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<br />. <br /> <br />. <br /> <br />ORDINANCE NO. 1504 <br /> <br />AN ORDINANCE PROVIDING FOR NOTICE TO THE CITY COUNCIL OF PROPERTY <br />DAMAGE, PERSONAL INJURY, DEATH; PROVIDING THE TIME AND LOCATION <br />WHERE SUCH NOTICE IS TO BE GIVEN; PROVIDING THAT SUCH NOTICE MAY <br />NOT BE WAIVED; AND PROVIDING THAT THE TIMELY FILING OF NOTICE OF <br />ANY CLAIM AND REFUSAL OF SAME BY THE CITY COUNCIL IS A CONDITION <br />PRECEDENT TO THE INSTITUTION OF ANY SUIT; PROVIDING FOR <br />VERIFICATION OF THE NOTICE OF CLAIM; PROVIDING A SEVERABILITY <br />CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND <br />PROVIDING AN EFFECTIVE DATE HEREOF <br /> <br />WHEREAS, the City Council is the ultimate repository of <br /> <br />authority of the City; ~nd <br />WHEREAS, the City Council has the management and control <br /> <br />of the finances, properties, and the contractual obligations and <br />the policies of the City; and <br />WHEREAS, in the course of providing the many services to <br /> <br />its citizenry, claims in the nature of contract, tort, property <br /> <br />damage, personal injury, wrongful death, and equitable relief may <br /> <br />from time to time arise; and <br /> <br />WHEREAS, it is in the best interest of the City, the <br /> <br />citizenry, and the claimants that the City Council be <br /> <br />expeditiously informed of the details of such claims; and <br /> <br />WHEREAS, an expeditious opportunity for the City Council <br /> <br />to review and consider the validity of said claims can allow for <br /> <br />resolution without resort being made to the already overburdened <br /> <br />jUdiciary; and <br /> <br />WHEREAS, in order to realistically assess the merits of <br />any claim presented to it, the City Council is in need of current, <br /> <br />accurate factual documentation from those asserting such claims; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF <br />THE CITY OF LA PORTE: <br /> <br />Section 1. The City of La Porte shall never be liable for <br /> <br />any claim for property damage or for personal injury, whether such <br />personal injury results in death or not, unless the person damaged <br /> <br />or injured, or someone in his behalf, or his personal <br /> <br />representative in the event the injury results in death, or the <br /> <br />person or persons who may have a cause of action under the law by <br /> <br />reason of such death or injury, shall, within thirty (30) days <br /> <br />from the date the damage or injury was received, give notice in <br /> <br />writing to the Mayor and City Council of the following facts: <br />