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Claim by Neil KelleyTHE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Mayor Roy D. Buol and Members of the City Council DATE: RE: Claimant Neil E. Kelley October 7, 2007 Claim Against the City of Dubuque by Neil E. Kelley Date of Claim Date of Loss Nature of Claim 10/04/07 September 2007 Property Damage This is a claim in which the claimant alleges that the retaining wall located on Maiden Lane is deteriorating, and a rock came loose from the wall and fell against the siding of his house located at 526 West 5t" 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 Gus Psihoyos, City Engineer Neil E. Kelley 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 / EnnAIL balesq@cityofdubuque.org Claim Form CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ~/;~ Page 1 of 2 ~~ ~~ ~ ,C',~ ,/ This written report constitutes your daim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The daim must be filed with the City Clerk at City Hall, 50 West 13~' 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 Coundl. You will be provided with a copy of that report and recommendation. The final dedsion on all daims 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 daim will or will not be paid. 1. Name of Claimant: .~ .. f 2. Address: _j ~~ iG" tiL ~ ~ -- ~~ J 7 3. Telephone Number: J ~ 3 ~ J ~' -3 " ~ ~ :3~ J 4. Date of Incident: ~ i;7 ~, ti~ ~ ,r ~~ ~' ~~ : , j ~" ~-y ~ "r k G~ ~ .~ ~ M~ < ~~ i ,~j t r- 5. Time of Incident: ~<~ 11 I~ t~ ('. ~,L% i'1 6. Location of Incident (Be specific): ~d~,r~l I ~ f1~~1 ~! ~~ /~~ t/1 h I~ J'(7 ~~ 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.) Sfr~ef~ n ~c1~ 9. Give name and address of any witnesses: ~ t! N ~- C7 ~ [~`< O ~J --~ !~ 10. Did police investigate? (If so, give names of officers.) ~}' ~ ~ ~T i .~ ~, ~ 1~U' 0 Ca G ~ 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) Z' ~ ~ +~ ~~ ~ ~ ~ 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.) y1 ~t 13. What other damages do you claim, if any? ~Q_~ ~' P ~ F'S e ~ ~ ~ i'1 C r P ~' Q r~ ~ al reeks ~ e / I ~ r l; w< <~' h .e ~ ~ // A ~ ~ ~- r -e ~~~ ~,~ ; 7 ~~ y~r~ http://www.cityofdubuque.org/printer friendly.cfm?pageid=155 10/1/2007 ~ ~ ~~'~' 8. What were weather conditions like? ~/C' ~' i`1 t ,y Claim Form 14. Have you been compensated for any part or all of your Gaim by any insurance company? (If so, give name and address of insurance company and amount paid.) ~i~ 15. What amount do you claim from the City of Dubuque? ~ o~ 3 (? ~ t7 j'"-Z~ f ~ f ~ eSA{ . ~ ..~-- Page 2 of 2 y~ r~ . ~~ 16. Why do you Gaim the City of Dubuque is responsible? ~ 17 h ('~ r-~ ;~ f' (~/'1 r~ ~"' G~ (~ ~C~ 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) Y-~ ~ 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 , ~~ day of ~ '1~()n n r , 20~ ~!~~ e ~ ,~""C..~~1 (sianaturel k ~ ~ /~ , i /C (Print Name) print this page http://www.cityofdubuque.org/printer friendly.cfm?pageid=155 10/1/2007 - r ; r-,, ~ ~ ~ n n r, n n, i n` n n ~--i_,r- n , -~ r- , - - , - - n - - n n ~~ ~ ~ ~ ~ ~ - r~ ~i C~ _ - z, ~ ...,, ... - _ ~;; ~XT~~^~~'~" ~ ~r c i ~'~ To: Neil Kelley Job Address: 526 W. 5th Dubuque, IA 52001 Estimate for vinyl sidingpair 1) Remove damaged vinyl siding and dispose of. 2) Install new double 4" vinyl siding to match existing siding. r ~' Total price for vinyl siding repair-$230.00 If this estimate price is acceptable, contact Chris at 563-543-7740 All work done by Above All Exteriors is backed by a 7-yeaz workmanship wazranty. We also back all material warranties. Supervisor ( Chris J. Blakeman ~ :X~ Date ~ ~ `J Thank you =i -~ ~I -~~ ~rnYt~~~~ HAMEL PARKING LOT SERVICE, INC. P.O. BOX 1198 DUBUQUE, IA 52004-1199 563-583-0854.563-590-0423 FAX 563-583-5965 PROPOSALS ED TO: PHONE DATE_ 7 STREET' /` JOB ~ ~~ (~/`p "! CITY, ZIP COD f,,....---~\ JOB L ~TIQ~~ -1~. JOB PHONE ~- c~---...-----__ We propose hereby to furnish material and labor -complete in accordance with the above specifications for the sum of: with payments to be made as follows: Au material is guerarKeed to be as epecdkxl. Au work compbted in vwrkrmnlike manrxsr ~3'' a ~ ~•raard p• ~+ny ~ « din tnxn above s ~~ Authorized extra w&s wiN be exeaRed ony upon v.iten order, and w+71 become an extra charge Doer and above the eatimata. AB agreemerre caN:gerd upon . aocideMS, ar delays beyond our Signature cardrol. Owner to carry fre, tornado and other rrerxassary insuarwe. Ora vwrkers are tiny covered by 1Rbrkrrren's Companaetion Irrarxarrce. Nae -lhis ProP~ be withdrawn try t1.4 it not accepted within days. ~t~Pl'CtE .Ql ~xD~IISFZI The above prices. specifications and cortcFtions are satisfactory and are hereby accepted. You are authorized to do the work as sperafred. Payrrtants wig be made as outfirted above_ Signature Date of Atxeptance Signature 1Me hereby submit specifications and estimates for..---.-.----.-.--.-.-.-------.---------..-------.--._._..----..-.----------..._--.-..---..--.-.--.._______....