Construction Ordinance - Bluff Street PlantersORDINANCE NO. 48-00
AN ORDINANCE AUTHORIZING BLUFF STREET NEIGHBORHOOD
ASSOCIATION TO CONSTRUCT PLANTER PLACEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Bluff Street Neighborhood Association as the owner of the
premises known as 4th, 5th, and Bluff Streets, Dubuque, Iowa, and legally described
as 4th, 5th, and Bluff Streets be and they are hereby granted the revocable permit and
authority to construct and maintain planters 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 expressed 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 planters; 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
planters 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 planters 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 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 planters
and in the event of their failure to do so, the City of Dubuque shall be authorized to
remove said planters 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 planters.
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 the Bluff Street Neighborhood Association 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 5th
day of June
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
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.ACORD'M CERTIFICATE OF LIABILITY INSURANCE
DATE
PRODUCER
1
THIS CERTIFICATE IS ISSUED AS A MATTER 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
O'Connor & Associates Ins. Age
P.O. Box 737
Tbird & Locust
INSURED
BluEf Street Neighborhood ASBO
c/o Ken Kringle
156 Bluff St.,
Dubuque, IA 52001
INSURER A:
INSURER B:
INSURER c:
INSURER 0:
INSURER E:
COVERAGES
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 PArD CLAIMS.
I~f: TYPE OF INSURANCE POLlCY NUMBER POLlCY EFFECTIVE POLICY EXPIRATION LIMITS
A ~ERAL LIABILITY OlCB79222201 05/12/2000 05/12/2001 EACH OCCURRENCE , , nnn nnn
v COMMERCIAL GENERAL LIABILITY FIRE OAMAGE (Anyone fire) , ~n nnn
I CLAIMS MADE GJ OCCUR MED EXP (Anyone personJ ,
PERSONAL &. ADV INJURY , 1.000.000
GENERAL AGGREGATE , '.nnn.oon
~'L AGG~En ~IMIT APFi IPER: PRODUCTS - COMPfOP AGG , '.nnn.nnn
POLlCY PRO- LaC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT ,
ANY AUTO (EaaccidentJ
r--
r-- ALL OWNED AUTOS BODILY INJURY
{Per person) ,
f-- SCHEDULED AUTOS
f-- HIRED AUTOS BODILY INJURY
,
NON-OWNED AUTOS {Per accident)
r--
r-- PROPERTY DAMAGE ,
(Per accident)
RAGE LIABILITY AUTO ONLY. EA ACCIDENT ,
ANY AUTO OTHER THAN EAACC ,
AUTO ONLY: AGG ,
EXCESS LIABILITY EACH OCCURRENCE ,
~~CCUR 0 CLAIMS MADE AGGREGATE ,
,
~ ,DEDUCT'BLE ,
RETENTION , ,
WORKERS COMPENSATION AND 'TYf-~~T~J.~:::. I 10TH.
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT ,
E.L. DISEASE. EA EMPLOYEE ,
E.L. DISEASE - POLICY LIMIT ,
OTHER
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate holder is listed as an add! tional insured
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
. SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEUED BEFORE THE EXPIRATION
CITY OF DUBUQUB DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..1-D- DAYS WRITTEN
50 W. 13TH ST. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
DUBUQUB, IA 52001 IMPOSE NO OBLIGATION OR LiABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
I AUTHORIZED REPRESENTA~... ~.A ~ S1l..C-
ACORD 25.S (7/97)
C ACORD CORPORATION 1988
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 1, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Construction Ordinance--Cable Car/Bluff Street Neighborhood
Association
.
In response to a request from the Cable Car/Bluff Street Neighborhood Association,
Public Works Director Mike Koch is recommending that a revokable permit be
issued to allow for the placement of 50 planters in the public right-of-way along
Bluff Street from 1 st to 5th Street and on 4th Street and 5th Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/dd
Attachment
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cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
May 8, 2000
TO: Michael C. Van Milligen, City Manager
FROM:
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Michael A. Koch, Public Works Director
SUBJECT: Construction Ordinance - Cable Car/Bluff Street Neighborhood
Association
INTRODUCTION
The following is in response to a request from the Cable Car/Bluff Street Neighborhood
Association to place planters within the public right-of-way along Bluff Street from 1 st
Street to 5th Street.
DISCUSSION
A request has been received from the Bluff Street Neighborhood Beautification
Committee for placement of 50 planters in the public right-of-way along Bluff Street
from 1 st to 5th Street and on the 5th and 4th Street elevator areas. The size of the
planters is 1 -1/2' wide and 4' in height. A photo of the planter is attached for your
review. All proper documentation has been submitted which includes the completed
construction ordinance, a letter of request from the Cable Car/Bluff Street
Neighborhood Beautification Committee, a drawing and a certificate of insurance.
RECOMMENDATION
The construction ordinance provides for a revokable permit and further requires the
Cable Car Square Association to assume all liability, defend the City, and hold the City
harmless of any claims which may result from the placement of the planters within the
City right-of-way.
ACTION TO BE TAKEN
The City Council is requested to approve the recommendation and to adopt the
attached ordinance approving the placement of the planters in the public right-of-way.
MAK/vjd
Prepared by Jane Smith, Engineering Assistant
cc: Community Development
.
.
.
ACCEPTANCE OF ORDINANCE NO. 48-00
I (We), the undersigned having read and being familiar with the terns and
conditions of Ordinance No. 48-00, 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.
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Title. _._. _ __~.. ~.. "
Date' .? 15-,/ .;( t' oC';;
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Prepared by: Mike Koch, Public Works Director Address: City Hall
/
Telephone: 589-4270
ORDINANCE NO. 48-00
AN ORDINANCE AUTHORIZING BLUFF STREET NEIGHBORHOOD
ASSOCIATION TO CONSTRUCT PLANTER PLACEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Bluff Street Neighborhood Association as the owner of the
premises known as 4'", 5'", and Bluff Streets, Dubuque, Iowa, and legally described
as 4th, 5th, and Bluff Streets be and they are hereby granted the revocable permit and
authority to construct and maintain planters 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 expressed 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 planters; 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
planters 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 planters 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.
.
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