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HomeMy WebLinkAboutO-1986-1504 . . ORDINANCE NO. 1504 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 CLAIM; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City Council is the ultimate repository of authority of the City; ~nd WHEREAS, the City Council has the management and control of the finances, properties, and the contractual obligations and the policies of the City; and 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 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 BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte 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 his personal representative in the event the injury results in death, or the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within thirty (30) days from the date the damage or injury was received, give notice in writing to the Mayor and City Council of the following facts: . . ORDINANCE 1504, Page 2 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 claimant 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 La Porte unless 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. No action at law for damage shall be brought against the City for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice herein above described has been filed with the City Secretary. After the expiration of sixty (60) days aforementioned, the complainant may have two (2) years in which to bring action of law. . . ORDINANCE 1504, Page 3 Section i. All notices required by this Ordinance shall be effectuated by serving them upon the City Secretary at the following location: 604 W. Fairmont Parkway, La Porte, 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, nor 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. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the sUbject matter thereof has been discussed, considered and formally acted upon. The City Council further ORDINANCE 1504, pag~ . ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8. This Ordinance shall be effective from and after the date of its passage and approval. PASSED AND APPROVED this 14th day of July, 1986. CITY OF LA PORTE ~~~~ B. Don Skelton, Mayor Pro Tern ATTEST: ~~ City Secretary APPROVED: ~vJ City Attorney