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 the date the damage or injury was received,
give notice in writing to the mayor and city commission 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.
(Ordinance 486, sec. 1, adopted 10/14/86)
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 commission for redress, satisfaction, compensation,
or relief, as the case may be, and that the same was by vote of the
city commission refused.
(Ordinance 486, sec. 2, adopted 10/14/86)
All notices required by this article shall be effectuated by
serving them upon the city administrator at the following location:
9th Street & Garza (municipal building), and all such notices
shall be effective only when actually received in the office of the
person named above.
(Ordinance 486, sec. 3, adopted 10/14/86)
Neither the mayor, a city commissioner, nor any other officer
or employee of the city shall have the authority to waive any of the
provisions of this article.
(Ordinance 486, sec. 4, adopted 10/14/86)
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 commission as
a factor relating to the truth of the allegations and to the weight
to be given to the allegations contained therein.
(Ordinance 486, sec. 5, adopted 10/14/86)
The city shall never be liable on account of any damage or injury
to persons or property arising from or occasioned by any defect in
any public street, highway or grounds, or any public work of the city,
unless the specific defect causing the damage or injury shall have
been actually known to the mayor or the city administrator by personal
inspection for a period of at least twenty-four (24) hours prior to
the occurrence of the injury or damage, and proper diligence had not
been used to rectify the defect after actually known or called to
the attention of the mayor or the city administrator.
(1978 Code, sec. 11-5)
