HomeMy WebLinkAbout28824 / 77-36May 5, 1977 # 3� RESOLUTION
PURPOSE: PAYMENT �F CLAIM
INITIATED BY: COUNCIL MEhiBER ROBERT MOSER
BE IT RESOLVED by the Common Council of the City of
Oshkosh that thz proper City officials are hereby authorize� and
dir�cted to nay the attached ciai.r.: cf L. D. S�ybclu i.�� t;:te
amount af $I,��51.2U.
BE IT FiJRTHER RESOLVED by the Common Council of the City
of Oshkosh that the proper City officials are hereby aut�horized
and directed ta tra.nsfer the sum of $I,000.00 from Acc�unt No.
095690, Contingency Fund to Account No. 087690, Claim for
Damages Ftind.
S UB?�d T �"i?� �� �' �:`
; . _ ._ _ _ .._ -- . _
�
f I
�
' �
:
' i
-
, �
.
. ._ _ ._ _ .._ _._ :.` . .. , . v �: . �
- 3:3 -
Oshkosh Common Council
c/o Converse Marks, City Clerk
215 Church Avenue
Oshkosh, WI 54901
Gentlemen:
February g, 197?
� ,.a -�_.��
� ��' r } .,.�
� s
y �"�,�`'°.,
� _ �`p' �:� ��
��
, - K�..
� ��C'_• ,
u
�C.,f', J� �;�'j }
�, �c; ; ` c, � 1
G'N Y �'; r,���'�'� f
� c q:� ;�
or�. �,. t
In 1969 the City of Oshkosh install�d Bowen Street alangside my
barber shop at 803 G}tter Pvenue, Os�kos�, Wisconsin. In 1973 when my
restroom facilities ceased to function I was foreed to spend $3, 3120 21
to repai.r what ultimaiely turned out to be a sewer drain that was blocked
by ciiy construction crews with concx�ete at the time of i.nstal.Iation af
Bowen Street.
I filed a claim with the city at that time for my damages, but
was forced to go through a lengthy and costly court proceeding in order to
be reimbursed for my expenses in repairing a defect that I had noi caused.
The painful and protracted litigation was finally s ettled on February 5,
1977, when z finally received the surr� of $3, 500. 00 from the Gulf Insurance
Group, which had insured the city. My losses, however, were far greater
than this. In addition to my original bill of �3, 312. 21, I was forced to pay
$25. 00 Court costs, $875.00 attorney's fees, and $438. 99 i.n interest on
money I had to borrow to pay my plumber who could not wait until the
termination of the law suit. As you can see, my total cost was $4, 651. 20
and since I only recovered $3, 500. 00, I have lost a total sum of $1, 151. 20
on the transaction.
Inasmuch as I was in no way at fault in causing the defeci, ii
seems to me that the expendiiure of these sums of money by me, beyond
the recovery of the insurance company, is not equitable. My attorney has
informed me that under the la�v �here is no `�ray thai I can collect for these
expenses ak�ove and beyond the settlement figure. I therefore, appeal to
the good conscience of the City Council to right this wrong, and I ask you to
consider having the city reimburse me for the sum of $1, 151. 20 which I have
lost in this transaciion because of the negligence in the construction of
Bowen Streei. Any help which you could give me would be very greatly
appreciated.
Sincerely yours,
�
L. D. Seybo
cc: iVlr, John Pence, City Aitorney
%���.,��
. N� �
�
m
�
�
�
N
�
�
CC�
Rr G-1
N
�a
0
�, o
R, J-�
a
��
�r-f
O cd
-I� r-I
U
�
o a�
,--i �o •
� c� �
� � o
ob �
� �
a� � �
� o v]
b
50 �
� o
rl U
U N
�� �
''�i O
N � 4-i
� • O
�
.Q � c�i
�r cd
�s �- a
�
� N
� ` .
ECj r—I -N
�
� O O
�'.Na
�
0
�
�
0
�
' S.
LCl N
��
��
a� a�
• O 'Ja
� � �
a
0
''Cj •
� �
�
Ha
�
0
�
+�
0
�
ti
ti
rn
�
�
�
�
�
� x
�
�
r-I
\ �
�
U