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Claim Miller Logging Sewer BkupBrian J. Kane Gary K. Norby Les V. Reddick* D. Flint Drake** Brad J. Heying Todd L. Stevenson* MaryBeth P£eiler Fleming Kevin T. Deeny All admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 May 2, 2003 Of Counsel: Louis P. Pfeiler Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: bkane ~kanen orbylaw, c om Mr. Bill Baum, Economic Director The City of Dubuque City Hall 50 West 134 Street Dubuque, IA 52001 RE: MILLER EOGGING, INC./SEWER BACK-UP Dear Bill: As we advised you when we briefly met at City Hall on April 22, 2003, there was a sewer break near 380 East 44 Street earlier this spring, apparently caused by the construction in the area. This ca'used sewage to back-up into our client's facility at 380 E. 44 Street. They incurred certain costs in connection with, remedying the situation. Enclosed please find an invoice from Willenborg Plumbing and Heating dated February 28, 2003 in the total amount of $995.34 as well as a letter from Mrs. Mary Miller, on behalf of Bill Miller Logging, Inc. dated April 21, 2003 showing time and expense incurred by Bill Logging, Inc. and its employees to address and clean-up the matter in the amount of $469.00. Our chent seeks $995.34 plus $469.00 reimbursement, for a total of $1,464.34, to make it whole because of this sbwer back-up which was not their fault and for which they have incurred expense. KANE, NORBY & REDDICK~ P.C. May 2, 2003 Page 2 If you have any questions, please do not hesitate to contact us directly. Please direct this matter to the appropriate City staff for reimbursement directly to Bill Miller Logging, Inc. Thank you. BJK:db Enclosure Copy To: Barry A. Lindahl, Esq. Bill Miller Logging Best regards, KANE, NORBY & RF/fD~I~CK, P.C. Bill Mffier Logging, Inc. 380 East 4~ St. Dubuque, IA 52001 Ph. 563-583-9441 Fax 563-583-8654 April 21, 03 Re: Sewage Back Up / 380 East 4m St. Received this billing from Willenborg Plumbing & Heating to unclog a sewage line. The toilets~would not flush in either bathroom. The plumber used a snake trying to clear the line, not knowing the line was severed during construction on Bell Street. Toilets had to 1~; removed and water was fomed into the sewage line, trying to clear it. Sewage started i :o back up into our office and shop area. My secretary had to sweep sewage water out the door, spent the mst of the day disinfecting and cleaning the floors and furniture. Floor mats had to be removed cleaned and dis/nfected in the wash bay Her shoes and jeans were disposed of becanse of sewage and bleack Carpels had to be shampooed twice because of the unpleasant odor. Enclosed is the billing in the amount of $995.34 from Willenborg Plumb/ng and Heating. Our expenses ~qual 15hrs. Labor ~ 20.00 300.00 Cleaning Supplies 29.00 Shoes & Jeans 140.00 If you have questions, call Willenborg's and ask for John. $469.00 Sincerely, SOLD TO:' Will, MILLER LOGGTN 380 E. 4TM ST DUBUQUE, IA 51003 INVOICE Plumbing & Heating, Inc. 1010 CEDAR CROSS ROAD DUBUQUE, IOWA 52003-7745 (563) 556-2134 FAX (563) 556-3753 2-28-03 DATE:. TERMS: DUE UPON RECEIPT OF NVO CE SERVICE CHARGE OF 2% PER MONTH (24% PER YEAR) ON ACCOUNTS 30 DAYS PAST DUE. MINIMUM CHARGE $1.00. MINIMUM I HOUR LABOR CHARGE 1-27-03 CLEANED L~N~ QTY DESCRIP'I'~0N TOTAL t~RGE ELECTRIC MACHINE 38.00 P~ESSURE J E-I-F 340.00 1 BOWL WAX 3.00 I SET OF ]OHNIE BOLTS 6.00 ! I MATERIALS 387.00 I-~BOR 12 552.00 HRS i SUBTOTAL 939.00 .~ TAX 56.34 TOTAL DUE 995.34 THANK YOU, · ],May.12, 2003;]; 4:27PM~ pMBARRY A LINDAHL, ESQ; F~ ~0. 583 582 531No.0826 OLAIMA~/.dNITTHI=¢IT~OFDUBUOU~IOWA 02/07 wrluen mpor~ oon~lltu~s your ;lalm a~in~t th~ Glty of Dubuque, Iow~. this form In lull ami ~ttach any additional Information that suppo~t~ your Y~ ehould Th, Claim muet I~ fli~i with the City Clerk at City Hall, 50 W, t:3~ St. Dubuque, IA 52001. it will then be referred by the Olty Council to the appropriate department lor Investigation, Once that investigation Is completed,, rupert and reeommehdation will be submltte0 to the City ¢OU~II, You will be provided wllh · copy of that report and recommendation. THE FINAl. DECISION ON ALL CLAIMS IS MADE BY THE ~ ~OUNCIL NO EMPLOYEE OF THE CiTY OF DUBUOUE HAS THE AUTHORITY TO MAKE ANY FIEPREIEIqTATION TO YOU A~ TO WHETHER ~OUR CLAIM WiLL OR WILL NOT BE PALS. ~. Addt'~s: 380 ~. 4~h ~t~ee~, Du%uque, IA 52001 ]. Te~phone Number=~ (563) ~3-~441 4, Date of lnoldent;_ 5.13me of Incident; 6. LoOatlonolll~ldent(~e~l~-~otfl¢): F,~s[ 0¢ 380..E. A~h $cre~, 9u_huque, IA 52001 7. DESCRIBE ACCIDENT OR OCCURRENOE THA~' CAUSED INJURY OR DAMAGE. (Give full detalia upon whioh you haae your claim. If a City employes was Involved, give the See a~;~ache8 c~rrespondence, . ...... What were weatha~ conditions like? 9. Give name and addrea~ of any wi'messes: 10. ~d ~ in~Uga~? ~ so, g~e ~mes of ~l~m.) 11, Was anyone InJu~red't (ti so, give names, addrasses~ and e..~tel~ of injuries). ~ ,personal in~ut~'i ~..A..R. LY .8...Ljj~DF~L:_E.S.a.: F~× NO. 563 5@2 53tN0,0826 P. 2/2 03/07 any damage dor~ to ~/"~;party? (1! so, d~rlbe prope~,ty?~l th~ extant ef damages, Attach ~,~tlmatam of dama9~ or describe basis for ~cortaining oxt~nt of dan,.~ge.) 13, Whatotherdamago"doyoucJall~lfafly? · NO~Le othe~ than on attachment heceCo~_. 14. Ha~ y~u been opmpansated for any part or "!1 of your ~lalm by any Insuranoe company? (If sO, give ,name end address of InsuTanoe c~mp,,ny and amount p~ld.) 15. What amount d~ y~u ;l.lm from the City of Dubuque? 16, Why do y~u olaim tim City of Dubuque is responelblo? See a~aehed, ,, .,, 17. Have you me{lo a~ny claim against anyone else for damagse aB a ~E of thin InMd~ (~ ~, give ~e ~ee ~t~che~, ' ...... . 16. If the answer to Question 17 ie ye~, have you re=~ived any payment ~rom that ~oume~ and if so, in what amo~unt? N/A Dated at Dubuque, IOwa this ~ day of ~ay. ' ,20' 03 . ($Jgrtllture)- (PdK Name) (Rev. 1/00 & 7/01)