Supplemental Agreement Between the City of Dubuque/Sageville/Dubuque County Copyright 2014
City of Dubuque Action Items # 7.
ITEM TITLE: Supplemental Agreement Between the City of Dubuque
and the City of Sageville
SUMMARY: City Manager recommending approval of a resolution
authorizing the Mayor to execute a Supplemental
Agreement between the City of Dubuque, the City of
Sageville, and Dubuque County which will allow for the
transfer of jurisdiction for the roadway segment of the
Northwest Arterial (U.S. Highway 52/U.S. Highway 3).
RESOLUTION Approving a Supplemental Agreement
between the City of Sageville, Iowa, the City of Dubuque,
Iowa, and Dubuque County, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Southwest Arterial Transfer of Roadway Jurisdiction- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Exhibit Supporting Documentation
Supplemental Agreement Supporting Documentation
THE CITY OF Dubuque
U E I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Southwest Arterial Project
Transfer of Roadway Jurisdiction — City of Sageville Supplemental
Agreement
DATE: July 26, 2016
Assistant City Engineer Bob Schiesl recommends City Council approval of a resolution
authorizing the Mayor to execute a Supplemental Agreement between the City of
Dubuque, the City of Sageville, and Dubuque County. This Supplemental Agreement
will allow for the transfer of jurisdiction for the roadway segment of the Northwest
Arterial/U.S. Highway 52/U.S. Highway 3 located within the City of Sageville corporate
limits, transferring from the Iowa Department of Transportation to the City of Sageville.
A significant accomplishment for the continued development and advancement of the
Southwest Arterial project was the execution of the Memorandum of Understanding
(MOU) on August 9, 2013, between the Iowa DOT and the City. This historic
achievement would not have occurred without the collaborative partnership between the
Iowa DOT staff, the City and its partners, including Dubuque County and the City of
Sageville.
The Iowa DOT and the City of Dubuque propose to transfer the jurisdiction of the
Southwest Arterial from the City to the State of Iowa in exchange for the Transfer of
Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa 3
from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61 in
downtown Dubuque, from the State to the City, after the Southwest Arterial is completed
and open to traffic.
In 1989, the City of Dubuque and Dubuque County agreed to indemnify and hold the
City of Sageville harmless with respect to the construction of the Northwest Arterial
Project from John F. Kennedy Road to U.S. Highway 52/U.S. Highway 3, for the short
roadway segment of the Northwest Arterial located within the City of Sageville corporate
limits.
In order to facilitate the Transfer of Road Jurisdiction, the City and Dubuque County
have requested the City of Sageville to accept and execute an Iowa Department of
Transportation Agreement for Transfer of Road Jurisdiction.
The City of Sageville has agreed to accept and execute the Transfer of Jurisdiction
Agreement, provided the City and Dubuque County confirm the indemnification and hold
harmless obligations as set forth in the original 1989 Agreement.
Because the final version of the Transfer of Jurisdiction has not yet been submitted to or
approved by the City of Sageville, the resolution approving the Supplemental
Agreement is subject to approval of the final version of the Transfer of Jurisdiction by
the City Manager and execution by the City of Sageville.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Robert Schiesl, Assistant City Engineer
Gus Psihoyos, City Engineer
2
THE CITY OF Dubuque
AII11-America CiI.ty
UB E1
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
DATE: July 26, 2016
SUBJECT: Southwest Arterial Project
Transfer of Roadway Jurisdiction - City of Sageville Supplemental Agreement
INTRODUCTION
The enclosed resolution authorizes the Mayor to execute a Supplemental Agreement
between the City of Dubuque, the City of Sageville, and Dubuque County which will
allow for the transfer of jurisdiction for the roadway segment of the Northwest Arterial
(U.S. Highway 52/U.S. Highway 3) located within the City of Sageville corporate limits,
transferring from the Iowa Department of Transportation (Iowa DOT) to the City of
Sageville.
BACKGROUND
A significant accomplishment for the continued development and advancement of the
Southwest Arterial project was the execution of the Memorandum of Understanding
(MOU) on August 9, 2013, between the Iowa DOT and the City. This historic
achievement would not have occurred without the collaborative partnership between the
Iowa DOT staff, the City and its partners, including Dubuque County and the City of
Sageville.
The following is a brief summary of the overall intent and principle objectives as set forth
when developing the MOU:
• The Iowa DOT proposes to re-route a portion of U.S. 52 in Dubuque County; and
• The City is developing the Southwest Arterial which will connect U.S. 20 to U.S
61/151; and
• The Iowa DOT proposes to utilize the Southwest Arterial to carry a portion of re-
routed U.S. 52 traffic; and
• The Iowa DOT and City, in joint cooperation propose to transfer the jurisdiction of the
Southwest Arterial from the City to the State of Iowa in exchange for the Transfer of
Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa
3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61 in
downtown Dubuque, from the State to the City, after the Southwest Arterial is
completed and open to traffic.
• The City hereby agrees to continue as the lead agency for the development and
advancement of the Southwest Arterial and will be responsible for the completion the
following project improvements:
Project Description
FE - Final Engineering Design North Cascade Road Reconstruction
ROW- Property Acquisition English Mill Road Reconstruction
Gas Pipeline Utility Relocation Military Road Reconstruction
The Iowa DOT will take over as lead agency for the completion of the Southwest Arterial
upon the City completing said improvements outlined above.
The City is nearing completion of the right-of-way property acquisition for the 56
impacted properties. As of June 2016, the City has purchased 54 properties and has
expended approximately $13.7 million for right-of-way property acquisition. The
remaining 2 property acquisitions will be completed by August 2016.
Subject to future continued funding availability in the Iowa DOT's 5-Year Transportation
Program, the Iowa DOT projects that the Southwest Arterial (2-lanes) could be open to
traffic by the end of 2019.
CONSTRUCTION
The following is an update on the completed projects and the development schedule for
upcoming construction projects for the Southwest Arterial.
• North Cascade Road reconstruction project was completed in November 2013;
final cost is approximately $3.7 Million.
• The box culvert structure at Granger Creek / Highway 61/151 interchange is
substantially complete, final cost is approximately $1 .2 Million.
• The BHE gas pipeline relocation on English Mill has been completed; final cost is
approximately $1 .4 Million.
• English Mill Road reconstruction project is currently under construction with an
anticipated completion in the spring of 2017. Current cost is approximately $3.5
Million.
• The Menards Frontage Road project was bid in June 2016. Construction will
begin in the fall of 2016 with a majority of the work to be completed during the
2017 season. Cost projection $8.9 Million.
• US20 / Seippel interchange grading project will bid in July 2016. Construction will
begin in the fall of 2016 with a majority of the work to be completed during the
2017-18 season. Cost projection $7.2 Million.
• West grading project will bid in July 2016. Construction will begin in the fall of
2016 with a majority of the work to be completed during the 2017-18 season.
Cost projection $11 .4 Million.
• Military Road reconstruction project will bid in October 2016. Construction will
begin in 2017. Cost projection $7.2 Million.
Federal Funding $ 32.8 Million
City Funding $ 6.1 Million
Dubuque County Funding $ 3.6 Million
Iowa DOT 5-Year Highway Transportation Program $ 94.6 Million
Total Funding $ 137.1 Million
State Funding (2016 - 2019) $ 132.0 Million
• 2-Lane Highway
• Hwy 20 to Hwy 61/151
City - Federal Funding $ 32.8 Million
City Funding$ 6.1 Million
Dbq County Funding $ 3.6 Million
TOTAL FUNDING $ 174.5 Million
DISCUSSION
In 1989, the City and Dubuque County agreed to indemnify and hold the City of
Sageville harmless with respect to the construction of the Northwest Arterial Project
from John F. Kennedy Road to U.S. Highway 52/U.S. Highway 3, for the short roadway
segment of the Northwest Arterial located within the City of Sageville corporate limits.
In order to facilitate the Transfer of Road Jurisdiction, the City and Dubuque County
have requested the City of Sageville to accept and execute an Iowa Department of
Transportation Agreement for Transfer of Road Jurisdiction (TOJ Agreement).
The City of Sageville has agreed to accept and execute the TOJ Agreement, provided
the City and Dubuque County confirm the indemnification and hold harmless obligations
as set forth in the original 1989 Agreement.
RECOMMENDATION
The Director of the Iowa Department of Transportation, Paul Trombino, and
Commission Members have all unanimously supported the overall objective and
conditions of the Memorandum of Understanding, which includes the completion of the
Southwest Arterial project in exchange for the Transfer of Jurisdiction of the Northwest
Arterial (Iowa 32). Thus I recommend that the City Council adopt the enclosed
resolution and authorize the Mayor to sign the Supplemental Agreement between the
City of Dubuque, the City of Sageville, and Dubuque County.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution and authorize
the Mayor to execute a Supplemental Agreement between the City of Dubuque, the City
of Sageville, and Dubuque County which will allow for the transfer of jurisdiction for the
roadway segment of the Northwest Arterial from the Iowa Department of Transportation
to the City of Sageville.
Because the final version of the TOJ has not yet been submitted to or approved by the
City of Sageville, the resolution approving the Supplemental Agreement is subject to
approval of the final version of the TOJ by the City Manager and execution by the City
of Sageville.
Prepared by: Robert Schiesl, Assistant City Engineer
cc: Teri Goodmann, Assistant City Manager
Jim Schnoebelen, District 6 Engineer, Iowa DOT
Dubuque County Board of Supervisors
Anthony Bardgett, Dubuque County Engineer
Kelley Deutmeyer, ECIA
Chandra Ravada, ECIA
F:\PROJECTS\SOUTHWEST ARTERIAL\Transfer of Jurisdiction - MOU
RESOLUTION NO. 296-16
RESOLUTION APPROVING A SUPPLEMENTAL AGREEMENT BETWEEN THE
CITY OF SAGEVILLE, IOWA, THE CITY OF DUBUQUE, IOWA, AND DUBUQUE
COUNTY, IOWA
WHEREAS, the Dubuque City Council, the Dubuque County Board of
Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the
Dubuque Area Chamber of Commerce and the Greater Dubuque Development
Corporation have all identified the completion of the Southwest Arterial Project as the
No. 1 surface transportation priority in the Dubuque area; and
WHEREAS, the City and Iowa Department of Transportation (Iowa DOT) desire
to maintain and increase transportation infrastructure while improving safety for the
motorist within the City of Dubuque and Dubuque County and acknowledge the mutual
benefit to partner on the Southwest Arterial Project; and
WHEREAS, the City and the Iowa DOT executed a Memorandum of
Understanding (MOU) for the completion of the Southwest Arterial project; and
WHEREAS, the Iowa DOT and City, in joint cooperation propose to Transfer the
Jurisdiction of the Southwest Arterial from the City to the State of Iowa in exchange for
the Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing
U.S. 52/Iowa 3 from the Iowa 32/John Deere Road intersection to the intersection of
U.S. 61 in downtown Dubuque, from the State to the City, after the Southwest Arterial is
completed and open to traffic; and
Whereas the City of Sageville, Iowa, the City of Dubuque, Iowa, and Dubuque
County, Iowa entered into an Agreement in 1989 (the 1989 Agreement) regarding
construction of the Phase IV of the Northwest Arterial Project from John F. Kennedy
Road to U.S. Highway 52/U.S. Highway 3; and
Whereas, the Agreement provides that the City of Dubuque and Dubuque County
have agreed to indemnify and hold the City of Sageville harmless with respect to Phase
IV of the Northwest Arterial Project; and
Whereas, the City of Dubuque and Dubuque County have requested the City of
Sageville accept and execute an Iowa Department of Transportation (the Iowa DOT)
Agreement for Transfer of Road Jurisdiction (the TOJ Agreement); and
Whereas, the City of Sageville has agreed to accept and executed the TOJ
Agreement, provided the City of Dubuque and Dubuque County confirm the
indemnification and hold harmless obligations as set forth in the original 1989
Agreement.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. City of Dubuque, the City of Sageville, and Dubuque County hereby
agree to partner on the Southwest Arterial Project.
SECTION 2. The City of Dubuque hereby confirms the indemnification and hold
harmless obligations as set forth in the original 1989 Agreement.
SECTION 3. The Mayor is hereby authorized to execute the Supplemental
Agreement between the City of Dubuque, the City of Sageville, and Dubuque County
which will allow for the transfer of jurisdiction for the roadway segment of the Northwest
Arterial (U.S. Highway 52/U.S. Highway 3) located within the City of Sageville corporate
limits, transferring from the Iowa Department of Transportation (Iowa DOT) to the City of
Sageville, subject to approval of the final version of the TOJ Agreement by the City
Manager and execution of the TOJ Agreement by the City of Sageville.
Passed, approved and adopted this 1st day of August, 2016.
Attest:
Kevin S.-FirnstahI, City tIert<
F:\PROJECTS\SOUTHWEST ARTERIAL\Transfer of Jurisdiction - MOU
Roy D. Buol, Mayor
SUPPLEMENTAL AGREEMENT
BETWEEN
THE CITY OF SAGEVILLE, IOWA,
THE CITY OF DUBUQUE, IOWA,
AND
DUBUQUE COUNTY, IOWA
This Agreement, dated for reference purposes the L3ZfT day of
2016, is made and executed between and among the City of
Dubulue, Iowa, a municipal corporation, the City of Sageville, Iowa, and Dubuque
County, Iowa.
WHEREAS, the City of Sageville, Iowa, and the City of Dubuque, Iowa,
and Dubuque County, Iowa, entered into an Agreement in 1989 (the 1989 Agreement)
regarding construction of Phase IV of the Northwest Arterial Project from John F.
Kennedy Road to U.S. Highway 52/U.S. Highway 3; and
WHEREAS, the 1989 Agreement provides that the City of Dubuque and
Dubuque County have agreed to jointly and severally indemnify and hold the City of
Sageville harmless with respect to Phase IV of the Northwest Arterial Project; and
WHEREAS, the City of Dubuque and Dubuque County have requested
the City of Sageville to accept and execute an Iowa Department of Transportation (the
Iowa DOT) Agreement for Transfer of Road Jurisdiction from Iowa DOT to the City of
Sageville (the TOJ Agreement) of the following:
All portions of Iowa 32 (Northwest Arterial) that are within the corporation
limits of Sageville, a length of approximately 0,67 miles, as shown on
Exhibit A attached; and
That portion of Iowa 3/U.S. 52 that is within the corporation limits of
Sageville, a length of approximately 0.06 miles, as shown on Exhibit A
attached; and
Including the following bridge, to -wit: FHWA No, 023960 (hereinafter
collectively the TOJ Roadway Segments); and
WHEREAS, the City of Sageville has conditionally agreed to accept and
execute the TOJ Agreement, provided the City of Dubuque and Dubuque County
confirm and ratify the 1989 Agreement and extend its terms, conditions and
indemnifications to the TOJ Roadway Segments and the City of Sageville's obligations
under the TOJ Agreement.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO
AS FOLLOWS:
062816bal
1. The City of Sageville agrees to accept and execute the TOJ Agreement
between the Iowa DOT and Sageville.
2, In consideration of the respective agreements and undertakings set forth
in the 1989 Agreement and the TOJ Agreement, the City of Dubuque, Iowa, and the
County of Dubuque, Iowa, agree to jointly and severally indemnify and hold the City of
Sageville and/or its successors and assigns harmless from and against any and all
liability, loss, damage, or expense of every nature which the City of Sageville and/or its
successors and assigns may incur or sustain now and forever in the future as a result of
or arising out of the TOJ Agreement and the transfer of jurisdiction of the TOJ Roadway
Segments.
3, Such liabilities and expenses include, but are not limited to: all attorney
fees and administrative costs of every nature; construction costs; repair and
maintenance costs; signage costs; inspection costs; traffic signal installation and
maintenance costs; pavement marking costs; costs for snow and ice removal; costs to
modify the farm to market road system as outlined in IM 4.210 and 4.220; and all tort
and/or contractual liability in any way associated with the TOJ Agreement and the TOJ
Roadway Segments.
4. Pursuant to the 1989 Agreement, the City of Dubuque, Iowa, reaffirms and
hereby agrees to be responsible for any and all expenses related to any future
construction costs; replacement costs; repair and maintenance costs; traffic signal
maintenance costs; pavement marking costs; and the costs for snow and ice removal;
for the TOJ Roadway Segments.
5. All other provisions o the 1989 Agreement are ratified and shall remain in
full force and effect.
6. The City of Dubuque, Iowa, and the County of Dubuque, Iowa, further
agree that neither will jointly or severally pursue incorporation, discontinuance,
boundary adjustment, or annexation as provided by Chapter 368 of the Iowa Code with
regard to any property within the incorporated limits of the City of Sageville, Iowa.
7. The City of Dubuque, Iowa, and the County of Dubuque, Iowa, further
agree that each has or shall pass a Resolution and/or Ordinance adopting this
Agreement in its entirety.
CITY OF DUBUQUE, IOWA
By:
2
Roy D. o , Mayor
Attest:
Attest:
\Ji/yjc, 414„.
\iv
et +if Cke rk<- re
Attest:
CITY OF SAGEVILLE, IOWA
--R•e_c.Kse-f-1
DUBUQUE COUNTY, IOWA
By
STATE OF IOWA
) ss,
COUNTY OF DUBUQUE )
On this 6.1t/ day of _PM ct,(54- , 2016, before me, a Notary
Public in and for the State of Iowa, pers ally appeared Roy D. Buol and Kevin S.
Firnstahl, to me personally known, who being duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a Municipal
Corporation, created and existing under the laws of the State of Iowa, and that the seal
affixed to the foregoing instrument is the seal of said Municipal Corporation, and that the
instrument was signed and sealed on behalf of said Municipal Corporation by authority
and resolution of its City Council; and said Mayor and City Clerk acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed,
TRISH L. GLEASON
#41 Commission Number 71
.
My Commission Expires
3
IS
6
he State of low
STATE OF IOWA
) ss,
COUNTY OF DUBUQUE )
On this day of 7:37JA 2016, before me, a Notary
Public in and for the State of Iowa, personally appeared
to me
personally known, who, being by me duly s orn, did say that they are the
(3/4(k-4 ar and ei`ir respectively, of the City of
Sageville, Iowa; that the City of Sageville does have a corporate seal; and that the
instrument was signed on behalf of the City of SagevilI by authority of its City Council;
and that _Tp,?r and 11,11c -k -r acknowledge
the execution of the instrument to be their voluntary act and deed and the voluntary act
and deed of the City of Sageville, Iowa, by it voluntarily executed.
o Public in and for the
4
e of Iowa
RUTH M. ESSER RECKER
Commission Number 738494
Comm. ,Exp. /-1/-aQ4-
'
STATE OF IOWA
)ss,
COUNTY OF DUBUQUE )
On this day of , 2016, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
tda-y Vlf -De vnymer andj&ailkbel_ :”De (A. , to me
know6 to be the identical persons named in and o executed th- w thin and foregoing
instrument on behalf of the Dubuque County, Iowa, to which this is attached, and
acknowledged that they executed the same as their voluntary act and deed,
10
DENISE IA, DOLAN
Cornrillaston Number 151
y Corr mluston Eitplret
Note
Public in and for State of Iowa
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RESOLUTION NUMBER 1 (62 - 19 l�
WHEREAS, Dubuque County has been presented with a Supplemental Indemnity Agreement
between the Sageville, City of Dubuque and Dubuque County for transfer of jurisdiction
purposes related to the Northwest Arterial.
NOW, THEREFORE BE IT RESOLVED that the Dubuque County Board of Supervisors
approves and authorizes the Chairperson to sign the Supplemental Indemnity Agreement
between the City of Sageville, City of Dubuque and Dubuque County for transfer of jurisdiction
purposes related to the Northwest Arterial.
Approved: July 11, 2016
Attest:
147/a/24d_
Mary JYHOel, Deputy County Auditor
Wayne emmer, Chairperson
Dubuq County Board of Supervisors
RESOLUTION #2016-05
RESOLUTION AUTHORIZING MAYOR TO SIGN SUPPLEMENTAL
INDEMNITY AGREEMENT
WHEREAS, the City of Sageville, the City of Dubuque, and Dubuque County,
Iowa, entered into an Agreement in 1989 regarding construction of Phase IV of the
Northwest Arterial Project; and
WHEREAS, the State of Iowa Department of Transportation has asked the City
of Sageville to accept and execute an Iowa DOT Transfer of Road Jurisdiction; and
WHEREAS, the City of Sageville has asked for a Supplemental Indemnity
Agreement to the previous Agreement in 1989;
THEREFORE, by order of the City Council of the City of Sageville, the
Mayor is hereby authorized to sign said agreement on behalf of the City.
PASSED AND APPROVED by motion on July 5, 2016.
Don Recker, Mayor
ATTEST:
Mary abet, CMC, ICFO
City Clerk/Treasurer
SUPPLEMENTAL AGREEMENT
BE EEN
THE CITY OF SAGEVILLE, IOWA,
THE CITY OF DUBUQUE, IOWA,
AND
DUBUQUE COUNTY, IOWA
This Agreement, dated for reference purposes the it day of
7D1T;kly_ 2016, is made and executed between and among the City of
Dubuque, Iowa, a municipal corporation, the City of Sageville, Iowa, and Dubuque
County, Iowa.
WHEREAS, the City of Sageville, Iowa, and the City of Dubuque, lowa,
and Dubuque County, Iowa, entered into an Agreement in 1989 (the 1989 Agreement)
regarding construction of Phase IV of the Northwest Arterial Project from John F.
Kennedy Road to U.S. Highway 52/U.S, Highway 3; and
WHEREAS, the 1989 Agreement provides that the City of Dubuque and
Dubuque County have agreed to jointly and severally indemnify and hold the City of
Sageville harmless with respect to Phase IV of the Northwest Arterial Project; and
WHEREAS, the City of Dubuque and Dubuque County have requested
the City of Sageville to accept and execute an Iowa Department of Transportation (the
Iowa DOT) Agreement for Transfer of Road Jurisdiction from Iowa DOT to the City of
Sageville (the TOJ Agreement) of the following:
All portions of Iowa 32 (Northwest Arterial) that are within the corporation
limits of Sageville, a length of approximately 0.67 miles, as shown on
Exhibit A attached; and
That portion of Iowa 3/U.S. 52 that is within the corporation limits of
Sageville, a length of approximately 0.06 miles, as shown on Exhibit A
attached; and
Including the following bridge, to -wit: FHWA No. 023960 (hereinafter
collectively the TOJ Roadway Segments); and
WHEREAS, the City of Sageville has conditionally agreed to accept and
execute the TOJ Agreement, provided the City of Dubuque and Dubuque County
confirm and ratify the 1989 Agreement and extend its terms, conditions and
indemnifications to the TOJ Roadway Segments and the City of Sageville's obligations
under the TOJ Agreement.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO
AS FOLLOWS:
062816ba1
1. The City of Sageville agrees to accept and execute the TOJ Agreement
between the Iowa DOT and Sageville,
2, In consideration of the respective agreements and undertakings set forth
in the 1989 Agreement and the TOJ Agreement, the City of Dubuque, Iowa, and the
County of Dubuque, Iowa, agree to jointly and severally indemnify and hold the City of
Sageville and/or its successors and assigns harmless from and against any and all
liability, loss, damage, or expense of every nature which the City of Sageville and/or its
successors and assigns may incur or sustain now and forever in the future as a result of
or arising out of the TOJ Agreement and the transfer of jurisdiction of the TOJ Roadway
Segments.
3. Such liabilities and expenses include, but are not limited to: all attorney
fees and administrative costs of every nature; construction costs; repair and
maintenance costs; signage costs; inspection costs; traffic signal installation and
maintenance costs; pavement marking costs; costs for snow and ice removal; costs to
modify the farm to market road system as outlined in IM 4.210 and 4.220; and all tort
and/or contractual liability in any way associated with the TOJ Agreement and the TOJ
Roadway Segments.
4. Pursuant to the 1989 Agreement, the City of Dubuque, Iowa, reaffirms and
hereby agrees to be responsible for any and all expenses related to any future
construction costs; replacement costs; repair and maintenance costs; traffic signal
maintenance costs; pavement marking costs; and the costs for snow and ice removal;
for the TOJ Roadway Segments.
5. All other provisions of the 1989 Agreement are ratified and shall remain in
full force and effect.
6. The City of Dubuque, Iowa, and the County of Dubuque, Iowa, further
agree that neither will jointly or severally pursue incorporation, discontinuance,
boundary adjustment, or annexation as provided by Chapter 368 of the Iowa Code with
regard to any property within the incorporated limits of the City of Sageville, Iowa.
7. The City of Dubuque, Iowa, and the County of Dubuque, Iowa, further
agree that each has or shall pass a Resolution and/or Ordinance adopting this
Agreement in its entirety.
CITY OF DUBUQUE, IOWA
By:
2
Roy Dir. uol, Mayor
Attest:
Kevin Firnstahl,
Attest:
Attest:
CITY OF SAGEVILLE, IOWA
DUBUQUE COUNTY
By:
A
STATE OF IOWA
) ss.
COUNTY OF DUBUQUE )
On this day ofAt-K4s_12-7 2016, before me, a Notary
Public in and for the State of Iowa, persarfally appeared Roy D. Buol and Kevin S.
Firnstahl, to me personally known, who being duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a Municipal
Corporation, created and existing under the laws of the State of Iowa, and that the seal
affixed to the foregoing instrument is the seal of said Municipal Corporation, and that the
instrument was signed and sealed on behalf of said Municipal Corporation by authority
and resolution of its City Council; and said Mayor and City Clerk acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
Commission Number 71
My Commission Expires
12.
Notary Public in and fo
STATE OF IOWA )
) ss.
COUNTY OF DUBUQUE )
On this 51 day of _ r5:;J _ _ 2016, before me, a Notary
Public in and for the State of Iowa, personally appeared
and in a_{- Pck....,1 _ , , to me
personally known, who, being by me duly sworn, did say that they are the
--
and ,,,,,_ _.(zer____, respectively, of the City of
Sageville, Iowa; that the City of -Seville does have a corporate seal; and that the
instrument was signed on behalf of the City of Sageville by authority of its City Council;
and that71,p7p --8 e'.1Zefr- and _mary_itedvel acknowledge
the execution of the instrument to be their voluntary act and deed and the voluntary act
and deed of the City of Sageville, Iowa, by it voluntarily executed.
RUTH M. ESSER RECKER
.Commiolon Number 73;94
Mr COMM. Exp. i-/
Notary Public in and for the State of Iowa
4
STATE OF IOWA
COUNTY OF DUBUQUE )
On this /P' day of shaq 2016, before me, the
undersigned, a Notary Public in and for the Sta0 of Iowa, personally appeared
e—PeAehilier C.-ka201- and nprto me
knowti to be the identical persons named in and who executed the Within and foregoing
instrument on behalf of the Dubuque County, Iowa, to which this is attached, and
acknowledged that they executed the same as their voluntary act and deed.
DENISE )4, DOLAN
Commission Number 15
21Ate MtUlL"-
1111 Commissi:on Expire, _ _ —
'Notary Public in and for State of Iowa
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SUPPLEMENTAL AGREEMENT
BETWEEN
THE CITY OF SAGEVILLE, IOWA,
THE CITY OF DUBUQUE, IOWA,
AND
DUBUQUE COUNTY, IOWA
This Agreement, dated for reference purposes the — day of
2016, is made and executed between and among the City of
Dubuq e, Iowa, a municipal corporation, the City of Sageville, Iowa, and Dubuque
County, Iowa.
WHEREAS, the City of Sageville, Iowa, and the City of Dubuque, Iowa,
and Dubuque County, Iowa, entered into an Agreement in 1989 (the 1989 Agreement)
regarding construction of Phase IV of the Northwest Arterial Project from John F.
Kennedy Road to U,S. Highway 52/U.S, Highway 3; and
WHEREAS, the 1989 Agreement provides that the City of Dubuque and
Dubuque County have agreed to jointly and severally indemnify and hold the City of
Sageville harmless with respect to Phase IV of the Northwest Arterial Project; and
WHEREAS, the City of Dubuque and Dubuque County have requested
the City of Sageville to accept and execute an Iowa Department of Transportation (the
Iowa DOT) Agreement for Transfer of Road Jurisdiction from Iowa DOT to the City of
Sageville (the TOJ Agreement) of the following:
All portions of Iowa 32 (Northwest Arterial) that are within the corporation
limits of Sageville, a length of approximately 0,67 miles, as shown on
Exhibit A attached; and
That portion of Iowa 3/U,S, 52 that is within the corporation limits of
Sageville, a length of approximately 0.06 miles, as shown on Exhibit A
attached; and
Including the following bridge, to -wit: FHWA No, 023960 (hereinafter
collectively the TOJ Roadway Segments); and
WHEREAS, the City of Sageville has conditionally agreed to accept and
execute the TOJ Agreement, provided the City of Dubuque and Dubuque County
confirm and ratify the 1989 Agreement and extend its terms, conditions and
indemnifications to the TOJ Roadway Segments and the City of Sageville's obligations
under the TOJ Agreement.
NOW, THEREFORE, IT IS AGREED BETVVEEN THE PARTIES HERETO
AS FOLLOWS:
062816bal
1. The City of Sageville agrees to accept and execute the TOJ Agreement
between the Iowa DOT and Sagevilie.
2. In consideration of the respective agreements and undertakings set forth
in the 1989 Agreement and the TOJ Agreement, the City of Dubuque, Iowa, and the
County of Dubuque, Iowa, agree to jointly and severally indemnify and hold the City of
Sageville and/or its successors and assigns harmless from and against any and all
liability, loss, damage, or expense of every nature which the City of Sageville and/or its
successors and assigns may incur or sustain now and forever in the future as a result of
or arising out of the TOJ Agreement and the transfer of jurisdiction of the TOJ Roadway
Segments.
3. Such liabilities and expenses include, but are not limited to: all attorney
fees and administrative costs of every nature; construction costs; repair and
maintenance costs; signage costs; inspection costs; traffic signal installation and
maintenance costs; pavement marking costs; costs for snow and ice removal; costs to
modify the farm to market road system as outlined in IM 4,210 and 4.220; and all tort
and/or contractual liability in any way associated with the TOJ Agreement and the TOJ
Roadway Segments.
4. Pursuant to the 1989 Agreement, the City of Dubuque, Iowa, reaffirms and
hereby agrees to be responsible for any and all expenses related to any future
construction costs; replacement costs; repair and maintenance costs; traffic signal
maintenance costs; pavement marking costs; and the costs for snow and ice removal;
for the TOJ Roadway Segments.
5. All other provisions of the 1989 Agreement are ratified and shall e "ri in
full force and effect,
6. The City of Dubuque, Iowa, and the County of Dubuque, Iowa, further
agree that neither will jointly or severally pursue incorporation, discontinuance,
boundary adjustment, or annexation as provided by Chapter 368 of the Iowa Code with
regard to any property within the incorporated limits of the City of Sageville, Iowa,
7. The City of Dubuque, Iowa, and the County of Dubuque, Iowa, further
agree that each has or shall pass a Resolution and/or Ordinance adopting this
Agreement in its entirety.
CITY OF DUBUQUE, IOWA
By:
2
Roy D
uol, Mayor
Attest'
Kevin irnstahl, City CI
Attest:
Attest:
,ce .41?
CITY OF SAGEVILLE, IOWA
, : 1
,, .,..
Ckt=?C; i/Plecyo
DUBUQUE COUNTY, IOWA
STATE OF IOWA
) ss,
COUNTY OF DUBUQUE )
On this day of , 2016, before me, a Notary
Public in and for the State of Iowa, personally appeared Roy D. Buol and Kevin S.
Firnstahl, to me personally known, who being duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a Municipal
Corporation, created and existing under the laws of the State of Iowa, and that the seal
affixed to the foregoing instrument is the seal of said Municipal Corporation, and that the
instrument was signed and sealed on behalf of said Municipal Corporation by authority
and resolution of its City Council; and said Mayor and City Clerk acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
Efill ' iMy CommissioncommiNssuirnonbeErx7pi1res
ii
1 • la.1
NotaryPublic in and for the State o
STATE OF IOWA
) ss.
COUNTY OF DUBUQUE )
On this 3 day of _ _ 2016, before me, a Notary
Public in and for the St e of Iowa, personally appeared
and
to me
personally known, who, being by me duly sw rn, did say that they are the
and C..1ii>./ respectively, of the City of
Sagevilfe, Iowa; that the City of Sebeville does have a corporate seal; and that the
instrument was signed on behalf of the City of Sageville by authority of its City Council;
and that , „_ and _Mcir-i Halle, acknowledge
the execution of the instrument to be their voluntary act and deed and the voluntary act
and deed of the City of Sageville, Iowa, by it voluntarily executed.
M1 yM1Y-
Public in and for th State of Iowa
4
RUTH M. ESSER RECKER
, Commission Number 738494
My. Comm. Exp. -
STATE OF IOWA
)ss.
COUNTY OF DUBUQUE )
On this //121- day of 3T.,1 2016, before me, the
undersigned, a Nota Public in and for the State of Iowa, personally appeared
17.tyv,vvve r C/6-lr and y(1.--A;j3)2(7_,, to me
known to be the identical persons named in and Who executed the ithin and foregoing
instrument on behalf of the Dubuque County, Iowa, to which this is attached, and
acknowledged that they executed the same as their voluntary act and deed,
DENISE ,OLAN
COIT1r11151i1Oil Number 15
y Comm1or Expire,
Notary Public in and for State of Iowa
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