Section 41.   TORTS.
In no event shall the city be liable in damages for an injury to a person, damage to property, or death, caused by a defect or a dangerous condition in a public thoroughfare, site, or facility, unless the city has had actual notice prior to the injury, damage, or death that the defect or condition existed and has had a reasonable time thereafter in which to repair or remove it. In no case shall more than $500 be recovered as damages for an injury, damage, or death resulting from such a defect or dangerous place. No action shall be maintained against the city for damages growing out of such injury, damage, or death unless the claimant first gives written notice to the council within thirty (30) days after the injury, damage, or death is sustained, stating specifically the time when, the place where, and the circumstances under which it was sustained, and that he will claim damages therefore of the city in an amount which he specifies. But, in no event shall the action be started until thirty (30) days have elapsed after the presentation of this notice to the council.