Claim by Dwayne and Susan MurphyTHE CITY OF
DUB1JE MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
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To: Mayor Roy D. Buol and
Members of the City Council
DATE: July 23, 2014
RE: Claim Against the City of Dubuque by Dwayne and Susan Murphy
Claimant Date of Claim Date of Loss Nature of Claim
Dwayne and Susan 07/23/14 02/17/14 Property Damage
Murphy
This is a claim in which claimant alleges that claimants' residence sustained water
damage due to a water main break on Saunders Street
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Bob Green, Water Department Manager
Dwayne and Susan Murphy
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 tsteckle@cityofdubuque.org
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 West 13th St.,
Dubuque, IA 52001. It will then be referred to the appropriate department for
investigation and to the City Attorney's Office. 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: D UV a y)
2. Address: / SIO S a14 w
ID 17
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3. Telephone Number3-63)YS3 g'`I
4. Date of Incident:
5. Time of Incident:
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6. Location of Incident (Be specific): / /G
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7. Describe the 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.)
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9. Give name and address of any witnesses:
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10. Did police investigate? (If so, give names of officers.)
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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.)
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13. What other damages do you claim, if any?
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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.)
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15. What amount do you claim from the City of Dubuque?
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16. Why do you claim the City of Dubuque is responsible?
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17. Have you made any claim against anyone else for damages as a result of
this incident? (If yes, give name and address.)
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18. If the answer to Question 17 is yes, have you received any payment from that
source, and if so, in what amount?
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Confidential
This communication and any attachments may contain information which is confidential
and privileged by law and is for the use of the designated recipient. If you are not the
intended recipient, you are hereby notified that you have received this communication in
error, and that any review, disclosure, dissemination, distribution or copying of its contents
is prohibited. Please notify City of Dubuque immediately by telephone at (563)-589-4120 of
your receipt of these items and destroy the communication and any attachments
immediately. Further disclosure of this information may violate state and federal
restrictions.
Confidential information may include the following:
1) Social Security Number(s)
2) Medical/Health Information
3) Personnel/Disciplinary Information
4) Bank Account Information
5) Financial Information
6) Credit Card Numbers
If any documentation you desire to submit to the City of Dubuque contains any of the items above
this cover sheet must be attached directly to the confidential information and indicate the type of
information that is included.
, hereby certify that the attached documents
include the following protected information:
Social Security Number(s) Bank Account Information
Medical/Health Information Financial Information
Personnel/Disciplinary Information Credit Card Number(s)
understand that this information may be distributed within the City organization or to agents of the
City for processing and I hereby authorize the City to act accordingly taking all precautions to
protect my information from unnecessary distribution.
Signature Date
I have read the information above and do not have any confidential documentation to submit to the
City of Dubuque as part of this Claim Against the City
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Signature Date
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The occurance of water running from under our garage and under our driveway
into our backyard was discovered at 2:30 P.M. We called the Water Dept., they
came and confirmed there was a main water line break. The problem was made
worse when they were unable to locate the shut off for this main and also the 14
hours to locate where the leak was located. Finally at 4:30 A.M. they were able to
find and repair the break.
This water had pressure behind it, not just a little leak. It ran well over 14 hours.
All of this time it was running under our driveway and under our garage. Eroding
and creating voids that we cannot see. We are confident to say there is damage
to the stability and safety of our property. There is visible damage in areas.
Enclosed are some pictures of erosion we can see.
We are asking the City of Dubuque to fix this serious problem, since it was caused
by your defective water line located on your property. Our homeowners
insurance will not cover this damage because it was caused by your water line.
After talking to professionals, they suggested that holes be drilled into our
driveway and garage floor to locate washed out areas. They would then be filled
with flowable mortar and covered over with concrete. There could be numerous
areas or there could be only a few to deal with. There is no way to know what
amount of money to ask for until it is examined by a professional to see what we
are dealing with. We are asking the City of Dubuque to hire the people to do this.
Someone who can bore holes and has a camera to go under to find empty areas. I
think all concrete contractors are familiar with flowable mortar. Your experts
may have a better approach to this situation. We have talked on the phone to
contractors over these last months and they don't show up to look at the
problem. I think because we mention the City of Dubuque's water line was the
cause.
We are not asking for money, we just want the City of Dubuque to address this
problem and fix it so there is no sink holes that someone would have injury from
or that the structure of our garage would not be altered negatively.
Please make our property feel stable and safe again. Thank you,
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