Failure on the part of any claimant to file a claim within the
time and in the manner specified in this article shall exonerate,
excuse and exempt the city from any liability whatsoever.
(Ordinance 1646, sec. 6, adopted 1/13/1955; 1959 Code, sec. 2-77; 1983 Code, sec. 2-31)
Before the city shall be liable for any claim of specific performance
or breach of contract, the person making such claim shall file with
the city secretary an itemized notice in writing of such claim for
specific performance or breach of contract, duly sworn to, within
thirty (30) days after such cause of action has accrued, stating in
such written notice when, where and how the claim for specific performance
or breach of contract occurred, and the amount and kind of damages
sustained, the actual residence of the claimant by street and number
at the date the claim is presented, the actual residence of such claimant
for six (6) months immediately preceding the accrual of such cause
of action and the names and addresses of all the witnesses upon whom
it is relied to establish the claim for specific performance or breach
of contract.
(Ordinance 1646, sec. 2, adopted 1/13/1955; 1959 Code, secs. 2-73; 1983 Code, sec. 2-33)
Upon the filing of any claim as provided under this article,
the city secretary shall note, in a separate journal kept for that
purpose, the hour and date of the receipt of such claim, and such
claim together with the claims journal shall be deemed and do constitute
public records of the city.
(Ordinance 1646, sec. 7, adopted 1/13/1955; 1959 Code, sec. 2-78; 1983 Code, sec. 2-34)
A claim filed under this article shall be retained in the files
of the city secretary, and a true and correct copy of such claim shall
be made and forthwith transmitted or forwarded to the person acting
as insurance coordinator for the City of Lubbock.
(Ordinance 1646, sec. 8, adopted 1/13/1955; 1959 Code, sec. 2-79; 1983 Code, sec. 2-35; Ordinance
8392, sec. 1, adopted 1/27/1983)
The forwarding of copies of notice of claim or any recommendations,
reports, words or acts of the city attorney, city manager, investigator,
department head or director or any other officer, employee or agent
of the city shall never be construed to be an admission of liability,
acknowledgement of the sufficiency of such notice, waiver of giving
the notice required herein or waiver of any legal defense of the city.
(Ordinance 1646, sec. 9, adopted 1/13/1955; 1959 Code, sec. 2-80; 1983 Code, sec. 2-36)
The city manager and/or the administrator of the City of Lubbock
self-insurance fund shall make disbursements from the City of Lubbock
self-insurance fund in settlement of claims (except workers’
compensation claims) in the following manner:
(1)
In
cases where the self-insurance claim is ten thousand dollars ($10,000.00)
or less, the administrator of the City of Lubbock self-insurance fund
shall have full authority.
(2)
In
cases where the self-insurance claim is more than ten thousand dollars
($10,000.00) but less than twenty thousand dollars ($20,000.00), the
administrator shall secure the approval of the assistant city manager
over finance.
(3)
In
cases where the self-insurance claim is more than twenty thousand
dollars ($20,000.00) but less than fifty thousand dollars ($50,000.00),
the administrator shall secure the approval of the city manager.
(4)
In
all self-insurance claims where the city manager is alleged to be
primarily a responsible party under the claim, the city council’s
approval or rejection shall be secured in an open meeting of the city
council as required by the Texas Open Meetings Law.
(5)
In
cases where the self-insurance claim is fifty thousand dollars ($50,000.00)
or more, the city manager shall submit the claim to the city council
for approval or rejection in an open meeting of the city council as
required by the Texas Open Meetings Law.
(Ordinance 1646, sec. 10, adopted 1/13/1955; 1959 Code, sec. 2-81; Ordinance 7761, sec. 1, adopted 11/9/1978; 1983 Code, sec. 2-37; Ordinance 8392, sec. 2, adopted 1/27/1983; Ordinance 2001-O0095, sec. 1, adopted 12/13/2001)
No suit shall be instituted or maintained on any claim against
the city until the expiration of ninety (90) days after notice shall
have been given within the time and in the manner set out in this
article.
(Ordinance 1646, sec. 5, adopted 1/13/1955; 1959 Code, sec. 2-76; 1983 Code, sec. 2-38)
