(A)   Statute of limitations. No suit shall be maintained against the city for damages arising out of its failure to keep in proper condition any sidewalks, pavements, viaducts, bridges, streets, waterworks, street lights, municipal docks, and terminals, or other public works places, or by reason of any imputed negligence or other tortious action or actions sounding in tort of the city, in any case, unless it is made to appear that the damage alleged is attributable to the negligence of the city and that written notice of the damage was, within 30 days after the receiving of the injury alleged, given to the City Manager.
   (B)   Liability for negligence. No person shall have a cause of action for damages against the city for damage, injury, death, or loss in case of accident, unless the accident has been caused by the negligence of the city or its duly authorized officials or employees; the negligence was the predominant cause of the injury, death, or loss for which the action is brought; and it is made to appear that written notice of the damage or loss was, within 30 days after the receiving of injury alleged, given to the City Manager, with reasonable specifications as to time, place, and witnesses as would enable the proper city officials to investigate the matter. Upon receiving notice, the City Manager shall have the right to investigate the matter, and there may be reasonable settlement of any damages as may be agreed upon by the City Commission.
   (C)   Public improvement-encroachment. Where the city makes a public improvement and the improvement is made in reliance on a plat dedicating or offering certain lands for pubic use, then all claims or legal action in any court of competent jurisdiction of any property owner contesting the improvement to the extent that it may infringe or encroach on a part or portion of his property, shall be void and of no effect against the city, unless and until a written notice or claim signed by the property owner concerned is given to the City Manager within six months of the beginning of the alleged encroachment. The giving of the notice, in order to allow the city to investigate and settle meritorious claims, is expressly made a condition precedent to the institution of any legal action by a property owner.
(Special Acts, Ch. 57-1754, § 254; Ch. 59-1763, § 17) ('58 Code, § 2.07.19)
Editor's note:
   Section 34.003 is composed of provisions previously set out as section 254 of the Charter. The transfer of this section was at the specific request of the city, pursuant to the Municipal Home Rule Powers Act.
   Streets and sidewalks, see Chapter 100