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Claim by George MauryBARRY A. LINDAHL, ESQ. CITY ATTORNEY MEMO To: DATE: RE: Claimant Mayor Roy D. Buol and Members of the City Council March 1, 2007 Claim against the City of Dubuque by George Maury Date of Claim George Maury 02/21 /07 Date of Loss 02/13/07 Nature of Claim Vehicle Damage This is a claim in which the claimant alleges that as he was merging onto Hwy. 20 from Bluff Street, the tire of his vehicle was damaged due to a pothole located on the merge ramp. According to the report of Street & Sewer Maintenance Supervisor John Klostermann, the Public Works Department first received notice of this defect from the City Clerk's Office on Monday, February 19, 2007. It is therefore the recommendation of John Klostermann to deny this claim for lack of prior knowledge. The Legal Department concurs with this recommendation. BAL:tIs cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street & Sewer Maintenance Supervisor George Maury OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org BARRY A. LINDAHL, E Q. CITY ATTORNEY l MEMO To: DATE: RE: Claimant Mayor Roy D. Buol and Members of the City Council March 1, 2007 Claim against the City of Dubuque by George Maury Date of Claim George Maury 02/21 /07 Date of Loss 02/13/07 Nature of Claim Vehicle Damage This is a claim in which the claimant alleges that as he was merging onto Hwy. 20 from Bluff Street, the tire of his vehicle was damaged due to a pothole located on the merge ramp. According to the report of Street & Sewer Maintenance Supervisor John Klostermann, the Public Works Department first received notice of this defect from the City Clerk's Office on Monday, February 19, 2007. It is therefore the recommendation of John Klostermann to deny this claim for lack of prior knowledge. The Legal Department concurs with this recommendation. BAL:tIs cc: Michael C. Van Milligen, City Manager Deanne Schneider, City Clerk John Klostermann, Street & Sewer Maintenance Supervisor George Maury OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org ~~~2 CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ~~~~~~~ This written report constitutes your claim against the City of Dubuque, Iowa. Y u s ould 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 DUBUGIUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: =P_ n ~- o_ l~ aux. 2. Address: ~v ~ 7 ~/~ ~ ~1 e.- 5t f ~c ,.~ u ~;~ ~L~~ ~ ~~ ~~ .~ ~~?~~ l 3. Telephone Number: S~ 3 - 5 S'~ 7 - ~S 3 cJ _ 4. Date of Incide ~3. ~~7 5. Time of Incident: ~~ • ~ ° d ~~ ~~ - 6. Location of Incident (Be specific): O3~ ~ a ~i~ a ~ l:~ ~~ ~ .~ o E' Ce G'~ i `n fiL.~ i' 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.) ~- ~ ~ `ter ~ -T -~- ~.~ v n ~ '~, h ~ -~ !~ ~ ~ ~`i ~ C~ ~ ~ ~ e ~(, ~O ~ i n ~~ ~ `y1 v C h ~ ~ ~~ l-~ ~- ~~- ~ lid' ~~ ~ ~ ~ ~ ~,~ ~ ,~ ~-f- ~ ,~ 8. What ere weather c n itions like? ~Sh ~ w ,'y~ ~. 9. Give name and address of any witnesses: ~ n c~ h ~,? ~,, ~, ,2-~~ ~ j~,~ v LJ ,~ 10. Did police investigate? (If so, give names of officers.) y~ o 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). a ~e_ ~ 3600 Dodge St. Dubuque, IA 52003 (563) 556-1010 Toll Free: 1-800-747-1010 Fax (563) 556-8465 = . ® - ertified r www.mikefinnin.com ~""~""""""" 010/ O ~TkCN!E'S HALVERSON 47~'"`'"" ~"0`2"flA~/07 ~'"f~S~.`~'205819 I GEORGE MAURY LI`~'~3Z~VVp MILEAGE 72,651~'LEN/ ST°CK"° 687 ALPINE ST Y~/"~'L`YR~TH/ACCLAIM/ACCLAIM ~~'Tf06 DELIVERVMILEs DUBUQUE, IA 52001 VbHICtE LIDNOX A 4 6 3 7 P T 6 1 7 4 5 g SELLING DEALER NO. PRODUCTION DATE P T E. NO. J P n nln [YSYT 7 A 7 vn----------------------------------- 1 02FOZ28.1 MOUNT &'BAC 1 TIRE_ --------------- ----------••--------- TECH(S):35 -....-- 22.50 CUSTOMER STATES: MOUNT AND BALANCE 1 TIRE. RF TIRE MOUNT AND BALANCED 1 TIRE. TS------QTY---FP-NUMBER-------------- -DESCRIPTION--- ------LIST PRICE-UNIT PRICE- 1 IWI-413-50 VALVE STEM 1.00 1.00 1.00 1 CORD195/70R1457C38 CORDOVAN 62.10 62.10 62.10 TOTAL - PARTS 63.10 LET-----PO#--------VEND INV#-INV.DATE -DESCRIPTION--- ---------------------------- 20653 22845 02/13/07 TOW INTO SHOP 22845 54.00 TOTAL - SUBLET 54.00 B# 1 TOTALS------------------------------------------------------------ LABOR 22.50 PARTS 63.10 SUBLET 54.00 JOB# 1 JOURNAL PREFIX FOCS JOB# 1 TOTAL 139.60 SC------CODE--------DESCRIPTION-------------------------------CONTROL NO--------- B # A C1 SHOP SUPPLIES 1.80 TOTAL - MISC 1.80 TALS------------------------------ * [ ] CASH [ ] CHECK CK NO. [ ] * [ ] VISA [ ] MASTERCARD [ ] DISCOVER * [ ] AMEX [ ] OTHER [ ] CHARGE [ ] * YOU FOR YOUR BUSINESS!! 0 U U CUSTOMER SIGNATURE TOTAL LABOR.... TOTAL PARTS.... TOTAL SUBLET... TOTAL G.O.G.... TOTAL MISC CHG. TOTAL MISC DISC TOTAL TAX...... TOTAL INVOICE $ DUPLICATE INVOICE 22.50 63.10 54.00 0.00 1.80 0.00 9.77 151.17 7kank you - '1Ne appreciate your business! THE SELLING DEALER MAKES NO WARRANTY OF ANY KIND WHAT- SOEVER AS TO THE MERCHANTABIL- ITY OF THE PRODUCTS LISTED *************************** HEREON OR AS TO THEIR FITNESS FOR ANY PARTICULAR PURPOSE. ANY WARRANTY WHICH MAY EXIST IS AN AGREEMENT SOLELY BE- TWEEN THE MANUFACTURER AND THE PURCHASER. CUSTOMER SIGNATURE PAGE 1 OF 1 CUSTOMER COPY [ END OF INVOICE ] 12:11pm X