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Claim Wagner, Robert L.CLAIM AGAINST THE CITY OF DUBUQUE, IOWA This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: 2. Address: ` 3. Telephone Number: 4. Date of Incident: 5. Time of Incident: 6. Location of Incident (Be specific): 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee’s name.) 8. What were weather conditions like? 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) 15. What amount do you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is responsible? 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa this day of , 20 . (Signature) (Print Name) (Rev. 1/00 & 7/01) 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 1//0 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining e)ltent of damage.) 1./12.5>' J) I "" Q C;~ c;.= F' I;} rr (.JGhFd ~. a01 Phn'Jn'S I~ 7 ~, , J, r-i1>DLi'il\/A--rIDW;~ o.c: Ct('.i... floi'Vrl 1 '. Ii' C; J IIIIJ 4TF~ , 13. What other damages do you claim, if any? .Tu .<<T ~ "E rl A)\? tl G- c. , To M r n (h~5 ~ R Nt( JII)1J. OW/Y OF;i(5oNIl- L JIM;::; ouT JiVri) G V~';Jl.l 'hi^,,! /NU L.".Fe! I '. , , ill) Th.16 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) 1\10 15. What amount do you claim from the City of Dubuque? NGr-ron It 13 L 8 ,r ho pF- , 16. Why do you claim the City of Dubuque is responsible? . -{f-..:~ H t+VlrFrt/r-: r-l. UJhf1\1 el'" U I ~J=: ..G'{ (:l F /Eo S'Jk>~f:I. 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) tJO 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated this 2> I ~d;' (Signature) R () b I::;' K r (Print Name) day of 0(', rODE K: of' L.l }-(7 '('1<<4) ).., IljAol\If=.R , 20 J2.../a.. eo:.'," ~.:-;. (6' '(,' . 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 11/0 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) y/3.5,'))""D<:F c;;=,::" 4Tra{~JIFd (',oDLf Phll'/a<; I 1 ~, / I , r-; j. D L ~ ,,/ A- -r 'DWe; c>'::; <: If ( f.... A /Ii r/ t '. ,:;- <: 'IN> 4rF~ . 13. What other damages do you claim, if any? ~~~ ~"b :t:~~~c To ~ nOt1~'i R~i'~ow/Y Cl~ iNn "II - ')J 1~1/Il.) G -El' ''"1 . liJ.$cI I " jllJ Th,li. 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) /I/o 15. What amount do you claim from the City of Dubuque? NGI=.-or'-ft R [8 J I hop~ , , 16. Why do you claim the City of Dubuque is responsible? . -rf-..:~ H r+VJrr=-(\/f.= rl UJhf1\1 c,r" ~J'SI(I:? ,:;=~ ">JP.:F-i. I 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) tJ{) 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated this 31 ~.. A.l; (Signature) day of 0('_ T 01:>E ~ rX. (~ ) (7 rfl4) , 20 -'L...k. .--.. ~ ,::/ C) ,'::c-'; '~'.~ -(::5 -,-, .' '..J (~ r) A () b /:::- K T (Print Name) A, IljA61,Ir:::.R :":) v- 1...__', --" '- ;:0;" (Ll 5:~ '-, J "-I t.~_~ <:.- f-rj l:J c) This explanation of the incident and events which followed will be explained in the sequence in which they occurred and should answer the questions in the form for the claim against the City of Dubuque, Iowa. On July 12 and 13 of2005, St Celia Street was resurfaced. During this process our house got splattered with tar. This splattering happened either when they were spraying the overlay on the street, or most likely when the equipment was parked overnight on the dead end side street of Westway St. which is 20 feet from my house which is on the comer of St. Celia and Westway Street. It could have happened over night, or when an employee was cleaning up after the day. There were employees there, of course, but I doubt if they knew the incident occurred. The wind could have blown it on the house; there could have been a leaky valve on one of the sprayers or there could have been any numbers of ways the tar could have been deposited there. One thing is for sure. It is tar splatters, and the above explanations are the only possible way it could have gotten where it is or come from. I always do major housecleaning, inside and out every fall and spring, and I would have discovered this in the fall of2005, but I didn't get to it in 2005 because I have had 2 major back surgeries and in the fall of2005, my back would not allow it. So I intended to do it all in the spring of 2006, but my wife was diagnosed with cancer in March of 2006 and had major cancer surgery in April of 2006, so of course this consumed all of our time until September of 2006 when I finally got around to my outside house cleaning when this tar splattering was discovered. So then I phoned Street Maintenance Supervisor John Klostermann. He looked at it and took some photos, but he couldn't say precisely how the tar got there. So I phoned City Council member Ric Jones who observed the damage and advised me to go through the Claim Procedure, and "shouldn't have a problem" because it is a legitimate claim. I also phoned City Council member Karla Braag, but did not receive a return call. So, having worked at John Deere for 34 years as a machinist and dealing with all sorts of spills, smudges, etc etc, and a home owner for 46 years, I thought this would be a relatively easy cleanup with some sort of cleaning agent. I phoned Servicemaster cleaning specialists and they gave me an estimate (enc) and came to the house, tried a few things, and told me they could not get it off. I then phoned Kanndo cleaning service and they gave me an estimate of $396. They sent up 2 men who worked on the side of the house for 3 hours and they couldn't get it all off either. So, by then, I thought I would give it a try. I used the materials: GOO GONE, OOPS, MINERAL SPIRITS, GAS, LIGHTER FLUID AND WILL-BOND. A couple of the cleaning agents will I '.. ,. 'SetviceMASTERo. L I CUSTOMIZED WALL CLEANING ESTIMATE Customer's Name h()l0 Wo~ l'\e'C Today's Date If) -1/ - a ~ OUR GOAL, , . Is to provide you with the BEST possible service for the most reasonable price. Areas to be serviced: FKoHlr CiltJ <;Ide 01 h{Jr/se II1cJI/JJI'11 5vl/ut;. 50!/';f. elc. E</';'tA/~ Po" Kel"lOv",\ c>Chf' "'<\. hOli5e. DEGREE OF SOILING: o Light overall soiling. l'tJ Moderate overall soiling. o Heavy overall soiling. TYPE OF SURFACE: )Xl Washable. o Dry treatable. o Hypersensitive. FURNITURE MOVED BY: o ServiceMaster. o Customer. ~ No furniture to be moved. Notes: CLEANING SPECIFICATIONS, , , ServiceMaster is committed to and has worked closely with manufacturers to develop these cleaning procedures to correctly clean your walls: BrushIVacuum Dry Sponge PRE CLEANING STEPS: o Dust, brush or vacuum clean to remove loose soil particles. o Treat to remove attached loose soil using a dry cleaning sponge. !Xl Pre-treat spots and stains. Pre-treat Spots Wash Rinse DrylBuff CLEANING STEPS: ~ Apply cleaning solution to emulsify and remove soil, using gentle mechanical action. o Rinse to remove heavy soil and detergent residues. o Acid-treat and rinse surfaces having conditions that are best treated by acid-based cleaning agents. POST CLEANING STEPS: iXJ Post-treat spots and stains. o Dry!buff using adsorption pads to allow for a uniform, bright, non-streaked appearance. ORe-oil, seal, or apply other protective treatments to natural wood surfaces. ~ Inspect all areas. ServiceMaster Satisfaction GUARANTEE . . THE COST. . . To provide you with the best possible service for the most reasonable price: , J 3()'l ()g c.-slimak []"')(/) I/~ 0/ f;,r d eh J/t'ry: s\,Dh ..; ,\\.. o Mc;nllzs t/.D 01'1- / tid SDMe.. +e'io\ U 11 cce.ssef../, Io.y to.r- '\{ e.>"'Dv"r flta.f IAN!J' e 'eov,tnV\S vvoJevv\.,."J.k.. Tax: Total: #',So 7. () Preventive Maintenance: We Have Time On: Mon. - Tues.- W ed.- Thurs.-Fri. -Sat. Job Scheduled: Method of Payment: D Cash D Other D Check Date: Time: AM PM . Our terms are payment on completion unless prior arrangements are made. (!rrJi kkrt. ServiceMaster Approval AUTHORIZATION: Customer Approval FOR ADDED VALUE. . . Purchasing more than one service, more than once a year means your furnishings will look cleaner, longer. Protect your investment with value-added services from ServiceMaster. D Carpet cleaning D Furniture cleaning D Soil protection treatment ~ Windows ana mirrors D Woodwork and cabinets D Floors D Kitchen and bathrooms D ather I ,onow-up 'ER,"CE, 48 hours 3 to 4 months I YOUR SATISFACTION IS IMPORTANT TO US: Our objective is your complete satisfaction, so you can recommend ServiceMaster with confidence to others! Thank you. SPECIAL NOTES: @ 1990, The ServiceMaster Compan}', L.P. Form #69151 TOP LINE HOME IMPROVEMENTS Administrative Offices Phone: (563) 773-8261 . 1-800-728-7956 . Fex: (563) 773-8406 P. O. Box 44 . St. Donatu81 Iowa 52071 , hereby sells and, (Name and Business address of SELLER. herein after referred to as SE ~ - I I:A ,hereby ~~d- . purchases from SELLER the following described GOODS AND SERVICES: r\O~~ UJJ1 b~'v-, -- ~~ ,{.&v ---(0 'A- ~ ~~ LA-'& t- 'I- ~ w~___-S_ V-' ~ k.L. { (x,(LA, Jd~ "t- ~. C+- W~~ ~/ -Gp~ ~~ ~ p-hb. 1D~$ & CCo ,pO WE PROPOSE to furnish labor and material ~ compl~te in accordance with above specifications, and subject to conditions found on this agreement, to be delivered and installed at: Home Phone: 5& 3 ~S-& -~d-3.d-- Work Phone: Total Contract Price $ Down Payment Ooa::;.~Mls:w:.81C:C::::- $ Due Upon Completion Windows $ Due U on Com letion Sidin $ Due Upon Completion Gutters $ Directions to Customers House: YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION: SEE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. BY: , ~ Sales Representative ID~5/Dh Date Date of Accaptanca NOTICE This proposal does not become a valid and binding co.ntract unless signed, accepted and alroved by ~OMEIMPROVEMENTS. ( ~c~l~r~~ ID ;?5jD(p Signature also acknowledges receipt of NOTICE OF CANCELLATION Authonzed Signature, Topllne Home Improvements Date All litigations, law suits and/or arbitrations from this contract will be governed by the laws of the State of Iowa. White. Top Une Home Improvements Yellow. Customer Pink. Sales Representative By By Tear Off NOTICE OF CANCELLATION (date of transaction) You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded In, any payments made by you under the contract or sale, and any negotiable Instruments executed