Section
General Provisions
35.01 National Incident Management System adopted
Notice of Claims
35.15 Notice required
35.16 Proof of filing notice required
35.17 Notice to be on file in City Hall
35.18 No authority to waive provisions
35.19 Sworn allegations
35.20 Exceptions
Records Management Policy
35.35 Definition of municipal records
35.36 Additional definitions
35.37 Municipal records declared public property
35.38 Policy
35.39 Designation of Records Management Officer
35.40 Records management plan to be developed; approval of plan; authority of plan
35.41 Duties of Records Management Officer
35.42 Duties and responsibilities of department heads
35.43 Records control schedules to be developed; approval; filing with state
35.44 Implementation of records control schedules; destruction of records under schedule
35.45 Destruction of unscheduled records
Statutory reference:
Immunity of certain governmental functions, see Tex. Civil Practice and Remedies Code, § 101.055
Limitation on amount of liability, see Tex. Civil Practice and Remedies Code, § 101.023
GENERAL PROVISIONS
NOTICE OF CLAIMS
The city shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his or her behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within 60 days or within six months for good cause shown from the date the damage or injury was received, give notice in writing to the Mayor and City Council of the following facts:
(A) The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received;
(B) The nature of the damage or injury sustained;
(C) The apparent extent of the damage or injury sustained;
(D) A specific and detailed statement of how and under what circumstances the damage or injury occurred;
(E) The amount for which each claimants will settle;
(F) The actual place of residence of each claimant by street, number, city and state on the date the claim is presented;
(G) In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant witnessed the happening of the injury or any part thereof and the names of the doctors, if any; to whose care the injured person is committed; and
(H) In the case of property damage, the location of the damaged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof.
(1995 Code, § 1.301) (Ord. 81, passed 7-22-1986)
No suit of any nature whatsoever shall be instituted or maintained against the city unless the plaintiff therein shall aver and prove that previous to the filing of the original petition the plaintiff applied to the City Council for redress, satisfaction, compensation or relief as the case may be, and that the same was by vote of the City Council refused.
(1995 Code, § 1.302) (Ord. 81, passed 7-22-1986)
All notices required by this subchapter shall be effectuated by serving them upon the City Secretary at the following location: Highway 274 South, Tool, Texas at the City Hall, and all such notices shall be effective when actually received in the office of the person named above or when mailed by certified mail, five-day return receipt requested.
(1995 Code, § 1.303) (Ord. 81, passed 7-22-1986)
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