Claim Response Maquoketa Valley Electric Coop
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BAR R Y A. L I N D A H L, ESQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
,I:
TO:
Mayor Terrance M. Duggan and
Members of the City Council
t~,
DATE:
November 17, 2005
RE:
Claim against the City of Dubuque by Maquoketa Valley Electric
Cooperative
Claimant
Date of Claim
Date of Loss
Nature of Claim
Maquoketa Valley
Electric Cooperative
11/14/05
10/29/05
Property Damage
This is a claim in which the claimant alleges that a transformer pole owned by
Maquoketa Valley Electric Cooperative was damaged while an employee of the Dubuque
Metropolitan Area Solid Waste Agency (DMASWA) was clearing the trees on DMASWA's
property.
According to the report of Don Vogt, Public Works Director, the Landfill Supervisor was
bulldozing trees along an old fence line when he struck and destroyed the power pole,
which was screened from his low position by the cedar trees immediately in front of him.
It is therefore the recommendation of Don Vogt to approve this claim for the amount of
the submitted invoice of $716.23. The Legal Department concurs with this
recommendation.
SAUls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Don Vogt, Public Works Director
Maquoketa Valley Electric Cooperative
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
'r>IBCIn'OF ~
DUB E
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MEMORANDUM
November 16, 2005
TO: Barry A. Lindahl, Corporation Counsel
FROM: Don Vagt, Public Works Director ~
SUBJECT: Claim Against the City from Maquoketa Valley Electric Cooperative
INTRODUCTION
The purpose of this memorandum is to recommend a course of action regarding the
claim filed against the City of Dubuque by Maquoketa Valley Electric Cooperative
(MVEC).
BACKGROUND
The claim submitted by MVEC contends that one of its power poles at the DMASWA
Landfill was knocked over by a City bulldozer operator on October 29th.
DISCUSSION
The facts of the matter, as cited in the claim, are correct. Tom Driscoll, the Landfill
Supervisor, was bulldozing trees along an old fence line when he struck and destroyed
the power pole, which was screened from his low position by the cedar trees
immediately in front of him.
ACTION STEP
The dollar amount noted by MVEC on the original, submitted claim form stated $554.83,
However, after contacting the accountant for MVEC, he verified the amount being
claimed should be the amount on the attached MVEC invoice of $716.23, I therefore
recommend approval ofthis claim for $716.23.
Attachments
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DUBUQUE COUNTY LANDFILL
CITY CLERK
50 WEST 13TH STREET
DUBUQUE IA 52001
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P,03/03
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. Maquoketa Valley Electric Cooperative
A Touchstone Energy" Cooperative ~
109 North Huber Street. P. o. Box 370. Anamosa, Iowa 52206~37C
800-927-6068.319-462-3541. www.mVQc.com
11/4/2005
Os,.,
$ 335.50
$ 135.40
$ 245.33
WOrl< Droor
REPLACE 35 FOOT, CLASS 6, A-5 TRANSFORMER POLE
BROKEN BY MEMBER CUTTING TREES:
$ 716.23
LABOR:
TRANSP.
MATERIAL
THANK YOU.