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Behr's Funeral H. - Constr. OrdCITY OF DUBUQUE, IOWA MEMORANDUM July 9, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Construction Ordinance - Behr's Funeral Home In response to a request from Behr's Funeral Home for the placement of ornamental lighting and trees within the public right-of-way, Public Works Director Mike Koch recommends approving the construction and installation of the lighting fixtures. 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 Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM July 9, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Construction Ordinance - Behr's Funeral Home INTRODUCTION This is in response to a July 5, 2001 request from Behr's Funeral Home for the placement of ornamental lighting and trees within the public right-of-way. DISCUSSION Behr's Funeral Home is in the process of extensive exterior refurbishing of its building at 1491 Main and is requesting consideration of placement of new streetlight fixtures around the building. A total of four new city standard Lumec poles are proposed, with two on Main Street and two on 15th Street. The new poles would match the light fixtures currently on Bluff, 4th and 8th Streets. The existing City fixture at the southwest corner of 15th and Main would be eliminated, but intersection lighting would be provided by one of the new poles. Behr's Funeral Home will be financially responsible for the purchase and the installation of all four lights. The improvement plans of Behr's Funeral Home also includes the planting of trees along 15th Street. Behr's Funeral Home and the City Forester are working together on species, sizes and placement of the requested trees. The proposed plantings will be reviewed and approved by the City Forester. All proper documentation has been submitted, which includes the completed construction ordinance, letter of request, drawings and certificate of insurance naming the City as additional insured. The Engineering Division has approved the lighting plans. RECOMMENDATION The construction ordinance provides for a revocable permit and further requires Behr's Funeral Home to assume all liability, defend the City, and hold the City harmless of any claims that may result from the construction and installation of the new lighting fixtures within the City right-of-way. Should additional higher intensity lighting be required to fully light the intersection, the City would install an additional light at the northwest corner of 1 5th and Main Street. ACTION TO BE TAKEN The City Council is requested to approve the recommendation and to adopt the attached ordinance approving the construction and installation of the lighting fixtures in public right-of-way. MAK/vjd Prepared by Jane Smith, Engineering Assistant SITE LOCATION MAP NOT TO SCALE NORTH PURPOSE: Behr Funeral Home VICINITY MAP Showing the Spirit Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001 4864 ORDINANCE NO. 47-01 AN ORDINANCE AUTHORIZING BEHR'S FUNERAL HOME TO CONSTRUCT AND MAINTAIN FOUR (4) STREETLIGHTS AT 1491 MAIN STREET, DUBUQUE, IOWA NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Kathleen A. Conlon as the owner of the premises known as Behr's Funeral Home, and legally described as Lot 470A, City of Dubuque, Dubuque County, Iowa, be and they are hereby granted the revocable permit and authority to construct and maintain four streetlights 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.' aN Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said streetlights; and Procure and maintain in force during the term of this permit a poticy 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 streetlights 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 streetlights 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 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 canopy and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said streetlights at permittees' expense and dispose of the same, and the permittees shall have no claim against the City or its agents for damages resulting from the removal of said streetlights. 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 Kathleen A. Conlon 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 16th day of July, 2001. 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 47-01 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 47-01, 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. By: /s/ Kathleen A. Conlon Title: Owner Dated: July 5, 2001 To: Recorder's 7/18/01 Published 7/20/01 Kathleen A. Conlon Kevin J, Conlon Carol L. DeFiore Thomas J. Oberreuter FUNERAL DIRECTORS July 5, 2001 P.O. BOX 3009 1491 MAIN STREET - 563-582-3297 FAX - 563-582-2273 DUBUQUE, IOWA 52004-3009 Engineering Division City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 Attn: Jane Smith & David Ness Behr's Funeral Home requests the consideration of the Mayor and Dubuque City Council to allow the Funeral Home to install new streetlight fixtures around our building located at 1491 Main Street. We request permission to remove a wood utility pole containing an intersection light at the comer of 15th and Main Streets and replace said pole with the new city standard Lumec pole found on Bluff, 4th, and 8th Streets. The Funeral Home also requests permission to install three (3) more matching light fixtures along 15th and Main Streets for a total of four (4) new fixtures. We believe the fixtures would benefit our patrons as well as add to our Jackson Park Historic District. Please find attached a drawing of the Funeral Home containing current and proposed fixture locations. Friedman Insurance will forward a copy of the requested insurance schedule directly to the City. If there are any questions, or you are in need of any additional information please call me directly at Behr's, 582-3297. Thank you for your consideration, Kevin J. Conlon ACORD. CERTIFICATE OF LIABILITY INSURANCE EATEIMM B 07/05/2001 FAX (319) 556-4425 PRODUCER C319)556-0272 FRIEDMAN INSURANCE 1NC, 202 FISCHER BLDG. P,O, BOX 759 DUBUQUE, TJ~ 52004 INSURED Behr's Funeral Home Behr's Znc P O Box 3009 Dubuque, ZA 52004-3009 THIS CERTIFICATE IS ISSUED AS A MAi i Me[ 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 INSURERA: West Bend Mutual Tnsurance Co INSURER B: INSURER C: INSURER D: I INSURER E: ;OVERAGES 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.  ! POLICY t;l-t-~, ~v'E DATE (MMtDD/YY) LIMITS LTR TYPE OF INSURANCE POLICY NUMBER GENERALLLABILI'FY~BAI010566113 12/01/2000 12/01/2001 EACH OCCURRENCE $ 500,OOu COMMERCIAL GENERAL LIAB L TY FIRE DAMAGE (Any one fire) $ 100 · 000 ] CLAIMS MADE ~1 OCCUR MED EXP (Any one pelso.) $ 5,000 A PERSONAL & ADV INJURY $ 500,00(] GENERAL AGGREGATE $ 1,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS * COMP/OP AGG $ [, 000 AUTOMOBILE UABIMTY CPI010566212 12/01/2000 12/01/2001 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 500,00~ A EXCE8~ LIAB[LYfY :PTO 1056612 EACN OCCUREE~CE $ 2,000,00( X~ OCCUR ~-[ CLAIMS MADE AGGREGATE $ 2,000,00( $ WORKERSCOMPENSATIONAND ~1CT010566313 12/0'1/2000 12/01/2001 X ITORYL'M SI' A E.L. DISEASE- EA EMPLOYEE~ $ 100,00( E.L DiSE/LSE - POLICY LIMITI $ 500,00( DESCRiPTiON OF OPERATIONS~LOCATIONSNEHICLE~EXC LUSIO NS ADDED SY ENDORSEMENT/SPECIAL PROVISIONS Jnder General Liability, The City of Dubuque is listed as additional insured. CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTEP~ ~ CANCELLATION SHOULD ANY OF THE A~OVE DESCRiBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY City of Dubuque OFANYK/NDUPONTBECOMPAN /~ a~EPREBENTATIVES'~i~l~ 1300 Main St. Dubuque, T~i 52001 AUTHORiZED REPRESENTAT~E Robert Miller ©ACORD CORPORATION t98B ACORD 29-S (7~97) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) Eno~neering Di~Sslon 50 West 13th Street Dubuque, Iowa 520014864 (319) 5894270 (319) 5894149 FAX TO: Any Interested Party for Construction in Public Right-of-Way FROM: Jane Smith, Engineering Division RE: Construction Ordinance for Public Right-of-way Enclosed is a construction ordinance which would need to be completed and submitted to the Mayor and City Council for approval. Other items tha._t need to be submitted along with the construction ordinance is a~ertificate of Insurance naming the City of Dubuque as "additionally insured", a letter of request describing the project, map showing location, diagram, dime/~ions and details of proposed constructed items in the public right-of-way. Once the requested material has been received by the City Engineering Division and all appropriate departments, as needed, have reviewed the project it will then be forwarded for City Council action. The City Council meets the first and third Mondays of the month and the material is needed at least 1-1/2 weeks prior to the Council meeting. If you have any questions or need clarification on what is needed please contact me. Enc. Service People Integrity Responsibility Innovation Teamwork ORDINANCE NO. -01 AN ORDINANCE AUTHORIZING CONSTRUCT -TO NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ~'A'~'~'~A'('~°l~l"°tJ as the owner of the premises known as "~E~.L5 I~u~m£A~. t-~o~4, t~ Dubuque, Iowa, and legally described as be and they are hereby granted the revocable permit and authority to construct and maintain · z./ ~1'I~.~'7..J&H'I'$ 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 ~.J~bb~__; 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 Lj~lr'~ 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 /~, ~'r_~ 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 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 and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said Li~,/-~"r'& 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 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 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. day of Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. .-01 The undersigned having read and being familiar with the terms and conditions of Ordinance No. -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. Title: Dated: