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Claim Boothby, Linda - J.BitterJoseph J. Bitter* Thomas A. Bitter · Also licensed in Illinois Client parking in rear BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE, IOWA 52001-6940 Office: 563-588-4608 Fax: 563-588-0103 June 9, 2003 Residence Joe: 563-582-1768 Tom: 563-582-7545 TO: The Honorable Mayor and Members of the City Council City of Dubuque City Hall 50 West 13th St. Dubuque, IA 52001-4864 NOTICE OF CLAIM © Linda Boothby, 2764 Central Avenue, Dubuque, Iowa, 52001, hereby makes claim against the City of Dubuque for damages to her residence at the above address. The City of Dubuque has a current street project under,ray for repairing or replacing White Street behind the B0othby residence. In the process of making the repairs and improvements, the City of Dubuque cut the Boothby sanitary sewer line, and then repaired the street and the concrete surface, forgetting to hook the Boothby residence back up. Linda Boothby and her visiting guests learned the hard way that the City had not hooked her up to the sanitary sewer. As a result, raw sewage poured into the lower level of the Boothby residence, causing significant damage, requiring repairs, clean up, and considerable stress and anguish to Linda Boothby. Before all the damage is repaired, the damages could be in the sum of $10,000.00 or more. Claim is hereby made. The City of Dubuque has acknowledged their fault and has agreed to pay some ofthe bills, but not all of them. Linda Boothby has expended considerable personal effort and should be reimbursed for this, and she has incurred a bill for $58.65 from Americlean Carpet Cleaning Co. which the City has not paid. Americtean Carpet Cleaning Co. will be back again to do additional clean up work. A copy of the bill is attached. Before the City acknowledged its responsibility, Linda Boothby incurred a debt with Steve's Ace Hardware to rent an auger to attempt to clean out the sewer and the bill was $34.03. This did not accomplish the desired result and so she rented a second auger at a charge of $42.80. Linda Boothby then rented a larger auger from the Washington Street Tool Library and it did not accomplish the desired result. It was not Until afterward that the City acknowledged that they had made a mistake and that the sanitary sewer line which was cut had never been restored. The Honorable Mayor and Members of the City Council June 9, 2003 Page 2 It will be some time before the entire cost and expenses and other damages are known. Meanwhile, Linda Boothby should be entitled to compensation for the time and effort that she spent in attempting to clean up the damages. As indicated, the damages have not yet been fully assessed and the house is by no means restored to normal. The carpet in the lower level was under water, and it was backed up sewage, and it will not be known whether this carpet can be salvaged until it has been cleaned a second time. The carpet was almost brand new at the time the backup occurred. The incident was first discovered on May 27, 2003. Very truly yours, Jo JJB/km(6) Enc. cc: Linda Boothby & AMERICLEAN POWER VAC. 901 Rockford Road SW · Cedar Rapids, Iowa 52404 Cedar Rapids Waterloo iowa City Dubuque (319) 362-0604 (319) 233-8144 (319) 354-4577 (319) 582-2646 1-800-716-0604 To: Linda Boothby 2764 Central Dubuque IA (563) 588-4054 5~29/2003 9:00 am Work Location: I_[nda Boothby 2764 Central Dubuque IA (553) 504-922O Bed. Clean & Deo Disinfect Cleao carpet in bedroom upstairs 24.99 1 Clean & deodorize carpet in laundry ~0_ _m. ~m previous ~te[.damage @.20 per -------- D'{sif~f'e~ ~arpet in laundry room @ .12 per MEASURE 24.99 CAUTION: Until carpets are completely dry. you musl exercise extreme care when stepping onto hard surface Eoors so that you do not slip and fall. ! he y ac I e the satisfactory corn on of all ervig~s - - CUSTOMER SIGNATURE Charges outstanchng over 30 days from the date of service are subjecI to a 1 1/2% finance charge per month or annual percentage rate of I 8%. G r£ME · S 201~ ?~S 05/88/83 8:56AM #~56339~ ~0 :RENTAL CONTRACT Steve,s __,~k'~, Hardware [Rental Contract Numbe~ I Garden. center 0 0/~- 7 ~ ~ ! ZO ,' oo I ~:o0 J IF EQUIPMENT DOES NOT Store Hours: 8:00 A.M. - 9:00 P.M. Monday - Friday A CLEANING CHARGE FUNCTION PROPERLY, 8:00 A.M. - 5:00 P.M. Saturday WILL BE MADE ON NOTIFY US IMMEDIATELY 10:00 A.M. - 4:00 P.M. Sunday ITEMS RETURNED UNCLEAN Customer ~ i ~ ~ r ~ Dr'~e~er~¢~1,/'~. ~, * : ' : ,~me/F~meRe~JDate/~ eRe meal Model Or Sen. Numar Renal ~me I acknowledge r~eipt in g~d order~of ~:~em(s) r~*and'~ I have read and agr~ to all terms of this renal c~t~¢t. Your' signature below ~n~t~es your agr~ment to all of ~e te~s a~% ..; conditions of this~contra~ including those on the reverse side.:~ Remer Signature ~,/~ ) ~ ~/ ~ ~ .... - HUE 8813 CENTRAL ,~p ~EPOSITS 188.1~8 TAX EX RE5~ RENTAL 188' ELEC flu 4B.88 BISCEX SL~BTOTAL 1~. 88 IAXSi 8,57 TOTAL ~ ,~ 1~5.37 Steve's Hardware &. Garden Center 2013 Central Avenue · Dubuque, Iowa 52001 Phone: 563/588-9755 · Fax: 563/588-9803 RENTAL CONTRACT Date/Time Returned Qty. I Vlode[ Or Sedal Number tern :~ented Min. Day Day 1/2 Day Or Overnight ~_~ Day iF EQUIPMENT DOES NOT Store Hours: 8:00 A.M. - 9:00 P.M. Monday - Friday A CLEANING CHARGE FUNCTION PROPERLY, 8:00 A.M. - 5:00 P.M. Saturday WILL BE MADE ON NOTIFY US IMMEDIATELY 10:00 A.M. - 4:00 P.M. Sunday ITEMS RETURNED UNCLEAN X X XuZ~