2206 Central Ave Sign ProjectPrepared by: Laura Carstens. CItY Planner
Address: 50 W. 13th St.. CItY Hall
Telephone: 5894210
ORDINANCE NO. 35-00
AN ORDINANCE AUTHORIZING THE FISCHER COMPANIES TO
CONSTRUCT A PROJECTING SIGN AT 2206 CENTRAL
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Fischer Companies, as the owner of the premises known as
2206 Central Avenue, Dubuque, Iowa, and legally described as Lot 2B of LH.
Langworthy's Addition, 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
.
.
.
. .
Ordinance No.
April 13, 2000
Page 2
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 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 sign 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 17th day of April ,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 35-00
I (We), the undersigned having read and being familiar with the terms and
conditions of Ordinance No. 35 -00, 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.
Ronald Helbng
4-5-2000
.
.
.
INSURANCE SCHEDULE
1.
Any policy of insurance or certificate of insurance required hereunder shall be
with a carrier authorized to do business in Iowa and a carrier that has received
a rating of A or better in the current Best's Rating Guide.
2.
Any policy of insurance required hereunder shall provide for a thirty-day notice
to the City of any material change or cancellation of the policy prior to its
expiration date.
3.
The Fischer Companies shall have its insurance agent or company certify in
writing that any policy of insurance required herein with an aggregate limit of
liability has not been reduced by paid or reserved claims at the time of issuance
of policy or certificate.
4.
The Fi scher Compani es shall furnish copies of the following policies to the City,
with limits not less than the following, or greater if required by law, and shall
also furnish certificates of insurance from all independent contractors or
subcontractors hired by Thp Fi <rhpr rn or any independent contractor or
subcontractor hired by the independent contractor or subcontractor, which
certificates shall provide evidence of coverage for limits not less than the
following, or greater if required by law:
COMMERCIAL GENERAL LIABILITY;
General Aggregate Limit $2,000,000
Products-Completed Operation Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (anyone occurrence) $ 50,000
Medical Payments $ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
$ 5,000
Coverage is to include: occurrence form, premises/operations/products/
completed operations coverage, independent contractors' coverage, contractual
liability, broad form property damage, personal injury, City of Dubuque named
as an additional insured with 30 days written notice of change or cancellation.
A CORDN
PRbDUCER (j 19) 5 56-0272
RlED"A,' IN5UR^,CE-BC,
202 FISCHER BLDG.
.0 SOX 759
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
LòC,L'E. IA \2004
Attn:
INSURED
Fischer' Company Inc
POBo,267
Dubuque. IA 52004-0267
Ex!:
COMPANY
A
Cincinnati Insurance Companies
COMPANY
B
COMPANY
C
COMPANY
D
THIS IS
":i';;' TeD. NOn\ ITHST ANm'G ANY REQUIREMENT, TERM OR CONCmo" OF ANY CONTRACT OR OTHER DOCUME>JT WITH RESRECT TO WHICH THIS
C",TIFIC,HE 'lAY B" ISSUED OR ,lAY RERTAIN, THE INSURANCE AFFORDED BY THE ROLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,
E\èLUSIONS AND CONDITIONS OF SUCH ROLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY RAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMlDDIYY] DATE (MMlDDIYY)
LIMITS
GENERAL LIABILITY
X eOM"'ReIAL GENERAL LIABILITY
CLAIMS'IADE . X . OCCUR
.. CAP5433607
OWNER'S & CONTRACTOR'S PROT
08/01/1999
GENERAL AGGREGATE S
.. ,...........,...... """"""""
PRODUCTS. COMPIOP AGG S
. PERSONAL& ADV INJURY S
08/01/2000 EACH OCCURRENCE
AUTOMOBILE LIABILITY
""UTa
FIRE DAMAGE IAoyoo, "') S
'. '.. .
MEDEXPIAnyooep",oo) $
...2,000,000
1,000.000
1,000,000
1,000,000
100,000
5,000
COMBINED SINGLE LIMIT
<LL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
IP"pe~oo)
H<RED AUTOS
NDN.OWNED 'UTOS
BODILY INJURY
IPee ""'eol)
PROPERTY DAMAGE
GARAGE LIABILITY
AN"'"Te'
AUTOONLY.EAACCIDENT S
I to, PRDPRIETDR
PARTNERSE\ECUTi"E
<'F""'RS ARE
"HiER
INCL
ExCL
EACH ACCIDENT S
EXCESS LIABILITY
UMSRELl' FORM
OHlER THAN UMORELL' FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
EL DISEASE. EA EMPLOYEE S
DeSCRIPTiON OF PERATiON'¡'LOCATiONSNEHICLE'¡'SPECIAL ITEMS
'L")lFlL"fE "OLDER TO BE LISTED AS ADDITIONAL INSURED FOR GENERAL LIABILITY,
LIrV OF DUBUQUE
LIT\' ".ILL
111111(1(¡(I(. [A 5 ,UO I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
....ll.- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPoSE NO OBLIGATION OR LIABILITY
ACOHD 2'.S (119'1
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APPLIANCE
& FURNITURE
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CITY OF DUBUQUE, IOWA
MEMORANDUM
April 13, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Right-of-way Encroachment--Projecting Sign at 2206 Central
Avenue
.
Planning Services Manager Laura Carstens is recommending approval of a request
for a sign on the building at 2206 Central Avenue to project 58 inches into the
public right-of-way.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
.
.
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 6, 2000
TO:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager~
FROM:
SUBJECT: Right-of-Way Encroachment - Projecting Sign at 2206 Central Avenue
The Fischer Companies has requested City Council approval to install a sign on their
building at 2206 Central Avenue. Appliance and Furniture Rentall would like to install a
projecting sign for their business at this address. A sketch of the sign is attached. It
would encroach 58 inches into the public right-of-way. 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 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. The Fischer Companies 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 the Fischer Companies 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 Safety Department Manager
Michael A. Koch, Public Works Director
8
STATE OF IOWA
DUBUQUE COUNTY
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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 ~the attached notice was puhlished
in said newspaper on the following dates Or, I cJ.. /
I ~~ {
, 20 ~ , and for which the charge is $ ..0- -, G" .
f,
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Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
thi~ day of ~- 'þ' 20£e.... .
~£%.._-~ç A.J
Notary Pu Ie in and for Dubuque County, Iowa
á'~'.'^<"/MARY K. WESTERMEYER
~~, MYCOMMISSIONEXRIRES
,;;" FE8RUARY1,2002 i
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Prepared by: Laura Carstens. CItY Planner
Address: 50 W. 13th St.. CItY Hall
ORDINANCE NO. 35-00
AN ORDINANCE AUTHORIZING THE FISCHER COMPANIES TO
CONSTRUCT A PROJECTING SIGN AT 2206 CENTRAL
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Fischer Companies, as the owner of the premises known as
2206 Central Avenue, Dubuque, Iowa, and legally described as Lot 2B of LH.
Langworthy's Addition, 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
Ordinance No.
April 13, 2000
Page 2
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 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 sign 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
17th
day of
Apri 1
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.,. ,
. --
.
.
.
ACCEPTANCE OF ORDINANCE NO. ~-OO
I (We), the undersigned having read and being familiar with the terms and
conditions of Ordinance No. 35 -00, 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.
B~~
Title: - ~
Dated: L/ - S- ;;t)tJO
.,...." .
.
.
.
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 35-00 is a correct copy of the original
Ordinance No. 35-00 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 17th 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 18th day of April, 2000.
Jeanne F. Schneider
{/ City Clerk
City of Dubuque, Iowa
.(SEAL)
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