Bluff St Benches in ROWPrepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864
ORDINANCE NO. 31 -01
AN ORDINANCE AUTHORIZING THE BLUFF STREET
NEIGHBORHOOD ASSOCIATION TO PLACE BENCHES IN THE PUBLIC
RIGHT-OF-WAY ALONG BLUFF STREET AND 4TM STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Bluff Street Neighborhood Association is hereby granted the
revocable permit and authority to construct and maintain benches under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction shall be done in accordance with plans
heretofore submitted by permittees and approved by the City Manager, under the
supervision and direction of the City Manager, and in accordance with all applicable state
and federal laws and regulations, and the Ordinances of the City of Dubuque.
Section 3. That the permission herein granted is expressly conditioned on
permittees' agreement to:
Assume any and all liability for damages to persons or property which may
result from the existence, location, installation, construction or maintenance
of said benches; and
Procure and maintain in rome dudng the term of this permit a policy of
liability insurance as set forth in the attached Insurance Schedule; and
Pay on behalf of the City of Dubuque, all sums which the City of Dubuque
shall become obligated to pay by reason of the liability imposed upon the
City of Dubuque for damages of any kind resulting from the location,
installation, existence, construction or maintenance of said benches
sustained by any person or persons, caused by accident or otherwise to
defend at its own expense and on behalf of said City any claim against the
City of Dubuque arising out of the location, installation, existence,
construction or maintenance of benches and to pay reasonable attorney
fees therefor; and
Indemnify, defend and hold the City of Dubuque free and harmless from any
and all claims, loss, liability and expense for death and/or injuries to third
persons or damages to property of third persons, or for damage to any
property of the City of Dubuque which may occur as a result of or in
connection with the location, installation, existence, construction,
maintenance and repair of the facility, work or improvement permitted
herein.
Section 4. That the permission herein granted is expressly conditioned upon
permittees' further agreement that should the right and privilege herein gra'nted be
rescinded or revoked by the City Council, permittees, or their successors in interest, as
owners of the abutting property, shall within ten (10) days after receipt of written notice
from the City Manager, so to do, at their own expense, remove said
and in the event of their failure to do so, the City of Dubuque shall be authorized to
remove said benches at permittees' expense and dispose of the same, and the permittee
shall have no claim against the City or its agents for damages resulting from the removal
of said benches.
Section 5. That permittees covenant and agree that the revocable permit herein
granted does not constitute an approval of the design, erection, location, construction;
repair or maintenance of said facility and said permittees hereby covenant and agree not
to assert such claim or defense against the City of Dubuque in the event of claim
asserted for death, personal injuries and/or property damage against the permittees
arising out of or in any way connected with the location, installation, construction, design,
repair and maintenance of the facility herein permitted.
Section 6. This Ordinance shall become effective and the rights hereunder accrue
to the Bluff Street Neighborhood Association when this Ordinance has been adopted by
the City Council and the terms and conditions thereof accepted by permittees by
acceptance endorsed on this Ordinance.
Section 7. That the City Clerk be and she is authorized and directed to file at
permittees' expense a copy of this ordinance in the Office of the Recorder in and for
Dubuque County, Iowa.
Section 8. Iowa One-Call registration is required by State Law and can be
accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit
documentation to the City Engineering Division of One-Call membership when received.
Passed, approved and adopted this
2001.
Attest:
~aren~M.. Chestermam, Deputy ,City Clerk
21st
day of ~ay
~'~~yor
ACCEPTANCE OF ORDINANCE NO. 31 -01
The undersigned having read and being familiar with the terms and conditions
of Ordinance No. 3! ._~_-01, hereby, for themselves, their successors or assigns,
as owners of the abutting property, accept the same and agree to be bound by the
conditions and agreements therein contained to be performed by permittees.
April 29, 2001
Mayor Terry Duggan
City Council Members
I am writing to you regarding the request of the Cathedral Neighborhood Association to
place historic benches in our neighborhood. For the past year our neighborhood
association has been working to develop a plan to beautify our neighborhood. This plan
has included fondraising efforts to purchase street furniture. Our most recent effort has
been to raise money to purchase 4 historic benches in the Cathedral and Cable Car Square
area. This is part ora larger neighborhood plan that will event-ally include benches,
trash cans, trees and historic sidewalks. Recently we received approval fi:om the Historic
Preservation Commission for the placement of the 4 benches mentioned above. I am now
asking for your approval for the placement 6fthese benches.
It is my understanding that the City Counci[, ai the request oftha Historic Preservation
Commission, bas established a ~ommltiee to look at design standards for historic
neighborhoods. I comm~nd the City Council on their support and believe these standards
will go far to improve Dubuque's neighborhoods. However, I understand that this may
take some time to develop these standards and our Association is ready to begin our
improvement program. It is also my understanding that this committee will include 2
representatives from the Historic Preservation Commission, who just approved the design
of our benches. ! believe that it is quite likely that this committee will develop standards
that will include a bench design that looks like the one we intond to purchase for our
neighborhood or will coordinate with our design. Given this, I respectfully request the
City Council approve our bench design and allow our Association to purchase these
benches. Thank you for your consideration and continued support of neighborhoods.
Sincerely,
~L~VICTOR INC.
STANLEY,
~ ~ufat~urets of Qual~ $i~e Furnishings since 1962-
CR- 10 Classic Series Benches
A~trak/q'6-Rail Station
Ft. Lauderdab, Fbrida, U.SA.
OF LIABILITY INSURANCE
o,Co~or & Associates I~sl Age
'p.O. Box ?3?
T~ird & LocUst
Bluff Street Neighborhood Asso
cio Ke~ Krim~ie
15~ Bluff St.,
Dubuque, ZA 52001
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER C:
INSURER D:
INSURER ~:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMFFS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A GENERAL U~BIU3'Y
--]OCCUR [----] CLAIMS MADE
o5/12,/2ooo
05/12/2001
UMITS
Certificate ho/der is listed as an additional insured
CERTIFICATE HOLDER 1 tADD~IONALINSUR~:INSURERLk"~FER:~
CZTFOF DUBUQUE
50 W. 13TH ST.
DD~UE, ZA 52001
CANCELLATION
o ACORD CORPORATION 1988
ACORD 25-S (7197}
Btuff Street Beautification
Proposed Planter Sites
100 200 Feet,
¥
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 17, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Construction Ordinance - Bluff Street Neighborhood Association
The Bluff Street Neighborhood Association is requesting permission to place four
benches in the public right-of-way along Bluff Street from 1st to 4th and on 4th Street west
of Bluff Street. Public Works Director Mike Koch is recommending approval of this
request.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Michael A. Koch, Public Works Director
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 14, 2001
Michael C. Van Milligen, City Manger
Michael A. Koch, Public Works Director
Construction Ordinance - Bluff Street Neighborhood Association
INTRODUCTION
The following is in response to a request from the Bluff Street Neighborhood
Association to place benches within the public right-of-way along Bluff Street and
4th Street.
DISCUSSION
A request has been received from the Bluff Street Neighborhood Association for
placement of benches in the public right-of-way along Bluff Street from 1st to 4th
and on 4th Street west of Bluff. After investigating the requested locations and
considering right-of-way width and sidewalk width, four locations appear to meet
City requirements.
Those locations include 4th Street in front of Cable Car Unique, 471 W. 4th, 454
W. 4th' and the Cathedral of St. Raphael. All proper documentation has been
submitted which includes the completed construction ordinance, a letter of
request from the neighborhood association, a drawing, and a certificate of
insurance.
Other benches will be located on private property utilizing private funding.
RECOMMENDATION
The construction ordinance provides for a revocable permit and further requires
the Bluff Street Neighborhood Association to assume all liability, defend the City,
and hold the City harmless of any claims that may result from the placement of
the benches within the City right-of-way. The cost of the installation of the
benches would be paid for through Community Development Neighborhood
Block Grants.
ACTION TO BE TAKEN
The City Council is requested to approve the recommendation and to adopt the
attached ordinance approving the placement of the benches in the public right-of-
way.
MAK/vjd
Prepared by Jane Smith, Engineering Assistant
cc: Community Development
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
ORDINANCE NO. 31 ~1
AN ORDINANCE AUTHORIZING THE BLUFF STREET
NEIGHBORHOOD ASSOCIATION TO PLACE BENCHES IN THE PUBLIC
RIGHT-OF-WAY ALONG BLUFF STREET AND 4TM STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWa: '
Section 1. That the Bluff Street Neighborhood Association is hereby granted the
revocable permit and authority to construct ahd maintain benches under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction shall be done in accordance with plans
heretofore submitted by permittees and ~pproved by the City Manager, under the
supervision and direction of the City Manager, and in accordance with all applicable state
and federal laws and regulations, and the Ordinances of the City of Dubuque.
Section 3. That the permission herein granted is expressly conditioned on
permittees' agreement to:
Assume any and all liability for damages to persons or property which may
result from the existence, location, installation, construction or maintenance
of said benches; and
Procure and maintain in force during the term of this permit a policy of
liability insurance as set forth in the attached Insurance Schedule; and
Pay on behalf of the City of Dubuque, all sums which the City of Dubuque
shall become obligated to pay by reason of the liability imposed upon the
City of Dubuque for damages of any kind resulting from the location,
installation, existence, construction or maintenance of said benches
sustained by any person or persons, caused by accident or otherwise to
defend at its own expense and on behalf of said City any claim against the
City of Dubuque arising out of the location, installation, existence,
construction or maintenance of benches and to pay reasonable attorney
fees therefor; and
do
Indemnify, defend and hold the City of Dubuque free and harmless from any
and all claims, loss, liability and expense for death and/or injuries to third
persons or damages to property of third persons, or for damage to any
property of the City of Dubuque which may occur as a result of or in
connection with the location, installation, existence, construction,
maintenance and repair of the facility, work or improvement permitted
herein.
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
CO~TY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified,
and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as
such Clerk I have in my possession or have access to the records of the
proceedings of the City Council. I do further state that the hereto attached
Ordinance No. 31-01 is a correct copy of the original Ordinance No. 31-01
approved and adopted by the City Council of the City of Dubuque, Iowa, at a
session held by said Council on the 21't day of May, 2001.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa on this 29~h day of May, 2001.
~.e.ann_..e F.. Schneider
City Clerk
City of Dubuque, Iowa
-{SEAL} ,'
· OFF~-PI~ .ICATION
AN O~D~, AUTHOR-
~T~;T ~CE
~GHT:OF:~ ~ONG
NOW THEREFORE, BE IT
COUNCIL OF THE C~ OF
DU~UE. IOWA: '
revocable ~t ~ ~tho~
O~n~.
S~ian 2. T~t ~ch ~n-
and tbe O~h~es ~ ~e Ci~
~ Qubeque,
~ ~ma~s ~o person~
O~f ~buque ~hall ~me
Ci~ of Dubuque for damages
~ ~ny,~nd resul~ng :from ~e
~ be~s'sus~ined ~ any~
~ 0f~d C~ any claim
a~nat ~e Ci~ of ~u~e
~. )n~emn~, ~fend and ho~
~ of.Du~q~ which
so to
remov{
of fhat o do so the
~ity of Dubuque shall be
authorized fo remove said
benches at permittees' ex-
pense and dispose of the
same. and the permittee shaft
have no claim against ~e Cify
or ~[s ag~ents for damages
, resuflng from the removat of~
' said ~e~ches.
Section 5., That aermitlees
covenant and a~ree that the
revocable permit herein
granted rices nat constitute an
~pproval of .the design, erec-
tion, oca§ofl, ~constAmiton.
~pair or maintenance of sa~
c~ty and said pe~mittees
hereby covenant and agree nat--
fo assert sucq-claim oF de-
fen~e'against the City of Du-
buque'in'the 'event of c a m
asserted 'for de~ h personal
injedes ~nd/or :pro~y dam-
age against the permiffees
arising out of or in any way
connected with the'location.
installation, construct~or,.
design;
and the
; Ci~rk
for Sharon
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIHCATION OF PUBLICATION
I, TAMMY M. FELDM^NN a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify that ~th$ attached notice was published
in said newspaper on the following dates ~/~//~L~/ ~,~ ~
, 20 ~)/ , and for w~ich the/charge is $ ~(~. ~ ~ .
Subscribed to before r~l~, a Notary Public in and for Dubuque County, Iowa,
this ./~z~- day of%~T~__r~..,~e.~ 20
all
~ re~air
;'of the
ha~e no daim against the Ci[y
or i~ -agents for ~amages
I m~ulfing '~rom the removal Of.~
~cliOl~; 5. That permi~tees
CO~e~aht ertl a~ee that the
re~gcable, ;+ ~permit herein
granted dae& not constEute an
and s~id pem~'ttees
f D~-
e to the
and
One-Call"'-
by
' Pas~ed; ~ approved -and
adopted this 21st day of May,
Attes~ Kate,: M.~Cl~estem3an,
Deputy CtY C~e~k:
the
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAMMY M. FELDMANN a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify that the attached notice was published
in said newspaper on the following dates ~/~ZL~/ ~,~ ~'
, 20 O/ , andforw~ichthe/chargeis$ ~.~ .
Subscribed to before n~, a Notary Public in and for Dubuque County, Iowa,
this f~,~ day of~,~e_~ 20 O/.
Notary Pu~ic in an~or Dubuque County,~owa
FEBRUARY 1,2002