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Claim by Patricia and Lyle GalliartTHE CITY OF DUB E Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL MEMORANDUM To: Mayor Roy D. Buol and Members of the City Council DATE: August 31, 2009 RE: Claim Against the City of Dubuque by Lyle & Patricia Galliart Claimant Date of Claim Date of Loss Nature of Claim Lyle & Patricia Galliart 08/27/09 05/18/09 Property Damage 07/28/09 08/18/09 This is a claim in which claimant alleges that a City sewer line located near 1300 Tomahawk Drive was plugged and caused claimant's line to back up into claimant's furnace room. 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 John Klostermann, Street & Sewer Maintenance Supervisor Lyle & Patricia Galliart 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 / EnnAIL tsteckle@cityofdubuque.org ,: .. A q ~,~, z~ ~ a ,. I ~ , ~~" 51~'r'~~'Yl~ CLAIM AGAINST THE CITY OF DUBUQUE~~OWA~~ __ ._~ This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional inform'O~if.~1~t7 P.°s ~ ; ~ ~ supports your claim. s The claim must be filed with the City Clerk at City Hall, 50 West 13 ~,t~~:.A.-~~, .,, 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: a~"rici~ o~~ ~ ~~l ~4 ~'~ 2. Address: ~ 300 /~rkL1~~ ~r. ~u/uy uG; .~.. .~z op 3 -- 3. Telephone Number f~nrr,c : 583- b~i~3 Lu~r:s wo~~' : ~8g-~70 _ 4. Date of Incident: 5/~~ /~9 r 7~z& ~og 8 f ~~ ~°9 5. Time of Incident: s'~ib ~og-/o.•Do~„., 7~zS~~c9- lZ.3n pfi. ~~~~'~~ - b'.'ya ~ ~ .'Dorn, 6. Location of Incident Be spe ific): i3oo ifi~vi4~lu.~,lc /Jr. .' ~~. r~~nZl -turn4cc rooms lL~~r4 5°tJcr ir~G in yar 7. Describe the accident or occurrence that caused injury or damage. (Give full details upon which you base your claim. If a City employee was involved, give 9. Giv~e,~name and addrgss of a 10. Did police investigate? (If so, give names of officers.) c~ 8. What wer//e weather conditions like? / _// ) ,.~ lor~yi~ r /'nv~~i ~`JA rI ~ ~ ~ ~ r !_ UCG ~'' G r, ~ Y1dZ` Gc T~ ~O /'. 11. Wad 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 l ~ r~SCntG a7' /a ~s r h c ~ L~ ~i ~, S rU.~~ 4s our c / h~ J r u 1 o r rcrr~ S/ 7 Si u 'zio v o ~J ~i r Gacc4Siarls. ~ ~r~ 1~ . OC G .~ i4 r?aQin crJ~S d~f'-C -t~c~ d~cY i/If _ 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.) 15. What amount do you claim from the Cit of D/ ubuque? ~ Z.Z~~s. ?ids ~I~~SL k'L ~GC~iC~ in~/OICe 16. Why do you claim the City of Dubuque is responsible? /'/c4sc scc ~h t~A~r,c-c4/' ZOOZ W hhCc.G~ 4 Sir-~i~4r' inddc~ 1n 1,~, -"'!~ I /3 G G l ~% GG~ G - LI / /1 DU r 1^rK,,cC ~~ c.Jahn k/~~ ~ol %n -'t.~G i r ~l rtG . u o /'?G~G -'~ji s ~ .. - . _a~1t~(r -v• k/.° /,G1~ `J~4 ~!' ~ip,MGgC, 17. Have you made any claim agains~anyone else for damages as a result of J this ingident? (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 this ~ day of ~fu~te.i`~ , 2f~ 7 (Sigryat~Gre) L~LE GILL/A~~T (Print Name) Mr. John Klostermann City of Dubuque Public Works Dept. Street and Sewer Maintenance Supervisor 925 Kerper Ct. Dubuque, IA. 52001 Dear John: On January 21, 2002, we experienced a sewer backup in the basement of our residence at 1300 Tomahawk Drive. Molo Plumbing and Heating cleared the drain at a cost of $144.16. As you may recall, I contacted your department shortly thereafter, and, upon inspection, your people discovered a "root ball" in the city's main line, which they cleared, much to our appreciation. I believe that they also observed additional roots near our connection with the city line. Having been advised that we would be responsible for clearing those roots, on January 29, 2002, we had Mr. Rooter remove those roots at an additional cost of $247.07. At the time of your department's involvement, it is my recollection from conversations with you that the city would be installing a "liner" in the city line, thus alleviating concerns of any such problems in the future. Having been informed of the installation of the "liner", we were content with that result and saw no need to address the cost incurred by us, which totaled $391.23. Unfortunately, on May 18, 2009, we experienced a similar situation in our basement. Having assumed that the city line had a "liner" in it, I called Total Plumbing and Heating and had our line cleared at a cost of $342.40. Shockingly, further backup occurred just two months later, on July 28, 2009. Again assuming that the city line had a "liner" in it, I contacted Mr. Rooter because I knew that they had a camera. Large amounts of roots were observed near our lateral's connection with the city line. We again had our line cleared at a cost of $503.96. It was further recommended that a partial repair be done to our lateral line because we continued to assume that there was no root activity in the city line due to the presence of the "liner". As a result, we had McDermott Excavation and Total Plumbing and Heating do the repair, this occurring on or about August 18, 2009. A significant root was removed by Don Jacquinot from the area where our lateral line enters the city line. Don also observed roots in the city line, but was unable to remove them. It was apparent that the source of the roots in both lines was an oak tree on Teri and John Goodmann's property just to the north of the city line, our line being to the south of the city line. We again paid the cost of repair, this time in the amount of $1,400.00. Ironically, on the very day that I made the payment, August 25, 2009, your crew was present in our court checking the city line. Ron Gulyash advised me that they had observed significant root activity in the city line, and noted that there was root blockage near the Goodmann's lateral. When I expressed my surprise at the discovery, observing that the "liner" should have prevented this activity, I was stunned to find out that no such "liner" had been installed. This was extremely disappointing news, since, had I known this all along, my first call would have been to your department when the problems resurfaced. To our financial detriment, we relied upon the assurance that a "liner" had been installed seven years ago, only to find out otherwise. Additionally, and on a more personal note, due to this unexpected expense, my wife and I felt compelled to cancel a trip celebrating our 30th wedding anniversary. The total cost incurred by Pat and myself as a result of the root damage since May 2009 is $2,246.36, not to mention the anxiety involved and the cleanup by the two of us. Copies of the pertinent invoices are enclosed. We sincerely believe that the city should reimburse us for the expenses sustained as a result of the failure to install the "liner". We relied in good faith and to our detriment that the problem had been addressed in 2002. We believe that the interests of fairness merit such a resolution. We appreciate your consideration of this request and look forward to hearing from you at your earliest convenience. Sincerely, ~ ~/z ~ /a4 P t ' is and Lyle Galliart 1 0 Tomahawk Drive Dubuque, IA. 52003 Home Phone: 583-6983 Lyle's Work Phone: 589-4470 '~ _~~ Cser' ~~ • YC~9 5 MAIN STREET DUBUQUE, IOWA, IA 52001 81LL TO LYLE GALLIART 1300 TOMAHAWK DR DUBUQUE IA 52003-7878 Invoice DATE INVOICE # 8/21 /2009 17322 REFERENCE # TERMS DUE DATE SEWER LINE NET 10 8/31/2009 QUANT... DESCRIPTION PRICE EACH AMOUNT PRICE PER QUOTE: REPAIR SEWER SALES TAX 1,308.41 7.00% 1,308.41T 91.59 TOtal X1,400.00 Phone # Fax # Balance Due $l,aoo.oo 563/556-2394 563/583-7067 ui a z w W J a ~ ,~ a ~ ui a Q ~ ®~ a Z 0 U yV T~ T' w 4 C+! !f3 O r ~ ~ ~ ~ L{~ ~ ~ c~ ~.. ~ t~ Z m 7 ~ J a . ~ ..'~' ~ i5~ lT" c~..,, ~ ~ ~ _i r ~ ' ~ ~ © ! ~ ,.... T cfr ~ ~ ~r ~ I ~ I ~ Hq d Q i} ~.1 ` -~:1 ~ C C N is ° 1~ ~ • \\\ ¢ ` -~ N ~ N ~ d N C L . ' ~~ C ~ C ~ C ~ . . . = U m a i ~ i a ^ a i D 3 0 N U • ^ ^ ^ C O ~ C ~ N N N V O ~ ~ ..,~ ~ ~,... O O O R o. `i '~y"- ~ 1 • ~ ' i ce' . 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DESCRIPTION PRICE EACH AMOUNT 1 PLUMBING MACHINE 100.00 100.00T 2 CORY 65.00 130.OOT 2 NATE 45.00 90.OOT SALES TAX 7.00% 22.40 Tota I $342.40 Phone # Fax # Balance Due $342.40 563/556-2394 563/583-7067 •~ now v~~wa+~~ev ~//''~~ `J ts-~ • ~ W U Q a ~ Q H Z O W U O z N C!i LC} C~i C? ~ O ~~~ ~ ~~ 0 ~ ~ Q.~ v J J ~ ~ ~ ~ ~. ~ ' ~ ~ r ~ • J \ ^ V ~ F J W ~ J J tJ yl r• ~`^' S/` -/ ~ W Z m ~ ,. ~ ¢ ¢ E f } r r -. ~ Z ¢ w w ~ w~ z a o ~ ~S ~ a ~ O ~ a O U ¢ J n ~ ~ ~ :~ `~~ ~ ~ ,~ . ~ ~} &9 F ffl ffl Ef} ' ~ W 6 3 ~; J W a < ¢ z Nt OFU N ~ ~ \ n, ~ ~ 4y U a W ~ ^ Q s ai vUi~amcYiwi p a cJi n ~. ~ a_aa¢~ xxUa Um HO _ W ~ 0, •~ F • ~ ~~~~~000 ~ V z X ~ a w~~W} ~ ~ ~ ~ ¢ woN~O n J1 { z z z z O o U ~WWUD Q ~ J J J J =w pwpp~ w~=o¢ r U ~ U ~ U D U ~ = ~~~ W ~[Cmu.O ~ O O ~ ff? 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Box 719 Dubuque,lA 52004-0719 Phone :(319) 557-8755 Bill To: LYLE GALLIART 1300 TOMAHAWK DUBUQUE, IA 52003 Invoice Invoice No: PS25255 Invoice Date: 01/28/2002 Page Number: 1 Service: LYLE GALLIART Location 1300 TOMAHAWK DUBUQUE, IA 52003 Work O_rder_I_D _ _ Com~lete_Date PO_Num__b_e_r _ Terms ----- - 020129-005 01 /21 /2002 _ _ Net 30 C Description Of Work UNPLUGGED DRAIN USING LARGE DRAIN MACHINE. THANK YOU FOR YOUR PATRONAGE. Called In B Item ID Unit Description Date Price Amount 002:00 REG Louis Wiederholt 01 /21 /2002 $48.00 $96.00 Subtotal $96.00 Other Charges/Credit 1 LARGE DRAIN MACHINE CHARGE 01/21/2002 $40.00 $40.00 Subtotal $40.00 Invoice Subtotal $136.00 Sales Tax 8.16 Invoice Total 144.16 Payment Received .00 i-iGiaii~e i1'~a~Y $~~4•~~