(a)
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 for good cause shown from
the date the damage 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 it is presented.
(7)
In 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 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.
(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 the same was by vote of the city council
refused.
(2007 Code, sec. 1.02.061)
All notices required by this article shall be effectuated by
serving them upon the city manager at the following location: 401
West Front Street, Hutto, Texas 78634, and all such notices shall
be effective only when actually received in the office of the person
named above.
(2007 Code, sec. 1.02.062)
(a)
The
above written notice requirements shall be waived if the city has
actual knowledge of death, injury or property damage likely to result
in a claim against the city. The city shall not be deemed to have
actual knowledge unless that knowledge is attributable to an appropriate
city official whose job duties include the authority to investigate
and/or settle claims against the city.
(b)
Notice
requirements shall likewise be waived in cases in which the plaintiff
can demonstrate good cause or civil rights violations.
(2007 Code, sec. 1.02.063)
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 to the weight
to be given to the allegations contained therein.
(2007 Code, sec. 1.02.064)
(a)
The
allowable amount of any claim for tort, contract, tax refund, or any
other claim against the city is hereby reduced and setoff by the amount
that the claimant for such claim owes the city relating to any transaction,
event, or otherwise, including, without limitation, any obligation
to the city arising from or constituting any contract, tort, condemnation,
tax, fee, penalty, fine, or obligation arising under any statute,
rule, regulation, or ordinance, and also including the fair value
of any nonmonetary obligation, plus any interest allowed by law. The
city has and will exercise this right of setoff regardless of whether
the claim against the city and the city's claim did or did not arise
from the same transaction or the same set of operative facts. In exercising
its right of setoff, the city may treat multiple claims against the
city as a single claim and may treat multiple claims by the city as
a single claim.
(b)
Failure
of the city fully to assert such setoff does not waive any city claim
nor estop or otherwise prevent the city from pursuing and collecting
upon such claim or remaining uncollected portion of such claim in
any manner not prohibited by law, including, without limitation, future
setoffs.
(c)
The
city's exercise of its right to setoff that does not realize the full
value of any claim by the city including, without limitation, any
interest allowed by law, does not extinguish any uncollected claim
by the city, nor constitute any election of remedies by the city.
(d)
The
city manager and any city officer or employee designated by the city
manager, and any consultant or other person with whom the city may
contract for this purpose are authorized and directed to ascertain
whether any claimant against the city owes money to the city, to quantify
such obligation to the city, and to see that the amount so found is
properly setoff against the claim against the city.
(e)
As
used in this section, the term "claimant" includes alter egos, partners,
joint venturers, parents, guardians, trustees, and any other person
who at law or equity is responsible for the obligations of the claimant
against the city.
(Ordinance O-2020-025 adopted 8/27/2020)
