Loading...
86-19-Ordinance-Providing Notice of Claim Property and Personal Injury-09/02/1986CITY SECRETARY ORIGINAL Copy ORDINANCE NO. 86-19 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; PRO- VIDING THAT SUCH NOTICE MAY NOT BE WAIVED; AND PRO- VIDING .THAT THE TIMELY FILING OF NOTICE OF ANY CLAIM AND REFUSAL OF SAME BY THE CITY COUNCIL IS A CONDI- TION PRECEDENT TO THE INSTITUTION OF ANY SUIT; PRO- VIDING FOR VERIFICATION OF THE NOTICE OF CLAIM; 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 management and control of the fi- nances, properties, and contractual obligations and the policies of the City; and WHEREAS, in the course of providing the many services to its zenry, claims in the nature of contract, tort, property damage, per- sonal injury, wrongful death, and equitable relief may from time to time arise; and WHEREAS, it is in the best interest of the City, the citizenry, and the claimants that the City Council be expeditiously informed of the details of such claims; and WHEREAS, an expeditious opportunity for the City Council to review and consider the validity of said claims can allow for resolution without resort being made to the already overburdened judiciary; and 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 THAT: SECTION I The City of Sanger 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 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. E. The amount for which each claimants will settle. -1- CITY SECRETARY ORIGINAL COPY 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 know- ledge 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 there- of . SECTION II No suit of any nature whatsoever shall be instituted or main- tained against the City of Sanger 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 III All notices required by this ordinance shall be effectuated by serving them upon the City Secretary at the following location: 201 Bolivar Street (Do not use post office box address), and all such notices shall be effective only when actually received in the office of the person named above. SECTION IV 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 V 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 VI 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 ordi- nance are declared to be severable. -2- CITY SECRETARY ORIGINAL COPY SECTION VII WHEREAS, an emergency is apparent for the immediate preservation of order and good government that requires this ordinance to be- come 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. PASSED AND APPROVED this day of , 19 Fe . ATTEST: toyer, City Secretary -3-