Claim Response Jorja's RestauraBARRY A. LINDAHL Esp.
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
March 4, 2002
RE:
Claim Against the City By Jorja Moore of Jorja's Restaurant
Claimant
Date of Claim
Date of Loss
Nature of Claim
Jorja's Restaurant
02/11/02
Late October 2001 Property Damage
This is a claim in which the claimant states that after her water meter was replaced for
the Jail Expansion Project, a water pipe broke in her restaurant, causing water to drain
onto the floor.
According to the report of Bob Green, Water Department Manager, Water Department
Staff notified and worked with Ms. Jorja Moore prior to and during the time frame that her
water was shut off. Mr. Green states that it is the owner's responsibility when notified of a
scheduled shut down to properly take care of the internal equipment that may be affected
during the shut down.
Ms. Moore attached two invoices to her claim. The first was from Nieland Refrigeration for
resetting the safety switch on the ice machine. Mr. Green explains that this would be the
owner's responsibility. The second invoice was from Total Plumbing and Heating to repair
a sewer drain line from the dishwasher. Mr. Green states that the drain line would not
break due to the water being shut off. Additionally, Staff reported that they did not break
this drain line when working on the water meter.
For these reasons, Mr. Green recommends that this claim be denied. The Legal
Department concurs with his recommendation.
BAL/tls
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Bob Green, Water Department Manager
Jorja Moore
SUITE 330, HARBOR VI~N PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583--4113 / FAX (563) 583-1040 / EMAtL BALESQ~MWCI.NET
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 25, 2002
TO: Barry A. Lindaht, Esq., Corporation Counsel
FROM: Bob Green, Water Department Manager
SUBJECT: Jorja's Restaurant Claim dated 1-28-2002
Water Distribution Staff and I have reviewed this claim. In this
review I found that the Water Department Staff notified and
worked with Ms. Jorja Moore prior to and during the time frame
that her water was shut off. It is the owner's responsibility
when notified of a scheduled shut down to properly take care of
their internal equipment that may be effected during the shut
down.
The invoice attached from NRC was paid to reset the safety switch
on the ice machine. This would be the owner's responsibility.
The repair invoice from Total Plumbing and Heating was to repair
a sewer drain line from the dishwasher. The drain line would not
break due to the water being shut off. In addition Staff
reported that they did not break this drain line when working on
the water meter.
In review of these facts, the Water Department Staff and I
respectfully recommend that this claim in the amount of $129.47
be denied.
I am available at your convenience should you have any questions
on this.
cc: Mike Brekke, Water Distribution Supervisor
File