HomeMy WebLinkAbout1955-09-06 Ordinance Providing Notice for DamagesAN ORDINANCE PROVIDING FOR NOTICE OF CLAIMS FOR DAMAGES FOR THE
DEATH OR PERSONAL INJURIES OF ANY PERSON OR FOR DAMAGES TO OR
DESTRUCTION OF PROPERTY, MAKING SUCH NOTICE CONDITION PRECEDENT
TO THE RIGIiT TO SUE THE CITY OF STEPHENVILLE, TEXAS ANL PRESCRIB-
ING THE AUTHORITY TO WAIVE NOTICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
Section One
Before the City of Stephenville, Texas shall be liable for
damages for the death or personal injuries of any person or for
damages to or destruction of property of any kind, which does not
constitute a taking nor damaging of property under Article I,
Section 17, Constitution of Texas, the person injured, if living,
or his representatives, if dead, or the owner of the property
damaged or destroyed, shall give the city council or city secretary
notice in writing of such death, injury, damage or destruction,
duly verified by affidavit, within 45 days after same has been sus-
tained, stating specifically in such written notice when, where
and how the death, injury, damage or destruction, occurred, and
the apparent extent of any such injury, the amount of damage sus-
tained, the actual residence of the claimant by street and number
at the date the claim is presented, the actual residence of such
claimant for six months immediately preceding the occurrence of
such death, injury, damage or destruction, and the names and ad-
dresses of all witnesses upon whom it is relied to establish the
claim for damages.
Section Two
The failure to so notify the city council or city secre-
tary within the time and manner specified hereinabove shall ex-
it !i onerate, excuse and exempt the city of Stephenville, Texas from
any liability whatsoever.
Section Three
No act of any officer or employee of the City shall waive
compliance or estop the city from requiring compliance with the
provisions of this ordinance as to notice, but such provisions may
be waived by resolution of the city council, made and passed before
the expiration of the 45 day period herein provided and evidenced
by minutes of the city council of the City of Stephenville.
Section Four
This ordinance shall become effective after its passage
and publication and the city secretary shall give notice of the
passage by causing the ordinance to be published in the Stephenville
Daily Empire, the official newspaper of the City of Stephenville,
Texas, within 10 days after the passage of this ordinance.
PASSED AND APPROVED this th
ATTEST: 2
l/ io
City Secretary
e day of S e 1955.
Mayor