Claim of Don Herbst
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BARRY A. LINDAHL,
CORPORATION COUNSE
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MEMO
To:
Mayor Terrance M. Duggan
and members of the City Council
Date:
December 7, 1999
Re:
Claim of Don Herbst
Claimant
Date of Cla~ Date of Loss Nature of Cla~
Don Herbst
11/16/99 10/14/99 vehicle damage
This is a claim for damages to the claimant's truck, which it
sustained when it dropped into a 10" hole in the street near a
catch basin on Kaufmann Avenue.
According to the report of John Klostermann, Street\Sewer
Maintenance Supervisor, the City became aware of a problem with
this sewer following the May 16, 1999 rain storm. Thus, when this
incident occurred, on October 14th, the City did have actual
knowledge of the problem. Mr. Klostermann notes that although he
was aware that the problem called for a repair, due to additional
work associated with the storm, the repairs were not made in time
to prevent the October 14th incident.
It is therefore the recommendation of the Legal Department
that this claim, in the amount of $894.82, be paid by the Finance
Director and submitted to ICAP for reimbursement.
BAL/cg/Attachment
cc - Mr. Don Vogt
cc Mr. John Klostermann
cc Mr. Don Herbst
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e-mail balesqtWll1wci.net
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Operations & Maintenance
Department
925 Kerper Blvd.
Dubuque, Iowa 52001-2338
Phone (319) 589-4250
FAX (319) 589-4252
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December 2, 1999
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
In this letter I will respond to the claim filed by Mr. Don Herbst on October 19th, 1999.
On October 14th I received a call from Mr. Herbst and inspected the water intake and in
front of 891 Kaufmann. I found a washout along the asphalt gutter in front of the water
intake. I also inspected his vehicle and found that the damage to his vehicle was
consistent with his claim,
After the May 16th rain event I noticed that several intakes along Kaufmann Avenue
had defects that would need repair. However, due to the additional work associated
with the storm, these inspections and repairs were not made prior to this incident.
It is my recommendation to pay the claim based on my actual prior knowledge of this
defect.
Sincerely,
~~I~rrnann
Street/Sewer Maintenance Supervisor
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