1690 Elm Street Right-of-Way Enroachment
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ORDINANCE NO. 52-00
-00
AN ORDINANCE AUTHORIZING LAMAR ADVERTISING TO CONSTRUCT
AN ON-PREMISE PROJECTING SIGN AT 1690 ELM STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Lamar Advertising as the owner of the premises known as 1690
Elm St., Dubuque, Iowa, and legally described as Lots 177,178 and the N.1/2 179 of East
Dubuque Addition, be and they are hereby granted the revocable permit and authority to
construct and maintain an on-premise 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
ofsaid 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
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
,
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Ordinance No.
June 9, 2000
Page 2
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 Lamar Advertising 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
Sent by: CITY QF DUBUQUE
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319 589 4149;
06/05/00 2:29PM;Jedax #369;Page 4/5
ACCEPTANCE OF ORDINANCE NO. 5;;b-OO
I (We), the undersigned having read and being familiar with the terms and
conditions of Ordinance No. ...5~ / -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,
By: -1J~'\ ~~~U~,../
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Sent by: CITY OF DUBUQUE
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319 589 4149;
06/05/00 2:29PM;~ #369;page 5/5
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.
kl.N\.\{\!\_ Ac\ Ii. 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.
kV\~A.-(v\. lAc! \1 . 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 .inlluranpl' from all independent contractors or
lJuQc;ontr",ctors hired bV ..~~ Mil. or llny indepClOdent contrilC'tor or
~ubcontractor hired by the indepenctont contractor or f;ul:Jcontr.ctor, which
certificate6 shill providCl evidence of cover.go for Ilmlt& not less tMn the
follovvin$l, or greater If required by lew:
3
4.
COMMERCIAL GfNEIIA4,. L1ABIUTV:
General A~gre8ate L.imlt $2.000,000
Prodl,fcts-Completlld Opllration Aggregate L.imit .1,000,000
Personalllnd Advertising Injury ~imit $1,000.000
E~h Oc:c:urrence j.imlt $1.000,000
Fire Camage Limit (any pnll occurrence) $ 50,000
Medical Payments $ 5.000
0"
Combinecl Single "irnlt
Medic:al Payrnentll
.2.000,000
. 5.000
COl/erage is to includ,: oc:currenc, torm, prernlse,lopefltlons/productsl
completed operations COl/llrage, Illdepende"t contrac:torli' COl/erage, contractual
tiab/lity, I:Jrolld form propElrty clilmage, per.onlll injury. City pf DUlluque "amecl
ali In adclitiQm,1 if\liured with 30 dilYlS wriUon nOlie. of ctIl1nlle or canellltation.
~~eIll. : "* I I
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AC!lBD.. CERTIFICAT'OF LIABILITY INSURIl
DATE (MM/DDIYY)
02/15/00
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIACATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
CE
ClDUCl!R .
~~isiana Companies
.0. Box 991
n Rouge, LA 70821-0991
lyn valentine/Bob Grace
-
~r Advertising Company,Etal
.0. Box 66338
~ton Rouge, LA 70896
INSURERS AFFORDING COVERAGE
*~kContinenta Casualt Com
*SUREIIs,Trans ortation Insurance
INSUReR C:
~D:
*SUAER E'
an
Co.
_,aGES
E PllUCE8OF_MCE LJI'lEIl BELOW HAVE BEEN I88UED TO THE IN8UIlED NAUED ABOVE FORTHEPCllJC'(PERlODINDICATeD. NOlWlTHSTANDING
.", 1EQl_-"-. ~ OR CONDITION OF Nl't ClONTlII\Cf OR OTHER DOOl.err WITH IE8PECT TO WHICH 1HIS CEIll'FICATE MAY BE ISSUED OR
AY PEJrl"AIN. THE IN8UIWlCE AFFOIIIlED BY THE POUCEll DE&: . _ IS 8UIIJECT TO ALL THE TERloIS,EXCt"IION8ANDCXlNDI11ONSOFSUCH
:llJCEB. AllClAEG~TE UWTll8llOWN MAY HAVE BEEN REDUCED BY PAIl CLAIoIS.
TYPI! c:.... ...wee POUCY NUMBeR
_LIAIIlUTY GL189151752
X -.... flClALGEtEAALUABLITY
Cl.AIMs_llE[~loc:cUR
u..ns
EAOH OCCURFU!NC! S
FIAl!O~GE ....,.. sl 000
..EOElCP.... isl0 00
PEASONAL,"OVINJUAY I sl 000
GENERAL ....GREG..TE 's2 0 0 0
I'ROOUCTS.coMP/OP..GG s2 000
BBn..ABOReGAlELMT APA..ESPER:
X POLICY PRO- LOC
~~~~:
SOHEDlA.EDAUTOS
x HIRED AUTOS
! x i NON-OWNED AUTOS
n
000
000
000
BUAJ.89151895
BUAJ.89151735 (TX)
01/01/00 01/01/01 CO..SINEOSlNGLEL'MIT sl 000 000
01/01/00 01/01/01 \E........,) "
BODILY INJURY
,...-
Is
BaalL Y INJURY
(pel accident)
,s
,
LIABILITY
PROPERTY DAMAGE
(per accident)
AUTOONLY-~AACCIDENTI 1
is
~<l:S&UA8IUTY
~ OCCUR 0 Cl.AI..s....O
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I I RETENTION S
I' WGNCERSCOMPI!NSATIONAND
eMfILQ'IERS' UAIIlun
Isee Excluded
States Below
OTHER
OTHER THAN EAACC 1
AUTO OHL Y: ACtG I S
EACH OCCURRENCE i I
AGGReOATE ts
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is
WC189151783
WC189151802
(WI, OR, NV)
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01/01/00 01/01/01 X WCSTATU. OTHj
01/01/00 01/01/01 E.LEACH"CCIOENT ,1
E.L.OISEASE..EAeMPLOYEe 11
E.L.DISEASE-PQL1CYLlMl'n sl
000
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000
000
000
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:.SCRPnON OF OPERATIONSILOCATIOHSIVEHICL..ESIexcLUSIONAODEO BY ENO.....-...NTISPEClALPROVISOHS
orker's Compensation policies Exclude Monopolistic States of OH,ND,WA,WV.
ity of Dubuque is additional insured with respect to the general
iability policy as required by written contract.
:RTIFlCATE H
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CANCEllATION
RtDULDNtfOF1H!ABCNI! ~-OP0UCE88ECANCELU!D a!FOFETHEePtRATIClH
DA'MTHI!!MOF.THeISSUINClIH8UREI\WILL&NOIlAVORTOMAlLJ..O- DAVSWFUTmN
NOI1CElD'M! CERlFlCATE HClI.OI!RNAIolEIllD'M!lB'T. sur_ TODOSOSHM.L
IWOSI! NO OBUClATIOH CR UABlUTYOF NffKIND LPON THE INSUAER.ITSAGI!NT8OR
REPfU!SENTATlWB..
o SEHTATIVE
JXC . ACORD CORPORATION 1'"
ity of Dubuque, City Hall
jlfral Avenue
.que, IA 52001
CORD2i-S(7/17)l of 2
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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 1690 Elm Street
.
Planning Services Manager Laura Carstens is recommending adoption of an
ordinance authorizing the installation of a sign in the public right-of-way at 1690
Elm Street, the offices of Lamar Advertising. The Zoning Board of Adjustment has
approved a variance to allow the 3' x 4' sign to project into the public right-of-way,
with the condition that the City Council approves this request.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Al~ ~ /1\ L
Michael C. Van MilligEln
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 9, 2000
TO:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
FROM:
SUBJECT: Right-of-Way Encroachment - Projecting Sign at 1690 Elm Street
Lamar Advertising has requested City Council approval to install a projecting sign on
their building at 1690 Elm Street. It would encroach 54 inches into the public right-of-
way. The sign would be mounted above the Elm Street entrance. A sketch of the sign
is attached. The property is zoned LI Light Industrial District. The Zoning Board of
Adjustment has approved a variance to allow the 3' x 4' sign to project into the public
right-of-way, with the condition that the City Council approves this request.
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 the variance request approved by the Zoning Board of Adjustment.
Lamar Advertising 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 Lamar Advertising 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 Services Manager
Michael A. Koch, Public Works Director
.
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. 52-00 is a correct copy of the original
Ordinance No. 52-00 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 20th day of June, 2000.
~d7av/~k~~
~J~anne F. Schneider
City Clerk
City of Dubuque, Iowa
(SEAL)
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-...~._-
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2000 JUN 21 PI1 3: 52
Address: City Hall TelePhoneK.HJ;i.'( ..i':.l..f&0;;;.'_;_.J '"
tttOtrftfy Ml:.COrl' i" p
52 -00 DUBUQUE CO" IOVi'\'r'~1 00
AN ORDINANCE AUTHORIZING LAMAR ADVERTISING TO CONSTRUCT ~.
AN ON-PREMISE PROJECTING SIGN AT 1690 ELM STREET
Prepared by: Laura Carstens, Planning Services mgr.
ORDINANCE NO. 52-00
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Lamar Advertising as the owner of the premises known as 1690
Elm St., Dubuque, Iowa, and legally described as Lots 177,178 and the N.1/2 179 of East
Dubuque Addition, be and they are hereby granted the revocable permit and authority to
construct and maintain an on-premise 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
ofsaid 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
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
.
.
.
.
Ordinance No.
June 9, 2000
Page 2
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 Lamar Advertising 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
t Sent by: CHY OF .DUBUQUE
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319 589 4149;
06/05/00 2:29PMjJedax #369;Page 4/5
. .
ACCEPTANCE OF ORDINANCE NO. 5~-Oo
I (We), the undersigned having read and being familiar with the terms and
conditions of Ordinance No. .5 ~ -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.
By. ~~~
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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. 52-00 is a correct copy of the original
Ordinance No. 52-00 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.
, U~
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_ ~a44d-7'C/d~A"-_ .j
/~eanne F. Schneider
City Clerk
City of Dubuque, Iowa
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