1986M18- NOTICE TO THE CITY
ORDINANCE NO.
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AN ORDINANCE PROVIDING FOR NOTICE TO THE CITY
COUNCIL OF PROPERTY DAMAGE, PERSONAL INJURY,
DEATH, PROVIDING THE TIME AND LOCATION WHERE
SUCH NOTICE IS TO BE GIVEN; PROVIDING THAT
SUCH NOTICE MAY NOT BE WAIVED; AND PROVIDING
THAT THE TIMELY FILING OF NOTICE OF ANY CLAIM
AND REFUSAL OF SAME BY THE CITY COUNCIL IS A
CONDITION PRECEDENT TO THE INSTITUTION OF ANY
SUIT; PROVIDING FOR VERIFICATION OF THE
NOTICE OF CLAU1; AND PROVIDING A SEVERABILITY
CLAUSE.
WHEREAS, the City Council is the ultimate repository of
authority of the City, and
WHEREAS, the City Council has the
contr 01 of the finances, propert ies, and
obligations and the policies of the City; and
management and
the contractual
WHEREAS, in the course of providing the many services
to its citizenry, claims in the nature of contract, tort,
property damage, personal injury, wrongful death, and equitable
relief may from time to time arise; and
WHEREAS, it
citizenry, and the
expeditiously informed
is in the best interest of the Ci ty,
claimants that the City Council
of the details of such claims; and
the
be
WHEREAS, an expeditious opportunity
Council to review and consider the validity of
allow for reEwlution without resort being made
overburdened judiciary; and
for the City
said claims can
to the al ready
WHEREAS, in order to realistically assess the merits of
any claim presented to it, the City Council is in need of
current, accurate factual documentation from those asserting such
claims; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1
The City of Schertz shall never be 1 iable f or any claim for
property damage or f or per sonal inj ury, whether such per sonal
inj ury results in death or not, unless the per son 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 flJayor and City Council of the following
facts:
(A) 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.
(B) The nature of the damage or injury sustained.
(C) The apparent extent of the damage or injury
sustained.
(D) A specific and detailed statement of how and under
what circumstances the damage or injury occurred.
IE) The amount for which each claimants will settle.
(F) The actual place of residence of each claimant by
street, number, city and state on the date the claim is
presented.
(G) 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.
(H) 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.
SECTION 2
No suit of any nature whatsoever shall be instituted or
maintained against the City of Schertz 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.
SECTION 3
All notices required by this ordinance shall be effectuated by
serving them upon the City l1anager at the following location:
1400 Live Oak Road, Schertz, Texas, and all such notices shall be
effective only when actually received in the office of the person
named above.
SECTION 4
Neither the Mayor, a City Councilmember, or any other officer or
employee of the City shall have the authority to waive any of the
provisions of this ordinance.
SECTION 5
The written notice required under this ordinance 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.
SECTION 6
If any provision of this ordinance or the application hereof to
any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of the ordinance
which can be given effect without defeating the purpose or
objective of the provisions, and to this end, the provisions of
this ordinance are declared to be severable.
SECTION 7
WHEREAS, an emergency is apparent for the immediate preservation
of order and good government that requires this ordinance to
become effective at once; therefore, upon passage of this
ordinance by a favorable vote of the Council, it shall be
effective from and after the date of its passage.
Sck
PASSED, APPROVED AND
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ADOPTED this the
, 1986.
day of
ATTEST:
ity of Schertz
(SEAL OF CITY)
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