Claim by Zuhdija ZulicTHE CITY OF
Dub
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: July 28, 2014
RE: Claim Against the City of Dubuque by Zuhdija Zulic
Claimant Date of Claim Date of Loss Nature of Claim
Zuhdija Zulic 07/24/14 07/03/14 Property Damage
This is a claim in which claimant alleges that the foundation and yard of his residence
sustain water damage during rainfalls caused by the design of the replacement of
sidewalk.
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
Gus Psihoyos, City Engineer
Zuhdija Zulic
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: Zo Inc t Z u ! r c
2. Address: C(7 V..t
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3. Telephone Number t. 7 URA
4. Date of Incident: 3
5. Time of Incident: A
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6. Location of Incident (Be specific):
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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.)
8. What were weather conditions like?
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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?
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
cation and any attachments may contain information which is confidential
by law and is for the use of the designated recipient. If you are not the
_...Ment, you are hereby notified that you have received this communication in
or, 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.
include the following protected information:
Social Security Number(s)
Medical/Health Information
Personnel/Disciplinary Information
, hereby certify that the attached documents
Bank Account Information
Financial Information
Credit Card Number(s)
I 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
Signature
Date
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IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CITY OF DUBUQUE, IOWA, )
Petitioner, ) Case No. EQCV M1A5ci
)
)
) ORIGINAL NOTICE
DENA KURT, )
CITY OF DUBUQUE, ACC 8, )
DUTRAC COMMUNITY CREDIT UNION AND )
DUBUQUE COUNTY, IOWA )
Respondents. )
vs.
TO THE ABOVE-NAMED DEFENDANTS:
You are hereby notified that there is now on file in the office of the clerk of the above
court, a petition in the above -entitled action, a copy of which petition is attached hereto.
The Petitioner's attorney is Crenna Brumwell, Assistant City Attorney, whose address is
300 Main Street, Suite 330, Dubuque, Iowa, 52001.
You are further notified that unless, within twenty (20) days after service of this original
notice upon you, you serve, and within a reasonable time thereafter file, a written motion
or answer, in the Iowa District Court for Dubuque County, at the county courthouse in
Dubuque, Iowa, judgment by default will be rendered against you for the relief
demanded in the petition.
CLERK OF THE ABOVE COURT
sw.
By:
Designee
Dubuque County Courthouse
Dubuque, IA 52001
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CITY OF DUBUQUE, IOWA,
Petitioner, ) Case No. EQCV , \fit` 5q
vs. ) ,-'
v
PETITION ""= lr.
DENA KURT, ) a
CITY OF DUBUQUE, ACC 8, ) c= ,3
DUTRAC COMMUNITY CREDIT UNION AND ) =
DUBUQUE COUNTY, IOWA ).
Respondents. ) c,
COMES NOW the Petitioner, City of Dubuque, Iowa, and states to the Court as follows:
1. That the City of Dubuque is a municipality located in Dubuque County,
Iowa.
2. That the property which is the subject matter of this suit is 1070 Melrose
Terrace, Dubuque, Iowa, and legally described as:
Westerly 53 feet of the Northerly Half of Lot 3; and the Easterly 10
feet of the Northerly Half of Lot 2 of the Subdivision of Lot 4; in
Paulina Langworthy's Subdivision of Lot 5 of Mineral Lot 73, in the
City of Dubuque, Iowa, according to the recorded plats thereof.
3. That there is situated upon this property, a building which is abandoned,
vacant and dilapidated within the meaning of Iowa Code Section
657A.10A(3).
4. That the Respondent, Dena Kurt, has an interest in this property in that
she is the deed holder.
5. That the Respondent, City of Dubuque, has an interest in this property in
that it is owed for unpaid special assessments against the property.
6. That the Respondent, ACC 8, may have an interest in this property in that
it is a Tax Certificate holder.
7 That the Respondent, DuTrac Community Credit Union, may have an
interest in this property in that it is a Tax Certificate holder.
8. That the Respondent, Dubuque County, Iowa, may have an interest in this
property due to delinquent property taxes and/or assessments against the
property.
The Petitioner herein, City of Dubuque, has documentation that supports
its statement that the building situated on the property has been
abandoned and sufficient evidence to support the considerations required
by Ch. 657A.10A and/or evidence that all the parties with an interest in the
property did not make a good faith effort to comply with an order of the
local housing official within sixty (60) days after the filing of this Petition.
WHEREFORE, Petitioner prays that:
That the Court enter an order that the matter be set for hearing no less
than sixty (60) days after the filing of the petition;
2. Upon hearing, the Court determine that the property is abandoned within
the meaning of Iowa Code Section 657A.10A;
That the Court enter judgment against the Respondents pursuant to
§657A.10A of the Iowa Code awarding the title to the property to the City
of Dubuque, Iowa, free and clear of any claims, liens or encumbrances
held by the Respondents; and
4. For such other and further relief as the Court deems just and equitable.
CIT •F DU UE, IOWA
Crenna Brumwell
Assistant City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 589-4381