Claim Response Seay, Randy
BARRY A. LINDAHL,
CORPORATION COUN EL, CITY OF DUBUQUE
MEMO
To:
Mayor Roy D. Buol and
Members of the City Council
DATE:
February 21, 2006
RE:
Claim against the City of Dubuque by Randy Seay
Claimant
Date of Claim
Date of Loss
Nature of Claim
Randy Seay
02/10/06
01/25/06
Property Damage
This is a claim in which the claimant alleges that his refuse can was damaged by City of
Dubuque refuse crew.
According to the report of Paul Schultz, Solid Waste Management Supervisor, claimant's
referenced refuse can was damaged during regular crew handling. However, Mr. Schultz
states that the refuse crew alleged that claimant's refuse can was made of a less
expensive, hard plastic unsuitable for normal solid waste handling for Dubuque's climate.
It is Mr. Schultz's recommendation that this claim be approved for $10.00, although he
would advise the claimant to purchase a more suitable, sturdier refuse can. The Legal
Department concurs with this recommendation.
BAUls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
Randy Seay
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MEMORANDUM
February 17, 2006
TO:
Barry A. Lindahl, Esq., Corporation Council
Paul F. Schultz, Solid Waste Management supervisor~
Claim of Randy Seay ,
FROM:
SUBJECT:
The claim and estimate of approximately $10.00 is approved as filed.
From my conversation with the refuse crew, the referenced refuse
container was damaged in normal crew handling on January 25, 2006. The
container was alleged by the crew to be made of a less expensive, hard plastic
and of a brand that has proven to be unsuitable for normal solid waste handling
in our climate.
City ordinance Section 40-18 (b) requires that containers used for solid
waste disposal must be "suitable", "sturdy" and may be "plastic containers which
do not become brittle in cold weather".
I would recommend the approval of the claim for approximately $10.00 if
the customer would purchase and use a suitable higher quality container that is
sturdy enough for the heavy-duty application of solid waste handling especially
in colder weather.