Claim by James GibbsTHE CITY OF
DUB r LTE MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
2A-‘2
To: Mayor Roy D. Buol and
Members of the City Council
DATE: August 26, 2014
RE: Claim Against the City of Dubuque by James Gibbs
Claimant Date of Claim Date of Loss Nature of Claim
James Gibbs 08/26/14 02/07/14 Property Damage
This is a claim in which claimant alleges that due to a water main break on Kirkwood
Street, claimant's residence and yard sustained water damage.
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
James Gibbs
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: JA p eS
2. Address: / 7 3 7 icr',2 k't-✓o a d
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3. Telephone Number 4 3 — S-9
4. Date of Incident: - 7
5. Time of Incident: l? V6 C(, %'ern
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.)
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8. What were weather conditions I' ?
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9. Give name and address pf any witnesses:
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10. Did police investigate? (If so, give names of officers.)
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 doou 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.) ,y
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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.
I, -J& _1 /r
include the following protected information:
, hereby certify that the attached documents
Social Security Number(s) Bank Account Information
Medical/Health Information Financial Information
Personnel/Disciplinary 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.
4utus1 2C, ?cJ
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 C - • Against the City
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Si" Date
August 26, 2014
To: City of Dubuque
Re: James Gibbs 1737 Kirkwood Dubuque, IA 52001 2/7/2014 water main break
My home and yard were damaged by the water main break described in the claim form submitted to the
City of Dubuque.
The water which ran had no storm sewer to run to hence it ran directly into my home and my yard.
My yard requires significant repair which I am unable to do myself. I have suffered 5 strokes and am
completely disabled. While my insurance company is reimbursing me for the damages to my home it is
impossible to purchase insurance coverage for damage to one's yard and greenery. If I was in a
condition to do this work myself I would, but can't. Had the City facilitated a storm sewer outlet this
problem would not have taken place.
I understand it was a bitter winter and there were many water main breaks, however, I feel I should not
have to pay for the damage to my yard given the City provided no manner for the runoff which took
place, except my home and yard.
Thank you for your consideration.
James Gibbs