(a)
The
village hereby changes to a type A general-law municipality to be
effective as of May 3, 2003.
(b)
The
ordinance codified in this section and the record of the vote thereon
shall be filed and recorded in the journal of the proceedings of the
village commission, a copy of the record of the proceedings conducted
therein and the ordinance shall be signed by the mayor of the village,
a copy of the record of the proceedings shall be attested to by the
village clerk under the corporate seal, and a copy of the record of
the proceedings shall be filed with the office of the county clerk
of Travis County, Texas, the county in which the village is located.
(c)
Upon
the effective date of this section, the official name of the village
shall be thereafter known as the Village of Briarcliff, and its governing
body shall be thereafter known as the board of aldermen of the Village
of Briarcliff.
(d)
This
section shall become effective as of May 3, 2003.
(Ordinance 020703-03, sec. 3, adopted 2/7/03)
The duly elected mayor of the village is hereby authorized to
execute on behalf of the village any and all documents required by
or incidental to the sale of real property owned by the village.
(Ordinance 10-20-94-02, sec. 1,
adopted 10/20/94)
(Ordinance adopting Code)
(a)
The
village shall never be liable for any claim 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, in the event the injury results in death, the person who may have
a cause of action under the law by reason of such death or injury
shall, within sixty (60) days for good cause shown from the date the
damage was received, give notice in writing to the mayor and board
of aldermen of the following facts:
(1)
The date and time when the injury occurred and the place where the
injured person or property was at the time when the injury was received.
(2)
The nature of the damage or injury sustained.
(3)
The apparent extent of the damage or injury sustained.
(4)
A specific and detailed statement of how and under what circumstances
the damage or injury occurred.
(5)
The amount for which each claimant will settle.
(6)
The actual place of residence of each claimant by street, number,
city and state on the date it is presented.
(7)
In case of personal injury or death, the names and addresses of all
persons who, according to the knowledge or information of the claimant,
witnessed the happening of the injury of any part thereof and the
names of the doctors, if any, to whose care the injured person is
committed.
(8)
In case of property damage, the location of the damaged property
at the time the claim was submitted along with the names and addresses
of all persons who witnessed the happening of the damage or any part
thereof.
(b)
No
suit of any nature whatsoever shall be instituted or maintained against
the village unless the plaintiff therein shall aver and prove that
previous to the filing of the original petition the plaintiff applied
to the board of aldermen for redress, satisfaction, compensation,
or relief, as the case may be, and that the same was by vote of the
board of aldermen refused.
(Ordinance adopting Code)
All notices required by this division shall be effectuated by
serving them upon the village administrator at the following location:
402 Sleat Drive, Briarcliff, Texas 78669. All such notices shall be
effective only when actually received in the office of the person
named above.
(Ordinance adopting Code)
(a)
The
above written notice requirements shall be waived if the village has
actual knowledge of death, injury or property damage likely to result
in a claim against the village. The village shall not be deemed to
have actual knowledge unless that knowledge is attributable to an
appropriate village official whose job duties include the authority
to investigate and/or settle claims against the village.
(b)
Notice
requirements shall likewise be waived in cases in which the plaintiff
can demonstrate good cause or civil rights violations.
(Ordinance adopting Code)
The written notice required under this division shall be sworn
to by the person claiming the damage or injuries or by someone authorized
by him to do so on his behalf. Failure to swear to the notice as required
herein shall not render the notice fatally defective, but failure
to so verify the notice may be considered by the board of aldermen
as a factor relating to the truth of the allegations and to the weight
to be given to the allegations contained therein.
(Ordinance adopting Code)
