95-05 O - Requiring Citizens to Notify City Council of Property Claims CITY OF PROSPER, TEXAS ORDINANCE NO. 95-05
AN ORDINANCE REQUIRING THE CITIZENS OF PROSPER TO
PROVIDE NOTICE TO THE CITY COUNCIL OF ANY CLAIMS FOR
PROPERTY DAMAGE, PERSONAL INJURY OR DEATH;
PROVIDING FOR THE TIME AND LOCATION WHERE THE
NOTICE IS TO BE GIVEN; PROVIDING THAT THE NOTICE MAY
NOT BE WAIVED; PROVIDING THAT THE TIMELY FILING OF •
NOTICE OF ANY CLAIM, AND REFUSAL 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 FOR REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION
HEREOF.
WHEREAS, the City Council of the City of Prosper, Texas ("City Council") is the
ultimate repository of authority of the City of Prosper, Texas ("Prosper").
WHEREAS, the City Council has the management and control of the finances,
properties, and the contractual obligations and policies of Prosper; and
WHEREAS, in the course of providing the many services to its citizenry, claims in
the nature of contracts, tort, property damage, personal injury, wrongful death, and
equitable relief may from time to time arise; and
WHEREAS, it is in the best interests of Prosper, the citizenry, and the claimants
that the City Council be expeditiously informed of the details of such claims; and
WHEREAS, prompt notice to the City Council allows an opportunity to review
and consider the validity of any claim, and provides opportunity for resolution without
resort to the already overburdened judiciary; and
AN ORDINANCE PROVIDING NOTICE TO THE CITY COUNCIL FOR CLAIMS OF PROPERTY DAMAGE,
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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 the claims;
NOW, THEREFORE, BE IT ORDAINED THAT THE CITY COUNCIL OF
THE CITY OF PROSPER, TEXAS:
SECTION 1: Prosper 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 or injury, shall, within six (6) months from the date the damage or injury was
received, give notice in writing to the Mayor and City Council of the following facts:
a. The date and time when the injury occurred 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 sustained.
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,
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.
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h. In the case of property damage, the location of the damaged property at
the time the claim was submitted along with the names and addresses of all
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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 Prosper unless the plaintiff establishes that prior 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 refused by vote of the City Council.
SECTION 3: All notice required by this Ordinance shall be effectuated by
serving them upon the City Secretary at the following location: City of Prosper, 109
South Main Street, Prosper, Texas, 75078, and all such notices shall be effective only
when actually received in the office of the person named above.
SECTION 4: The written notice requirements shall not apply if Prosper has
actual knowledge of death, injury or property damage which is likely to result in a claim
against Prosper. Prosper shall not be deemed to have actual knowledge unless that
knowledge is attributable to an appropriate City Official whose job duties include the
authority to investigate and/or settle claims against Prosper.
SECTION 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 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 allegations and to the weight to be given
to the allegations contained therein.
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SECTION 6: No statements, actions or representations by any city employee, city
official, city council member or other agent or representative of the city shall act to
waive the notice requirements of this Ordinance.
SECTION 7: It is the intention of the City Council that this Ordinance, and every
provision thereof, shall be considered severable and the invalidity of any section, clause
or provision or part or portion of any section, clause, or provision of this Ordinance shall
not affect the validity of any other portion of this Ordinance.
SECTION 8: All provisions of any ordinance in conflict with this Ordinance are
hereby repealed; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance.
SECTION 9: The caption of this Ordinance shall be published in accordance
with the laws of the State of Texas.
SECTION 9: This Ordinance shall become effective after its passage and
publication as required by law.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PROSPER ON THIS THE /! DAY OF rvt, t) , 1995.
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Y MOTHERMON, Mayor
ATTEST: APPROVED AS TO FORM:
jillP7
SH LEY , C��O Dr WOODS
City Secretary City Attorney
Date of Publication: MARCH 20, 1995 , McKinney Courier Gazette
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PUBLISHE 'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF COLLIN,
On this day personallyoppear d e ore a ndersigned authority
one of the publisher's of if E DAILY COURIER-GAZETTE published at McKin-
ney,Texas,who on oath says that the notice hereto annexed was published In
said newspaper C��
on they day of. � 19 /"
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on the day of 19
, . el-- Publisher
Sworn tcand suhscribed before me this. XofAg:4;e-ii•
otary Pub c, oilinuy, Texas
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