Cooperative Traffic Paint Pavement Markings AgreeTHE CITY OF
DUB E
~-~~
MEMORANDUM
April 28, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Cooperative Traffic Paint and Pavement Markings Agreement
In 1995 the State declared that a city which annexes property on only one side of a
county road must maintain that road to its centerline.
City Engineer Gus Psihoyos is recommending City Council approval of a new
Cooperative Traffic Paint and Pavement Markings Agreement between the City and
County of Dubuque. This agreement ensures that traffic paint and pavement marking
responsibilities are not split down roadway centerlines, which is inefficient and
impractical. This new agreement provides that the County will provide pavement
markings on both sides of seven roads and the City five. Centerline mileage, lane miles,
and traffic loads balance the disparity in the number of roads maintained by each entity.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
e ~~ ~-
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
DuB E MEMORANDUM
~°~-~~
April 27, 2007
TO: Michael C. Van Milligen, City Manag r
FROM: Gus Psihoyos, City Engineer
SUBJECT: Cooperative Traffic Paint and Pavement Markings Agreement
INTRODUCTION
The purpose of this memorandum is to provide information and recommend
approval of a new traffic paint and pavement markings agreement between the
City and County of Dubuque.
BACKGROUND
In 1995 the City and County of Dubuque entered into their first cooperative traffic
paint and pavement markings agreement. That agreement was prompted by
legislation and rulings that year regarding annexations. The State ruled that
annexations of property only on one side of a road did not excuse the annexing
city from road maintenance responsibilities. The State declared that a city that
annexes property on only one side of a county road must maintain its portion of
that road to its centerline. Recognizing the logistical difficulties presented by
such a scenario, City and County of Dubuque staff negotiated a 28E agreement
in 1995 addressing roadways impacted by the State's legislation. This
agreement was then approved by the Dubuque County of Supervisors and the
Dubuque City Council in the fall of 1995. It was subsequently amended in 1998,
1999, and 2005 to reflect Dubuque's continued growth.
DISCUSSION
Due to the recent annexations of properties along North Cascade and Derby
Grange Roads, the traffic paint and pavement markings agreement again needs
to be amended. Street and Sewer Maintenance Supervisor John Klostermann
and Public Works Director Don Vogt met recently with County Engineer Mike
Felderman to negotiate changes to the Winter Road Maintenance Agreement.
The Engineering Department has reviewed these changes and recommends that
the traffic paint and pavement markings agreement apply to the same sections of
roadway. The changes are minor, but reflect the new boundaries on Dubuque's
west and south sides. They ensure that the traffic paint and pavement marking
responsibilities are not split down roadway centerlines, which is inefficient and
impractical. The new agreement provides that the County will provide pavement
markings on both sides of seven (7) roads and the City five (5). Centerline
mileage, lane miles, and traffic loads balance the disparity in the number of roads
maintained by each entity. The proposed, amended agreement was reviewed
and approved by City Attorney Barry Lindahl.
ACTION TO BE TAKEN
I recommend that the City Council consider and approve the amended,
cooperative traffic paint and pavement markings agreement between the City
and County of Dubuque.
cc: Don Vogt, Public Works Director
John Klostermann, Street and Sewer Maintenance Supervisor
Bill Schlickman, Traffic Engineering Assistant
RESOLUTION NO. 236-07
APPROVING TRAFFIC PAINT AND PAVEMENT MARKINGS
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY
Whereas, jurisdiction over certain roadways in Dubuque County is divided
down the centerline between Dubuque County and the City of Dubuque; and
Whereas, the City of Dubuque, Iowa, and Dubuque County,. Iowa, agree
that painting of pavement markings divided down roadway centerlines is not cost
efficient or practical; and
Whereas, the City of Dubuque is willing to perform traffic paint and
pavement marking operations on portions of roadways located in Dubuque
county, specifically, Old Highway Road, Cousins Road, Peru Road, Seippel
Road, and John F. Kennedy Road; and
Whereas, Dubuque County is willing to perform traffic paint and pavement
marking operations on portions of roadway located in the city of Dubuque,
specifically, English Mill Road, Cottingham Road, North Cascade Road,
Riverside Road, Lake Eleanor Road, Middle Road, and Derby Grange Road; and
Whereas, it is necessary that the City of Dubuque and Dubuque County
enter into an agreement regarding the traffic paint and pavement markings 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 hereby
approves and directs the Mayor to sign the attached Traffic Paint and Pavement
Markings Agreement with Dubuque County for traffic paint and pavement
markings on said roadways.
Passed, adopted and approved this 7th day of May, 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Preparer's Name: ,Mary Lammers Address: 13047 City View Drive, Dubuque, Iowa 52002 Telephone: (563) 557-7283
Return To: Dubuque County Engineer Address: 13047 City View Drive, Dubuque, Iowa 52002 Telephone: (563) 557-7283
AGREEMENT
THIS AGREEMENT made and entered into by and between DUBUQUE COUNTY, Iowa and the CITY
OF DUBUQUE, Iowa in accordance with Iowa Code Chapter 28E. The purpose of this Agreement shall be
to define the. duties and responsibilities of Dubuque County and the City of Dubuque for traffic paint and
pavement markings of roads lying within the jurisdiction of the other public agency, as agreed to herein:
SECTION 1.MAINTENANCE BY DUBUQUE COUNTY. Dubuque County agrees to perform traffic
paint and pavement markings on the following roadways:
1) English Mill Road from Crescent Ridge southwesterly to the city limits.
2) Cottingham Road from Seippel Road to the city limits.
3) North Cascade Road from Cedar Cross Road southwesterly to the city limits.
4) Riverside Road from Peru Road easterly to the city limits.
5) Lake Eleanor Road from Digital Drive southeasterly to the city limits.
6) Middle Road from Seippel Road west to the city limits.
7) Derby Grange Road from John F. Kennedy Road west to the city limits.
SECTION 2. MAINTENANCE BY CITY OF DUBUQUE. City of Dubuque agrees to perform traffic
paint and pavement markings on the following roadways:
a) Old Highway Road from U.S. 20 westerly to Seippel Road.
b) Cousins Road from the Old Highway Road south to U.S. 20.
c) Peru Road from the city limits north to Riverside Road.
d) Seippel Road from the Cottingham Road north to Chavenelle Road.
e) J.F. Kennedy Road from the city limits north to Derby Grange Road.
SECTION 3. MAINTENANCE DEFINED. Traffic paint and pavement markings shall be defined on the
furnishing and installation of edgelines, centerlines and symbols and legends, as required on the roadway.
SECTION 4. TERM. This Agreement shall take effect upon approval by both parties.
SECTION 5. TERMINATION. This Agreement may be terminated at any time by either party upon 30
days written notice to the other party.
SECTION 6. ADMINISTRATION OF AGREEMENT. The County Engineer and the City of Dubuque
Public Works Director shall administer this Agreement. In doing so the County Engineer shall consult with
the Dubuque County Board of Supervisors and the 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.
SECTION 7. INDEMNIFICATION. The party responsible under this Agreement for the traffic paint and
pavement markings of a roadway shall indemnify and hold harmless the other party, its agencies 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 liability and expense of whatsoever nature, arising out of or in connection with the party's
performance or failure to perform its traffic paint and pavement markings on such roadway.
IN WITNESS THEREOF, the parties have set their hands, for the purpose herein expressed.
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
_~ _ Date: '~f-1~ -a7 , 2007.
Eric Manternach, Chair
ATTEST:
Denise M. Dolan, Dubuque County Auditor
On this o~3 day of ~ 2007 before me, ~~ U~`i /u~.[~~~.~ P~y~~ ~P~ , a Notary Public, in
and for the State of Iowa, per lly appeared Eric Manternach and Denise M. Dolan, to me personally known and who, being duly
sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the County of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument
was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as contained in the resolution adopted
by the Board of Supervisors, under Roll Call No. of the Board of Supervisors on the ~_ day of
2007, and Eric Manternach and Denise M. Dolan acknowledged the execution of the instrument to be their
volm tary act and d-~~,.v 1, a corporation, by it voluntarily executed.
F = i.~M BERENDES
t
ti' u m ber 195948 ~ ~ ~,~~~e~cO
._...~.~....,,..~........z. .., s a o ~^~ E z I re~
Notary Pu is
APPRO BY: CITY OF DUBUQUE, IOWA
Roy D. uol, Mayor
ATTEST:
~/
eanne F. Schneider, Dubuque City Clerk
Date: ~ ~ 2007
C+n this ~~ day of , 2007, before me, /~ 1i11//~ ~~'~,~T~//%~ , a Notary Public, in
and for the State of Iowa, personall appeared Roy D. Buol and Jeanne F. Schneider, to me personally known and who, being duly
sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council, as contained in the resolution adopted by the City Council, under Re11~31t"Ne.
of the City of Dubuque Gity Council on the ~"~`( day of J'7I'it?z/ , 2007, and Roy D.
Buol and Jeanne F. Schneider acknowledged the execution of the mstnunent to be their vountary act deed and the voluntary act
and deed of the corporation, by it voluntarily executed.
tvSTAHL
O'P~AlB' '' R ,~ ;0.745295 Notary is
G~ ` " N EXPJRES
~ ~ M•f ?i:' .:iii
~ow*