113 Main Street Right-of-Way Enroachment
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Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St. City Hall Telephone: 589-4210
ORDINANCE NO. 51-00
AN ORDINANCE AUTHORIZING INSIDE DECOR TO CONSTRUCT A
PROJECTING SIGN AT 113 MAIN ST.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Bill Barrick and Tony Kemp, as the owners of the premises known
as 101-123 Main Street, Dubuque, Iowa, and legally described as C.L. 80 be and they are
hereby granted the revocable permit and authority to construct and maintain a projecting
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. 51-00
June 21,2000
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 Bill Barrick and Tony Kemp 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 19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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~; " ,-, I ..,~;~_t.1 r.._J;"..'__,'/
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t'~;.::./:'a.fO.l~ ~C"
itGIDE: [IEee;:
ACCEPTANCE OF ORDINANCE NO. 51 ~o
h.'e.
PAr;€, -:..:
I (We) lhe undersIgned hal/mg read and being familiar with the terma and
conditions ot Ordmance No. 51 -00. hereby, for themsell/es, their IUCCessOrs or
assigns, a~ O'Nners of the abutting property, accept the same and agre. to be bound by
tne condltio!'s F.e agreements therein contained to be performed by permittees.
Dated.
.'::;-2- 5- (90
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CITY OF DUBUQUE, IOWA
MEMORANDUM
June 14, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Right-of-way Encroachment--Projecting Sign at 113 Main Street
.
Planning Services Manager Laura Carstens is recommending the adoption of an
ordinance authorizing the installation of a sign at the business, Inside Decor, 113
Main Street in the public right-of-way. The sign would be mounted above the front
door. The business is zoned C-4 Downtown Commercial, which allows for signs to
project up to 60 inches into the public right-of-way.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi
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
June 1, 2000
TO:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
FROM:
SUBJECT: Right-of-Way Encroachment - Projecting Sign at 113 Main Street
Tony Kemp and Bill Barrick have requested City Council approval to install a projecting
sign for their building at 101-123 Main Street. It would encroach 52 inches into the
public right-of-way. Mr. Kemp and Mr. Barrick would like to install a sign for the
business, Inside Decor. The sign would be mounted above the front door. 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 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. Tony Kemp and Bill Barrick also have
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 Tony Kemp and Bill Barrick 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
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05/ '2E,/ '401::'10 ::""2:: 5
:~: 57""776: 00
:t~N A'" :R:~3H HOLLOW
PAGE 05
tl.c:li ::5.. '~'Cq).) 1 ~ ':""
l~.~:DE [rECCF
PAGE. i"~
INSURANce SCHEDULE
t.
Anv pc ':VI' InsuranCe or certifiCllte of insurance required herl/under Ihall be
WI'1'I " . ,.,. '" authoflzed to do business in low8 end a carrier that has received
a flllin,,' :, '" better In the curre,,' Best's Rating Guide,
2. Any po' ':v ..' "1$urence reQ\lireo hereunder shall provida for a thirty-day notice
to ",e '.,' I ~f eny materiel chan~e or cancellation of the policy prior to Its
e){p~!lt Of" d~lte , J_ /
la,II/';jcJrra;;.c.!
:J.~~,U;''7l /-(~_ shall have Its jnsurence agent or company cartlfY In
Wfllin'J ~l,",;':;;-pblicy of insurance r,quired herein wi'h an aggrelilllte limit of
liabN", I,~~ "01 been reduced by paid or reserved claims at the time of issuarlce
of P<I; I" ,,.' Of certlfieftte.
_~j I &rn'cL/
4 @_LPrI.t .Ki!..nfF shell furnish copies 01 the following policle.'o the City.
w tr ,,,,,,., ',ot less than the followi~. or greeter if reQuired by law, and shall
als,) . .,." . ", c:ertificetcs.eP,f insurance tram all Independent contrllctors 0'
slIbe, :: ,'.: 'ors hired b.,IeL~ Of any independent contractor or
sutlC' I , 'ac':>r hired by the independent contrllctor or subcontllctor, which
,,,,,,"""" shRII provide evidence of cove,age foe limits not leIS then tl'le
1"10,, ':I') "gre8,er if re'lUlled by 18W:
COMMERCIAL GENERAL \.IASILlTY:
";e()~r81 Aggregate Limit $2,000,000
.>, ocucts.Completed Op8retion Aggregate Limit $ t .000.000
~." sonal and Advertising Injurv Li....i. $ 1,000.000
tal'll Occurrence li.,..;t $ 1,000,000
~"" Jamsge Limit (eny OM occurrence) $ 50.000
M.,,;,cal Payments $ 6,000
OR
C(W'1blned Single Limit
'vi.. "eal Payments
$2,000.000
$ 5.000
Co' ...,'JP " to include' occurrence form, premises/operations/products!
eom",.""d operabons cOllerage, independent contractors' cOlleragt. contractual
liob.."y h,(led form property damage, personal injury, City of Dubuqua named
as'" ,,,yq,onel insurad with 30 devs writtlln notice 01 ehange or cancelletion.
~COR[)m. CERTifiCATE OF LlABILlTYJNS\.U~;AN,eE
ctM 8WB(M~
<ODUCER (319)'556-02r2'
:!EIlMAN INSURANCE INC.
)2 FISCHER BLDG.
. BOX 759
.UE, IA 52004
ttn:
JUN; 2 2000
DATE (MMfDOIYYj
05/31/2000
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.
COMPANIES AFFORDING COVERAGE
Continental Western Insurance
Ex!:
COMPANY
A
SUREO
Anthony Kemp and William Barrick
2800 S Irish Hollow Rd---....-...
Galena, IL 61036
COMPANY
B
COMPANY
C
COMPANY
o
OVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE IssueD OR MAY PERTAIN. THE lNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
o
R
TYFE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMfDDNY> DATE (MMfDDfYY)
LIMITS
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR RA67820
OWNER'S & CONTRACTOR'S PROT
03/24/2000
03/24/2001
GENERAL AGGREGATE S
PRODUCTS - COMPtOP AGG S
PERSONAL & ADV INJURY S
EACH OCCURRENCE S
FIRE DAMAGE (Anyone fire) $
MED EXP (Anyone person) $
2,000,000
2,000,000
1,000,000
1,000,000
100,000
5,000
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
COMBINED SINGLE LIMIT S
BQDfL Y INJURY
iPerperson}
,
.
BODILY INJURY
(Peraccidenl)
PROPERTY DAMAGE S
GARAGE LIABILITY
ANY AUTO
THE PROPRIETOR!
PARTNERs/EXECUTIVE
OFFICERS ARE:
OTHER
INCL
EXCL
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE $
EACH OCCURRENCE $
AGGREGATE $
,
we 51 A TU- 01H-
TORY LIMITS ER
EL EACH ACCIDENT
EL DISEASE - POLICY LIMIT
EL DISEASE - EA EMPLOYEE $
EXCESS UABILlTY
UMBRELLA FORM
OTHER THAN UMBRE_LLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
=:SCRIPTlON OF OPERATlONSIlOCATlONSNEHCCLESlSPECIAL ITEMS
'R BUILDING LOCATED AT 1Dl-113-123 MAIN STREET, DUBUQUE, IA. 52001
ERTIFICA TE HOLDER
CANCELLATION
.
CITY OF DUBUQUE
ATTN: MARK NOBLE
CITY HALL
DUBUQUE, IA 52001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NonCE SHALL IMPOSE NO OBLIGATION OR LIABILITY
S OR REPRESENTATIVES.
CORD 25-5 11/95)
RICHARD
..,l.1........ 1""
(/>ACORD CORPORATION 1988
.
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....- ~~ L) vv>e::f-z:,JL ~ p~'Al> lOt"()
h~~.
eet')-v
RENTAL &
DECORATING
FOR SPECIAL EVENTS
31
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lJt.:OUQUE eG.. iG'nA f t.ES
Pr8pared by: Laura Carstens. Cltv Planner Address: 50 W. 13th St. CItv Hall T.phone: 588-4210
ORDINANCE NO. 51-00
AN ORDINANCE AUTHORIZING INSIDE DECOR TO CONSTRUCT A
PROJECTING SIGN AT 113 MAIN ST.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Bill Barrick and Tony Kemp, as the owners of the premises known
as 101-123 Main Street, Dubuque, Iowa, and legally described as C.L. 80 be and they are
hereby granted the revocable permit and authority to construct and maintain a projecting
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. 51-00
June 21,2000
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 Bill Banick and Tony Kemp 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 19th day of June, 2000.
Attest:
/d;;,4Kk~//O~
~nne F. Schneider, City Clerk
.
.
.
.< , , .-,. .,-....;>1 ,'-'........."
t-'';; '-:'5l :'('I~f.1 1.; -.r'
rt610E (IEee;
ACCEPTANCE Of ORDINANCE NO. 51 -00
,-...-,~
P,..GS ;:.;
I {Wel the undersIgned having read and being familiar with the terms and
conditions ,,! OrdInance No. 51 -00. hereby, for themselves, their 8ucceasors or
assigns, a~ ow"",rs of the abutting property, accept the same and agree to be bound bv
lne condItio"" )"'W agreements therein contained 10 be performed by permittees.
Oaled.
':;--2- 5- ~o
.
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. 51-00 is a correct copy of the original
Ordinance No. 51-00 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 19th day of June,
2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
. Dated at Dubuque, Iowa this 22nd day of June, 2000.
. _~/ (/J)
~u?44f/7 c::::;Kd~fl/
Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
(SEAL)
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