The City of Burkburnett shall not be liable to any person for damages caused from public buildings or structures, streets, alleys, avenues, highways, public grounds, crossings, bridges and sidewalks being out of repair from the negligence of the city, its officers, agents or employees, unless the same shall have remained so for ten days after special notice in writing has been given to the Mayor of said city, or to the City Manager; provided, the City of Burkburnett shall not be liable, under any circumstances, for damages suffered by any person by reason of any sidewalk, street or other public thoroughfare being out of repair if it appears that the defect in such sidewalk, street or other public thoroughfare consists of the failure on the part of the abutting property owner to provide adequate sidewalks in front of and abutting on his property, for failure of such property owner to pave or otherwise improve that part of the street or other public thoroughfare made incumbent upon him to pave or otherwise improve under this Charter or any valid ordinance of the City of Burkburnett; and the City of Burkburnett shall be exempt from liability for claims for damages growing out of torts due to any act of negligence on the part of its officers, agents or employees.
(Adopted May 8, 1923)