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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.