Before the city shall be liable in any suit, including suits
for damages, injury or destruction to property of any kind or nature
or for damages, torts or injuries to persons of any kind or nature,
in the event the injury results in death or injuries to another, 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 for
good cause shown within six (6) months from the date the damage or
injury was received, serve written notice upon the mayor and city
council which includes all of the following information:
(1)
The
date and time when the injury or damage occurred and the location
of the incident.
(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 the facts of the incident 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 and the actual residence
of such claimant for the six months immediately preceding the incident.
(7)
In
the case of personal injury, tort claims, 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 incident or any part thereof or who
have relevant information.
(Ordinance 1999-09-27-09, sec. 1,
adopted 9/27/1999; 2009 Code,
sec. 1.02.061)
No suit of any nature whatsoever shall be instituted or maintained
against the city unless the plaintiff(s) therein shall aver and prove
that prior to the filing of the original petition the plaintiff(s)
complied with the notification requirements set forth herein and did
thereby request from the city council the redress, satisfaction, compensation,
or relief demanded in such suit, and that the same was by vote of
the city council refused.
(Ordinance 1999-09-27-09, sec. 2,
adopted 9/27/1999; 2009 Code,
sec. 1.02.062)
All notices required herein must be served upon the mayor and
the city council by certified mail or by personally serving said persons.
All such notices shall be effective only when actually received. The
claimant must prove that service upon the appropriate persons was
perfected as herein required.
(Ordinance 1999-09-27-09, sec. 3,
adopted 9/27/1999; 2009 Code,
sec. 1.02.063)
Failure to notify the mayor and city council within the time
and manner provided herein shall exonerate, excuse and exempt the
city from any liability whatsoever.
(Ordinance 1999-09-27-09, sec. 4,
adopted 9/27/1999; 2009 Code,
sec. 1.02.064)
No person may waive the notification requirements established
herein. Actual knowledge of the incident shall not constitute a waiver
of the requirement of a written notification and service of such notice.
(Ordinance 1999-09-27-09, sec. 5,
adopted 9/27/1999; 2009 Code,
sec. 1.02.065)
