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Claim Response Ungs, JoeBARRY A. LINDAHL~ ESQ. CORPORATION COUNSEL, CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: April 19, 2002 RE: Claim Against the City By Joe Ungs Claimant Date of Claim Date of Loss Nature of Claim Joe Ungs 04/02/02 03/15/02 Vehicle Damage This is a claim in which the claimant states that as he was parking his vehicle at 221 West 9th Street, his tire was punctured by a sharp piece of metal projecting from the curb. According to the report of John KIostermann, Street/Sewer Maintenance Supervisor, his records show that the Operations and Maintenance Department was notified by Police Dispatch on Mach 15, 2002 regarding Mr. Ungs' damaged tire. He states that the metal curb edge was installed years ago and is in bad shape, but because of sub-basements it is not practical to totally remove the metal edge without possibly causing damage to the building. As the metal continues to deteriorate, the department responds by removing the defected metal from the curb. Therefore, it is Mr. Klostermann's recommendation to approve the claim for payment in the amount of $93.46. The Legal Department concurs with this recommendation. BAL/tls CCZ Michael Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street/Sewer Maintenance Supervisor Joe Ungs SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MWCI.NET Operations and Maintenance Department 925 Kerper Boulevard Dubuque, Iowa 52001-2338 (563) 5894250 office (563) 5894252 fax (563) 5894193 TDD ops&maint@cit yo£dubuque.org April 11, 2002 Barry Lindahl Corporation Counsel 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim field by Mr. Joe Ungs. Our records show that we were notified by the police dispatch center on March 15, 2002 that Mr. Ungs damaged his tire when he hit the metal curb edge on 9th street. This metal curb edge was installed a number of years ago and is in bad shape. Due to the sub-basements, it is not practical to totally remove this metal edge without causing possible damage to the building. As the metal continues to deteriorate, and pull away from the curb, we respond by removing the defected metal from the concrete curb. Although we did not have any prior knowledge of this defect, it is my recommendation to pay this claim as filed due to the City's knowledge of this ongoing problem. If you need any additional information concerning this claim, please contact me. Street/Sewer Maintenance Supervisor