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Claim Response Mess, JamesBARRY A. LINDAHL, ESQ. CORPORATION COUNSEL, CITY OF DUBUQUE MEMO TO: DATE: RE: Mayor Terrance M. Duggan and Members of the City Council October 10, 2003 Claim Against the City of Dubuque by James Mess Claimant Date of Claim Date of Loss Nature of Claim James Mess 09/22/03 09/11/03 Towed Vehicle This is a claim in which the claimant alleges that his vehicle was wrongfully towed when it was parked on Johnson Street while Garfield Avenue was being repaired. According to the report of Mike Koch, Public Works Director, this claim relates to the 2003 Asphalt Paving Project that is being done by River City Paving. The claimant alleged that "No Parking" signage was not posted when claimant parked on Johnson Street (an adjacent side street). Based on Mike Koch's discussions with the City Inspector, the signs for Johnson Street were not posted by the contractor within the 24-hour requirement. Although the contractor was in error in not placing the signage with sufficient notice, the vehicle should not have been towed. It is therefore the recommendation of Mike Koch to approve this claim in the amount of $53.15. The Legal Department concurs with this recommendation. BAL:tls CC: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Mike Koch, Public Works Director Klm Wadding, Chief of Police James Mess SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org CITY OF DUBUQUE, IOWA MEMORANDUM October 10, 2003 TO: FROM: SUBJECT: Tracey Stecklein, Legal Department Michael A. Koch, Public Works Director,~l.~, V.~,~?,'.'["~ "~", .. Claim Against the City of Dubuque by James Mess This claim relates to the 2003 Asphalt Paving Project (Fiscal Year 2004) that is being done by River City Paving, Division of Mathy Construction, for the resurfacing of Garfield Avenue. The claimant has indicated that "No Parking" signage was not posted when he parked on Johnson Street (an adjacent side street). Based on discussions with the City Inspector, the signs for Johnson Street were not posted by the contractor within the 24-hour requirement. Although the contractor was in error in not placing the signage with sufficient notice, the City Police Department should not have towed the vehicle in question. It is my opinion that the City Police Department should therefore be responsible for the towing cost. If you have any questions and/or need further assistance, please call me at (563) 589-4270. MAK/vjd cc: Klm Wadding, Police Chief Mike Felderman, PE Attach.