Signed Contract_Dubuque County Cooperative Winter Road Maintenance Dubuque
THE CITY OF
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Masterpiece on the Mississippi 2007.2012°2013
TO: Michael C. Van Milligen, City Manager
FROM: Don Vogt, Public Works Director
SUBJECT: Cooperative Winter Road Maintenance Agreement
DATE: January 14, 2016
INTRODUCTION
The purposes of this memorandum are to provide information and request your
endorsement of a new winter road maintenance agreement with the County of
Dubuque.
BACKGROUND
In 1995, the City and County of Dubuque entered into their first cooperative winter road
maintenance agreement. That agreement was prompted by legislation and a ruling that
year regarding annexations. The State ruled that the annexation of property on only
one side of a rural 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 Board of
Supervisors and the Dubuque City Council in the fall of 1995. It was subsequently
amended in 1998, 1999, 2005, 2006, 2009, 2010, and 2011 to reflect Dubuque's
continued growth.
DISCUSSION
Due to the City's recent growth in the Key West area, the winter road maintenance
agreement again needs to be amended. Street and Sewer Maintenance Supervisor
John Klostermann and County Engineer Anthony Bardgett recently agreed to two
relatively minor changes to the 2011 agreement, which the County's Board of
Supervisors subsequently endorsed last week. The only changes pertain to Section 1
(3) and Section 2 (7).
As noted to you in previous years, prior amendments and the original agreement
ensured that winter road maintenance responsibilities are not split down roadway
centerlines, which is obviously very inefficient and impractical. The proposed
agreement amendment is premised once again on common sense, effectiveness, and
efficiency. Centerline mileage, lane miles, and traffic loads would continue to be
relatively equal for each entity.
ACTION STEP
I request your consideration of the attached agreement and your endorsement of same.
CC: Barry A. Lindahl, City Attorney
Attachment
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RESOLITTION INTO. 0/b�
WHEREAS, Dubuque County agrees to perform winter maintenance operations on portions of the
English Mill Road, Cottingham Road,Lake Eleanor Road,Derby Grange Road and Old Highway
Road for the City of Dubuque, and
WHEREAS,the City of Dubuque agrees to perform winter maintenance operations on portions of
the Old Highway Road, Cousins Road, Peru Road and Seippel Road, John F. Kennedy Road and
Middle Road and North Cascade Road for Dubuque County, and
WHEREAS,it is necessary that Dubuque County and the City of Dubuque enter into a revised 28E
Agreement regarding the winter maintenance on these roadways that will amend the previous 28E
Agreement,File 2011-00019155,
THEREFORE BE IT RESOLVED that the Board of Supervisors of Dubuque County,Iowa hereby
approve and direct the Chair to sign the revised 28E Agreement with the City of Dubuque for winter
maintenance operations on said roadways.
Adopted this 4'day of January, 2016.
Tom Hancock, air
Dubuque County Board of Supervisors
ATTEST:
Mona Manternach, Deputy Auditor
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Preparer's Name: Mary Lammers Address: 13047 City View Dr.,Dubuque, Iowa 52002 Telephone:(563)557-7283
Return To:Dubuque County Engineer Address: 13047 City View Dr.,Dubuque, Iowa 52002 Telephone:(563)557-7283
Agreement Between
DUBUQUE COUNTY, IOWA
and
THE CITY OF DUBUQUE, IOWA
for
WINTER ROAD MAINTENANCE
This Agreement, dated for reference purposes the day of January,
2016, is made and entered into by and between Dubuque County, Iowa and the City of
Dubuque, Iowa pursuant to 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 winter maintenance on roads lying
within the jurisdiction of the other public agency, as agreed to herein.
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SECTION 1: MAINTENANCE BY DUBUQUE COUNTY. Dubuque County agrees to perform
winter maintenance operations on the following roadways:
(1) English Mill Road from Crescent Ridge southwesterly to the City of Dubuque
city limits;
(2) Cottingham Road from Seippel Road to the City of Dubuque city limits;
(3) Lake Eleanor Road from Digital Drive southeasterly to the City of Dubuque
city limits and from U.S. Highway 151-61 westerly to Timothy St;
(4) Derby Grange Road from John F. Kennedy Road west to the City of
Dubuque city limits;
(5) Old Highway Road from Seippel Road westerly to the City of Dubuque city
limits.
SECTION 2. MAINTENANCE BY CITY OF DUBUQUE. The City of Dubuque agrees to
perform winter maintenance operations on the following roadways:
(1) Old Highway Road from U.S. 20 westerly to Seippel Road;
(2) Cousins Road from the Old Highway Road south to U.S. 20;
(3) Peru Road from the City of Dubuque city limits near Kennedy Court north to
Riverside Road;
(4) Seippel Road from Cottingham Road north to Chavenelle Road;
(5) John F. Kennedy Road from the City of Dubuque city limits north to Derby
Grange Road;
(6) Middle Road from Seippel Road to Jonquil Terrace.
(7) North Cascade Road from Cedar Cross Road southwesterly to Edval Lane;
SECTION 3. MAINTENANCE DEFINED. Winter maintenance shall be defined as the
clearance of snow and ice from the roadway and the placement of sand, salt or other
abrasives and deicers as needed upon the roadway.
SECTION 4. TERM. This Agreement shall take effect upon approval by both parties
and shall continue in effect until terminated as set forth herein.
SECTION 5. TERMINATION. This Agreement may be terminated at any time by
either party upon thirty (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
q this Agreement. The County Engineer
shall consult with the Dubuque County Board of Supervisors and the Dubuque 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 during the
term of this Agreement.
SECTION 7. INDEMNIFICATION. The party responsible under this Agreement for
the winter maintenance of a roadway shall defend, indemnify and hold harmless the
other party, its officers, agents 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 winter maintenance duties on such roadway.
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IN WITNESS THEREOF, the parties have set their hands, for the purpose herein expressed.
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
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x� Date: January 4 , 2016.
Tom Hanco Chair
ATTEST:
Mona Manternach, Dubuque County Deputy Auditor
On this 4th day of January 2016, before me, Mary Ann Specht a Notary Public, in and for the
State of Iowa, personally appeared Tom Hancock and Mona Manternach, to me personally known and who, being
duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Deputy 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, on the 4h day of January ,
2016, and Tom Hancock and Mona Manternach acknowledged the execution of the instrument to be their voluntary
act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Mary Ann Specht, Notary Public
MARY ANN SPECHT
Comm,on
APPROVED BY: CITY OF DUBUQUE, IOWA F Co Number 53583
Sly Comm. Exp.��"
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Date: ..__ , 2016.
Mich el C. Van Milligen, City Manager
ATTEST:
Kevin S/Fimstahl, Dubuque City Clerk
On this day of .Aj 2016, before me, tJ t � a
Notary Public, in and for the State of Iowa,A ersonally appeared Michael C.Van Milligen and Kevin S. Firnstahl,to me
personally known and who, being duly sworn, did say that they are the City Manager and City Clerk, respectively, of
the City of Dubuque, Iowa; th eti�a
and Michael C. Van Milligen and Kevin S. Firnstahl acknowledged the
execution of the instrument to be their voluntary act deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
taryPublic
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