Claim Response, Delmar ScalesBARRY A. LINDAHL~
CORPORATION COUNSEL,
E~~BUQUE
MEMO
To:
DATE:
RE:
Claimant
Delmer Scales
Mayor Terrance M. Duggan and
Members of the City Council
July 10, 2001
Claim by Delmer Scales
Date of Claim
6/12/01
Date of Loss
6/3/01
Nature of Claim
Property Damage
This is a claim in which the claimant states that rocks and gravel collect in the street, which
in turn hit his house and car when other vehicles travel on that road.
According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, rocks
and gravel do accumulate in the comer of the street. Mr. Klostermann recommends
payment of the claim in the amount of $263.36. The Legal Department concurs with this
recommendation.
It is therefore the recommendation of the Legal Department that this claim, in the amount
of $263.36, be paid by the Finance Department and submitted to ICAP for reimbursement.
BAL/jm
Attachment
Cc: John Klostermann, Street/Sewer Maintenance Supervisor
Delmer Scales
196 DUBUQUE BUILDING 700 LOCUST STREET DUBUQUE, IA 52001-6824
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET
Operations & Maintenance Depax~nent
925 Kerper Boulevard
Dubuque, Iowa 52001-2338
($~9) 589~n~0
(319) 5894252 FAX
June 25,2001
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. Delmer Scales.
We do not have any written record of the call we received from Mr. Scales, but we do
remember that he notified us that his window was broken because of stone that
accumulates in the street at the S.W. corner of North Algona and Decorah. After
receiving the call we dispatched a crew to the site and the stone was cleaned up. I also
have a memorandum from Jane Smith dated June 7th, which states that she also
received a call from Mr. Scales in which he stated his concern with this corner.
I haVe inspected the site several times this past week and noticed that the corner does
hold some water and debris after it rains. It is not unusual however, that after it rains we
would have various locations throughout the city that would need clean up.
I believe that the stone was deposited in the intersection due to one of the heavy rains
we had and that we were never notified until after the window was broken. Since I have
misplaced our written documentation concerning this call, it is my recommendation to
pay the claim as long as Mr. Scales can support his damage as listed on the claim.
If you need additional information concerning this claim, please contact me.
Sincerely,
Klostermann
Street/Sewer Maintenance Supervisor
JLK/vle
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