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.
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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.
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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
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