(a)
The
city shall never be liable for damages of any kind for property damage
or for personal injury, whether such personal injury results in death
or not, unless the person damaged or injured or someone in his behalf
or, if the injury results in death, the person who may have a cause
of action under the law because of such death or injury shall, within
45 days after the date the damage or injury occurred, give sworn notice
in writing to the city of the claim for damages, which notice shall
state the following facts specifically and in detail:
(1)
A detailed description of the incident and any damage or injury resulting
from the incident, including:
(2)
The nature and extent of the damage or injury sustained.
(3)
The amount of money damages sustained, and the amount for which the
claimant will settle the claim.
(4)
The actual residence of the claimant by street and number, city and
state, on the date the claim is presented, and the actual residence
of such claimant for six months immediately preceding the occurrence
of such damage or injury.
(5)
The names and addresses of all persons who, according to the knowledge
or information of the claimant, witnessed the occurrence which caused
the damage or injury.
(b)
All
notices required by this section shall be given to the city by delivering
a copy to the city clerk in the Memorial Auditorium building in the
city, and such notices shall be effective only when actually received
in the office of the City Clerk.
(c)
The
failure to notify the city of a claim within the time and in the manner
specified in this section shall exonerate, excuse and exempt the city
from any liability whatsoever because of such damages or injuries.
(1966 Code, sec. 2-8; 2001 Code,
sec. 2-1091; Ordinance 90-2006,
sec. 1, adopted 12/5/06)
