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Claim of Charles H. Burkart ? . BARRY A. LINDAHL, E CORPORATION COUNSEL . MEMO 0 oJ:) \.0 O~- ::J:: :0 ::> C (') -< m u 0~ N 0 ,- 15 /, m C ,.,. :;p.. < CD v. -,.. 0 -- f11 )> ~ co 0 0- co N +" To: Mayor Terrance M. Duggan and members of the City Council Date: May 20, 1999 Re: Claim of Charles H. Burkart Cla~t Date of Cla~ Date of Loss Nature of Cla~ Charles H. Burkart 5/3/99 4/25/99 property damage This is a claim for reimbursement of cleaning expenses allegedly incurred as a result of a sewer backup at the claimant's home on Mineral 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 Maintenance Supervisor John L. Klostermann, the City has had problems with this line, but repairs have been made to improve the service. Based upon lack of any prior knowledge of the defect that gave rise to this claim, Mr. Klostermann recommends denial of the claim. The Legal Department concurs in that recommendation. BAL/cg Attachment cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Mr. Charles H. Burkart 196 CVCARE PI.AZA DUllllQIl" IOWA 52001 TELE 319 583-4113 FAX 319 583-\040 e-mail balesq@mwci.net r " . ( Operations & Maintenance Department 925 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 589-4252 DUB~E ~~~ # May 7,1999 Carol Gulick Legal Department 50 West 13th Street Dubuque, IA 52001-4864 Dear Carol: The purpose of this letter is to respond to the claim filed by Charles H. Burkhart. Our records show that on Friday, April 30th at 6:00PM we were notified by the police dispatch center of a possible sewer problem at 2565 Mineral Street. The crew arrived at 6:30PM and found that the main line that serves Mr. Burkhart's home was plugged. After several attempts to clean the line, it was determined that the line had collapsed and would require excavating to make the proper repair. A pump was set for the night to relieve basement flooding at 2565 and 2575 and restore service to all homes on this line. The line was dug and repaired on Saturday, May 1 st. In the past we have had a history of problems with this line, but repairs have been made to improve service. Our records show that the last call we had for service was in January of 1997 and that was due to a private service that was plugged. Therefore, it is my recommendation to deny the claim due to the lack of any prior knowledge of this recent pipe defect. If you need any additional information, feel free to contact me at 589-4250. Sincerely, ?h/uAfks~~ j/t,n Klostermann Street/Sewer Maintenance Supervisor JLK:vle Service People Integrity Responsibility Innovation Teamwork