§ 40.01  NOTICE PROCEDURE FOR CLAIMS AGAINST THE CITY FOR DAMAGES FOR DEATH OR PERSONAL INJURY AND DAMAGE TO PROPERTY.
   (A)   Notice.  Before the city shall be liable for damages to any person or entity for death or personal injury, or for damage or injury to real or personal property, written notice of such injury or damage must be given to the city in accordance with the requirements of this section.
   (B)   The person injured or whose property is damaged, or such person's authorized agent shall give written notice of such injury, death or damage to the City Secretary at the city's main office, 2 Lone Oak Trail, Austin, Texas.  The City Secretary shall be the only agent of the city authorized to receive the notice required by this section.  A conveyance of the notice required by this section to any official or agent other than the City Secretary or a conveyance of information other than in writing shall not be effective to comply with the requirements of this section.
   (C)   Deadline for notice.  Written notice required by this section shall be given not more than six months after the earliest date that the injury, death, or damage to property occurs.  Written notice shall be effective only when actually received in the office listed in division (B) of of this section.
   (D)   Contents of notice.  The written notice required by this section must include the following information:
      (1)   All facts indicating when, where, and how the death, injury to person(s) or damage to property occurred;
      (2)   The apparent extent of any injury or damage;
      (3)   The residence of the claimant, if still living, or address of the representative making a claim on behalf of a decedent;
      (4)   The names and addresses of all witnesses to the occurrence forming the basis of the claim or upon who claimant or claimant's representative rely to establish the claim;
      (5)   The name and address of the claimant's representative, if any;
      (6)   Whether the injury or damage is continuing; and
      (7)   The amount claimed for such injury, death, or damage.
   (E)   The city shall not be deemed to have notice of any fact proven at any subsequent trial on a claim which varies materially or is omitted from the facts set out in a written notice submitted to the city in compliance with this section.
   (F)   Before the city shall be liable for any continuing injury or damage, including but not limited to injury or damage resulting from a condition constituting a nuisance, written notice that such injury or damage is continuing, in accordance with this section, must be given.
   (G)   Written notice as required by this section may be waived only by formal resolution of the City Council.
(Ord. 960123A, passed 1-23-1996)