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
or injury, shall within sixty (60) days or within six (6) months for
good cause shown from that 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 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.
(1993 Code, sec. 13.01)
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 the weight to
be given to the allegations contained therein.
(1993 Code, sec. 13.02)
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.
(1993 Code, sec. 13.03)
All notices required by this article shall be effectuated by
serving them upon the mayor at the following location: 174 West Reno,
Azle, Texas 76020, and all such notices shall be effective only when
actually received in the office of the person named above.
(1993 Code, sec. 13.04)
Neither the mayor nor a city council member nor any other officer
or employee of the city shall have the authority to waive any of the
provisions of this article.
(1993 Code, sec. 13.05)
