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Robert Papenthien Claim BARRY A. LINDAHL, CORPORATION COUNSEL .. To: Mayor Terrance M. Duggan and members of the City Council (") a ',:::) f". i- (') CJ""'::::' f i =n c r; --D iTl , , r,.) :.J 'C (J'1 , , n , , .. :;; - ..,: --.. - C) rOil ( 0 (v COl ~. ~..) MEMO Date: September 21, 2000 Re: Claim of Robert Papenthien Claimant Date of Claim Date of Loss Nature of Claim Robert Papenthien 9/6/00 9/4/00 property damage This is a claim for damages to the claimant's property and for reimbursement of Roto-Rooter expenses, both of which were incurred as a result of a sewer backup at his home on Mt. Pleasant Street. Under Iowa law, a city is not the insurer of the condition of its sewers, and is only liable if it is negligent. The City's duty is to exercise reasonable care to keep its sewers free from defects. Before a city is liable for damage caused by a sewer defect, the city must have had actual knowledge or constructive notice of the defect, with sufficient time to have repaired it prior to the incident causing damage. Actual knowledge occurs when the city is actually aware of the defect; constructive notice occurs when the defect has existed for such a period of time that a reasonable person would have discovered it. According to the report of Street\Sewer Supervisor John Klostermann, his records do not indicate a history of problems with the line in question and it is his recommendation to deny this claim due to the lack of prior knowledge. The Legal Department concurs with his decision. BAL/cg/Attachment cc - Mr. Don Vogt cc Mr. John Klostermann cc Mr. Robert Papenthien 196 CYCARE PLAZA DU1\UQUE IOWA 52001 TELE 319583-4113 FAX 319 583-1040 e-mail balesq@mwci.net Operations & Maintenance Department 925 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 589-4252 ikr;~ ~~~ September 20,2000 Barry Lindahl Legal Department 50 West 13th Street Dubuque, IA 52001 Dear Barry: The purpose of this letter is to respond to the sewer claim filed by Mr. Robert Papenthien on September 6,2000. On September 4th, we were notified at 5:00 PM of a possible sewer problem with the line that serves Mr. Papenthien's home. A sewer crew arrived at 5:30PM and found that our main line was plugged. The line was opened and service restored in a short- period of time. It appeared that the cause of the blockage was a build up of grease. Our records show that we have no prior history of problems with this line and it is my recommendation to deny this claim due to the lack of prior knowledge. If you need any additional information concerning this claim, please contact me. Sincerely, ~ JOrf~ ~ ann . ~t::~~ewer Maintenance Supervisor J LKJvle '\ 'Service People Integrity Responsibility Innovation Teamwork