Claim by David KlavitterMasterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
To: Mayor Roy D. Buol and
Members of the City Council
cc: Michael C. Van Milligen, City Manager
Marie Ware, Leisure Services Manager
David Klavitter
MEMORANDUM
DATE: December 27, 2010
RE: Claim Against the City of Dubuque by David Klavitter
Claimant Date of Claim Date of Loss Nature of Claim
David Klavitter 12/21/10 10/27/10 Property Damage
This is a claim in which claimant alleges that a City -owned tree fell into the front yard of
1090 West Third Street, damaging claimant's electric mast and meter, and downspout.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
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
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 13m St., Dubuque, IA 52001. It will then be referred
to the appropriate department for investigation and to the City Attorneys 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: David Klavitter
2. Address: 1090 West Third St., Dubuque, Iowa 52001
3. Telephone Number: 563 - 556 -5945 (home); 563 - 580 -5838 (cell)
4. Date of Incident: Wednesday, Oct. 27, 2010
5. Time of Incident: About 1:50 p.m. CT
6. Location of Incident (Be specific): In the front yard of claimant at 1090 West Third St. On the south side of
West Third Street.
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.)
A City of Dubuque -owned tree located in the grassy area between West Third Street and the sidewalk split,
part of which fell into the electric utility wires running overhead from the utility pole and the house. The
tree appeared partially rotted or damaged on its south side, where the split occurred. This damage likely
contributed to the tree falling during windy day.
The force of the tree yanked the electric, cable and telephone wires out of the claimant's home, tearing out
and damaging the electrical mast and meter, and a downspout. Live electrical wires were on the ground
and witnesses called the City of Dubuque non - emergency telephone number. Dubuque Fire and City
Forestry Departments, as well as Alliant Energy, responded.
Firefighters ensured the electricity to the house was completely off and protected the area as City Forestry
Division completely removed the tree down to the stump. Spoke with Firefighter Ludescher and City
Forester Steve Pregler, who were at the scene. Ludescher and Pregler were extremely courteous and
professional.
The electric mast and downspout were completely damaged and required replacement.
8. What were weather conditions like? Sunny and very windy.
9. Give name and address of any witnesses: #1) Kara Bunte, 1090 West Third St., Dubuque Iowa 52001; #2)
Ramona Klavitter, 865 Kirkwood St., Dubuque IA 52001
10. Did police investigate? (If so, give names of officers.)
Unsure if police responded or investigated. City of Dubuque Fire and Forestry personnel responded and
were on scene.
11. Was anyone injured? (If so, give names, addresses, and extent of injuries.)
No injuries.
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.)
The force of the tree yanked the electric, cable and telephone wires out of the claimant's home, tearing out
and damaging the electrical mast and meter, and a downspout. The electric mast and downspout were
completely damaged and required replacement. Cost to repair electrical mast and reconnect electricity
was $937.16 (Pfohl Electric) and cost to replace downspout was $245. (Top Notch Construction)
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? $1,182.16
16. Why do you claim the City of Dubuque is responsible? City -owned tree caused the resulting damage to
house, which required repairs. The tree appeared partially rotted or damaged on its south side, where the
split occurred. This injury likely contributed to the tree falling during windy day.
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?
Dated this day of Dew fir , 20 (b.
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(Signature) (Print
Name)
BILLING DATE
Oct. 28, 2010
12'
1
1
1
4
5'
1
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1
90'
4
3
1
1
1 lot
1 /2 tube
2
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265 E. 19 Street • (563) 583 -2131
Dubuque, Iowa 52001
Dave Klavitter
1090 West 3 St.
Dubuque, Iowa 52001
CUSTOMER ORDERS NO.
JOB SITE
1090 West 3` St.
Reinstall meter, mast, and panel feeder
1 1 /2" EMT
1 ' /2" EMT compression connector
1 1 /2" compression coupling
1 1 /2" weather head
1 1 /2" minnies
1 1 /2" PVC
1 1 /2" PVC terminal adapter
1 PVC LB
1 1 /2" locknut
2/0 XHHW
1 /4" x 1 1 /4" tapcons
Plastic anchors w /screws
200 amp meter socket
1 1 /2" Hub
Glue
Caulk
2 1 /2" — 1 1 /2" reducing washers
COMMERCIAL
RESIDENTIAL
INSTITUTIONAL
INDUSTRIAL
0
INVOICE 21825
NUMBER O J
Page
1
TERMS: 1 -1/2% INTEREST CHARGE ON
ACCOUNT AFTER 30 DAYS ANNUAL
PERCENTAGE RATE OF 18 %.
DATE WORK COMPLETED
10/27/2010
Material Cost
Electrician Service
Truck & Tool Cost
Subtotal
Sales Tax
TOTAL
22.94
2.21
3.07
10.40
3.67
2.68
.92
7.67
.62
386.46
1.61
.38
53.92
7.85
1.87
1.21
3.37
510.85
350.00
15.00
875.85
61.31
$937.16
TOP
r
C 2701 Rhomberg Ave. Dubuque, Iowa 52001 563 -583 -3536
Date: 12 -13 -10 Invoice# 0609
Customer: Dave Klavitter Job Downspout repair
Street: 1090 W.3" Cell #:
City /State/Zip: Dubuque , Iowa 52001 Work #:
Invoice for work completed: materials and labor for 3x4 downspout repair on house.
Mat. 14000
labor. 105.00
Terms : Net 30 Days - 1.5% charge on all past accounts over 30 days.
Sub: 245.00
Tax:
Total:245.00
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