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)