365 Main St. Projecting SignORDINANCE NO. 32-00
AN ORDINANCE AUTHORIZING FIEGEN & BISENIUS, INC. TO
CONSTRUCT A PROJECTING SIGN AT 365 MAIN STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Charles Fiegen, as the owner of the premises known as 365 Main
Street, Dubuque, Iowa, and legally described as 365 Main, S. 20' of C.L 69 & C.L. 70, be
and they are hereby granted the revocable permit and authority to construct and maintain
a sign 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:
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 sign; and
b,
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
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, existence, construction or maintenance of said sign 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 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, 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rescinded or revoked by the City Council, permittees, or their successors in interest, as
1
. .
.
.
.
. .
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 sign, and in the event
of their failure to do so, the City of Dubuque shall be authorized to remove said 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 sign.
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 Fiegen & Bisenius, Inc. 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.
Passed, approved and adopted this 3rd
Apri 1
day of
,2000.
Attest:
// J
(~~/þ ~5~~~J
eanne F. Schneider, City Clerk
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ACCEPTANCE OF ORDINANCE NO. --1L- -00
I (We), the undersigned having read and being famHiar with the terms and
conditions of Ordinance No. ~? -00, hervby, for themselves. their successors or
assigns, as owners of the abutting property, accept the same and agree to be bound by
the condition$ and agreements therein contained to be perfQrmed by permittees.
By:
Title:
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"3(22-10 ó
Dated:
.
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Received, 3/24/ a B, 32; 31 95B91 945 - > CITY OF DUBUQUE; Page 2
M(¡!!.-24-00 F,RI 9:24 DB&T INSURANCE FAX NO, 3195891945
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CANCELLATION
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DATE THE.EOF, THE ..'UING INS""'. WO'-L eNDEAVOR TO MAIL ~ DAYS W"'TTEN
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CITY OF DUBUQUE, IOWA
MEMORANDUM
March 29. 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C, Van Milligen, City Manager
SUBJECT:
Right-of-way Encroachment - Projecting Sign at 365 Main Street
In response to a request from Charles Fiegen. Planning Services Manager Laura
Carstens is recommending adoption of an ordinance authorizing the installation of a
sign in the public right-of-way at 365 Main Street.
.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(Y1{L! f;J¡~l
Miéhael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens. Planning Services Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
March 24, 2000
TO:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
FROM:
SUBJECT: Right-of-Way Encroachment - Projecting Sign at 365 Main Street
Charles Fiegen, Fiegen & Bisenius, Inc., has requested City Council approval to install
a sign for State Beauty Supply on his building at 365 Main Street. It would encroach 55
inches into the public right-of-way. A sketch of the sign is attached. The business is
zoned C-4 Downtown Commercial, which allows for signs to project up to 60 inches into
the public right-of-way. The building is located in the Old Main Historic District. The
Historic Preservation Commission has reviewed and approved the sign's design.
The construction drawings have been reviewed and approved by the Building Safety
Department as to the type of material, method of construction and vertical clearance.
The request has been reviewed and approved by the Planning Services Department for
conformance to zoning regulations for signs. Mr. Fiegen also has provided the required
insurance and acceptance forms, which are attached.
Since the requested encroachment does not impede the City's use of the right-of-way
or sidewalk, I would recommend approval of the request. The attached ordinance
provides for a revokable permit and further requires Charles Fiegen, Fiegen & Bisenius,
Inc. to assume all liability, defend the City, and hold the City harmless of any claims
which may result from the installation of the sign within the City right-of-way.
The City Council is requested to adopt the attached ordinance authorizing the
installation of the sign in the public right-of-way.
LC/mkr
Attachments
cc:
Rich Russell, Building Services Manager
Michael A. Koch, Public Works Director
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Prepared by: Laura Carstens, City Planner Address: City Hall - 50 W, 13th, Telephone: 589-4210
-
ORDINANCE NO.
32
-00
AN ORDINANCE AUTHORIZING FIEGEN & BISENIUS, INC. TO
CONSTRUCT A PROJECTING SIGN AT 366 MAIN STREET
NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That Charles Fiegen. as the owner of the premises known as 365 Main
Street, Dubuque, Iowa. and legally described as 365 Main, S. 20' of C.L 69 & C.L. 70, be
and they are hereby granted the revocable permit and authority to construct and maintain
a sign 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:
a.
.
b.
Assume any and all liability for damages to persons or property which may
result from the existence. location. installation, construction or maintenance
of said sign; 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
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, existence, construction or maintenance of said sign 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 sign and to pay reasonable attomey 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.
d.
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 sign, and in the event
of their failure to do so, the City of Dubuque shall be authorized to remove said 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 sign.
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 Fiegen & Bisenius, Inc. 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.
Passed, approved and adopted this 3rd
April
,2000.
day of
Attest:
2
.
.
.
. .
ACCEPTANCE OF ORDINANCE NO. --1L- -00
I (We), the undersigned having read and being famHiar with the terms and
conditions of Ordinance No. <? -00, hervby, for themselVes. their suoœssors or
assigns, as owners of the abutting property, accept the same and agree to be bound by
the condition$ and agreements therein contained to be perfQm1ed by permittees.
By:
Title:
Dated:
~/r
"3(22-10 ó
.
.
.
..
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CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY 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. 32-00 is a correct copy of the original
Ordinance No 32-00 approved and adopted by the City Council of the City of
Dubuque. Iowa, at a session held by said Council on the 3rd day of April.
2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque. Iowa.
Dated at Dubuque, Iowa this 4th day of April, 2000.
Of
( a '7 ;Ü: /-T;;~~ -,,-£2.-/
Jeanne F. Schneider
City Clerk
City of Dubuque. Iowa
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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 Apr'l I
, 20...a:1.-, and for which the charge is $ :5 3 ' Y 7
k1 .AA l~i~~
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /&-éÁ day of ~"F 20~.
~
bè
and 89-,"'111- con-
tainðcj to be pertorined by ""'-
, mitt....
I ~:
,Publlohed the
, ~":¥=Y'::fAoril.~~gape,
Jeanne F. Schneide,.
City Clerk
Ct
o'Z'.,r¡;;AHi'K. WESTERMEYER
~~' MY COMMISSION EXPIRES
'0';'-' FEBRUAAY 1. 2002
11417