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HomeMy WebLinkAbout2022-02-22-I01E_07 28E Agr_Clive_Joint Roadway MaintenanceAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 22, 2022 AGENDA ITEM:Consideration of approval of a resolution approving 28E Agreement between the City of Clive, Iowa, and the City of Waukee, Iowa [Joint Roadway Maintenance] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: There is an existing 28E Agreement between the Cities dated November 19, 1999 (book1999, page 12784 of the Dallas County Recorder’s Office) and subsequently amended by the First Amendment to Joint Public Service Agreement Between the City of Waukee, Iowa and the City of Clive, Iowa dated August 29, 2002 (book 2002, page 14723) providing for the joint maintenance and servicing of roadways in close proximity to the respective Cities. Due to changing character of the areas near the joint boundaries of the Cities as a result of development of adjacent properties, the Cities desire to execute a new Agreement under the provisions of Chapter 28E, Code of Iowa, 2021, to provide for roadway and rights-of-way maintenance and repair which are largely adjoining both the Cities. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution and 28E Agreement. ATTACHMENTS: I. Resolution II. 28E Agreement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK I1E7 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING 28E AGREEMENT BETWEEN THE CITY OF CLIVE, IOWA AND THE CITY OF WAUKEE, IOWA [JOINT ROADWAY MAINTENANCE] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, there are certain existing and corporate line roadways and rights-of-way and new roadways and rights-of-way within areas surrounded by and included in the corporate boundaries of the Cities and are presently being maintained by both Cities; AND, WHEREAS, under Chapter 28E of the Code of Iowa, 2021, the City of Waukee, as a public agency, may enter into an Agreement with the City of Clive, another public agency, to provide services to the mutual advantage of both agencies; AND, WHEREAS, there is an existing Agreement between the Cities in accordance with provisions of Chapter 28E, Code of Iowa, providing for the joint maintenance and servicing of roadways within the Cities; AND, WHEREAS, due to the changing character of the areas near the joint boundaries of the Cities due to development of adjacent properties, the Cities desire to execute a new Agreement under the provisions of Chapter 28E, Code of Iowa, 2021, to provide for roadway and rights-of-way maintenance and repair which are largely adjoining both the Cities. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 22nd day of February, 2022, that it hereby approves a 28E Agreement between the City of Clive, Iowa, and City of Waukee, Iowa [Joint Roadway Maintenance Agreement]. ____________________________ Courtney Clark, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 28E AGREEMENT BETWEEN THE CITY OF CLIVE, IOWA, AND THE CITY OF WAUKEE, IOWA THIS JOINT MAINTENANCE AGREEMENT has been made and entered into by and between the City of Clive, Iowa (also referred to as Clive), a Municipal corporation organized and existing under the laws of the State of Iowa, and the City of Waukee (also referred to as Waukee), also a Municipal corporation organized and existing under the laws of the State of Iowa (also collectively referred to as Cities), in accordance with provisions of Chapter 28E, Code of Iowa, 2021. The purpose of this Agreement shall be to provide joint exercise of the respective powers of the Cities hereto in connection with the joint maintenance of certain roads and rights-of-way which are under the jurisdiction of both Cities. This Agreement shall become binding upon each party after approval by the City Council of Clive and the City Council of Waukee. This document shall supersede any and all other documents pertaining to mutual agreement between the Cities for joint maintenance of certain roads and rights-of-way. WITNESSETH: WHEREAS, there are certain roadways and rights-of-way within areas surrounded by, and included in, the corporate boundaries of the respective Cities that are maintained by both Cities; and WHEREAS, under Chapter 28E of the Code of Iowa, 2021, the City of Waukee, as a public agency, may enter into an Agreement with the City of Clive, another public agency, to provide services to the mutual advantage of both agencies and; WHEREAS, there is an existing 28E Agreement between the Cities namely the agreement entered into between the parties in November of 1999 recorded on November 19, 1999 in book 1999, page 12784 of the Dallas County Recorder’s Office and filed with the Secretary of State on November 16, 1999; the agreement was subsequently amended by the First Amendment To Joint Public Service Agreement Between the City of Waukee, Iowa And the City of Clive, Iowa dated August 29, 2002 and recorded in book 2002, page 14723 on October 14, 2002 in the Office of the Dallas County Recorder and filed with the Secretary of State’s Office on October 29, 2002 providing for the joint maintenance and servicing of roadways in close proximity to the respective Cities (collectively referred to as “Prior Agreement”); and WHEREAS, due to the changing character of the areas near the joint boundaries of the Cities due to development of adjacent properties, the Cities desire to execute a new Agreement under the provisions of Chapter 28E, Code of Iowa, 2021, to provide for roadway and rights-of-way maintenance and repair which are largely adjoining both the Cities. NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1.Termination of Existing Agreements. The existing Joint Public Service Agreement between the City of Waukee, Iowa, and the City of Clive, Iowa, established in accordance with provisions of Chapter 28E, Code of Iowa dated November 1999 which was recorded in the Office of the Dallas County Recorder in book 1999, page 12784 on November 15, 1999 and filed with the Secretary of State on November 16, 1999 and subsequently amended by the First Amendment to Joint Public Service Agreement dated August 29, 2002 and which was recorded in the Office of the Dallas County Recorder in book 2002, page 14723 on October 14, 2002 and filed with the Secretary of State on October 29, 2002, which provides for the joint maintenance by both Cities of certain streets and rights of way is hereby terminated and shall no longer be in effect upon the approval and acceptance of this Agreement as provided herein. 2.NE Alice’s Road (Between NE Horizon Drive and NE Douglas Parkway). The Cities have a shared boarder along this stretch of roadway. Except as limited by the provisions of Paragraph 8 hereof, the City of Waukee shall be responsible for snow and ice removal and street sweeping. In addition, The City of Waukee shall be responsible for the maintenance of all traffic island signs and overhead lane directional signs, as well as street painting including traffic control markings. Each City will be responsible for their respective side of the street for all traffic control signage, street lights, ditch mowing/maintenance and pavement maintenance. Maintenance costs (labor and materials) and any reconstruction costs of jointly owned traffic signals shall be shared equally. The City of Waukee will be responsible for the management and operation of all traffic signals on this section of street, including the temporary (span wire) traffic signal at NE Alice’s Road and NE Douglas Parkway. All costs related to traffic signals, street lights, fiber maintenance and cameras as agreed herein shall be paid by Waukee and 50% of the costs incurred shall be billed to Clive on a quarterly basis, including but not limited to electric and maintenance costs. Major maintenance or reconstruction shall not be undertaken unless approved in writing by both cities. Clive and Waukee will jointly be responsible for determination of applicable speed limits on this section of roadway. 3.NE Alice’s Road (Between NE Douglas Parkway and Waukee’s northern city limits adjacent to NE Alice’s Road). The Cities have a shared boarder along this stretch of roadway. Except as limited by the provisions of Paragraph 8 hereof, the City of Clive shall be responsible for snow and ice removal and street sweeping. In addition, the City of Clive shall be responsible for the maintenance of all traffic island signs and overhead lane directional signs, as well as street painting including traffic control markings. The City of Clive will be responsible for all traffic control signage, street lights, ditch mowing/maintenance and pavement maintenance on both sides of this stretch of NE Alice’s Road. The City of Clive will be responsible for the management and operation of all traffic signals on this section of street, including the permanent (steel poles and mast arms) traffic signal at NE Alice’s Road and NE Douglas Parkway. All costs related to traffic signals, street lights, fiber maintenance and cameras as agreed herein shall be paid by Clive and 50% of the costs incurred shall be billed to Waukee on a quarterly basis, including but not limited to electric and maintenance costs. Major maintenance or reconstruction shall not be undertaken unless approved in writing by both cities. Clive and Waukee will jointly be responsible for determination of applicable speed limits on this section of roadway. 4.N Warrior Lane (Between Clive’s southern city limits adjacent to N Warrior Lane and Meredith Drive). The Cities have a shared boarder along this stretch of roadway. Except as limited by the provisions of Paragraph 8 hereof, the City of Waukee shall be responsible for snow and ice removal and street sweeping. In addition, the City of Waukee shall be responsible for the maintenance of all traffic island signs and overhead lane directional signs, as well as street painting including traffic control markings. Each City will be responsible for their respective side of the street for all traffic control signage, street lights, ditch mowing/maintenance and pavement maintenance. Major maintenance or reconstruction shall not be undertaken unless approved in writing by both cities. Clive and Waukee will jointly be responsible for determination of applicable speed limits on this section of roadway. 5.NW 142nd Street (Between University Avenue and Waukee’s northern city limits adjacent to NW 142nd Street). The Cities have a shared boarder along this stretch of roadway. Except as limited by the provisions of Paragraph 8 hereof, the City of Clive shall be responsible for all snow and ice removal and street sweeping. The City of Clive shall be responsible for traffic control markings and minor pavement maintenance. Each City will be responsible for their respective side of the street for all traffic control signage, street lights, and ditch mowing/maintenance. Major maintenance or reconstruction shall not be undertaken unless approved in writing by both cities. Clive and Waukee will jointly be responsible for determination of applicable speed limits on this section of roadway. 6.SE Woodcrest Drive (Within Waukee’s City Limits). The City of Clive shall be responsible for all snow and ice removal. The City of Waukee shall be responsible for all traffic control markings, traffic control signage, street lights, minor and major pavement repairs and street sweeping. 7.University Avenue (From NW 142nd Street to Clive’s western city limits adjacent to University Avenue). Except as limited by the provisions of Paragraph 8 hereof, the City of Waukee shall be responsible for all snow and ice removal and street sweeping. The City of Clive will be responsible for their respective side of the street for all traffic control signage, street lights and pavement maintenance. Major maintenance or reconstruction shall not be undertaken unless approved in writing by both cities. 8. Any major construction or reconstruction within the public right-of-way of any road enumerated in this Agreement, including major construction or reconstruction of roadway paving and parking, shall be accomplished by mutual agreement between the Cities. Major construction or reconstruction shall include replacement and reconstruction of greater than 50 square yards of contiguous or proximate paving. Each agency will be responsible for any damage incurred from official detour routes established on the other jurisdiction’s streets. 9. This Agreement shall remain in effect from the date it is electronically filed with the Iowa Secretary of State until terminated as provided herein. This Agreement may be terminated at any time by a resolution of the Waukee City Council or the Clive City Council by giving ninety (90) days written notice of such intention to terminate. Notice of such termination shall be served by registered mail to the principal meeting place of the other agency. The termination of this Agreement shall not relieve either party of any obligation or liability arising during the term of the Agreement. 10. Each City shall be solely liable for any claim for damages filed that pertains to the services performed by that agency as outlined above. Each party agrees to indemnify and to hold the other party, its elected officers, agents, employees and successors and assigns, harmless from and against all claims, demands, actions and/or causes of actions, judgments, settlements, or other costs, including reasonable attorney’s fees, which the party, its successors and assigns, may incur or sustain (a) by reason of the indemnifying party’s breach of this Agreement or failure to legally or timely meet the responsibilities imposed herein, or (b) by reason of the torts of the indemnifying party. 11. The costs for performing the duties outlined above shall be borne by the agency performing the service. Each party shall finance its costs in such a manner as permitted by law and as shall be determined by its respective City Council. Both parties agree to cooperate to the extent necessary to fully comply with all laws applicable to the financing of and contracting for any work or activity contemplated by this Agreement. 12. The parties hereunto shall approve this agreement by resolution of both the Waukee City Council and the Clive City Council which shall authorize the execution of this Agreement. It will then be electronically filed in the office of the Iowa Secretary of State in accordance with Chapter 28E, Code of Iowa, 2022. 13. This is the entire Agreement between the parties, and it may be amended only in writing, signed by authorized representatives of both parties. 14. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 15. For the purposes of this Agreement, the Director of Public Works for the City of Clive and the Director of Public Works for the City of Waukee shall be the Administrators of this Agreement. By entering into this Agreement, the Cities do not intend to create a separate legal entity. The parties do not intend to jointly acquire or hold real or personal property under this Agreement. 16. If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 17.Each party agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time to affect the provisions and purposes of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands, for the purpose herein expressed. CITY OF WAUKEE, IOWA CITY OF CLIVE, IOWA Passed and Approved the Passed and Approved the day of ,2022. day of , 2022. _________________________________ Courtney Clarke, Mayor John Edwards, Mayor ATTEST: ATTEST: _____________________________ Becky Schuett, City Clerk Mathew Graham, City Clerk