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
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.
Passed and adopted this lOth day of December, 1984.
6 ^.U 'A Lala-'l
J e ra am, Mayor
ATTEST:
H. . C-Giyeene, City C er
APPROVED AS TO FORM:
~
~
T. K. Haynes, City Attorney
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.
11. In the case of property damage, thP location of
the damaged property a.t the time the claim was
submitted along with the names and addresses of
all persons who witnessed the happening of the
dama.ge or any part thereof.
Section 2. No suit of any nature whatsoever shall be
instituted or maintained against the City of Paris unless
the plaintiff therein sha11 aver and prove that previous to
the filing of the original petitiorR 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.
Section 3. All notices required by this ord.inance
shall be effectuated by serving them upon the (City
Secretary, City Clerk or City Manager) at the following
location: 135 lst Street S.E., Paris, Texas 75460, and all
such notices shal.l be effective only when actually received
in the office of the person named above.
Section 4. rdeither the Mayor, a City Council member,
nor any other officer or employee of the City shall have the
authority to waive any of the provisions of this ordinance.
Section 5. The written notice required under this
ordinance shall be sworn to by the person claiming the
damage or injuries or by someon.e authorized by hiM to do se
on his behalf. Fai_lure to swear to the notice as required
herein shall not render the notice fatally defective, but
failure to so verify the notice may be considered. bv the
City Council as a factor relating to the truth of the
allegations and to the weight tc be given to the allegations
contained therein.
Section 6. If any provision of this ordinance or the
applicatiar_ hereof to any person or circumstance is held
invalid, siich invalidity shall not affect other provisi_ons
or applications of the ordinance which can be given effect
without defeating the purpose or obiective of the pro-
visions, and to this end, the provisions of this ordinance
are declared to be severable.
Section 7. WHEREAS, an emergency is apparent for
the immediate preservatior of order and good governm.ent that
requires this ordinance to become effective at once;
therefore, upon pa.ssage of this ordinance by a favorable
vote of the Courcil, it shall be effective from and after
the date of its passage.