(a) 
The town council finds that the town contains over six hundred (600) inhabitants located within the corporate limits of the town.
(b) 
The town does hereby accept and adopt the provisions of title 28, chapters 1 through 10, Vernon’s Revised Civil Statutes of 1925, and does hereby declare its intention to hereafter operate under the provisions of such statute.
(Ordinance 123 adopted 8/13/85; 2004 Code, art. 1.200)
(a) 
The town 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 or persons who may have a cause of action under the law by reason of such death or injury, shall, within six (6) months from the date the damage or injury was received, give notice in writing to the town 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 claimed.
(3) 
The apparent extent of the damage or injury claimed.
(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, town and state on the date the claim is presented.
(7) 
In the 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 or any part thereof, and the names of the doctors, if any, to whose care the injured person is committed.
(8) 
In the 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 town unless the plaintiff therein shall aver and prove that previous to the filing of the original petition the plaintiff applied to the town for redress, satisfaction, compensation, or relief, as the case may be, and that the same was refused.
(c) 
All notices required by this division shall be effectuated by serving them upon the town secretary at the following location: Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas 76226, and all such notices shall be effective only when actually received in the office of the person named above.
(d) 
Neither the mayor, a town council member, nor any other officer or employee of the town shall have the authority to waive any of the provisions of this division.
(Ordinance 147 adopted 10/18/88; 2004 Code, sec. 1.401; Ordinance adopting 2015 Code; Ordinance 707-21 adopted 6/15/21)
(a) 
The above written notice requirements shall be waived if the town has actual knowledge of death, injury or property damage likely to result in a claim against the town. The town shall not be deemed to have actual knowledge unless that knowledge is attributable to an appropriate town official whose job duties include the authority to investigate and/or settle claims against the town.
(b) 
Notice requirements shall likewise be waived in cases in which the plaintiff can demonstrate good cause or civil rights violations.
(Ordinance adopting 2004 Code; 2004 Code, sec. 1.402)