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Claim Response Hallahan, RobertBARRY A, LINDAHL, E . CORPORATION COUNS F DUBUQUE MEMO TO: DATE: RE: Mayor Terrance M. Duggan and Members of the City Council December 16, 2003 Claim Against the City of Dubuque by Robert Hallahan Claimant Date of Claim Date of Loss Nature of Claim Robert Hallahan 11/24/03 11/18/03 Property Damage This is a claim in which the claimant alleges that City Operations & Maintenance crew jetted the City sewer line on Key Way on November 18, 2003, causing claimant's sewer line at his residence of 2145 Key Way to back up, resulting in water damage in claimant's basement. According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, Mr. Hallahan stated in his claim that he started having problems with his sewer on November 18, 2003 and notified police dispatch at 6:15 p.m. Police Di~s~patch Center records indicate that they received a call from claimant at 9:32 p.m. on the 18 , but have no record that the call was dispatched on. The Operations & Maintenance Department was notified on November 19, 2003. Crew responded and found that the City line was not plugged and informed Mr. Hallahan that he would need to clean his pdvate lateral connection. Operations & Maintenance records show that there is no history of problems with this line and have no record of the line being jetted on November 18th as claimed by Mr. Hallahan. It is therefore the recommendation of John Klostermann to deny this claim because the problem was not with the main sanitary line which serves Mr. Hallahan's home, but in his private service connection. The Legal Department concurs with this recommendation. BAL:tls cc: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk John KIostermann, Street/Sewer Maintenance Supervisor Robert Hallahan SUITE 330, HARBORVIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org Operations and Maintenance Department 925 Kerper Boulevard Dubuque, Iowa 52001-2338 (563) 5894250 office (563) 5894252 fax (563) 5894,193 TDD ops&nmint @cityofdubuque.org December 15, 2003 Barry Lindahl Corporation Counsel 50 West 13th Street Dubuque IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Mr. Robert Hallahan. In Mr. Hallahan's claim he states that he started having problems with his sewer on November 18th and notified the police dispatch center at 6:15pm. The record at the police dispatch center shows that they received a call from Mr. Hallahan at 9:32pm on the 18th, but have no record that the call was dispatched on. Our first notice of the problem was on November 19th when we received the call at the Operations and Maintenance Center. A crew was dispatched and found that our line was not plugged, and informed Mr. Hallahan that he would need to clean his private lateral connection. Our records show that we do have a history of problems with this line and we do not have any record that we jetted the line earlier in the day on November 18th as claimed by Mr. Hallahan. It is therefore my recommendation to deny the claim because the problem was not with the main sanitary tine, which serves Mr. Ha!!ahaffs home, but in his private service connection. If you need any additional information concerning this claim, please contact me.. Serv/ce People integrity Responsibility llmovafion Teamwork