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1690 Elm Street Right-of-Way Enroachment '. . . . 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 , . . . 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 .,. ". . . . . 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~,../ Tile: It~cv\-ILtJ vtVv1'\ tU~ pa~: &; - k:' . CD Sent by: CITY OF DUBUQUE . . . 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 ~.~~ 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 H DEDUCTIBLE 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 ;s is WC189151783 WC189151802 (WI, OR, NV) " 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 000 000 000 000 000 000 :.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 R AI)Of1lllOiAL .....-. U!!TTl!R 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 #SU814/M80130 . ..J f~ tt S <J '~ !::Ji < , c<) ~ c , ~- ,,,p <N(j (jl ~t:'b- Q. N oJ) ~ ~ II) \) ..9 ~- ~ e "1- (JJ c C -S:: CIl ~ <:i7 .J '- <l '\. V l- x Lu -... "t- ... ~ ~ .~ <lJ . c:::J e II:. it . tl ~l~ ~ .f \j~ . ~ I-U ~@; . 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 \7'\ 1:~~:':\:;'"'l'::jnQ e,."'!!~ ,~,,".:r\ 1.'1'-" ......~:irJ --'," ''"'''__' ~.v . 11S :S Hd '1\ t~nr 00 03i\i::JJ38 1 . . . 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) . . . / . . . -...~._- u . .~~.~~~f~t~ 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 . . . . . . 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. ~~~ Tile: ke-t ~~ pa.: fo - Co . DO c::; ,._., ~g~~ c- l~\~"\ c;-<~ ~.:)~,~::- ~~:i~ fT'l;;oc; zj :;.~ :--.,1 C;;.) c::;;.J c=:>. '- c:: :c 'r' -',~ ',.:'"":l.. >:;- , ..==--- _t..! ~-'---. ---:~ ~ N -0 ::J: Cf! U1 N ; .--' """', l: " ~~ 00 o ~ t \ o 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. 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~ ~ -~' _ ~a44d-7'C/d~A"-_ .j /~eanne F. Schneider City Clerk City of Dubuque, Iowa t,: j' '/- . -,,:". "c"~" ('I .>;;::: ':;"':;.:.::;-~::-',,:- '..-:="- }~~t~\'t '; -~ ~,0';;j.,,~-"/:J':"~" . C ,\~;_.;;,:,y'/j:" ,: -~; ')! .~, T< \\ .