HomeMy WebLinkAbout799 07-24-1984ORDINANCE NO. 799
AN ORDINANCE
PROVIDING FOR NOTICE TO THE CITY OF
EULESS OF PROPERTY DAMAGE, PERSONAL IN-
JURY, DEATH, PROVIDING THE TIME AND LO-
CATION WHERE SUCH NOTICE IS TO BE GIVEN;
PROVIDING THAT SUCH NOTICE MAY NOT BE
WAIVED; AND PROVIDING THAT THE TIMELY
FILING OF NOTICE OF ANY CLAIM AND RE-
FUSAL OF SAME BY THE CITY COUNCIL IS A
CONDITION PRECEDENT TO THE INSTITUTION
OF ANY SUIT; PROVIDING FOR VERIFICATION
OF THE NOTICE OF CLAIM; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN
EMERGENCY.
WHEREAS, the City Council is the ultimate repository of
authority for the City; and
WHEREAS, the City Council has the management and control
of the finances, properties, the contractual obligations and
the policies of the City; and
WHEREAS, in the course of providing the many services to
its citizenry, claims in the nature of contract, tort, property
damage, personal injury, wrongful death, and equitable relief
may from time to time arise; and
WHEREAS, it is in the best interest of the City, the
citizenry, and the claimants that the City Council be expedi-
tiously informed of the details of such claims; and
WHEREAS, 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 over-
burdened judiciary; and
WHEREAS, in order to realistically assess the merits of
any claim presented to it, the City Council is in need of
current, accurate factual documentation from those asserting
such claims:
NOW, THEREFORE, BE IT ORDAINED THAT:
Section 1.
The City of Euless 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 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 injury, shall
within thirty (30) days from the date the damage or injury was
received give notice in writing to the City Secretary of the
City of Euless of the following facts:
(A). The date and time when the injury or damage oc-
curred 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 sus-
tained.
ORDINANCE 799 -2-
(D).
A specific and detailed statement
of how
and under
what circumstances the damage or
injury
occurred.
(E).
The amount for which each claimant
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 witnesses
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.
(H). In the case of property damage, the location of the
damaged property at the time the claim was sub-
mitted along with the names and addresses of all
persons who witnessed the happening of the damage
or any part thereof.
SECTION 2.
No suit of any nature whatsoever shall be instituted or
maintained against the City of Euless 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.
SECTION 3.
All notices required by this ordinance shall be effectu-
ated by serving them upon the City Secretary at the following
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location: 201 North Ector Drive, Euless, Texas, 76039, and all
such notices shall be effective only when actually received in
the office of the person named above.
9RCTTnN 4_
Neither the Mayor, a City Councilmember, nor any other
officer or employee of the City shall have the authority to
waive any of the provisions of this ordinance.
9RrTTnN 5 _
The written notice required under this ordinance shall be
sworn to by the person claiming the damage or injuries or by
someone authorized by him to do so on his behalf. Failure to
swear to the notice as required herein and by the Charter of the
City of Euless shall not render the notice fatally defective,
but failure to so verify the notice may be considered by the
City Council as a factor relating to the truth of the allega-
tions and to the weight to be given to the allegations contained
therein.
SECTION 6.
If any provisions of this ordinance or the application
hereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without defeating the
purpose or objective of the provisions, and to this end, the
provisions of this ordinance are declared to be severable.
SECTION 7.
WHEREAS, an emergency is apparent for the immediate pre-
servation of order and good government that require this
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ordinance to become effective at once; therefore, upon passage
of this ordinance by a favorable vote of the Council, it shall
be effective from and after the date of its passage.
PASSED AND APPROVED this the 24th day of July, 1984.
Harold Samuels,
ATEST:
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Kay ainey, City Secretary
orney
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