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The City of Dallas may never be liable for any personal injury, whether resulting in death or not, unless the person injured, or someone on the person’s behalf, or if the injury results in death, the person or persons who may have a cause of action under the law by reason of such death injury, files a notice in writing with the city, at a location to be designated by ordinance, within six months after the injury was received. The notice must specifically state:
(1) when, where, and how the exact injury occurred;
(2) the full extent of the injury; and
(3) the amount of damages claimed or asserted.
(Amend. of 6-12-73, Prop. No. 41; Amend. of 5-1-93, Prop. No. 9)
The City of Dallas may never be liable for any claims for damages or injury to real or personal property caused by the negligent act or omission of its officers, servants, or employees, unless the person whose property has been injured or damaged, or someone on that person’s behalf, files a claim in writing with the city, at a location to be designated by ordinance, within six months after the damage or injury occurred. The notice must specifically state:
(1) when, where, and how the exact injury or damage occurred;
(2) the full extent of the injury or damage; and
(3) the amount of damages claimed or asserted.
(Amend. of 6-12-73, Prop. No. 41; Amend. of 5-1-93, Prop. No. 9)
The city may not be liable for claims for contribution or indemnity, unless the person asserting the claim gives notice, in writing, to the city, at a location to be designated by ordinance, within six months after the occurrence that is the basis for the claim. The notice must specifically state:
(1) that the claim is for contribution or indemnity;
(2) a description of the parties involved;
(3) when, where, and how the exact injury, death, or property damage occurred;
(4) the full extent of the injury, death, or property damage; and
(5) the amount of contribution or indemnity claimed or asserted.
(Amend. of 4-3-76, Prop. No. 11; Amend. of 5-1-93, Prop. No. 9)
(a) Subject to Sections 1, 2, and 3 of this chapter, in order to accomplish justice and fairness, the city council shall have the power and authority to pay claims that it deems to be meritorious for damages to real or personal property and for personal injury whether resulting in death or not, suffered by any member of the public through no fault of his or her own, but that results from direct, positive, affirmative action or physically doing of something that should not have been done by officers, agents, or employees of the city while engaged in the performance of a governmental function; provided, however, that no claim may be settled, compromised, and paid if such claim would be barred by applicable statutes of limitations.
(b) No payment shall be made unless the claimant accepts the amount allowed as in full compromise and settlement of all amounts claimed or to be claimed against the city, its officers or employees, arising from the same facts. In the event that no settlement is made, nothing herein contained or done hereunder shall prejudice the city in any defense that it may have in any suit or action. Nothing contained herein shall be construed as creating a cause of action or the giving of any right to institute or maintain any suit or action that would not otherwise exist or be cognizable under the law as a legal claim; provided, however, this section may never be used to pay any claim arising under Section 5 of this chapter concerning claims arising out of floods, war, insurrection, riot, civil disorder, or commotion. (Amend. of 11-8-05, Prop. No. 13)
The City of Dallas shall never be liable to any person or persons for any personal injury or property damage of any nature resulting from or occasioned or arising out of floods, war, insurrection, riot, civil disorder or commotion. The provisions of this section shall never be waived and any attempt at payment shall be void and subject to injunction by any court of proper jurisdiction.
Neither the mayor, any city council member, the city manager, the city secretary, the city attorney, nor any other officer or employee of the city, shall have authority to waive any of the provisions of this chapter, but the same may be waived only by resolution of the city council made and passed before the expiration of the six month period provided for in this chapter, which resolution shall be evidenced by the minutes of the city council. Such waiver shall never be made in regard to claims arising out of Section 5 of this chapter. (Amend. of 11-8-05, Prop. No. 13)