HomeMy Public PortalAboutOrdinance No. 524-85 01-07-1985 ORDINANCE # 5 2 4
PROVIDING FOR NOTICE TO THE CITY OF RICHLAND HILLS OF PROPERTY DAMAGE, PERSONAL
INJURY, OR DEATH; PROVIDING THE TIME AND LOCATION WHERE SUCH NOTICE IS TO BE
GIVEN; PROVIDING FIR REVIEW OF THE CLAIM BY THE CITY Atr'lINISTRAI'OR; PROVIDING
THAT SUCLI NOTICE MAY NOT BE WAIVED; AND PROVIDING THAT THE TIMELY FILING OF
NOTICE OF ANY CLAIM AND REFUSAL OF SAME BY THE CITY COUNCIL IS A CONDITION PRE-
CEDENT ~ TZ-iE INSTITUTION OF ANY SUIT; PROVIDING FOR VERIFICATioN OF THE NOTICE
OF CLAIM; AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, in the course of providing the many services to its citizenry, ~I
claims in the nature of contract, tort, property damage, personal injury, wrong-
s
ful 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 be expeditiously informed of the details of such claims;
and
WHEREAS, an expeditious opportunity to-review and consider the validity of
said claims can allow for resolution without resort being made to the already
• overburdened judiciary; and
WHEREAS, in order to realistically assess the merits of any claim presented
to it, the City is in need of current, accurate factual documentation from such
claims:
NOW THEREFORE, BE IT ORDAINED THAT: I,
SECTION 1.
The City of Richland Hills, Texas shall never be liable for any claims 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
sixty (60) days from the date the damage or injury was received, give notice :in
writing to the City Administrator of the following facts:
(A). The date and time when the injury or damage occurred and the place
where the injured person or property was at the time when the injury
was received. ~I
(B). The nature of the damage or injury sustained.
(C). The apparent extent of the damage or injury sustained.
(D). A specific and detailed statement of how and under what circ~unstances 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. I -
(G). In the case of personal injury or death, the names and addresses of al
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.
(H). In the case of property damage, the location of the damaged property a I'
the time the claim was submitted along with the names and addresses of
all persons who witnessed the happening of the damage or any part then f.
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SDCTION 2. '
The City Administrator shall investigate the claim and shall be authorized tb
deny the claim, approve any claim up to $500.00 or sulznit the claim to the City Couuncil.
The denial of a claim by the City Administrator may be appealed to the City Council by
filing a written notice within ten (10) days after notice of denial. _
SECTION 3.
• No suit of any nature whatsoever shall be instituted or maintained against tie
City of Richland Hills unless the plaintiff therein shall aver and prove that previous
to the filing of the original petition the plaintiff applied to the City Council fpr
redress, satisfaction, compensation, or relief, as the case may be, and that the s
was by vote of the City Council refused.
SECTION 4.
All notices required by this ordinance shall be effectuated by serving them upon
the City Secretary, at the following location: 3200 Diana Drive, Richland Hills, Texas,
and all notices shall be effective only when actually received in the office of the
person named above.
SECTION S.
Neither the Mayor, a City Councilmembex, nor any other officer or employee o~
the City shall have the authority to waive any of the provisions of this ordinance
SECTION C.
The written notice required under this ordinance shall be sworn to by the son
• claiming the damage or injuries or by someone authorized by him to do so on his be alf.
Failure to swear to the notice as required herein shall not render the notice fat.a ly
defective, but failure to so verify the notice may be considered as a factor relat~ng
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to the truth of the allegations and to the weight to be given to the allegations
contained therein.
SECTION 7.
If any provision of this ordinance or the application hereof to any person o~
circumstance is held invalid, such invalidity shall not affect other provisions o~
applications of the ordinance which can be given effect without defeating the purl
pose or objective of the provisions, and to this end, the provisions of this ordi-~
nance are declared to be severable.
SECTION 8.
Wf~REAS, an emergency is apparent for the immediate preservation of order andj
good government that requires this ordinance to become effective at once; thereforje,
upon passage of this ordinance by a favorable vote of the Council, it shall be of-i,
festive from and after the date of its passage.
PASSED AND APPROVED this 7th day of January , 1985.
OR I
ATTEST: '
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~~?~-fit~~it~t i f
CITY SECRETARY
APPROVED AS TO FORM:
CITY RNEY
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