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Claim by Neil PitmanTHE CITY OF DUB E Masterpiece on the Mis: BARRY LINDAH CITY ATTORNE To: DATE: RE: Claimant Neil Pitman MEMORANDUM Mayor Roy D. Buol and Members of the City Council August 1, 2007 Claim against the City of Dubuque by Neil Pitman Date of Claim 07/31 /07 Date of Loss 07/18/07 Nature of Claim Vehicle Damage This is a claim in which the claimant alleges that during a rainstorm that occurred on July 18, 2007, a sewer backed up causing water damage in claimant's basement located at 1144 Rosedale Avenue. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL:tIs cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street & Sewer Maintenance Supervisor Neil Pitman 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 balesq@cityofdubuque.org Claim Form Page 1 of 2 1,~~1 ,~~~-~` CLAIM AGAINST THE CITY OF DUBUQUE, IOWA l~/C a 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 repres^AIentation tolyou as to whether your claim will or will not be paid. 1. Name of Claimant: - _ !'ie I ~ ~ i 1 N1q~ 2. Address: ~ 1~-1 i\`~A'Q. ~tVe~Ue. Sam 1 3. Telephone Number: J~3 - 5~8 _Qg, 4. Date of Incident: ~~ ~~~~~ 5. Time of Incident: ~ ~ ~~ ~~ 6. Location of Incident (Be specific): ~~~ ~gSE'M~~ o~ M~ ~eS~~P,I~.. 0~, ~'~~ale, venue . 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.) SC'e, c~}~uC,~~ 8. What were weather conditions likes Y e~~ tai n~ ('~ ~ 9. Give name and address of an witnesses: y ~ ~ ~ r.., C r'- ~J C ~ w ``~ 10. Did police investigate? (If so, give names of officers.) ~' ~~' o, ~ ~ ~ i ``~ . 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) cD '-- a' N~. 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.) 1 5e2 ~g(.r~ed • 13. What other damages do you claim, if any? SQ2 G~l(.~~ http://www.cityofdubuque.org/printer_friendly.cfm?pageid=155 7/30/2007 Claim Form Page 2 of 2 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~,'a~nd amount paid.) I~ll• 15. What amount do you claim from the City of Dubuque? see a~~01fi~'~eC~ 16. Why do you claim the City of Dubuque is responsible? See ol`~AC~1Q(~ . 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) ii`` IYO_ 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? ~~~ Dated this ~~h day of ~~~~ , 20~~ . (Signature) ~ei ( ~ ~~ (Print Name) print this page http://www.cityofdubuque.org/printer_friendly.cfm?pageid=155 7/30/2007 7. On July 18th the basement of my residence at 1144 Rosedale Avenue in Dubuque was filled with over 4 inches of sanitary sewer water. In speaking with the Public Works department, it was discovered that the City's sanitary sewer line was clogged on the 500 block of West Locust St., which led to the sewer lines backing up all the way to Rosedale. 12. Property damage includes: a. All flooring and woodwork needed to be extensively cleaned and disinfected by professionals due to bacterial contamination from the sanitary sewer water. $747.50 b. Clothing - $300 c. Dehumidifier - $100 d. Electric Water Heater - $300 e. Futon - $250 f. Box Spring and Mattress Set - $150 g. Books - $100 13. Lost wages a. 4 hours - $75 15. I am claiming $2022.50 from the City of Dubuque. 16. The City of Dubuque is responsible for this damage because it is the City's responsibility to maintain the main sanitary sewer line. There is no issue with my lateral sewer line. Regardless of rainfall amount, the sewer should function properly. Since there was a problem with the sewer line on West Locust, it should be the City's responsibility to compensate me for these damages. Additionally, I was just assessed over $2000 for a brand new street on Rosedale, including sewer lines. The fact that the sewer backed up in spite of this indicates that there was a definite problem with the City's line. Dubuque Area Steamatic, Inc. /~~ sT ~ BILL TO Neil Pittman 1144 Rosedale Dubuque, IA. 52001 500 Huff St. P.O. Box 1164 Dubuque, IA 52004-1164 563-556-5821 Y'~~~~ DATE 7/23/2007 P.O. NO. TERMS DUE DATE TECH Net 10 Days 7/31/2007 ITEM DESCRIPTION SERVICE DATE '~"" 30185-WATER R Service call: clean up labor 8c equipment placement. 7/19/2007 30184 Equipment Rental: (1) 150 Dehumidifier @ 2 days 7/21/2007 30184 Equipment Rental: Air movers - 1 @ 2 days, 2 @ 1 days @ 25.00 7/21/2007 per unit per day 30196 Anti-microbial application 7/19/2007 Total Invoice INVOICE # 15400 REP CL AMOUNT 372.50 200.00 100.00 75.00 $747.50 r'~ i l 1 ~.._._ 9 ~' h,: , ~ .`: ~/ f, i ~, c ~ ~'~' ,, I \ -.~ ,=~. ' ~~ ~, ~; ~Sr