(a)
The city shall never be liable for any claims 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 give notice in writing to the city manager or mayor as provided in section 17.07 of the Charter.
(b)
In the
case of personal injury or death, the written notice shall contain
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.
(c)
In the
case of property damage, the written notice shall contain 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.
[Code 1984, ch. 1, § 19(A)]
The city administrator shall investigate the claim and shall
be authorized to deny the claim, approve any claim up to $500.00,
or submit the claim to the city council. The denial of a claim by
the city administrator may be appealed to the city council by filing
a written notice within ten days after notice of denial.
[Code 1984, ch. 1, § 19(B)]
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 such redress, satisfaction,
compensation or relief was by vote of the city council refused.
[Code 1984, ch. 1, § 19(C)]
All notices required by this section shall be effectuated by serving as provided in section 17.07 of the Charter at City Hall, 3200 Diana Drive, Richland Hills, Texas. All notices shall be effective only when actually received in the office of the person named, as provided in section 17.07 of the Charter.
[Code 1984, ch. 1, § 19(D)]
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 division.
[Code 1984, ch. 1, § 19(E)]
