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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 . /0 .'77 -iY..;:'4J }//i'&/tJ7 () Jlt1:r~tt 5 t::.:Z;//O/ /~/> (.a/<'.t; i4( /hg -/'.7;yj /2/.(.'M: i/~~C'z-/h"cc;#e~~"7? t@ /' -. y' {//;i/?(,,7zz/ /h ,L~V.c.17 /?Z;#?0.::Lt'7t ;z:3 /~4CL ;/4Nt/ AYii /t;''??l //d f./~ .6 F /I' ,~. C/ Md ! fifi:7V.du/ q c//~/ /-l?2r /l>r-' au L~~- / )/ a:;/!/~unw 7 J-1-1 /..-kCd4 p7~ a..t.L /k /-L/.&~ (Nul 104 ;f.d- -I;; ~/t// /J Jb<~j;. . .' ~ /;~~ ,- fi&J~d ~.JMC' - . . . , . /k~ /~ /1/# P-ad" a/- Zk C~4J:r /~" aff chW Pe /4zcd ~ ~4fj ~ ~ .L~ ~. F d /:/ud and / cP-a~ /~ ~ ac-e4lY ~ ~~_ ~# :f ~ //..au ad7~ -# / ~;1~ ff /~ ~ ft ~ -# az~ cau ~42AR A~do/ ~zziLu- ~U:f' ~ ~?&d c::!.- ,#~ b~~c:t!~~, . M:r' f cUU. ~ v>>~ue/~,. ff-3 /) . !~~ . .~j . . . . I .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 0 0 u r~j '..c- L_ ::0 ~.:-= ~,;-:: ,Tl C) . c' n (I) -f.}: -==' C) :,~ -- . rn ;> -n .c- (~-j - 0 (D (,) w cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Mike Koch, Public Works Director '. ? e e Ie -~ ~ CITY OF DUBUQUE, IOWA MEMORANDUM May 8, 2000 TO: Michael C. Van Milligen, City Manager FROM: I),) , ,<-)",' ,. nd;!!zL 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. ,1,/ //. .... By: /,c, . qf/d{J'// -- .' ~ . . /'/4;:,,-(,"1(1 /,14(/ ./C;'n/ /~Jt/U~h': 'C.d' "<jdj~~- . Title. _._. _ __~.. ~.. " Date' .? 15-,/ .;( t' oC';; I .' " . . . . , ,,'.., "'1 1 }~,w \b,\~"- \,'-'-IJt,N 65~~-OO 2DDO JUH \ 3 M1 to: 33 (' :.,-,,' .". "'~I\: T;",'"i;:~;~O'j~ ~,J..I,Ttll rl_~ :~'.,:('e;I,:'i";'R 1~f;l.IbilY :\t.vl~'_,.~u_lc""e 0 Q'~I\OQUE co" 10 "A r 1) ID 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. 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