84-091 ORD PROVIDING NOTICE TO CITY COUNCIL OF PROPERTY DAMAGE, PERSONAL INJURY, DEATH, PROVIDING TIME AND LOCATION WHERE SUCH NOTICE IS TO BE GIVEN

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ORDINANCE r1Q. 84-091 AN OR.DINANCE PF.OVIDING FOR P'I'OTICE TQ TFE CITY COUNCIL OF PROPERTY DAMAGE, PERSONAL INJtTR.Y, DEATH, PROVIDING THE TIME AND LOCATION 4JHERE SUCH rIOTICE IS TO BE GIVF.N; PROVIDING THAT SUCH NQTICE MAY NOT BE WAIVED; AND PROVIDING TNAT THE TIMELY FILING OF NOTICE OF ANY CLAIM AND REFUSAL OF SAME BY THE CITY COUNCIL IS A CONDITION PRECEDENT TO THF INSTITUTION OF ANY SUIT; PROVIDING FOR VERIFICATION OF THE tdOTICE OF CLAIr1; AND PP..OVZDING A SEVERABILITY CLAUSE. WHEREAS, the City Council is the ultimate repository of authority of the C3_ty; and WHEREAS, the City Council has the management and control of the finances, properties, the contractual obliga- tions and the policies of the City; and WHERF.AS, in the course of providing the many services to its citizenry, claims in the nature of contract, tort, property damage, personal injury, wrongful d.Path, and equitable relief may from time to time arise; ar_d jaHEREAS, it is in the best interest of the City, the citizenry, and the claima_nts that the City Council be expeditiously inforMed of the details of such claims; and WHEREA.S, an expeditious opportunity for the City Council to review and consider the validity of said claims can allow for resolution without resort being made to the already overburdened judiciary; a.nd jJHEREAS, in order to realistically assess the merits of a.r.y claim presented to it, the City Council is in need of current, accurate factual documentation from those asserting such claim.s; NOW THEREFORE, BE IT ORDAINED BY THE CITY GOUNCIL OF THE CITY OF PART.S: Section 1. The City of Paris shall never be liable for any claim for propert_y damage or for personal injury, whether such personal injury results in death or not, unless the per.son da.maged or injured, or someone in his behalf, or in the event the injury results in. death, the person or persons who may have a cause oj' action under the law by reason of such death injury, as required by the Charter of the City of Paris, shall within thir_ty (30) d,-iys from the date the damage or injury was received, give noticP in writing to the Mayor and City Cour_cil of the fallowing facts: A. The date and time when the iniury or damage occuxred a.nd the place where the injured person or propertv was at the time when the i_r.iury was received. B. The nature of the damage or injury sustained. C. The apparPnt e.xtent of the damage or injury sustained. D. A specific anci detailed statement of how and under wha.t circumstpnces the damage or injury occurred. E. The amount for which each claima.r.ts wi11 settle.