Proof of Publication ORD #112-99 Authorizing the Dubuque Rescue Mission to Construct A Projecting Awning Signers of the premises known as
398 Main Street, Dubuque,
Iowa, and legally described as
N44.3' of C. L. 12, be and they
are hereby granted the revoca-
ble permit and` authority to
construct and maintain a pro-
jecting awning sign under the
terms and conditions set forth
in this Ordinance.
Section 2. That such con-
struction shall be done in
accordance with plans hereto-
fore submitted by permittees
and approved by the City
Manager, under the supervi-
sion 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 permis-
sion herein granted is express-
ly conditioned on Permittees'
agreement to:
a. Assume any and all liability
for damages to persons or
property which may result
from the existence, location,
installation, construction or
maintenance of said awning
sign ; and
b. Procure and maintain in
force during the term of this
permit a policy of liability insur-
ance as set forth in the
attached Insurance Schedule;
and
c. 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, exis-
tence, construction or mainte-
nance of said awning sign s 1s-
tained by any person or per-
sons, 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, exis-
tence, construction or mainte-
nance of awning sign and to
pay reasonable attorney fees
therefor; and
d. 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,
construction, maintenance
and repair of the facility, work
or improvement permitted
herein.
Section 4. That the permis-
sion herein granted is express-
ly conditioned upon permit -
tees' further agreement that
should the right and privilege
herein granted be rescinded or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
awning sign and in the event
of their failure to do so, the
City of Dubuque shall be
authorized to remove said
awning sign 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 awning sign.
Section 5. That permittees
covenant and agree that the
revocable permit herein grant-
ed does not constitute an
approval of the design, erec-
tion, 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 dam-
age against the permittees
arising out of or in any way
connected with the location,
installation, construction,
design, repair and mainte-
nance of the facility herein per-
mitted.
Section 6. This Ordinance
shall become effective and the
rights hereunder accrue to The
Dubuque Rescue Mission
when this Ordinance has been
adopted by the City Council
and the terms and conditions
thereof accepted by permit-
tees 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 ordi-
nance in the Office of the
Recorder in and for Dubuque
County, Iowa.
Passed, approved and
adopted this 20th day of
December, 1999.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 112-99
The undersigned having read
and being familiar with the
terms and conditions of
Ordinance No. 112-99, hereby,
for themselves, their succes-
sors 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 permit -
tees.
By: The Dubuque
Rescue Mission
/s/Murray E. Phillips
Title: Executive Director
Dated: 12-6-99
Published officially in the
Telegraph Herald newspaper
this 30th day of December,
1999.
Mary A. Davis CMC, City
Clerk
1 t 12/30
1)-1 j iqq r
OIL.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Kathy Hefe1, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald, a newspaper of general circu-
lation 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 I9ec" emb-er 30
, 19 `7`l , and for which the
charge is $
33,
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this .' l ` day 19 ?2
� r �
Notary Public in and for Dubuque Count; Iowa
a,`i.ltis" e. WESTERME`+ER
MY COMMISSION EXPIRES
FEBRUARY 1, 2002
(OFFICIAL PUBLICATION)
ORDINANCE NO. 112-99
AN ORDINANCE AUTHO-
RIZING THE DUBUQUE
RESCUE MISSION TO CON-
STRUCT A PROJECTING
AWNING SIGN.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Dubuque
Rescue Mission, as the own-
ers of the premises known as
398 Main Street, Dubuque,
Iowa, and legally described as
N44.3' of C. L. 12, be and they
are hereby granted the revoca-
ble permit and authority to
construct and maintain a pro-
jecting awning sign under the
terms and conditions set forth
in this Ordinance.
Section 2. That such con-
struction shall be done in
accordance with plans hereto-
fore submitted by permittees
and approved by the City
Manager, under the supervi-
sion 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 permis-
sion herein granted is express-
ly conditioned on Permittees'
agreement to:
a. Assume any and all liability
for damages to persons or
property which may result
from the existence, location,
installation, construction or
maintenance of said awning
sign ; and
b. Procure and maintain in
force during the term of this
permit a policy of liability insur-
ance as set forth in the
attached Insurance Schedule;
and
c. 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, exis-
tence, construction or mainte-
nance of said awning sign stJs-
tained by any person or per-
sons, caused by accidentror
otherwise to defend at its (Akin •
expense and on behalf of said
City any claim against the City
of Dubuque arising out of the
location, installation, exis-
tence, construction or mainte-
nance of awning sign and to
pay reasonable attorney fees
therefor; and
d. 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,
construction, maintenance
and repair of the facility, work
or improvement permitted
herein.
Section 4. That the permis-
sion herein granted is express-
ly conditioned upon permit -
tees' further agreement that
should the right and privilege
herein granted 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
awning sign and in the event
of their failure to do so, the
City of Dubuque shall be
authorized to remove said
awning sign 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 awning sign.
Section 5. That permittees
covenant and agree that the
revocable permit herein grant-
ed does not constitute an
approval of the design, erec-
tion, 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 dam-
age against the permittees
arising out of or in any way
connected with the location,
installation, construction,
design, repair and mainte-
nance of the facility herein per-
mitted.
Section 6. This Ordinance
111/ IGg9
Arc- - -kb r
OV.z-1 Ia "qiq
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
, r F Z ,, 1
I, Kathy Hefel, a illing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald, a newspaper of general circu-
lation 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