The city 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
injury, shall within six months from the date the damage or injury
was received give notice in writing to the mayor and city council
of the following facts:
(1)
The
date and time when the injury or damage 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 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.
(Ordinance 116, sec. 1, adopted 4/9/85)
No suit of any nature whatsoever shall be instituted or maintained
against the city unless the plaintiff therein shall aver and prove
that previous to the filing of the original petition the plaintiff
applied to the city council for redress, satisfaction, compensation,
or relief, as the case may be, and that the same was by vote of the
city council refused.
(Ordinance 116, sec. 2, adopted 4/9/85)
All notices required by this article shall be effectuated by
serving them upon the city secretary at the city hall, Magnolia, Texas
77355, and all such notices shall be effective only when actually
received in the office of the city secretary.
(Ordinance 116, sec. 3, adopted 4/9/85)
Neither the mayor, a city councilmember, nor any other officer
or employee of the city shall have the authority to waive any of the
provisions of this article.
(Ordinance 116, sec. 4, adopted 4/9/85)
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 may be considered by the city council as a
factor relating to the truth of the allegations and to the weight
to be given to the allegations contained therein.
(Ordinance 116, sec. 5, adopted 4/9/85)
