Brannon Monument Right-of-Way Enroachment
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ORDINANCE NO. 53-00
AN ORDINANCE AUTHORIZING MICHAEL P. BRANNON AND STASIA L.
BRANNON (dba BRANNON MONUMENT CO.) TO CONSTRUCT AN AWNING
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Michael P. Brannon and Stasi a L. Brannon as the owners of the
premises known as 1330-1340 White Street, Dubuque, Iowa, and legally described as
1330-1340 White Street, be and they are hereby granted the revocable permit and
authority to construct and maintain an awning 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 awning; and
b. Procure and maintain in force during the term ofthis 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 awning 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 awning 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
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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 expressed 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 awning and in the
event of their failure to do so, the City of Dubuque shall be authorized to remove said
awning 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 awning.
Section 5. That permittees covenant and agree that the revocable permit herein
granted does not constitute any approval of the design, erection, location, construction,
repair or maintenance of said facility and said permittee 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 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 Michael P. Brannon and Stasia L. Brannon 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, adopted and approved this 19th day of
June
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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ACCEPTANCE OF ORDINANCE NO. 53 -00
The undersigned having read and being familiar with the terms and conditions
of Ordinance No. 53 -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: ~ P.fiw.,.r.dY?
Title: ~6 ;d,u.f I (Jw"f.r
Dated: ~e.. g);).tJ()O
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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: Construction Ordinance--Brannon Monument Company, 13th
and White Streets
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Public Works Director Mike Koch is recommending approval of a request from
Brannon Monument for construction of an awning, limestone edging, wood chips
and decorative landscaping rocks in the public right-of-way in front of the company
at 13th and White Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
rWJ ~!!J1
Mibhael C. Van Milligen --
MCVM/dd
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
June 12, 2000
TO: Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director '/lJi k~
FROM:
SUBJECT: Construction Ordinance - Brannon Monument Company
13th & White
INTRODUCTION
The following is in response to a June 6, 2000 request of Brannon Monument
Company to install an awning, limestone edging, wood chips and decorative
landscaping rocks in front of their building at 1330-1 340 White Street, within the
public right-of-way.
DISCUSSION
Brannon Monument Company is requesting permission to place an awning, limestone
edging, wood chips, and decorative landscaping rocks in front of their business at
1330-1340 White as a means of enhancing the aesthetics of the building and area.
Brannon Monument has submitted plans which were approved by the Building Safety
Department.
All proper documentation has been submitted which includes the completed
construction ordinance, letter of request, drawings and certificate of insurance.
RECOMMENDATION
The construction ordinance provides for a revokable permit and further requires
Brannon Monument Company to assume all liability, defend the City, and hold the City
harmless of any claims which may result from the construction of the awning,
limestone edging, wood chips and decorative landscaping rocks within the City right-
of-way.
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ACTION TO BE TAKEN
The City Council is requested to approve the recommendation and to adopt the
attached ordinance approving the construction of awning, limestone edging, wood
chips and decorative landscaping rocks in the public right-of-way.
MAK/vjd
Prepared by Jane Smith, Engineering Assistant
cc: Building Safety
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~ 11OfllLnl''l't/A' aPe a{>"!9rtC,! tJeaUL.lC .lameO/w liocd,
/wl tJeaaL-l'c ."O//UXHW a{{cd,
MEMBER
MONUMENT BUILDERS
WIIIiJ
OF NORTH "'MERICA
THE MARK OF EXCELLENCE
June 6, 2000
Jane Smith
Engineering Dept.
City of Dubuque
City Hall
Dubuque,IA 52001
Dear Jane,
Enclosed please find information regarding the proposed installation of an awning above
the front doors at our 13 I 0 - 1330 White St. location. I spoke to you earlier this spring
regarding this matter, and am now submitting this information to you for your review.
The proposed awning will measure 9' 3" in width, drop 36" overall top to bottom, and
project 20" from our building (see exhibit A). The awning will be composed of the same
materials as our existing awning (see exhibit B), green canvas with a scalloped lower
valance placed over an aluminum frame. It will not, however, include any advertising.
At the same time, we would also like to request the City's permission to remove the
existing bushes in front of the property (see exhibit C), install limestone edging (see
exhibit D), and fill with woodchips. We would like to place small, decorative
landscaping rocks on the woodchips.
Our property insurance is carried through Bob Miller, at the Friedman Group, with the
Westfield Companies. This will cover any liability we have in regards to the building.
[fyou have any questions, please do not hesitate to call. We look forward to hearing
from you soon.
Best regads,
~~on
Michael P. Brannon, eM
Stasia L. Brannon
Vincent P. Brannon, eM
Mary Lou Brannon, eM
(319) 583-6318
Fax (319) 557-0540
13th & White StB.
Dubuque, Iowa 52001
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Prepared by: Mike Koch, Public Works Director Address: City Hall
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2000 JUN 2/ PH 3: 52
.
ORDINANCE NO. 53-00
I
AN ORDINANCE AUTHORIZING MICHAEL P. BRANNON AND STASIA L.
BRANNON (dba BRANNON MONUMENT CO.) TO CONSTRUCT AN AWNING
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
.
Section 1. That Michael P. Brannon and Stasia L. Brannon as the owners of the
premises known as 1330-1340 White Street, Dubuque, Iowa, and legally described as
1330-1340 White Street, be and they are hereby granted the revocable permit and
authority to construct and maintain an awning under the terms ~nd conditions set forth in
this Ordinance.
,
i
i
Section 2. That such construction shall be done ini 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
I
and federal laws and regulations, and the Ordinances of the City of Dubuque.
I
Section 3. That the permission herein granted is e;xpressly conditioned on
permittees' agreement to: i
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 awning; 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 awning 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 awning and to pay reasonable attc.rney 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
e
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