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Claim by DMT InvestmentsCopyrighted September 19, 2022 City of Dubuque Consent Items # 02. City Council Meeting ITEM TITLE: Notice of Claims and Suits SUMMARY: Teresa Buelow for property damage; DMT Investments for property damage; Origin Design Co. for vehicle damage. SUGGESTED Suggested Disposition: Receive and File; Refer to City Attorney DISPOSITION: ATTACHMENTS: Description Type Claim by Teresa Buelow Supporting Documentation Claim by DMT Investments Supporting Documentation Claim by Origin Design Co. Supporting Documentation t`n J ch . CLAIM AGAINST THE CITY OF DUBUQUE, IOWA S . Fahsc�l This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 W. 1Th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: DMT Investments 2. Address: P.O. Box 300 City: Dubuque 3. Telephone Number: 4. Date of Incident: 5. Time of Incident: State: Iowa 563-543-4850 18 July 2022 Approximately 11:00pm Zip: 52004 6. Location of Incident (Be specific): 535 Hill Street, back yard, approximately middle of strip center. 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) A large tree limb fell on to the overhead electrical servicedrop causing the the drop to separate from the building service entrance conductors. 8. What were weather conditions like? Not sure at that time 9. Give name and address of any witnesses: Unsure of any witnesses 10. Did police investigate? (If so, give names of officers.) I do not know. 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). Not to my knolwedge. 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) The falling limb severed the Alliant overhead service drop causing Mercy Pharmacy to lose power. This pulled the service entrance conductors causing wire insulation damage in several locations. Alliant could not re -energize until repairs were made early the next morning. 13. What other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim by any insurance company? (if so, give name and address of insurance company and amount paid.) No 15. What amount do you claim from the City of Dubuque? $285.00. We have already paid the contractor that made the repairs. Invoice attached. 16. Why do you claim the City of Dubuque is res onsibl ? The tree is on City property, in Hill Top Park. Crty emp�oyee Tom Krammer is aware of this. 17. Have you made any claim against anyone else for damages as a result of this incident? (if yes, give name and address.) 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa this 1st Tom Thompson (Rev. 5/18) day of September 2022 ignature) Name) N N n v c w m Cn rD O CT 'o IrT"1 C , City of Dubuque City Council Meeting Consent Items # 03. Copyrighted September 19, 2022 ITEM TITLE: Disposition of Claims SUMMARY: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Teresa Buelow for property damage; DMT Investments for property damage; Origin Design Co. for vehicle damage. SUGGESTED Suggested Disposition: Receive and File; Concur DISPOSITION: ATTACHMENTS: Description I CAP Referral Type Supporting Documentation THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi JONI MEDINGER LEGAL ADMINISTRATIVE ASSISTANT To: Mayor Brad M. Cavanagh and Members of the City Council DATE: 9/8/2022 RE: Claim Against the City of Dubuque by DMT Investments Claimant Date of Claim Date of Incident Nature of Claim DMT Investments 9/1/2022 7/18/2022 Property Damage This is a claim in which claimant alleges Claimant's electrical service drop was damaged when a limb from a tree on City property fell onto it causing it to separate from the building it was serving. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. cc: Michael C. Van Milligen, City Manager Marie Ware, Leisure Service Manager DMT Investments OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4113 / FAx (563) 583-1040 / EMAIL jmedinge@cityofdubuque.org