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Claim by Charles Jacobs Copyright 2014 City of Dubuque Consent Items # 3. ITEM TITLE: Disposition of Claims SUMMARY: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Charles Jacobs for vehicle damage SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur ATTACHMENTS: Description Type ICAP Referrals Supporting Documentation THE CITY QF DT_T E MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL To: Mayor Roy D. Buol and Members of the City Council DATE: January 25, 2016 RE: Claim Against the City of Dubuque by Charles Jacobs Claimant Date of Claim Date of Loss Nature of Claim u Charles Jacobs 01/22/16 09/17/15 Vehicle Damage This is a claim in which claimant alleges that a large branch fell from a City tree and damaged claimant's vehicle which was parked on Whelan Street. 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 Steve Fehsal, park Division Manager Steve Pregler, City Forrester Charles Jacobs I I 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 i 8 e Copyright 2014 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUMMARY: Charles Jacobs for vehicle damage SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Refer to City Attorney ATTACHMENTS: Description Type Claim by Charles Jacobs Supporting Documentation HVM CLAIM AGAINST THE CITY OF DUBUQUE, IOWAPUJ "115 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, 1 You will be provided with a copy of that report and recommendation. y 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; ayyl ' Tarob-5 2. Address: Rk d(t 1 3. Telephone Number -v. " ,SK- / 1 1 4. Date of Incident: /-7 5. Time of Incident: '° — --,)."YT T PAI 6, Location of Incident (Be s ecific): 6Aalln 51. cliyee er(`Y 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.) If i 8. What were weather conditions like? . rte` el ft�`V I� G�.r„-fid 11 9. Give name a d addresany with sses:1�11r, / /I 15JItr A -1q 1&4 10. Did police inves igate? (If so, give names of officers.) i r 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 dam e.) CW W0611 '�Mlpqla evqc'lred. P I I 13. What other damages do you claim, if any? PGM@ , 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.) j CJ it !i 15. What amount do you claim from the City of Dubuque? 3 l 16. Why do you claim the City of Dubuque is responsible? <711 4 s7j 9 1 i 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give namend address.) 4 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 GAP(! ' 20 c o CAN A \VV/L-- C CD (SignaYure) 0 H , M I (Print Name) i on or about September 17,2015 the Dubuque area experienced a rain and wind storm.My automobile, a 2004 Chevrolet Impala,was parked on Whelan Street adjacent to my home at 216 Bradley St. in Dubuque.The car was parked underneath a tree which grows between the sidewalk and the curbing on the street. About 2:30 PM that day I was leaving my home for a dentist appointment when I saw a large branch from the tree under Which my car was parked had fallen and hit my car.The branch was about 15 feet long and about 6 inches in diameter.When I looked at the car I did not see any damage.So I pulled the branch off my car. It was then that I noticed that the spoiler on the trunk of the car had been broken. 1 I went to the dentist appointment and upon my return called the Street Department.A person there referred me to Leisure Services. I spoke to a gentleman there who told me that he had already received reports about the tree and had been by two view it, but did not see my car. I explained to him that I had jl pulled the branch off my car and left for a dentist appointment,and I was concerned about the tree lying in the street. He told me he was the only one with a chainsaw and was concerned with larger problems.The next morning the tree was cut and removed by the Street Department. j Subsequently, I took the car to ABRA Auto Body and Glass to be repaired.They purchased a spoiler from the Focal salvage yard,painted it to match my car,and installed it on my automobile.The total cost was $335.98.A copy of their bill is attached. 'I There were also a couple of dents on the car near the rear window post. Because the car is dark blue, it is very difficult to photograph these dents.And given the age of the car,a reasonable person would not repair this.A copy of the bill is attached,as is my receipt for payment. I have also enclosed two short videos of the tree and the branch just as they were when I pulled the branch off the car. I did not place the branch back on the car to show it as i found it. However my neighbor, Carol Birch,saw the branch on the car. If you need any other information please contact me directly at 563—588—3111. Charles Jacobs i 1 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. hereby certify that the attached documents include the following protected information: Social Security Number(s) Bank Account Information Medical/Health Information Financial Information Person nel/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. Signature Date I have read the information above and do not have any confidential documentation to submit to the it of Dub part of is Claim Against the City 7 Jah, OZ &2 t Signat&e Date