(a)
Before the city shall be liable for damages for the death or personal injuries of any person, or for damages to or destruction of property of any kind, which does not constitute taking or damaging of property under article 1, section 17, Constitution of Texas, the person injured, if living, or his representative, if dead, or the owner of the property damaged or destroyed, shall give the city council or the mayor notice in writing of such death, injury, damage, or destruction, duly verified by affidavit, within six (6) months after same has been sustained; stating specifically in such written notice when, where, and how the death, injury, damage, or destruction occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages.
(b)
The
failure to so notify the city council or mayor within the time and
manner specified herein shall exonerate, excuse and exempt the city
from any liability whatsoever.
(c)
No
act of any officer or employee of the city shall waive compliance
or stop the city from requiring compliance with the provisions of
this section as to notice, but such provisions may be waived by resolution
of the city council, made and passed before the expiration of the
six-month period herein provided and evidenced by minutes of the city
council.
(Ordinance adopting Code)
