Claim by Linda LoneyBARRY A. LINDAHL, ESQ. I 'Vv
CITY ATTORNEY
MEMO
To:
DATE:
RE:
Claimant
Mayor Roy D. Buol and
Members of the City Council
May 10, 2007
Claim against the City of Dubuque by Linda M. Loney
Date of Claim
Linda M. Loney
05/02/07
Date of Loss
04/24/07
Nature of Claim
Property Damage
This is a claim in which the claimant alleges that the wheels were broken off of the
bottom of claimant's refuse container during refuse collection.
According to the report of Paul Schultz, Solid Waste Management Supervisor, the
wheels of claimant's refuse container came off of the container during normal crew
handling.
It is therefore the recommendation of Paul Schultz to approve this claim for the amount
of 15.00, which Mr. Schultz states is a reasonable cost for a rigid refuse container with
wheels. The City Attorney's Office concurs with this recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
Linda M. Loney
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
May 9, 2007
TO: Barry A. Lindahl, Esq., Corporation Council
FROM: Paul F. Schultz, Solid Waste Management Supervisor
SUBJECT: Claim of Linda M. Loney
A claim of up to $15.00 is approved to replace a rigid refuse container with
wheels. Since no cost was indicated on the claim, I propose $15.00 as a reasonable
cost based on prior claims and product sales.
From my conversation with the crewperson, the wheels came off the referenced
container in normal crew handling. The customer alleged that wheels had also come off
from their container last fall but she did not observe them coming off due to improper
handling.
City ordinance Section 40-18 (b) requires that containers used for solid waste
disposal must be "suitable" and "sturdy".
I would recommend the approval of a claim not to exceed $15.00 if the customer
would purchase and use a suitable higher quality container that is very sturdy. The
heavy-duty application of moving solid waste requires that wheels are attached in a
strong manner.
The repeated moving of heavy loads in low cost solid vraste containers with small
wheels is the usual cause of wheels coming off.