Claim by Theresa WalshTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
MEMORANDUM
BARRY LINDAHL
CITY ATTORENY
TO: Mayor Roy D. Buol and
Members of the City Council
DATE: October 2, 2008
RE: Claim Against the City of Dubuque by Theresa Walsh
Claimant Date of Claim Date of Loss Nature of Claim
Theresa Walsh 09-04-08 09-01-08 Parking Violation
This is a claim in which the claimant alleges that she was not properly notified regarding
prohibited parking on Main Street due to the Labor Day Parade, which resulted in claimant's
vehicle being towed.
On September 8, 2008, I recommended denial of this claim based on the initial report of Parking
Systems Supervisor Tim Horsfield, which stated that claimant alleged her vehicle was towed at
approximately 8:45 a.m. on Monday, September 1, 2008. Mr. Horsfield reported that the towing
was performed by the Police Department in order to clear the parade route. According to City
Ordinance, Parking staff posted prohibited parking notices on adjacent meters to all affected
parking spaces at 6:00 a.m. on Sunday, August 31, 2008, indicating the timeframe of the
prohibited parking on Monday, September 1, 2008 due to the Labor Day Parade. Subsequently,
those same meters were bagged at 6:00 a.m. on Monday, September 1St, resulting in a 24-hour
notice of the prohibited parking.
Tim Horsfield has recently reported, however, that since authorizing that report, some additional
information has come to light, that the possibility of some of the notices placed on the meters by
the Parking staff may have been removed from the meters. Therefore, the possibility does exist
that proper notice may not have been given prior to the towing of the vehicle.
It is therefore the recommendation of Tim Horsfield to reimburse claimant for the towing of the
vehicle in the amount of $131.95, which includes all expenses incurred. The City Attorney's
Office concurs with this recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Tim Horsfield, Parking Systems Supervisor
Theresa Walsh
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Parking Division Dubuque
830 Bluff Street
Dubuque,lA 52001
Phone: 563-589-4267 ~ ~ ~ ~'
Fax: 563-589-4308
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To: Michael C. Van Milligen, City Manager
Barry Lindahl, City Attorney
From: Tim Horsfield, Parking System Supervisor
Subject: Theresa Walsh Claim-Towing Reimbursement
Date: October 2, 2008
On September 5, 2008 I sent you a memo regarding the towing reimbursement
claim from Theresa Walsh due to her vehicle being towed from the Labor Day
Parade route.
Since authorizing that memo, some additional information has come to light, that
the possibility of some of the notices placed on the meters by the parking staff
may have been removed from the meters. Therefore, the possibility does exist
that proper notice may not have been given prior to the towing of the vehicle.
Therefore, after discovering that the possibility of improper notice exists, I would
suggest that we do make reimbursement for the towing of the vehicle in the
amount of $131.95. This includes all expenses incurred.
If you have any questions, please feel free to contact me at your convenience