(a)
The Town
of Double Oak 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 on 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 sixty (60) days or within six (6) months
for good cause shown from the date the damage or injury was received,
give notice in writing to the mayor and town council 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 claimants 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 of Double Oak unless the plaintiff therein shall aver and
prove that previous to the filing of the original petition, the plaintiff
applied to the town council for redress, satisfaction, compensation
or relief, as the case may be, and that the same was voted of the
town council refused.
(c)
All notices
required by this article shall be effectuated by serving them upon
the town secretary at 1100 Cross Timbers Drive, Double Oak, Texas
75067, 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 councilmember, or any other officer or employee
of the town shall have the authority to waive any of the provisions
of this article.
(e)
The written
notice required under this article 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 maybe considered by the town council as a factor relating
to the truth of the allegations and to the weight to be given to the
allegations contained therein.
(f)
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.
(g)
Notice
requirements may be waived by the town council in cases in which the
plaintiff can demonstrate good cause for such waiver.
(Ordinance 3.2 adopted 4/4/88; Ordinance adopting Code)
