The City of Panhandle 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 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 city
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, 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 happenings of the injury or any part thereof and the names of
the doctors, if any, to whose case 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.
(1993 Code of Ordinances, Chapter 1, Article 12,
Sec. 1-111)
No suit of any nature whatsoever shall be instituted or maintained
against the City of Panhandle 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.
(1993 Code of Ordinances, Chapter 1, Article 12,
Sec. 1-112)
All notices required by this article shall be effectuated by
serving them upon the city manager at the following location: #1 South
Main Street, Panhandle, Texas, and all such notices shall be effective
only when actually received in the office of the person named above.
(1993 Code of Ordinances, Chapter 1, Article 12,
Sec. 1-113; Ordinance adopting Code)
Neither the mayor, a city councilmember, or any other officer
or employee of the city shall have the authority to waive any of the
provisions of this article.
(1993 Code of Ordinances, Chapter 1, Article 12,
Sec. 1-114)
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.
(1993 Code of Ordinances, Chapter 1, Article 12,
Sec. 1-115)
(a)
The
above written notice requirements shall be waived if the city has
actual knowledge of death, injury or property damage likely to result
in a claim against the city. The city shall not be deemed to have
actual knowledge unless that knowledge is attributable to an appropriate
city official whose job duties include the authority to investigate
and/or settle claims against the city.
(b)
Notice
requirements shall likewise be waived in cases in which the plaintiff
can demonstrate good cause or civil rights violations.
(Ordinance adopting Code)
