The owner of any lot or land bounding and abutting upon a proposed special improvement, who claims that he will sustain damage by reason of the improvement, shall present the claim to the City Commission at the time of its meeting on the question of whether it should proceed with the improvement as provided in § 36.067. The claim shall be in writing, and shall set forth the amount of damages claimed, with a general description of the property with respect to which it is claimed the damage will accrue. Any owner who fails so to do shall be deemed to have waived the damage, an shall be barred from thereafter filing a claim or receiving damages therefor. This provision shall apply to all damage which will obviously result from the improvement, but shall not deprive the owner of his right to recover damages arising without his fault from acts of the city or its agents.
(Special Acts, Ch. 57-1754, § 187) ('58 Code, § 45.134)