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Claim by Neil PitmanTHE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL To: Mayor Roy D. Buol and Members of the City Council DATE: July 28, 2010 RE: Claim Against the City of Dubuque by Neil Pitman Claimant Date of Claim Date of Loss Nature of Claim Neil Pitman 07/27/10 07/23 & 07/24/10 Property Damage This is a claim in which claimant alleges that due to heavy rainfall which occurred on July 23 and 24, 2010, claimant's basement received approximately 12 inches of waste and water as a result of the city's sanitary sewer backing up on West Locust Street, which in turn caused the sewers to back up onto Rosedale Avenue. 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 Gus Psihoyos, City Engineer Bob Green, Water Department Manager Neil Pitman 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 / EMAIL tsteckle @cityofdubuque.org CLAIM AGAINST THE CITY OF DUBUQUE, IOWA 1197e) o'er This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The claim must be filed with the City Clerk at City Hall, 50 West 13 St., 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: Neil and Beth Pitman 2. Address: 1144 Rosedale Avenue 3. Telephone Number: 563 - 588 -0871, 563 - 580 -7668 4. Date of Incident: Friday, JuIy23rd and Saturday, July 24th 5. Time of Incident: 3 am — 11 am Friday and 4:14 am — 8:15 am Saturday 6. Location of Incident (Be specific): The basement of our residence, 1144 Rosedale Avenue. 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 the employee's name.): Our basement received approximately 12 inches of waste and water as a result of the city's sanitary sewer backing up on West Locust Street, which in turn caused the sewers to back up onto Rosedale Avenue. http: / /www.thonline.com /article.cfm ?id = 290140 8. What were weather conditions like? Thunderstorm /Rain 9. Give name and address of any witnesses: N/A V1 `GnLngna x31.10 S JGi0 A10 ZS :C Wd cz 1nr of 10. Did police investigate? (If so, give names of officers.) No. 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) No. 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.) Yes. Here is an itemized list of the damage and resultant monetary claims for this incident. • Purchased submersible sump pump and tubing in order to pump out basement before the City resolved the problem in order to keep water from rising any higher. o $157.14 • Deep freezer destroyed o $300.00 • Food in freezer destroyed o $250.00 • Clothing destroyed o $200.00 • Dehumidifier destroyed o $100.00 • Electric water heater destroyed o $300.00 • Christmas decorations destroyed o $50.00 • CDs destroyed o $300.00 • Paint damage to floor and walls o $200.00 • Lost wages o $158.30 • Labor o $750.00 13. What other damages do you claim, if any? None. 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.) No. 15.. What amount do you claim from the City of Dubuque? $2765.44 16. Why do you claim the City of Dubuque is responsible? This is the 3rd time that we have had a sewer backup result in water in our basement. We paid a very large assessment to the City of Dubuque have our street redone, including sewers. Numerous times the City of Dubuque has conceded that the problem with the sewer backing up on Rosedale originates on West Locust. The City of Dubuque has failed to maintain the sewer infrastructure adequately and has been negligent in their efforts to correct a known problem, therefore is responsible for this damage. The City of Dubuque has set precedent by admitting fault for previous sewer backups on Rosedale, settling claims for us for incidents that occurred July 18 2007 and April 25 2008. Both of these prior incidents were cases of heavy rainfall as well. 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) No. 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? N/A Dated this 27th day of July, 2010. (Signature) Neil Pitman (Print Name)