Claim of Marlyn J. Langevin
,
DARRY A. LINDAHL,
CORPOR^TION COUNS~L
~
MEMO
To:
Mayor Terrance M. Duggan'
and members of the City Council
Dale:
February 16, 1999
Re:
Claim of Mar1yn J. Langevin
Cla~t Date of Claim Date of Loss Nature of Claim
Mar1yn J. Langevin 1/4/99 12/28/98 property damages
This is a claim for damages to the claimant's property that
allegedly occurred because of a sewer backup. According to the
report of Mike Koch, Public Works Director and City Engineer,
although the City had no prior knowledge of the existence of this
sanitary sewer lateral, he believes it was damaged as a result of
the City's work and, as a matter of fairness, the claim should be
paid.
It is therefore the recommendation of the Legal Department
that this claim, in the amount of $328.00, be paid by the Finance
Director and submitted to ICAP for reimbursement.
BAL/cg
Attachment
cc - Mr. Mike Koch
cc - Ms. Mar1yn Langevin
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CITY OF DUBUQUE, IOWA
MEMORANDUM
February 11, 1999
TO: Barry Lindahl, Corporation Counsel
FROM: Michael A. Koch, Public Works Director ~ KoJ( (9.,
SUBJECT: Marilyn J. Langevin Claim
This is in response to your January 5, 1999 request for background information on the
sanitary sewer back-up claim of Marilyn J. Langevin of 421 W. 3rd Street.
This sewer back-up was the direct result of the reconstruction of W. 3rd Street by
Portzen Construction as part of a City contract during the summer of 1997.
The sanitary sewer pipe in question, to the best of the City's knowledge is a privately
owned sanitary sewer lateral with services three separate properties on the north side
of W. 3rd Street. Prior to the project neither the City nor Portzen Construction had
any knowledge of the ex'istence of the sanitary sewer lateral. Apparently, during the
installation of City storm sewer in this area, damage was done to this lateral at one
location which has now been repaired. The City is also looking into whether there are
other sections of the lateral which also may have been damaged as a part of the City
project.
While neither the City nor the contractor had any prior knowledge of the existence of
the sanitary sewer lateral, I have difficulty in the City denying the claim, since the
private lateral was working properly before the City project, and was damaged as a
result of the City's work. As a matter of equity, therefore, 'I feel it is the Cityis
responsibility to approve the $328.00 claim of Marilyn J. Langevin for the damage to
the sanitary sewer lateral. As stated previously, there may be other sections of this
sewer line which were damaged as a result of this construction. 'I would, however,
await judgement on the responsibility for any damage to other sections of this sewer
lateral until any other damaged portions have been identified and investigated.
MAK/ksa
cc: Gus Psihoyos, Assistant City Engineer
Mike Felderman, Civil Engineer