Claim by Theresa WalshTHE CTI'Y OF
DuB E
Masterpiece on the Mississippi
BARRY LIN A L
CITY ATTOR EY
To:
DATE:
RE:
Claimant
MEMORANDUM
Mayor Roy D. Buol and
Members of the City Council
September 8, 2008
Claim Against the City of Dubuque by Theresa Walsh
Date of Claim
Theresa Walsh
09/04/08
Date of Loss
09/01 /08
Nature of Claim
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.
According to the report of Tim Horsfield, Parking Systems Supervisor, claimant alleges
that her vehicle was towed at approximately 8:45 a.m. on Monday, September 1, 2008.
Mr. Horsfield reports 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.
It is therefore the recommendation of Tim Horsfield to deny this claim as all of the
requirements of the City Code of Ordinances was met. 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
__ ;~
~~t~
~~ ~:
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
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 West 13th St.,
Dubuque, IA 52001. It will then be referred to the appropriate department for
investigation and to the City~Attorney's Office. 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: j~t:;/~ of ~il~~t
2. Address: ~°} ~, Cj I~'I~.l i1 c`~~ /~C-~- LI ; I L~~i tai 41~ ,, ~ J~~ ~
3. Telephone Number (,~~(~) ~-~1~~-.~
c'~ ,
4. Date of Incident: ~- . '~_~~
5. Time of Incident: ~ . ~~ ~~, • fY~ .
6. Location of Incident (Be specific):
8. What were weather conditions like?
~-~ C~~YI~~ ~ ~~~('~~~,. ~~Qir1t~~ f~tA ,
9. Give name and address of any. witnesses:
10. Did police investigate? (If so, give names of officers.)
7. Describe the accident or occurrence that caused injury or damage. (Give full
details upon which you bast your claim. If a City employee was involved, give
the emnlovee's name.)
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
~~~
~.
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.)
~~~
1 What other dama es do y u claim, if any?
~°
~~ i ~~
~~nifli~ C~
14. Have you een compensated for any part or all of your claim by any
insurance company? (If so, give name and address of insurance company and
nt paid.)
a
What amount do you claim from the City of Dubuque?
~~ ~ . ~;~b I~n~~i f ran f ce,
i. Why do you claim the City of Dubuque is responsible?
~~, 't~~ Q~r~a ~~« I~C,~``'t~,t~r?,s~t~ p t,tt u,p t,~rt~ ~ 1 ~ ~r~~ drrt~
17. Have you made any claim against anyone else for dama es 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?
~" -~ F1~~
~~ cv7r~~
~~t.~ ,~ ` ~I us,
~1 C~~
t~(t,
~ ~
Dated this_ day of~~, ~ ~'~~' ~_
, 20~_• p'~ a~
r` ~
-
~
Tt
~
~ ~- v
, ~
~~~~ ~ 5~~~.~'~l ~ ~ ~.
±--? : `: ~ ~
(Signature) .
~, U;
~
D ~ N j°"i
V
(Print Name) CD C.-
____-. _.i_h
• n o
RECEIPT
f'_
., ~, ~®
,o ~~
N ~ ~ ~ ~\
~
CD
m
~
Z
~
n
OC
~ ~
T
o o
~~
m
~ ~ o
m m
o
~
7 ~~ ~ ~
~ ~ U ~ 0
~ C ~ ~
~~~~
D7~1 S ~O D
vo ~ mm'i ~~
i
- C
C~
~ o
~ .
G
-~ ~ ~
~' D
~ `y
~
i Z
O
o ~l
~ ~
r ~:
~
,r
RECEIPT
~ a
0] '0 D T O -ni
~~ m m
C Z OC m ~ o
m ~ ~ .~
~, o ~
_.~ a ~ ~ ~
c ~ ,,, `~
000
~m m oz .~
o~ ~~{_ , ~
C
._ ~ ~.
{ ~ o G ~ .
c
~- ~~
°vv
~ ~ z
o
o ~
~.
r ~
., ~
~, _ .-~ ~
C~ ~ ~ "
N
WENZEL TOWING INC
3197 HUGHES COURT
DUBUQUE, IA 52003
563-556-6480
~alE'
ID: 76907470 Ref tl: 0001
09i02i08 10:36:06
Batch u: 353
VISR
~~~~~~~~~~421fi
Rppr Code. 003fi05 Invoices, 001219
Totals ~ 96,95
Customer Couv
THANK YOU
WENZEL TOWING, INC. Road
_ 24-Hour Towing Service
3197 Hughes Ct. Dubuque, IA 52003 ^
563-556-6480 Fax 563-556-3015 Service
MasterCard & Visa Accepted
DATE I TAE A.M. E EDDY ~ P.O. NO.
~ PHONE
.F(n~ ~~711f1 ~ f Iti"I..
L
S AT
r ZIP
LO TIO OF VEHJL`j.E ~
a o ~~?.~ ~ ~~-~- s
YEAR, MAKES MO~EL~~~~ A„ COLQR ~ __ DRIVER
TE ~
I(
TL
~ LIC. PLATE NO~~
7 OJT~ VEF{ICLF I~ n~n~ ~~ ~ ~~~~~/ ~~
J l
FI
f REGISTERED OWNER
MIL
E
A
GE S
E
RVICE TIME EXTRA PERSON
FINISH FINISH
FINISH
START START
START
TOTAL L TOTAL
REASO OR TOW SPECIAL EQUIPMENT
^ ACCI((DE~~NT
^ ARRE
~
' ItO~NED ^ FLATTIRE ^ SINGLE LINE WINCHING
^
w
^ UNRL~91~ OUT OF GAS ^ DUAL LINE WINCHING
IM
PO
UNDED ^ SNATCH BLOCKS
^ TOW ZONE ~~`,,,---~~~
~~A
"""
^ LOCK OUT ~q ~~,(~
/
j' . ^ SCOTCH BLOCKS
^ SNOW REMOVAL ^ START
^
~0 / ~ ^ DOLLY
TYPE OF TOW TOWED PER ORDER OF VEHICLE TOWED TO
^ SLING/ HOIST TOW
^ ^ STATE POLICE
1r
,~ FIRST~~w '
~
~
L
FLAT BED/ RAMP OCAL POLICE
X ~'~ C'[
r//
~
WHEEL LIFT ~
J
LJ OWNER sECO Tow
~ ~ O
^ DEALER lQ~ W
STORAGE FROM
r~ TOWING CHARGE ~ I
-
q-l-o~ a -o~ ~ 1~ I
TG
DAYS ®$ / /Q,/J
PAID BY FFF~~~ r V
EXTRA PERSON I
^ CAS -
H ^ CHECK LIC NO. `
~~
/`
_ ~~ I
^ CR T
4
/
EDIT CARD ^ C VISA AMEX DATE
LABOR CHARGE I
cc NO. STORAGE 1S
b~
OPERATOR'S SIGNATURE /7 - ~ .I
I
TRUCK NO. ~ I
I
SUB-TOTAL
AUTHORIZED SIGNATURE DATE
TAX -
I~
ASED TO DATE
TOTAL ~
rl a
') I.~ ~ (] ~ Not responsible fbr loss or damage to vehicle
L ~,J ~J in case of fire, theft or any other cause beyond our control.
.Thank You
PRODUCT 2525
CITY OF DUBUQUE
830 BLUFF
DUBUQUE, IA 52001
(563)589-4267
09/04/2008 12:44
WALSH, THERESA ANN
Account #: 078TBHIA
TICKET PAYMENT
Ticket#: 010740
Paid Amount: $15.00
Paid via Cash
----------------------------------------
Total Payment: $15A0
Recd by:
Receipt Transaction # 08090419187
* THANK YOU