such a termination agreement is reach~yd
,TUN-:~~-1`~~~f=i Cj'?~ lr, FF'~-I~~i t~:~b~-iq~_~~- L_.~~~~ En+~nr-c;r~~=nt TO 8-SS~1L'14I~ P.~S
• 9. The ducat+on of this agreemern shat[ be for a period of 25 years from the date the
agreement becomes effective. Thereafter, the agreement shall be automatically renewed year
by year upon the same terrr~s and conditions. Either party may ternunate the agreement by
giving the other written notice Subject to paragraph 8 herein, the termination shall be effective
no earlier than one year from the anniversary date of this agreement following such written
notice of termination. Tlus agreement nay be replaced or terminated at any time by mutual
agreement
l0. This ageemern is made pursuant to Iowa Code Chapter 28E. No separate legal or
administrative entity is cr~:ated by this agreement This agreement shalt take effect upon filing
and recording as provided by Iowa Code Section 28E.8.
Agreed and executed this _~_~~~day of ~1~.C~,..~__. 1998.
Dubuque County Board of Supervisors
~~
~.-~-
BY
m WaI`Cer, Chairperson - ---
Al-IE57 ~~~~'-ti.~ __
Denise M. Dolan,
Dubuque County Auditor
Agreed and executed this - _ _-- day of~ ~ 1998.
I3Y:
Al"TEST:
City of Dubuque, Iowa
Terry Duggan, Mayor
Mary A Davis, City Clerk
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~~- CITY OF DUBUQUE, IOWA
-~-~~ MEMORANDUM
~r
~~
~~~~
sbo`~
]uly 2, 1998
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement on Joint County/City Law Enforcement Center
Police Chief John Mauss is recommending execution of renewed agreement with Dubuque
. County relating to sharing the Dubuque Law Enforcement Center.
1 concur with the recommendation and respectfully request Mayor and City Council approval.
V
ichael C. Van Milligen
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
]ohn Mauss, Police Chief
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'9~ JUI~ 2 Phi ~ 5~
CITY ~L~`RK
~~6U~UE, laW~
CITY OF DUBUQUE, IOWA
MEMORANDUM
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June 30, 1998
TO Michael C. Van Milligen
City Manager
FROM John J. Mauss
Chief of Police
SUBJECT Agreement on Joint County/City Law Enforcement Center
INTRODUCTION
The purpose of this memo is to recommend City Council Approval of a renewed
agreement with Dubuque County relating to the DLEC.
BACKGROUND
The Dubuque County Board of Supervisors have approved and have sent to you an
agreement relating to the DLEC, replacing an agreement which was originally
entered into in June, 1972. That agreement has expired as of June, 1997.
• The proposed present agreement retains the original cost sharing proportions,
which was based on assigned space at the time of construction of DLEC. It
deletes all language and conditions which were necessary for the initial
construction, and incorporates language which states that any expansion shall
be jointly determined by the Board of Supervisors and the City Council.
It provides that no repair, renovation, alteration, improvement or
reconstruction of the building which is expected to exceed $5,000 in cost shall
be undertaken without prior written approval of both the City Manager and the
Chairperson of the Board of Supervisors.
The term of the agreement is for 25 years, providing for automatic renewal on
an annual basis thereafter, but either party may terminate the agreement by
giving written notice not less than one year in advance, or it may be replaced
or terminated at any time by mutual consent.
RECOMMENDATION
I recommend approval of the agreement by the City Council.
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. ~ ,.
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TELEPHONE:
318589-4441
June 15, 1998
~LJubuc~ue ~ounEc~
U,oard o ~u ervi~or~
COURTHOUSE
DUBUQUE, IOWA 52001.7053
,, ~~~~~U
~a~~._.
DONNA L. SMITH
ALAN R. MANTERNACH
JIM WALLER
Mr. Mike Van Milligen
City Manager
50 W. 13`" St.
Dubuque IA 52001
Dear Mike:
Enclosed is the Joint County/City Law Enforcement Center Building Agreement renewing the
1972 agreement, as approved by the Dubuque County Board of Supervisors today.
Please take this Agreement to the City Council for approval and return the original to us for
recording purposes.
Thank you for your cooperation.
Sincerely,
DUBUQUE COUNTY BOARD OF SUPER~~ISORS
~~ ~~~~
.dim Waller, Chairperson
Jh
encl.
cc: Sheriff Leo Kennedy
Chief JohnMauss
® 313•M
7F
.., ;.
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RESOLUTION NUMBER 98-~~Z
WHEREAS, on June 12, 1972, the Dubuque County Board of Supervisors approved a 28-
E Agreement with the City of Dubuque for joint construction and administration of the
Law Enforcement Center; and
WHEREAS, that 25-year agreement has expired and it is necessary to enter into an
agreement to renew the commitment of Dubuque County and the City of Dubuque to this
joint venture.
NOW THEREFORE BE IT RESOLVED that the Dubuque County Board of Supervisors
approves and authorizes the Chairperson to sign the succeeding Joint County/City Law
Enforcement Center Building Agreement.
Resolution adopted this ~ day of June, 1998.
r
Ji ~. aller, Chairperson
Attest:
Denise M. Dolan, County Auditor
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