The city shall not be liable for any claim for property damage or for personal injury allegedly caused by the city unless written, verified notice is given to the mayor and city council no later than six (6) months from the date the damage or injury was received. Notice is required for property damage and for personal injury, whether or not such personal injury results in death. Notice is to be given by the person claiming damage or injury (claimant), or by someone acting in the claimant’s behalf; 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 are to give notice. The notice is required to contain the following facts:
(1) 
The date and time when the injury occurred.
(2) 
The place where the claimant or claimant’s property was at the time when the injury was received.
(3) 
The nature of the damage or injury sustained.
(4) 
The apparent extent of the damage or injury sustained.
(5) 
A specific and detailed statement of how and under what circumstances the damage or injury occurred.
(6) 
The amount for which each claimant will settle.
(7) 
The actual place of residence of each claimant by street, number, city, and state on the date the claim is presented.
(8) 
In the case of property damage, the location of the damaged property at the time the claim was submitted.
(9) 
In the case of property damage, the names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the happening of the damage or any part thereof.
(10) 
In the case of personal injury or death, the names and addresses of all persons who witnessed the happening of the injury or any part thereof.
(11) 
In the case of personal injury or death, the names of the doctors, if any, to whose care the injured person was or is committed.
(Ordinance 70, sec. 1, adopted 10/7/99)
No suit of any nature shall be instituted or maintained against the city unless the claimant shall prove that, previous to the filing of the original petition, the claimant applied to the city council for redress, satisfaction, compensation, or relief, and that the same was by vote of the city council refused.
(Ordinance 70, sec. 2, adopted 10/7/99)
The written notice required by this article shall be effectuated by service upon the mayor or city secretary at the following location: 106 E. Broadway, New Home, Lynn County, Texas 79383, and notice shall be effective only when actually received in the office of the person named above.
(Ordinance 70, sec. 3, adopted 10/7/99)
(a) 
The above written notice requirements shall be waived if the city has actual notice of the death, injury, or property damage likely to result in a claim against the city. The city shall be deemed to have actual notice if that knowledge is attributable to an appropriate city official whose job duties include the authority to investigate and/or to settle claims against the city. In order to waive written notice, the claimant must prove that the city official had knowledge of:
(1) 
A death, injury, or property damage;
(2) 
The city’s alleged fault producing or contributing to the death, injury, or property damage; and
(3) 
The identity of the parties involved.
(b) 
The notice provisions required herein shall likewise not be applicable in cases in which the plaintiff can demonstrate good cause and/or civil rights violations.
(Ordinance 70, sec. 4, adopted 10/7/99; Ordinance adopting Code)
The written notice required under this article shall be sworn to by the claimant or by someone authorized by the claimant to do so on claimant’s behalf. Failure to swear to the notice as required herein shall not render the notice fatally defective. However, 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.
(Ordinance 70, sec. 5, adopted 10/7/99)