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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.