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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 ../ ~ APPLIANCE & FURNITURE . ,-,-7 :J ~t 7"¡J --7 pf"NI'. 583-856 I/\c'jo iN " \ 5,"... '.,.')!.,{Lt ,~ THREE LINES OF 4 INCH MESSAGE LETTERS . Q . "5\ '"~ ~W x '="H ~b\~ ~ S,~ . c.w b I ~ ~ ~Cù ~ + -tt> b;,c.k.. . -....... ðð ,V.-. :s-.--~ O\~ ',+- lI.P- A ~ ,~ ~ '2. 'j~ ~C. ~ . :.. U-..e... ~.-.- c.\r.o.... I ~ 'jt\.~ . ~~ . , J)" \ ~ ~...,& -S..~\~ð\I+ ~",\~.A. "" Þ ~6" ~ p~t,~ ~\b t<.O.VJ. . .-.------- "' ,', ' . 1 1 lJ & .2 N 4 0 --..- ¡ ..---." "".n .~"...--.z:. . "..~:=; \0' ",.'" .bo' 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 0.". ~ 1i\~'ìt> ~)~~t- C)... -<I 'í,° GO ~ II), ~~ Ç! "'Ó ~¡:.c>\ 'b\ ~ { 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 ~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, , -r '..A ! (;.f.L fU~ " ~ j '-- 0 f, éU7J~ 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 > ~ :> ~ ~ C'> ~ .3 ~ ~ v' '" <.., - ... c; % ? ~ ~ ?' . . ..... ~ rJJ ÇI) ~ ~ '. oQ~â ~o ~. ~-~ ~ ÇI) ..., . k cr P-"d P Q 11& ~~.~~ CJ .... p- -~ - -- .?¿' 0 rJJ. -'~L""ß:';I[.\%þ. .... -~'iI>?¿Î>:g";;1\'%-o-o'ß1,%~'§'-o W'r8-~ ,'i5"ó7-ç,~ o'¡;"'~<¡;5<¡; L' "~;,'i~"'7'§O.P,<¡;""iI>~~'!,¡J 0 ø 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) ~ ~~ ~ N ~ ...., ,- - g ¿~n~~ "'" 2~~ ;g ;:;::c; CD ~§~~ ~ ~~[ ~ ¡;; :.: \D -, -......-- "'"i:. "'--- .c-->-I"í .-'.. -;¡ 'i I ¡-l L ì ,¡:a. 0 en ~ 8