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Claim by David_Ellen RathTHE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM BARRY LINDAH CITY ATTORNE To: Mayor Roy D. Buol and Members of the City Council DATE: July 25, 2007 Re: Claim against the City of Dubuque by David & Ellen Rath Claimant Date of Claim Date of Loss Nature of Claim David & Ellen Rath 07/19/07 07/18/07 Property Damage This is a claim in which the claimants allege that due to a rainstorm that occurred on July 18, 2007, a sewer backed up causing water damage in claimants' basement located at 595 West Locust Street. 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 David & Ellen Rath 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 / Er\nAIL balesq@cityofdubuque.org ~`' U ,7 ~ v/ (~~/ 1. 1. ~~ _ 1 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: ~~ v i d, d~ ~ ~~a'~ ~ 4~' h 2. Address: U~` ? S l~ r..._y CLS'~ ~~- 3. Telephone Number ~5 ~ - O~',1 ~ 4. Date of Incident: ~ -l ~ ~ tj 7 5. Time of Incident: Qv' ly 'MA~fh~lrl Q~OL~" ~;~~m ~ S `vUAr~ ~ ,~~ rid c~ ct/oou-I- v ~ 30 ~,-~» , 6. Location of Incident (Be specific): q S ~ ~.~ G15 ~ cS-1- 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.) )~ . , ~.n ,~ 1.-.r, r ~C' r , n r°n-~-R~ -~'~'? 11 ~''7Q ~P m DYl ~ ,E~~2 ~-" 11"D ~ 8. What were weathe conditions like? 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) ~O 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). ~1 ~ 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 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.) 15. What amount do you claim from the Ci y of Dubuque? tl ~~- e~-errr~i~1 e~ (1~- ~-hi~ ~ ~lYYl4 16. Why do you claim the City of Dubuque is responsible? C ~^ 5 i ~l~ ~ Y 17. Have you made any claim against anyone else for damages as a result of thisdent? (If yes, give name and address.) 18. If the answer to Question 17 is yes, have you received any payment from that source, if so, in what amount? ~ o n~ c._. ~:, Dated this _ f ~ day of ~1~~ , 2g~• ~,,; ~:_ ~ ;:7 ~Q Q DIYI ~~l _ c~ ~ (Signature) ~' =^•' ~ ..... ~` 1~2ri ~c~' ~ (Print Name) 13. What other damages do you claim, if any? yP t`!~'('c~ ~i)'~ C ~nri ~,a~T ~'Y'Ij,~~~ is ~bf