Claim by Brian and Tracy GallagherTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
To: Mayor Roy D. Buol and
Members of the City Council
DATE: May 17, 2012
RE: Claim Against the City of Dubuque by Brian and Tracy Gallagher, filed by
Attorney Benjamin Roth
Claimant Date of Claim Date of Loss Nature of Claim
Brian and Tracy 05/16/12 02/16/12 Property Damage
Gallagher
This is a claim in which claimants request due to the Water Distribution Division's failure
to follow up on its March 22, 2005 notice to former property owners of 2108 Jackson
Street for a water service line to be repaired within 14 days of the notice, that the City
reimburse claimants for the cost of claimants' repair to the water service line.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Mike Brekke, Water Distribution Supervisor
Les Reddick, Esq.
Benjamin Roth, Esq.
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
1400 UNrvEltsrry AVENUE, SUrrE D
DUBUQUE, IA .52001
James J. Roth*
Benjamin J. Roth
Emilie J. Roth Richardson**
All Attorneys Licensed in !owe
* Also Licensed in Wisconsin
** Also Licensed in Mots
May 9, 2012
City of Dubuque
Water Distribution Division
Municipal Services Center
925 Kerper Court
Dubuque, IA 52001
RE: 2108 Jackson Street /Gallagher
Dear Water Distribution Division:
Telephone: 563- 5574611
Facsimile: .563-557-9775
E-mail: BRoth @RothLawDbq.com
Please be advised that our office represents Brian Gallagher and Tracy Gallagher
regarding property they owned at 2108 Jackson Street, Dubuque, IA 52001. Mr. & Mrs.
Gallagher obtained title to the property on May 10, 2006. Mr. & Mrs. Gallagher recently sold
the property on a real estate contract on March 1, 2012. Prior to the sale, Mr. & Mrs. Gallagher
repaired a leak in the water service line to the property.
The City of Dubuque Water Distribution Division had prior involvement with the
property before Brian Gallagher and Tracy Gallagher owned it. On March 22, 2005, Ken
Massey, Water Distribution Foreman for the City on Dubuque Water Distribution Division, sent
a letter to Joseph T. Ede and Dawn R. Ede, who were the property owners at the time, providing
notification that a water leak had been found in the water service line at 2108 Jackson Street. A
copy of the letter is attached for your reference. The letter required a licensed plumber to repair
the water service line within 14 days of March 22, 2005. The repair to the water service line at
2108 Jackson Street was not made by Mr. & Mrs. Ede. No follow up by the Water Distribution
Division was made to ensure the water service line leak was repaired as required per its letter
and as per City Code.
The property was subsequently foreclosed on by Wells Fargo Bank N.A. who acquired
the property in the foreclosure action with Mr. & Mrs. Ede and held the property for
approximately eleven months then transferred the property to DLJ Mortgage Capital, Inc. on
February 22, 2006. DLJ Mortgage Capital, Inc. transferred the property to Bellstar Property
Investments, LLC on February 23, 2006. Bellstar Property Investments, LLC transferred the
property to Brian Gallagher and Tracy Gallagher on May 10, 2006.
0
—11
Following purchase of the property, Brian Gallagher and Tracy Gallagher learned of the
water service line leak. Brian Gallagher and Tracy Gallagher hired McDermott Excavating and
Jaeger Plumbing to repair the water service line leak on February 15, 2012. The amount Brian
Gallagher and Tracy Gallagher paid to repair the water service line leak was $3,451.00. A copy
of the invoice and Mechanic's Lien Waivers are attached for your reference.
Due to the Water Distribution Division's failure to follow up on its notice for the water
service line to be repaired within 14 days of March 22, 2005, failure to enforce repair of the
leak, and failure to require any of the subsequent property owners to make the repair, the water
service line leak eventually became Brian Gallagher and Tracy Gallagher's problem to resolve.
Brian Gallagher and Tracy Gallagher respectfully request that the City of Dubuque compensate
them for their damages in the amount of $3,451.00. Please contact me if you have any
questions or concerns. I look forward to working towards a resolution. Thank you for your
attention to this matter.
BJR/jmb
Enclosures
Copy to:
Brian Gallagher and Tracy Gallagher
Sincerely,
Benjamin J. Roth
Page 2 of 2
Water Distribution Division
505 Adams Street
Dubuque, Iowa 52001
(563) 589 -4305 office
(563) 589 -4204 fax
3122/2005
Joeseph T. & Dawn R. Ede
2108 Jackson St.
Dubuque, IA 52001
RE: Water service line leak at 2108 Jackson St.
Dear Customer:
THE CITY OP
DUB E
ECDPV
The Water Distribution Division of the City of Dubuque has found the water service
line leaking at the above address. This leak is between the water main in street and
water meter in building.
All water service laterals are privately owned and maintained by the property owner
as per the City of Dubuque Ordinance, Section 44 -168 A & B, Please complete the
Water Service Line Leak Form attached and mail or fax (563) 589 -4204 this form to
Water Distribution office. A licensed plumber must perform this repair within 14 days of
this letter,
Thank you for your prompt consideration in this matter. If you have any questions or
comments please contact us at (563) 589 -4303.
Sincerely,
Ken Massey
Water Distribution Foreman
Attachments
City Of Dubuque Ordinance, Article Three Water 44 -168 A & B
Copy of Water Service Line Leak Form
cc: Kris Neyen, Housing & Comm. Development
Rich Russell, Building Services
Servlce People Integrity Responsibility Innovation Teamwork
TOTAL f . n2
10P 17
WAIVER OF MECHANIC'S LIEN
The undersigned, having furnished material or labor for, or performed labor upon, a
building or land for improvement, alteration or repair thereof, situated on or being real estate
described as:
Lot 49 in L.H. Langworthy's Addition in the City of Dubuque, according to the recorded plat
thereof
(2108 Jackson Street, Dubuque, Iowa)
For and in consideration of the sum of Three Thousand Four Hundred Fifty -One and
0 /100 Dollars ($3,451.00) and other valuable consideration, the receipt of which is hereby
acknowledged, does hereby waive and release any and all Liens, and rights or claim of rights to
file and establish a mechanic's lien against the above described premises, for material furnished
or labor performed through the 16th day of February, 2012.
Words and phrases herein shall be construed as in the singular or plural number, and as
masculine, feminine or neuter gender, according to the context.
Dated at Dubuque, Iowa, this r�41- wi , 2012.
McDermott Excavating
By:
Name & Title
MCDERMOTT EXCAVATING
14407 HWY 20 WEST DUBUQUE, IOWA 52003 -9709
General Excavating
Residential • Commercial • Industrial • mucking • Demolition
563 -583 -4633
Fax: 563 -583 -5858
BILLTO: Brian Gallagher
28735 Crabtree Road
Cuba City, WI 53807
INVOICE
PROJECT 2108 Jackson Street, Dubuque, Iowa
DATE: 2 -16 -2012
INVOICE # 12047
P.O. #
DATE
HOURS
DESCRIPTION
RATE
AMOUNT
02 -15 -12
Completed as Agreed:
Furnish machine, trucks, labor and
material as needed to replace water
service line per.McDermott Proposal
dated 01 -01 -12
LS
$3,101.00
Temporary patch city alley with permanent
patching done in the Spring of 2012
Add
350.00
0(
i 4
,
Ti
@ LL)) I7
SERVICE CHARGE of 1% per month 30 days after billing date.
TOTAL $3,451.00
WAIVER OF MECHANIC'S LIEN
The undersigned, having furnished material or labor for, or performed labor upon, a
building or land for improvement, alteration or repair thereof, situated on or being real estate
described as:
Lot 49 in L.H. Langworthy's Addition in the City of Dubuque, according to the recorded plat
thereof
(2108 Jackson Street, Dubuque, Iowa)
For and in consideration of the sum of $7O2, 09 and other valuable
consideration, the receipt of which is hereby acknowledged, does hereby waive and release any
and all liens, and rights or claim of rights to file and establish a mechanic's lien against the above
described premises, for material furnished or labor performed through the 16th day of February,
2012.
Words and phrases herein shall be construed as in the singular or plural number, and as
masculine, feminine or neuter gender, according to the context.
Dated at Dubuque, Iowa, this d2 r -:1_1 012.
aeger Plumbin
Name & Title
FAX COVER SHEET
City of Dubuque
Water Distribution Division
925 Kerper Court
Dubuque, Iowa 52001
Phone: 563 - 589 -4305
Fax: 563- 589 -4204
THE CITY OF
DUB E
To: � ,��/IJ�� S�
From: 0-f-f T/ 'm A /1 ZeA �i�
FAX #:
Subject: 2
Date:
Pages: Page(s), including this cover sheet
COMMENTS:
TI-IE CRY OF
DUB E
Water Distribution Division
925 Kerper Court
Dubuque, Iowa 52001 -2405
(563) 5894303 office
(563) 589 -4204 fax
(563) 690 -6678 TDD
www.cityofdubuque.org
May 16, 2006
Brian Gallagher
2108 Jackson St.
Dubuque, IA 52001
RE: Water service line leak at 2108 Jackson St.
Dear Customer:
The Water Distribution Division of the City of Dubuque has found the water service
line leaking at the above address. This leak is between the water main in street and
water meter in building.
All water service laterals are privately owned and maintained by the property owner
as per the City of Dubuque Ordinance, Section 44 -168 A & B. Please complete the
Water Service Line Leak Form attached and mail or fax (563) 589 -4204 this form to
Water Distribution office. A licensed plumber must perform this repair within 14 days of
this letter.
Thank you for your prompt consideration in this matter. If you have any questions or
comments please contact us at (563) 589 -4303.
Sincerely,
./Ze
Ken Massey
Water Distribution Foreman
Attachments
City Of Dubuque Ordinance, Article Three Water 44 -168 A & B
Copy of Water Service Line Leak Form
cc: Kris Neyen, Housing & Comm. Development
Rich Russell, Building Services
Service People Integrity Responsibility Innovation Teamwork