543 West 8th Street Right-of-Way Encroachment
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ORDINANCE NO. 56-00
AN ORDINANCE AUTHORIZING MICHAEL J. KOCH TO CONSTRUCT A
PROJECTING SIGN AT 543 W. 8TH STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Michael J. Koch as the owner of the premises known as 543 W. 8th
Street, Dubuque, Iowa, legally described as Lot 2 of Lot 12 of City Lot 703, Lot 1 and west
1/2 of Lot 11 of City Lot 888 and part of City Lot 654, and Lot 1 of east 1/2 of Lot 11 of City
Lot 688 and part of City Lot 654 be and they are hereby granted the revocable permit and
authority to construct and maintain a 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
connection with the location. installation, existence. construction,
maintenance and repair of the facility, work or improvement permitted herein.
.
.
.
'.
Ordinance No. ..00
Page 2
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 (1 0) 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 Michael J. Koch 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
July
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Jun 13 00 11:29a
MICHAEL J. KOCH
(319) 587-0481
Se~t by: CITY OF DUBUOUE
319 S89 4149;
06/05100 '0:16AM;""" '353;Page 4/5
.
ACCEPTANCE OF ORDINANCE NO. 56 ..00
I (We), too undersigned haYIng read and being familiar with the terms and
conditions of Ordinance No. 56 -00, hereby, for themselves, their successors or
assigns, as ovmers of the abuIIing property. IIOC8pt the same and .... to be bound by
the conditions and IIQRI8I'MI'lIB .... contained to be petformed by permitlees.
p.3
By: ~ /,>>,CJ..d.:TKor..fl
Tile: CX.A>>":'''<A.-
Dated: 6 ~ I 3 ~ OC)
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INSURANCE SCHEDULE
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF PREMISES OR
MAJOR VENDORS (SUPPLIERS, SERVICE PEOPLE) TO THE CITY OF DUBUQUE
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 Besfs Rating Guide.
Any policy of insurance required hereunder shall provide for a thirty (30) day
notice to the City of any material change or cancellation of the policy prior to its
expiration date.
Dubuque Jewelry & Loan 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.
Dubuque Jewelry & Loan 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 insurance from all independent contractors or
subcontractors hired by Dubuque Jewelry & Loan or any independent
subcontractor, which certificates shall provide evidence of coverage for the
following with limits not less than the following, or greater if required by law:
COMMERCIAL GENERAL LIABILITY:
2.
3.
4.
General Aggregate Limit
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
$ 5,000
Coverage is to include: occurrence form, premisesloperations/productslcompleted
operations coverage, independent contractors' coverage, contractual liability, broad
form property damage, personal injury, City of Dubuque named as an additional
insured with thirty (30) days written notice of change or cancellation.
ACORD",
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMJOOIVY)
06 15 00
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.
I PRODUCER
I Bideaux Smi th Weber
fr Jackson Street
. Box 1566
buque, IA 52004-1566
INSURERS AFFORDING COVERAGE
INSURED
Dubuque Jewelry & Loan
Michael Koch dba
543 W 8th Street
Dubuque, IA 52001
COVERAGES
THE POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST ANDING
ANY REQUIREMENT, TERM OR CONDITION QF ANY CQNTRACT OR OTHER DQCUMENT WITH REspECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THEtNSURANCEAFFORDEDBY THE POLlCI~S DESCRIBED HEREIN IS SUBJECTTO'ALtTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
iNSRT "'-:;YPE()FlNSURANCE POLICY NUMBER . . ... .. "~poilcYmEcnije 'poL:K:VEXPIRATlONT
. INf>URERANest. BenQMl..1t1.:lal rn.fll..1~anC::12 CQrnpc.lI1Y
. INSURER B:
, INSURER C.
I INSURER 0:
,. .. ..._..... .....d
I INSURER E:
LIMITS
I GENERAL LIABILITY
A COMMERCIAL GENERAL LIABILITY
CLAIMS MADE r"'jf1 OCCUR
. i
EACH OCCURRENCE $ 1,.000,000
F.IFlE_~~I.II~CiE(I\".~~ne lire} $ 50,000
~_""EE.E:X."'JAnl(l(1llJ)erson) . :.~ 5.,.000
.~Fl~~I\!:~ AOV 1N.~':!Fl~,,-~-l-+000,ooo
: GENE':l.AI. AGGR.~.C!I\::r!_._ j~2 ,000,000
. PRODUCTS. COMPIOP AGG i $
,. .... ......-....--...r
I I
CPI 0311798
12-15-99 12-15-00
COMBINED SINGLE LIMIT
(Ea accident)
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
BODILY INJURY
(Per person)
BODilY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
.1\1.J:rQ.()~L Y - EAI\c:CI[)~I\I:r;,$.
ANY AUTO
OTHER THAN
AUTO ONLY:
EA ACC I $
-------------------T---
AGG $
, EXCESS LIABILITY
. i OCCUR
EACH OCCURRENCE
- - -.... ~_.....
'$
'$
CLAIMS MADE
lAGGFlECiATE:
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
i$
t
!$
'$
WCSTATU-; iOTH-.
, I.QBYI,JMIIs j. . j ER. ;
, E L EACH ACCIDENT $
;i:..l.;~SEASE:.:...EA EM~lQ":E:EL!.__
E.L DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONSILOCATlONSlVEHICLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Installation of sign
Certificate Holder to be named as Additional Insured.
CERTIFICATE HOLDER X i ADDITIONAL INSURED; INSURER LETTER:
Ci ty of Dubuque
.anning Services Department
East 13th Street
Dubuque, IA 52001
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
ACORD 25-5 (7197)
@ ACORD CORPORATION 1988
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(A-~D T~~ tDL\S \F NEEDED)
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Tu 6u'TTE\~ ~----rs:=.~ c::)F ~I~T
~:::::J BAck- ----r-D B ~ \c.K- C5-N ts \) \ LPI ~6
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CITY OF DUBUQUE, IOWA
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
MICHAEL C. VAN MILLlGEN, CITY MANAGER
RIGHT-OF-WAY ENCROACHMENT-PROJECTING SIGN AT 543
W. 8TH STREET
06/27/00
Planning Services Manager Laura Carstens is recommending approval ot a request
by Michael J. Koch to install a projecting sign tor his building at 543 W. 8th Street. It
would encroach 60 inches into the public right-ot-way. The business is zoned C-4
Downtown Commercial, which allows tor signs to project up to 60 inches into the
. public right-ot-way.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
----mJJi~L______
Michael C. Van Milligen
MCVM/dd
Attachments
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
\ II I ,'"h'~al~"'l
'VI '~.', ,k.; "-, ,\...,
801;',"-" ,-, :', {111'"'\
'""'h}\_J J' _' J '+.v
.
\1" .f" t,l.! 0"" :-In'"' 00
1(.,'''' 'iCJ uc, hi I
03/\I::lJ:18
..
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.
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 23. 2000
TO:
FROM:
Michael C. Van Milligen. City Manager
Laura Carstens, Planning Services Manager J~
SUBJECT: Right-of-Way Encroachment - Projecting Sign at 543 W. 8th Street
Michael J. Koch has requested City Council approval to install a projecting sign for his
building at 543 W. 8th Street. It would encroach 60 inches into the public right-of-way.
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. Michael J. Koch 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 Michael J. Koch 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
..
K~T~oo
2000 JUL 20 PM f: 56
KAJ6IJN~V~~C~W&!RQW - - \)
. .' DUBUQUE CO.. IOWA FEES C)
Preoared by: Laura Carstens. City Hall - 50 West 13th. Dubuaue. IA. 13191 589-4210 f\ \
~0
.
/
ORDINANCE NO. 56 -00
AN ORDINANCE AUTHORIZING MICHAEL J. KOCH TO CONSTRUCT A
PROJECTING SIGN AT 543 W. 8TH STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF
DUBUQUE, IOWA:
"
Section 1. That Michael J. Koch as the owner of the premises known as 543 W. 8th
Street, Dubuque, Iowa, legally desaibed as lot 2 of lot 12 of City lot 703, lot 1 and west
112 of lot 11 of City lot 688 and part of City lot 654, and lot 1 of east 1/2 of lot 11 of City
lot 688 and part of City lot 654 be and they are hereby granted the revocable permit and
authority to construct and maintain a 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
connection with the location, installation, existence, construction,
maintenance and repair of the facility, work or improvement permitted herein.
.
~~, .~ ~:~. f_,
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Ordinance No. -00
Page 2
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 atter 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 Michael J. Koch 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
July
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
....-., 4..J VU J. J. ~ ~":'d
nll"MMt:.L .J. KULH
1319J 587-0481
p.3
~ent by: r,rrv OF nUBUOU&
319 589 4149;
06/05/00 10:f6AU;~ 1353;Page 4/5
.~
. ,
.
ACCEPTANCE OF ORDINANCE NO. 56 -00
I (We), the undersigned having read and being familiar with the terms and
conditions of Ordinance No. 56 -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 BgR!erl'1eOtS !hemin contained to be performed bV permittees.
By ~~ /hrc.J.4.JKorAI
Tile: O~
Dated: 6 ~ I 3 - DC'>
.
.
.
-~
.
CERTIFICATE OF CITY CLERK
STATE OF IOWA
. .>
COUNTY OF DUBUQUE
t "
I>
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. 56-00 is a correct copy of the original
Ordinance No. 56-00 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 5th day of July,
2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
.
Dated at Dubuque, Iowa this 6th day of July, 2000.
Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
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