IDOT_Transfer of Jurisdiction for 9th - 11th Street One-way to Two-way ConversionTHE CITY OF
DUB
Masterpiece on the Mississippi
TO:
FROM: Gus Psihoyos, City Enginee
SUBJECT: Iowa Department of Transportation Transfer of Jurisdiction
Iowa DOT Agreement No. 2014 -TJ -006 REVISED
Kevin Firnstahl, CMC, Clerk City
DATE: December 10, 2014
Dubuque
11111!
2007•20I2-2013
Attached are two REVISED agreements between the Iowa Department of
Transportation (Iowa DOT) and the City of Dubuque for the Transferring Jurisdiction of a
portion of U.S. 52 (U.S. 52/White Street) in Dubuque for the 9th and 11th Streets One-
way to Two-way Conversion Project.
The original agreement was approved by the City Council on August 18, 2014 (Res No.
247-14), authorizing the Mayor to sign the Iowa DOT Agreement for Transfer of Public
Road Jurisdiction between the City and the State.
Upon final execution of the agreement, the Iowa DOT requested some formatting
changes and revisions to the included agreement exhibits. A Segment F was added to
the agreement Exhibit A (as a black dashed line) which acknowledges and provides
access to the the City's Intermodal Transportation facility.
Since these revisions to the agreement are minor, 1 am requesting that the Mayor sign
the attached REVISED agreements and return to the Engineering Department for
further processing.
Thank you
Prepared by: Bob Schiesl, Assistant City Engineer / KB
cc: Michael C. VanMilligen, City Manager
DOT
SMARTER 1 SIMPLER I CUSTOMER DRIVEN
December 3, 2014
wvvvv.iowadot.gov
District 6 Office 1 Highway Division
5455 Kirkwood Blvd. SW, Cedar Rapids, IA 52404
Phone: (319) 364-0235 I Fax (319) 364-9614 1 Email: jim.schnoebelen@dot.iowa.gov
Robert D. Schiesl, P. E.
Assistant City Engineer
City of Dubuque / City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
REF: TJ -052-2(134)-2M-31
Dubuque County
City of Dubuque
Agreement 2014 -TJ -006
REVISED
SUBJECT: Agreement 2014 -TJ-006 FINAL (Transfer of Jurisdiction of a portion
of US 52 in Dubuque.) REVISED
Dear Mr. Schiesl:
Attached are two (2) copies of a Transfer of Jurisdiction between the City of Dubuque and
the Iowa Department of Transportation for the above referenced project. The project
involves Transferring Jurisdiction of a portion of US 52 (US52/White Street) in Dubuque.
The changes you requested have been incorporated in the document.
Please secure the necessary approvals and signatures of the appropriate City of Dubuque
officials and return both signed copies of the Transfer of Jurisdiction to this office for further
processing. An original of the fully executed agreement will be forwarded to the City of
Dubuque after final signature by our department.
If you have any questions concerning this agreement, please contact me at the above listed
phone number.
Sincerely,
James. R. Schnoebelen, P. E.
District 6 Engineer
JRS/sjb
Enclosures (2)Transfer of Jurisdiction 2014 -TJ -006 ]DEVISED
August 2013
IOWA DEPARTMENT OF TRANSPORTATION
Agreement for
Transfer of Public Road Jurisdiction
County
City
Project No.
Iowa DOT
Agreement No.
Commission Order No.
Dubuque
Dubuque
TJ -052-2(134)--2M-31
2014 -TJ -006
This Agreement entered into by and between the Iowa Department of Transportation, hereinafter
designated the "STATE", and the city of Dubuque, Iowa, a Local Public Agency, hereinafter designated
the "LPA"; and in consideration of these premises and the mutual covenants hereinafter set forth, it is
hereby agreed as follows:
WITNESSETH, that
1. In accordance with the provisions of Iowa Code Sections 313.2 and / or 306.42, the STATE and
LPA hereby agree to transfer jurisdiction of the following public road segment(s), including all
structures and right-of-way, to each other as described herein:
The STATE shall transfer to the LPA the following segments as shown as a red dashed
line on Exhibit A:
Segment A: that portion of U.S. 52 (11th Street) that carries traffic between White Street
and the southbound off -ramp of U.S. 61/151 from centerline to south edge of traveled
way for approximately 1600 feet.
Segment B: that portion of Pine Street that carries traffic between 9th Street and 11th
Street from centerline to west edge of traveled way for approximately 750 feet.
Segment C: that portion of U,S. 52 (9th Street) that carries traffic between Pine Street
and the U.S. 61/151 northbound off -ramp from centerline to north edge of traveled way
for approximately 100 feet.
Segment D: that portion of U.S. 52 (9th Street) that carries traffic between White Street
and Central Avenue from centerline to north edge of traveled way for approximately
250 feet.
Segments A, 8, C, and D as described above are for one-half of the traveled way for a
total length of approximately 2700 feet.
The LPA shall transfer to the STATE the following segment as shown as a blue dashed line
on Exhibit A:
Segment E: that portion of White Street between 9th Street and 11th Street which will
carry northbound U.S. 52 traffic in both lanes; for a total length of approximately 600
feet.
2014 -TJ -006 Dubuque 1
August 2013
2. That portion of U.S. 61/151 east bound off -ramp (ramp 3000) which extends approximately 250
feet north of U.S. 52 (9th Street), designated as Segment E and shown as a black dashed line in
Exhibit A, will be left in place to provide access to the City's Intermodal Transportation facility. It
shall be maintained by the LPA.
3. The STATE and LPA agree to accept the road segment(s) described in this Agreement into its
(their) road system(s) and maintain them in accordance with all applicable laws, regulations, and
administrative rules.
4. This transfer includes no bridges.
5. The LPA and the STATE have examined the physical condition of the public road segment(s)
described in this Agreement and have agreed that:
a. The road segment(s) shall be transferred in its (their) present condition.
b. Road segment conditions are considered to be in an equal state of repair to one another.
c. These transfers being mutually beneficial to the STATE and the LPA; and the transferred
road segments being considered in an equal state of repair; the STATE and LPA shall
transfer no funds for repairs to any of the road segments.
d. These transfers being mutually beneficial to the STATE and the LPA; and the transferred
road segments being considered in an equal state of repair; the STATE and LPA shall
not be required to perform any repairs to any of the road segments.
e. The LPA, at its cost, shall maintain and be responsible for maintenance activities of all
rights of way identified as to be transferred to the LPA in this agreement unless otherwise
described in a subsequent annual maintenance agreement.
6. The transfer of jurisdiction of the public road segment(s) described in this Agreement shall take
place following the execution of this agreement by both the LPA and the STATE and following the
completion of the one-way to two-way conversion.
7. The LPA shall provide copies to the STATE of construction or as -built plans, right-of-way
information, local traffic operations ordinances such as speed limits and parking restrictions, etc.,
and public or private utility plans and agreements or permits for the portions of said public road
segment to be transferred to the STATE.
8. The LPA and STATE shall jointly control access on said public road segment as follows:
a. The basic provisions for access control are set forth in City of Dubuque Unified
Development Code, Ordinance Number 52-09, passed by the Dubuque City Council on
October 19th, 2009; and the adoption of the Statewide Urban Design and Specifications,
Ordinance Number 48-14, passed by the Dubuque City Council on February 14th, 2014
included in Exhibit B;
b. The LPA agrees not to modify or alter in any manner the aforementioned City Ordinance
without consultation and approval by the STATE;
c. Requests for access to said public road segment shall be reviewed for conformance to
the spacing requirements set forth in the STATE's Iowa Primary Highway Access
Management Policy and the aforementioned City Ordinance. Approved requests shall be
issued an access permit by the STATE (with concurrence by the LPA) establishing the
details of the access;
2014 -TJ -006 Dubuque 2
August 2013
d. If, in the future, (1) the LPA no longer wishes to maintain the aforementioned City
Ordinance, or (2) the STATE and the LPA are unable either to adhere to the spacing
requirements of the Primary Road Access Policy or to adhere to the Policy without the
payment of compensation, the STATE and the LPA shall cooperate jointly to acquire
access rights by purchase or condemnation, and the LPA shall reimburse the STATE for
the costs and expenses involved before the repeal of said City Ordinance;
e. In accordanoe with 761 Iowa Aciministrative Code Chapter112.11(3), the LPA shanot
allow anaccess on any iside street underdo]uhmdkction.withn15Oh*et
of the edge of said public road segment, or within 150 feet of the edge of any planned
additional lanes;
f. The LPA hereby agrees to defend and to hold harmless the STATE in any action brought
against the LPA or STATE regarding access control as enforced under the provisions of
this Agreement.
A. All future improvement, maintenance, extension or expansionof the transferred road segment
shall be in accordarice with 761 Iowa Administrative Code Chapte150 (inoluding any future
revisions or amendments) regarding primary road extensions.
10. The LPA and the STATE have10. The LPA and the STATE have inspected the public road segment(s) described in this Agreement
and agree to accept their respective road segmentseubject to the conditions set forth herein. In
accordance with Iowa Code Section 306.42(6), neither the LPA nor the STATE shall be held
liable for any claim for damage for any act or omission relating to the design, construction, or
maintenance of the public road segment(s) described this Agreement that occurred prior to the
effective date of the transfer.
11. The STATE shall transfer to the LPA by quit-ctaim deed all Its legal or equitable title er interestin
the right-of-way, except as noted in Section 6 following, of the public road segment(s) to be
transferred to the LPA described in this Agreement. The LPA shall accept said deed, pursuant to
Iowa Code Section 3O8.43.
12. The LPA shalt transfer to the STATE by quit -claim deed all its legal or equitabletitle or interest in
the right-of-way of said public road segment to be transferreto the STATE. The STATE shall
accept said deed, ant to Iowa Code Section 308.42. The LPA and STATE acknowledge that
there is a proposed transfer of jurisdiction for the remainder of U.S. 52 (Southwest Arterial) in the
downtown Dubuque area and agree that it would be beneficial to combine the right-of-way
transfer for both transfers of jurisdiction after the execution of the Southwest Arterial transfer
agreement or at a mutually agreeable date should it be determined not to execute the transfer of
the remainder of U.S. 52 (Southwest Arterial).
13. If the STATE has acquiredacquired access rights by warranty deed for the pubtic roadsegment(s)
described ithis Agreement,thaLPAahmUnot within 150 feet of the edge of any intersecting
primary highway, either alter those rights or allow any new access.
14. Once the transfer ofjurisdiction is complete, the LPA shall be responsible for signirig the road
segment(s) transferred to the LPA. Procedures to modify the secondary route numbering system
are outlined in Instructional Memorandum (IM) 4.01.
15. If any section, provion, or part of this Agreement is found to be invalid or unconstitutional, such
finding shall not affect the validity of the Agreement as a whole or any section, provision, or part
August 2013
16. This Agreement shall be executed in two counterparts, each of which shall constitute but one and
the same instrument.
17. This Agreement including referenced exhibits constitutes the entire Agreement between the LPA
and the STATE concerning this transfer of jurisdiction. Representations made before the signing
of this Agreement are not binding, and neither party has relied upon conflicting representations in
entering into this Agreement. Any change or alteration to the terms of this Agreement must be in
the form of an addendum to this Agreement. Said addendum shall become effective only upon
written approval of the STATE and the LPA.
IN WITNESS THEREOF, each of the parties hereto has executed agreement No. 2014 -TJ -006 as of the
date shown opposite its signature hereafter.
CITY OF DUBU
By:
gc.,-f
Title: Mayor
Date December 15 , 2014 .
Assistant
I, Trish L. Gleason , certify that I am the Clerk of the City, and that
Dubuque , who signed said Agreement for and on behalf of
the City was duly authorized to execute the same by virtue of a formal motion passed and adopted by the
CITY on the 15 day of December ,20 14.
Signed: / "+
Ass i s t a n tCity Clerk of Dubuque, Iowa
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date , 20.
James R. Schnoebelen
District Engineer
District 6
2014 -TJ -006 Dubuque 4
Dubuque US 52 Transfer of Jurisdiction
Exhibit A
®-a— State TJ Half the Roadway to City
City TJ to State, Both Drive Lanes
City Owned and Maintained
2014-TJ.006 Dubuque
Dubuque US 52 Transfer of Jurisdiction
Exhibit 13
Preparers James A. O'Brien Address 300 Main St, Suite 330 Telephone: 1584 583-4113
Return to: Jeanne. F. Schneider Address: 50 W. 1e St. Telephone: (664589-4120
ORDINANCE NO. 52 -09
AN ORDINANCE ESTABLISHING THE UNIFIED DEVELOPMENT CODE FOR
THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF IN
ACCORDANCE WITH THE PROVISIONS OF THE CODE OF IOWA AND FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH
WHEREAS, the provisions of the Code of Iowa empower the City of
Dubuque, Iowa to enact a Unified Development Code and to provide for its
administration, enforcement and amendment; and
WHEREAS, the City Council deems it necessary for the purpose of
promoting the health, safety, morals and general welfare of the City to enact such
an ordinance; and
WHEREAS, the City Council pursuant to the provisions of the Code of
Iowa has appointed a Zoning Advisory Commission to recommend the
boundaries of the original districts and appropriate regulations to be enforced
therein; and
WHEREAS, the Zoning Advisory Commission has divided the City into
districts of such number, shape and area as are deemed best suited to carry out
the purpose of this ordinance and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan and design to lessen
congestions in the streets; to secure safety from fire, flood, panic, and other
dangers; to promote health and the general welfare, to provide adequate light
and air, to prevent the overcrowding of land; to avoid undue concentration of
population; to facilitate the adequate provision of transportation, water, sewage,
schools, and parks and other requirements; and
WHEREAS, the Zoning Advisory Commission has given reasonable
consideration, among other things, to the character of the area of the district and
2014 -TJ -006 Dubuque
the peculiar suitability of such area for particular uses, with a view to conserving
the value of buildings and encouraging the most appropriate use of lands
throughout the City; and
WHEREAS, the Zoning Advisory Commission has made a preliminary
report and held public hearings thereon, and has thereafter submitted its final
report to the City Council; and
WHEREAS, the City Council has given due public notice of hearings
relating to the Unified Development code, zoning districts, regulations, and
restrictions, and has held such public hearings; and
WHEREAS, all requirements of the Code of Iowa with regard to the
preparation of the report of the Zoning Advisory Commission and subsequent
action of the City Council have been met;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE IOWA:
Section 1. That Appendix A (The Zoning Ordinance), Title 14 Chapter 6
Historic Preservation, Title 15 Chapter 3 Zoning Advisory Commission, Title 16
Subdivisions and Title 14 Chapter 10 Signs, are hereby repealed in accordance
with the provisions of the Code of lowa.
Section 2. That the City of Dubuque Code of Ordinances is hereby
amended by adopting Title 16, Unified Development Code, attached hereto and
incorporated herein, in accordance with the provisions of the Code of Iowa.
Section 3. This ordinance shall take effect immediately upon publication,
as provided by law.
Passed, approved and adopted this 19th day of October
Attest:
chneider, City Clerk
PL
Roy Dr uol, Mayor
fAusers'unrettenblwp'counciltordinancesk2009 ludc adoption ord.doc
2014-TJ-006_Dubuque
2009.
Dubuque US 52 Transfer of Jurisdiction
Exhibit B
RESOLUTION NO. 48-14
APPROVING ADOPTION OF THE IOWA STATEWIDE URBAN DESIGN AND
SPECIFICATIONS PROGRAM FOR PUBLIC WORKS IMPROVEMENTS
WHEREAS, the Statewide Urban Design And Specifications Program (SUDAS)
provides statewide standards for urban public works improvements; and
WHEREAS, various cities and jurisdictions in the state of Iowa have been meeting,
discussing, drafting arid implementing SUDAS since the mid 1990s to ensure uniformity
and continuity of urban design and specifications in cities throughout Iowa; and
WHEREAS, the City of Dubuque City Council has deemed adoption and
implementation of SUDAS a Planned and Managed Growth Goal for the City of
Dubuque; and
WHEREAS, the City of Dubuque Engineering Department, with assistance from the
City Attorneys Office, has reviewed the SUDAS specifications and prepared
Supplemental Specifications for public improvements; and
WHEREAS, the City Council finds that it is in the City's best interest to adopt and
implement SUDAS for public works improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Statewide Urban Design And Specifications Program is adopted
as an accepted form of contract for all public works improvements in the City of
Dubuque.
Section 2. That the City Manager is authorized to take such actions as are necessary
to iniplement the Statewide Urban Design And Specifications Program,
Passed, approved and adopted this 17th day of February, 2014.
Attest:
Kevi S. Fims a 1, C' Clerk
2014-TJ-006_Dubuque
THE CITY OF
DUk
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manag
FROM: Gus Psihoyos, City Engineer
DATE: July 14, 2014
Dubuque
AN -America City
1111ro
1
2007 • 2012 • 2013
SUBJECT: 9th Street and 11th Street One-way to Two-way Conversion Project
Iowa Department of Transportation Transfer of Jurisdiction
Iowa DOT Project No. TJ -052-2(134)--2M-31
Iowa DOT Agreement No. 2014 -TJ -006
INTRODUCTION
The purpose of this memo is to request authorization for the Mayor to execute the
Transfer of Jurisdiction (TOJ) agreement with the Iowa Department of Transportation
(Iowa DOT) through the adoption of the enclosed resolution.
BACKGROUND
The City of Dubuque is in the midst of a project to convert 9th Street (between Locust
Street and Kerper Blvd.), 11th Street (between Central Ave. and Kerper Blvd.), and Pine
Street (between 9th and 11th streets) from one-way to two-way. As part of this
conversion, the Iowa DOT has requested some segments of 9th Street, 11th Street, Pine
Street, the former Elm Street connector and White Street have roadway jurisdiction
transfer from the Iowa DOT to the City or from the City to the Iowa DOT.
DISCUSSION
With the conversion of segments of 9th street, 11th Street, Elm Street, and Pine Street
from one-way to two-way traffic, and the closure of the northbound ramp extension
between 9th and 11th Street to accommodate the Intermodal Transportation Center
Terminal, Iowa DOT and City staff agree that public roadway transfer of jurisdictions need
to take place.
In accordance with the provisions of Iowa Code Sections 313.2 and / or 306.42, attached
is a copy of the TOJ Agreement between the City and the Iowa DOT. This TOJ
Agreement details the transfer of jurisdiction for the following public road segment(s),
including all structures and right-of-way, to each other as described as follows:
1
The STATE shall transfer to the City one half the traveled roadway for segments
A, B, C, D, and the entire traveled roadway of segment E as described below and
as shown in red on the attached Exhibit A:
Segment A: that portion of U.S. 52 (11th Street) that carries traffic between
White Street and the southbound off -ramp of U.S. 61/151 from centerline to
south edge of traveled way for approximately 1600 feet.
Segment B: that portion of Pine Street that carries traffic between 9th Street
and 11th Street from centerline west edge of traveled way for approximately
750 feet.
Segment C: that portion of U.S. 52 (9th Street) that carries traffic between
Pine Street and the U.S. 61/151 northbound off -ramp from centerline to north
edge of traveled way for approximately 100 feet.
Segment D: that portion of U.S. 52 (9th Street) that carries traffic between
White Street and Central Avenue from centerline to north edge of traveled
way for approximately 250 feet.
Segment E: that portion of US 61/151 east bound off -ramp (ramp 3000)
which extends approximately 250 feet north of US 52 (9th Street).
Segments A, B, C and D as described for approximately one-half of the
traveled way for a total length of approximately 2700 feet.
The City shall transfer to the State the following segment as shown in blue on the
attached Exhibit A:
Segment F: that portion of White Street between 9th Street and 11th Street
which will carry northbound U.S. 52 traffic in both lanes; for a total length of
approximately 600 feet.
The TOJ Agreement provides for the following terms and conditions:
• City and State have inspected the public road segment(s) described in said
Agreement and agree to accept their respective road segments in its (their) present
condition.
• With these transfers being mutually beneficial to the State and the City; and the
transferred road segments being considered in an equal state of repair; the State
and City shall transfer no funds for repairs to any of the road segments.
2
• With these transfers being mutually beneficial to the State and the City; and the
transferred road segments being considered in an equal state of repair; the State
and City shall not be required to perform any immediate repairs to any of the road
segments.
• City and State hereby agree to accept the road segment(s) described in this
Agreement into its (their) road system(s) and maintain them in accordance with all
applicable laws, regulations, and administrative rules.
Traffic patterns are expected to shift due to the conversion of streets to two-way traffic.
Recognizing this shift will occur, this agreement addresses that portion of roadway that
will be US 52 and that portion that will be local. In most cases, the transfer of jurisdiction
is for half the roadway. This addresses the fact that traffic will be allowed to travel both
directions. One direction is for the state route, the other direction is local traffic. The
Route signage will be updated on the roadways once the change has taken place.
BUDGET IMPACT
There will be periodic maintenance costs associated with the roadways going forward.
These costs will include resurfacing or repair of the streets as the need arises.
The Iowa DOT will now be responsible for future pavement repairs to the drive lanes on
White Street between 9th and 11th streets.
The city will now be responsible for the future pavement repairs of the eastbound drive
lane of 11th Street between White Street and Pine Street, the westbound drive lane of 9th
street between White Street and Central Avenue, and the soutbound lane of Pine Street
between 9th Street and 11th Street. The City also assumes future repair responsibility of
the former northbound ramp extension that will now provide access to the rear of the
Intermodal Transportation Center Terminal building and future city parking lot.
REQUESTED ACTION
The City Council is requested to adopt the resolution and authorize the Mayor to execute
the Transfer of Jurisdiction Agreement (Agreement 2014 -TJ -006) with the Iowa
Department of Transportation.
Prepared by Robert Schiesl, Assistant City Engineer
Jon Dienst, Civil Engineer
cc: Don Vogt, Public Works Director
John Klostermann, Street & Sewer Maintenance Supervisor
3
RESOLUTION NO. 247-14
RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT (AGREEMENT NO. 2014 -TJ -006) FOR THE TRANSFER OF
JURISDICTION OF PUBLIC ROAD FOR THE 9TH AND 11TH STREETS ONE-WAY TO
TWO-WAY CONVERSION PROJECT
Whereas, the City of Dubuque (City) is proceeding with the 9th and 11th Street
One-way to Two-way conversion Project; and
Whereas, in accordance with the provisions of Iowa Code Sections 313.2 and /
or 306.42, the Iowa Department of Transportation (State) and the City hereby agree to
transfer jurisdiction of the following public road segment(s), including all structures and
right-of-way currently under the jurisdiction of the State:
That portion of U.S. 52 (11th Street) that carries traffic between White
Street and the southbound off -ramp of U.S. 61/151 from centerline to
south edge of traveled way for approximately 1600 feet.
That portion of Pine Street that carries traffic between 9th Street and 11th
Street from centerline west edge of traveled way for approximately 750
feet.
That portion of U.S. 52 (9th Street) that carries traffic between Pine Street
and the U.S. 61/151 northbound off -ramp from centerline to north edge of
traveled way for approximately 100 feet.
That portion of U.S. 52 (9th Street) that carries traffic between White Street
and Central Avenue from centerline to north edge of traveled way for
approximately 250 feet.
That portion of US 61/151 east bound off -ramp (Ramp 3000) which
extends approximately 250 feet north of US 52 (9th Street).
; and
Whereas, the State requests the City transfer to the following public road
segment(s), including all structures and right-of-way currently under the jurisdiction of
the City:
That portion of White Street between 9th Street and 11th Street which will
carry northbound U.S. 52 traffic in both lanes; for a total length of
approximately 600 feet.
; and
Whereas, the City and the State have inspected the public road segments)
described in said Agreement and agree to accept their respective road segments in its
(their) present condition; and
Whereas, these transfers being mutually beneficial to the State and the City; and
the transferred road segments being considered in an equal state of repair; the State
and City shall transfer no funds for repairs to any of the road segments; and
Whereas, these transfers being mutually beneficial to the State and the City; and
the transferred road segments being considered in an equal state of repair; the State
and City shall not be required to perform any repairs to any of the road segments; and
Whereas, the State and City agree to accept the road segment(s) described in
this Agreement into its (their) road system(s) and maintain them in accordance with all
applicable laws, regulations, and administrative rules.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That said Iowa Department of Transportation Agreement for Transfer
of Public Road Jurisdiction (Agreement 2014 -TJ -006) between the City of Dubuque and
the State be hereby approved for the 9th and 11th Streets One-way to Two-way
Conversion Project.
Section 2. That the Mayor be authorized and directed to execute two copies of
Iowa Department of Transportation Transfer of Public Road Jurisdiction (Agreement
2014 -TJ -006) for the 9th and 11th Street One-way to Two-way Conversion Project.
Passed, approved and adopted this 18th day of August, 2014.p
Attest:
Kevin S. Firnsta I, C City Clerk
Roy D. Buol, Mayor
August 2013
IOWA DEPARTMENT OF TRANSPORTATION
Agreement for
Transfer of Public Road Jurisdiction
County
City
Project No.
Iowa DOT
Agreement No.
Commission Order No.
Dubuque
Dubuque
TJ -052-2(134)--2M-31
2014 -TJ -006
This Agreement entered into by and between the Iowa Department of Transportation, hereinafter
designated the "STATE", and the city of Dubuque, Iowa, a Local Public Agency, hereinafter designated
the "LPA"; and in consideration of these premises and the mutual covenants hereinafter set forth, it is
hereby agreed as follows:
WITNESSETH, that
1. In accordance with the provisions of Iowa Code Sections 313.2 and / or 306.42, the STATE and LPA
hereby agree to transfer jurisdiction of the following public road segment(s), including all structures
and right-of-way, to each other as described herein:
The STATE shall transfer to the LPA the following segments as shown in red on Exhibit A:
Segment A: that portion of U.S. 52 (11th Street) that carries traffic between White Street and
the southbound off -ramp of U.S. 61/151 from centerline to south edge of traveled way for
approximately 1600 feet.
Segment B: that portion of Pine Street that carries traffic between 9th Street and 11th Street
from centerline west edge of traveled way for approximately 750 feet.
Segment C: that portion of U.S. 52 (9th Street) that carries traffic between Pine Street and
the U.S. 61/151 northbound off -ramp from centerline to north edge of traveled way for
approximately 100 feet.
Segment D: that portion of U.S. 52 (9th Street) that carries traffic between White Street and
Central Avenue from centerline to north edge of traveled way for approximately 250 feet.
Segments A, B, C and D as described above are for approximately one-half of the traveled
roadway width for a total length of approximately 2700 feet.
The LPA shall transfer to the STATE the following segment as shown in blue on Exhibit A:
Segment E: that portion of White Street between 9th Street and 11th Street which will carry
northbound U.S. 52 traffic in both lanes; for a total length of approximately 600 feet.
a. The STATE and LPA agree to accept the road segment(s) described in this Agreement into its
(their) road system(s) and maintain them in accordance with all applicable laws, regulations, and
administrative rules.
b. This transfer includes no bridges.
c. The LPA and the STATE have examined the physical condition of the public road segment(s)
described in this Agreement and have agreed that:
9th - 11th One -Way to Two -Way - DOT Transfer of Jurisdiction Agreement - FINAL.docx 1
August 2013
i. The road segment(s) shall be transferred in its (their) present condition.
ii. Road segment conditions are considered to be in an equal state of repair to one another.
iii. These transfers being mutually beneficial to the STATE and the LPA; and the transferred
road segments being considered in an equal state of repair; the STATE and LPA shall
transfer no funds for repairs to any of the road segments.
iv. These transfers being mutually beneficial to the STATE and the LPA; and the transferred
road segments being considered in an equal state of repair; the STATE and LPA shall not be
required to perform any repairs to any of the road segments.
v. The LPA, at its cost, shall maintain and be responsible for maintenance activities of all rights
of way identified as to be transferred to the LPA in this agreement unless otherwise described
in a subsequent annual maintenance agreement.
d. The transfer of jurisdiction of the public road segment(s) described in this Agreement shall take
place following the execution of this agreement by both the LPA and the STATE and following the
completion of the one-way to two-way conversion, anticipated in August 2014.
e. The LPA shall provide copies to the STATE of construction or as -built plans, right-of-way
information, local traffic operations ordinances such as speed limits and parking restrictions, etc.,
and public or private utility plans and agreements or permits for the portions of said public road
segment to be transferred to the STATE.
f. The LPA and STATE shall jointly control access on said public road segment as follows:
The basic provisions for access control are set forth in City of Dubuque Unified Development
Code, Ordinance Number 52-09, passed by the Dubuque City Council on October 19th, 2009;
and the adoption of the Statewide Urban Design and Specifications, Ordinance Number 48-
14, passed by the Dubuque City Council on February 14th, 2014;
ii. The LPA agrees not to modify or alter in any manner the aforementioned City Ordinance
without consultation and approval by the STATE;
iii. Requests for access to said public road segment shall be reviewed for conformance to the
spacing requirements set forth in the STATE's Primary Road Access Policy for Priority III
Rural Highways and the aforementioned City Ordinance. Approved requests shall be issued
an access permit by the STATE (with concurrence by the LPA) establishing the details of the
access;
iv. If, in the future, (1) the LPA no longer wishes to maintain the aforementioned City Ordinance,
or (2) the STATE and the LPA are unable either to adhere to the spacing requirements of the
Primary Road Access Policy or to adhere to the Policy without the payment of compensation,
the STATE and the LPA shall cooperate jointly to acquire access rights by purchase or
condemnation, and the LPA shall reimburse the STATE for the costs and expenses involved
before the repeal of said City Ordinance;
v. In accordance with 761 Iowa Administrative Code Chapter 112.11(3), the LPA shall not allow
any new access on any intersecting side street under its jurisdiction, within 150 feet of the
edge of said public road segment, or within 150 feet of the edge of any planned additional
lanes;
9th - 11th One -Way to Two -Way - DOT Transfer of Jurisdiction Agreement - FINAL.docx 2
August 2013
vi. The LPA hereby agrees to defend and to hold harmless the STATE in any action brought
against the LPA or STATE regarding access control as enforced under the provisions of this
Agreement.
g. All future improvement, maintenance, extension or expansion of the transferred road segment
shall be in accordance with 761 Iowa Administrative Code Chapter 150 (including any future
revisions or amendments) regarding primary road extensions.
2. The LPA and the STATE have inspected the public road segment(s) described in this Agreement and
agree to accept their respective road segments subject to the conditions set forth herein. In
accordance with Iowa Code Section 306.42(6), neither the LPA nor the STATE shall be held liable for
any claim for damage for any act or omission relating to the design, construction, or maintenance of
the public road segment(s) described this Agreement that occurred prior to the effective date of the
transfer.
3. The STATE shall transfer to the LPA by quit -claim deed all its legal or equitable title or interest in the
right-of-way, except as noted in Section 6 following, of the public road segment(s) to be transferred to
the LPA described in this Agreement. The LPA shall accept said deed, pursuant to Iowa Code
Section 306.42.
4. The LPA shall transfer to the STATE by quit -claim deed all its legal or equitable title or interest in the
right-of-way of said public road segment to be transferred to the STATE. The STATE shall accept
said deed, pursuant to Iowa Code Section 306.42. The LPA and STATE acknowledge that there is a
proposed transfer of jurisdiction for the remainder of U.S. 52 (Southwest Arterial) in the downtown
Dubuque area and agree that it would be beneficial to combine the right-of-way transfer for both
transfers of jurisdiction after the execution of the Southwest Arterial transfer agreement or at a
mutually agreeable date should it be determined not to execute the transfer of the remainder of U.S.
52 (Southwest Arterial).
5. If the STATE has acquired access rights by warranty deed for the public road segment(s) described
in this Agreement, the LPA shall not, within 150 feet of the edge of any intersecting primary highway,
either alter those rights or allow any new access.
6. Once the transfer of jurisdiction is complete, the LPA shall be responsible for signing the road
segment(s) transferred to the LPA. Procedures to modify the secondary route numbering system are
outlined in Instructional Memorandum (IM) 4.01. The LPA shall also be responsible for any requests
to modify the Farm to Market (FM) road system as outlined in IM 4.210 and 4.220.
7. If any section, provision, or part of this Agreement is found to be invalid or unconstitutional, such
finding shall not affect the validity of the Agreement as a whole or any section, provision, or part
thereof not found to be invalid or unconstitutional.
8. This Agreement shall be executed in two counterparts, each of which shall constitute but one and the
same instrument.
9. This Agreement including referenced exhibits constitutes the entire Agreement between the LPA and
the STATE concerning this transfer of jurisdiction. Representations made before the signing of this
Agreement are not binding, and neither party has relied upon conflicting representations in entering
into this Agreement. Any change or alteration to the terms of this Agreement must be in the form of
an addendum to this Agreement. Said addendum shall become effective only upon written approval
of the STATE and the LPA.
9th - 11th One -Way to Two -Way - DOT Transfer of Jurisdiction Agreement - FINAL.docx 3
August 2013
IN WITNESS THEREOF, each of the parties hereto has executed agreement No. 2014 -TJ -006 as of the
date shown opposite its signature hereafter.
CITY OF DUQiUQUE:
By:
Title: Mayor
Date40/9e,/e", 2014.
1, ,j/i 7//`37741- , certify that I am the Clerk of the City, and that
, who signed said Agreement for and on behalf of the City of Dubuque
was duly authorized;thto execute the same by virtue of a formal motion passed and adopted by the CITY
on the /dday of ,1.. , 2014.
Signed:
Cit e .f "'Dubuque, to r'
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date , 2014.
James R. Schnoebelen
District Engineer
District 6
9th - 11th One -Way to Two -Way - DOT Transfer of Jurisdiction Agreement - FINAL
Dubuque 115 52 Transfer offurisdiction
Exhibit A
State TJ Half the Roadway to City
City TJ to State, Both Drive Lanes
Dubuque 115 52 Transfer offurisdiction
Exhibit A
State TJ Half the Roadway to City
City TJ to State, Both Drive Lanes
WADOT
SMARTER 1 SIMPLER 1 CUSTOMER DRIVEN
June 10, 2014
517.1. dest‘-.
vVWW.iowadot.gov
District 6 Office I Highway Division
5455 Kirkwood Blvd. SW, Cedar Rapids, IA 52404
Phone: (319) 364-0235 1 Fax (319) 364-9614 1 Email: jim.schnoebelen@dot.iowa.gov
REF: TJ -052-2(134)-2M-31
Dubuque County
City of Dubuque
Agreement 2014 -TJ -006
The Honorable Roy D. Buol
Mayor -City of Dubuque
City Hall — 50 West 13th Street
Dubuque, Iowa 52001
SUBJECT: Agreement 2014 -TJ-006 FINAL (Transfer of Jurisdiction of a portion
of US 52 in Dubuque.)
Dear Mayor Buol:
Attached are two (2) copies of a Transfer of Jurisdiction between the City of Dubuque and
the Iowa Department of Transportation for the above referenced project. The project
involves Transferring Jurisdiction of a portion of US 52 (US52/White Street) in Dubuque.
Please secure the necessary approvals and signatures of the appropriate City of Dubuque
officials and return both signed copies of the Transfer of Jurisdiction to this office for further
processing. An original of the fully executed agreement will be forwarded to the City of
Dubuque after final signature by our department.
If you have any questions concerning this agreement, please contact me at the above listed
phone number.
Sincerely,
James. R. Schnoebelen, P. E.
District 6 Engineer
JRS/sjb
Enclosures (2)Transfer of Jurisdiction 2014 -TJ -006
0
0
rn
0
August 2013
IOWA DEPARTMENT OF TRANSPORTATION
Agreement for
Transfer of Public Road Jurisdiction
County
City
Project No.
Iowa DOT
Agreement No.
Commission Order No.
Dubuque
Dubuque
TJ -052-2(134)--2M-31
2014 -TJ -006
This Agreement entered into by and between the Iowa Department of Transportation, hereinafter
designated the "STATE", and the city of Dubuque, Iowa, a Local Public Agency, hereinafter designated
the "LPA"; and in consideration of these premises and the mutual covenants hereinafter set forth, it is
hereby agreed as follows:
WITNESSETH, that
1. In accordance with the provisions of Iowa Code Sections 313.2 and / or 306.42, the STATE and LPA
hereby agree to transfer jurisdiction of the following public road segment(s), including all structures
and right-of-way, to each other as described herein:
The STATE shall transfer to the LPA the following segments as shown in red on Exhibit A:
Segment A: that portion of U.S. 52 (11th Street) that carries traffic between White Street and
the southbound off -ramp of U.S. 61/151 from centerline to south edge of traveled way for
approximately 1600 feet.
Segment B: that portion of Pine Street that carries traffic between 9th Street and 11th Street
from centerline west edge of traveled way for approximately 750 feet.
Segment C: that portion of U.S. 52 (9th Street) that carries traffic between Pine Street and
the U.S. 61/151 northbound off -ramp from centerline to north edge of traveled way for
approximately 100 feet.
Segment D: that portion of U.S. 52 (9th Street) that carries traffic between White Street and
Central Avenue from centerline to north edge of traveled way for approximately 250 feet.
Segments A, B and C as described for approximately one-half of the traveled way for a
total length of approximately 2700 feet.
The LPA shall transfer to the STATE the following segment as shown in blue on Exhibit A:
Segment E: that portion of White Street between 9th Street and 11th Street which will carry
northbound U.S. 52 traffic in both lanes; for a total length of approximately 600 feet.
a. The STATE and LPA agree to accept the road segment(s) described in this Agreement into its
(their) road system(s) and maintain them in accordance with all applicable laws, regulations, and
administrative rules.
b. This transfer includes no bridges.
c. The LPA and the STATE have examined the physical condition of the public road segment(s)
described in this Agreement and have agreed that:
2014 -TJ -006 Dubuque 1
August 2013
i. The road segment(s) shall be transferred in its(their) present condition.
ii. Road segment conditions are considered to be in an equal state of repair to one another.
iii. These transfers being mutually beneficial to the STATE and the LPA; and the transferred
road segments being considered in an equal state of repair; the STATE and LPA shall
transfer no funds for repairs to any of the road segments.
iv. These transfers being mutually beneficial to the STATE and the LPA; and the transferred
road segments being considered in an equal state of repair; the STATE and LPA shall not be
required to perform any repairs to any of the road segments.
v. The LPA, at its cost, shall maintain and be responsible for maintenance activities of all rights
of way identified as to be transferred to the LPA in this agreement unless otherwise described
in a subsequent annual maintenance agreement.
d. The transfer of jurisdiction of the public road segment(s) described in this Agreement shall take
place following the execution of this agreement by both the LPA and the STATE and following the
completion of the one-way to two-way converstion, anticipated in August 2014.
e. The LPA shall provide copies to the STATE of construction or plans, right-of-way
information, local traffic operations ordinances such as speed limits and parking restrictions, etc.,
and public or private utility plans and agreements or permits for the portions of said public road
segment to be transferred to the STATE.
f. The LPA and STATE shall jointly control access on said public road segment as follows:
i. The basic provisions for access control are set forth in City of (City Name) Ordinance Number
(Ordinance Number), passed by the (City Name) City Council on (Date Ordinace Passed) as
shown in Exhibit B attached;
ii. The LPA agrees not to modify or alter in any manner the aforementioned City Ordinance
without consultation and approval by the STATE;
iii. Requests for access to said public road segment shall be reviewed for conformance to the
spacing requirements set forth in the STATE's Primary Road Access Policy for Priority III
Rural Highways and the aforementioned City Ordinance. Approved requests shall be issued
an access permit by the STATE (with concurrence by the LPA) establishing the details of the
access;
iv. If, in the future, (1) the LPA no longer wishes to maintain the aforementioned City Ordinance,
or (2) the STATE and the LPA are unable either to adhere to the spacing requirements of the
Primary Road Access Policy or to adhere to the Policy without the payment of compensation,
the STATE and the LPA shall cooperate jointly to acquire access rights by purchase or
condemnation, and the LPA shall reimburse the STATE for the costs and expenses involved
before the repeal of said City Ordinance;
v. In accordance with 761 Iowa Administrative Code Chapter 112.11(3), the LPA shall not allow
any new access on any intersecting side street under its jurisdiction, within 150 feet of the
edge of said public road segment, or within 150 feet of the edge of any planned additional
lanes;
2014 -TJ -006 Dubuque 2
August 2013
vi. The LPA hereby agrees to defend and to hold harmless the STATE in any action brought
against the LPA or STATE regarding access control as enforced under the provisions of this
Agreement.
g. All future improvement, maintenance, extension or expansion of the transferred road segment
shall be in accordance with 761 Iowa Administrative Code Chapter 150 (including any future
revisions or amendments) regarding primary road extensions.
2. The LPA and the STATE have inspected the public road segment(s) described in this Agreement and
agree to accept their respective road segments subject to the conditions set forth herein. In
accordance with Iowa Code Section 306.42(6), neither the LPA nor the STATE shall be held liable for
any claim for damage for any act or omission relating to the design, construction, or maintenance of
the public road segment(s) described this Agreement that occurred prior to the effective date of the
transfer.
3. The STATE shall transfer to the LPA by quit -claim deed all its legal or equitable title or interest in the
right-of-way, except as noted in Section 6 following, of the public road segment(s) to be transferred to
the LPA described in this Agreement. The LPA shall accept said deed, pursuant to Iowa Code
Section 306.42.
4. The LPA shall transfer to the STATE by quit -claim deed all its legal or equitable title or interest in the
right-of-way of said public road segment to be transferred to the STATE. The STATE shall accept
said deed, pursuant to Iowa Code Section 306.42. The LPA and STATE acknowledge that there is a
proposed transfer of jurisdiction for the remainder of U.S. 52 (Southwest Arterial) in the downtown
Dubuque area and agree that it would be beneficial to combine the right-of-way transfer for both
transfers of jurisdiction after the execution of the Southwest Arterial transfer agreement or at a
mutually agreeable date should it be determined not to execute the transfer of the remainder of U.S.
52 (Southwest Arterial).
5. If the STATE has acquired access rights by warranty deed for the public road segment(s) described
in this Agreement, the LPA shall not, within 150 feet of the edge of any intersecting primary highway,
either alter those rights or allow any new access.
6. Once the transfer of jurisdiction is complete, the LPA shall be responsible for signing the road
segment(s) transferred to the LPA. Procedures to modify the secondary route numbering system are
outlined in Instructional Memorandum (IM) 4.01. The LPA shall also be responsible for any requests
to modify the Farm to Market (FM) road system as outlined in IM 4.210 and 4.220.
7. If any section, provision, or part of this Agreement is found to be invalid or unconstitutional, such
finding shall not affect the validity of the Agreement as a whole or any section, provision, or part
thereof not found to be invalid or unconstitutional.
8. This Agreement shall be executed in two counterparts, each of which shall constitute but one and the
same instrument.
9. This Agreement including referenced exhibits, constitutes the entire Agreement between the LPA and
the STATE concerning this transfer of jurisdiction. Representations made before the signing of this
Agreement are not binding, and neither party has relied upon conflicting representations in entering
into this Agreement. Any change or alteration to the terms of this Agreement must be in the form of
an addendum to this Agreement. Said addendum shall become effective only upon written approval
of the STATE and the LPA.
2014 -TJ -006 Dubuque 3
August 2013
IN WITNESS THEREOF, each of the parties hereto has executed agreement No. 2014 -TJ -006 as of the
date shown opposite its signature hereafter.
CITY OF DUBUQUE:
By: Date , 20®
Title: Mayor
, certify that I am the Clerk of the City, and that
, who signed said Agreement for and on behalf of the City
was duly authorized to execute the same by virtue of a formal motion passed and adopted by the CITY
on the day of , 20
Signed:
City Clerk of Dubuque, Iowa
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date , 20_
James R. Schnoebelen
District Engineer
District 6
2014 -TJ -006 Dubuque 4
August 2013
Dubuque US 52 Trnsfer ofJurisdiction
EXHIBIT A
2014TJ-006 Dubuque 5