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Claim Response Martens, PaulaBARRY A. LINDAHL, E~- Corporation COUNSEl, CitY Of Dubuque M£MO To: Mayor terrance M. Duggan and Members of the City Council DATE: September 15, 2003 RE: Claim Against the City By Paula Martens Claimant Date of Claim Date of Loss Paula Martens 09/11/03 08/29/03 Nature of Claim Property Damage This is a claim in which claimant alleges that her garbage can was damaged by City of Dubuque Operations & Maintenance employees during collection. According to the report of Paul Schultz, Solid Waste Management Supervisor, claimant's refuse container was damaged during normal crew handling. Mr. Schultz states that the handle appeared to be broken in the process of lifting and dumping the container, which wouldn't require excessive force on a lower-grade plastic container that is not suitable for the heavy-duty application of solid waste handling. It is therefore the recommendation of Paul Schultz to approve this claim in the amount of $20.00. The Legal Department concurs with this recommendation. BAL:tls cc: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Paul Schultz, Solid Waste Management Supervisor Paula Martens SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET CITY OF DUBUQUE, IOWA MEMORANDUM September 12, 2003 TO: FROM: SUBJECT: Barry A. Lindahl, Esq., Corporation Council Paul F. Schultz, Solid Waste Management Superviso~l~/~ Claim of Paula Martens The claim and estimate is approved as filed. From a conversation with the refuse crew and the photo taken, the referenced refuse container was damaged in normal crew handling. The handle appeared to be broken in the process of lifting and dumping the container. Excessive force is not required to lift and break a handle on a lower-grade plastic container that is not suitable for the heavy-duty application of solid waste handling. The customer's container was made of a less expensive, hard plastic and of a brand that has proven to be unsuitable for normal solid waste handling in our climate. City ordinance Section 40-18 (b) requires that containers used for solid waste disposal must be "suitable" and "sturdy, I would approve the claim for the $20.00 if the customer would purchase and use a suitable container that is sturdy enough for the heavy-duty application of solid waste handling.