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Bublitz & Stonskas Water Main Break Response Barry A. Lindahl, Esq. Corporation Counsel Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 (563) 583-4113 office (563) 583-1040 fax balesq@cityofdubuque.org D~B'&iuE ~Yk.~ May 3, 2005 Mayor Terrance Duggan and Members of the City Council City Hall- City Clerk's Office 50 West 13th Street Dubuque, IA 52001 RE: Bublitz and Stonskas ClaimslWater Main Break Dear Mayor and Council Members: Following the City Council meeting of April 4, 2005, when Ms. Bublitz and Ms. Stonskas requested that their claims for damage caused by a water main break on West Street, be reconsidered, I forwarded the files to Attorney Les Reddick who represents the City on behalf of the Iowa Communities Assurance Pool. Mr. Reddick has reviewed the files and has concluded that the City of Dubuque was not negligent in its maintenance of the water main. It is the recommendation of the Legal Department that the claims be denied. The option available to the claimants is to take formal legal action against the City if they choose to do so. cerely, \ Barry A. Lindahl, Esq. Corporation Counsel BAL:tls Enclosure cc: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Bob Green, Water Department Manager Les Reddick, Esq. Lois M. Bublitz Dianna Stonskas Service People Integrity Responsibility Innovation Teamwork Brian]. Kane Gary K. Norby Les V. Reddick* D. Flint Drake** Brad]. Heying Todd L. Stevenson* MaryBeth Pfeiler Fleming Kevin T. Deeny John D. Freund KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 Of Counsel: Louis P. Pfeiler All admitted in Iowa * Also admitted in Illinois ** Also admitted in Wisconsin Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: lreddick@kanenorbylaw.com April 22, 2005 Mr. Barry A. Lindahl Corporation Counsel Harbor View Place, Suite 330 300 Main Street Dubuque, Iowa 52001-6944 RE: BUBLITZ AND STONSKAS CLAIMSIW ATER MAIN BREAK Dear Barry: I have reviewed the investigative file in these two matters at your request for an independent opinion regarding potential liability. I agree that the City of Dubuque was not negligent in its maintenance of the water main at issue. On January 23,2005, a City water main broke at 2367 West Street causing water damage to homes owned by Bublitz and Stonskas that were located in the area. The water main at issue was installed in 1927 and had six breaks in the last 78 years, the most recent, prior to January 23,2005 was in November, 1985. The City did not have any notice of any problem with the water main in the intervening years and appears to have promptly responded to the break when it occurred. Absent notice of a defect or other reason for concern, it would be my opinion that the conclusion that the City of Dubuque was not negligent would be correct. Best regards. Very truly yours, KANE, NORBY & REDDICK, P.e. BY~ Les V. Reddick L VR/bmo cc: Ms. Brenda Snyder