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HomeMy WebLinkAboutOrdinance - 1646-1954 - Establishing Rules And Regulations Governing The City's Liability. - 12/21/1954. (~-~t .-\..954 '• . . 0 \ -\ ~ - \ sss r ~ ~ .. . ' ORDINANCE NO. J6J.6 " A.N ORDINANCE ESTABLISHING ·RULES AND REGULATIONS GOVERNING THE CITYtS LIABILITY AND PROVIDING FOR EXEMPTION FROM LIABILITI IN CASES OF SPIDIFIC t-13-55 J PERFORMANCE, BREACH OF CONTRACT OR DAMAGES TO THE PERSON OR ANY P.BOPERTY, vaue;hn VJ REAL OR PERSONAL, UNLESS A WRITTEN CLAIM IS FILED WITH THE CITY SECRETARY son,Ci ty 1 OF THE CITY OF LUBBOCK; SETTING UP THE REQUIREMENTS OF SUCH NOTICE AND THE fl.ttory, TOO AND MANNER OF SUCH NOO'ICE; PROVIDING FOR A CLADS JOURNAL, MAKING IT sai d A PUBLIC RECORD; REQUIRING ENTRIES TO BE MADE IN SOOH CL.A.~ JOURNAL BY THE :;ublish , CITY SECRETARY AND PROVIDING FOR AN INVESTIGATION AND REPORl' TO THE CITY ~oMplete MANAGER OR CITY COMMISSION; .AND CONTAINING A SAVI!llS CLAUSE. )rdir.ance Publish on Jan.· 1 16 & 23, ,, Copy 1-18-54 to ity Atty WHEREAS, heretofore the City of Lubbock has adopted a Home Rule Charter and such Charter contains provisions tor tilimg ot claims and the giving ot notices within a thirty (:~0) day period trom. the date a cause of action arises against the City ot Lubbock, such provisions being Article II, Section 8 (12) and Article IX, Section 2 (177) of the City of Lubbock Charter; and, WHEREAS, Article 1175 R.c.s., 1925 in Section 6 thereof grants to each home rule city tull powr ot local selt-govermoent and the fUrther right to provide tor the e.xemption trom liability on account ot any claim tor &DJ' damages to any person or property, or to tix such rules and regulations governing the City's liability as •:r be deemed advisable by such Hom Rule City; and, WHEREAS, the Charter provisions above aentiomed are not detailed or specific enough upon vhieh to tully and adequately insure and protect the Cit,y's interest and give to prospective claimants a detailed procedure to be followed in the filiDg ot claims; and, WHEREAS, it is deemed necessar.y b,y the City Commission to enact an ordinance settiDg up in detail the manner and procedure to tollov in the tiling of claims against the City of Lubbock in the interest of public policy and such regulations are deemed by the Cit7 Comad.ssion to protem ttle ltmicipality f'roa the expense ot needless litigation and give it the opportunity for inwstigation and allow 1 t to adjust differences and settle claims vi thout suit and in so dt'>ill8 set up a valid condition precedent to the fUiDg or suit against the City of Lubbock and upon failure to compl7 will exempt the City of Lubbock from liability; N 0 V, T H E R E F 0 R E, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOOKs smTIOB 1. Before the Cit7 ot Lubbock shall be liable for da.mages tor the death or personal injuries ot a~ person, the person injured, if living, or his representatives, it dead, shall tile vith the Cit7 Secretar.r, an itemized notice in writing of such death or injury, dul.T sworn to within thirty (30) days after injury bas been sustained, stating in such written notice, vhen, where and Ji~· the death or injury occurred, and the apparent extent of aey such ' injuryt the aJIIOunt ot damages sustained, the actual resi-dence of the claimant by street and number at the date the claim is presented, the actual residence or such claimant for six months immediatelr preceding the occurrence ot such death or inJury, and the names and addresses of all the witnesses upon vhom it is relied to es.tablish the claim for damages. II/ •. / I f II I I I ,, I ,, II .. nooTIOR 2. Before the City or Lubbock shall be liable for uq claim ot .tic performance or breach of contract, the peraon, f'irm, association, oration or partnership making such claims hall rue with the City Secretaey, iteaized notice in writing or such claim f'or specific per1'orma.nce or breaGh 01' contract, dul7 sworn to, within thirt,-(30) dqa after such cause of' action has accru.ed, stat1Dg in such written notice when, where and how the clailll tor specific performance or breach of contract occurred, and the amount and kiM of damages sustained, the actual residence of' the clai•nt b,y street and number at the date the claia is presented, tba actual residence ot ncb clai•nt for adz 11011ths i:BBdiatel7 preceding the accrual of such caase of' action, and the Da.JMS and addresses of' all the witnesses upon whom it is relied to establish the claim for specifiC pertormance or breach of CODtract. SEC'riOI 3· Before the Cit7 of' Lubbock shall be liable for daaages .to 07 proper't7, either real or peraoD&l, the person, firm, association, corporation or partnership asserting nob claia for daages to propert,-shall tile with the Citr Seereta17 an itellized notice in vriti!ll of such clai.Ja duly sworn to, vi thin thirty (30) dqs attar the sam has been sustained, stating ill such vri tten. notice vben, where and hov the injUI'7 or damages occurred, and the extent ,, ot &D1' such injury, the amount of damages sustained, the actlUll residence ot the I claiMnt by street and maber at the date the claia is preaented, the actual 1 reside:nce ot such claillant tor si% llOntbs i.Jimadiately preeediDg the occurrence of I such damages or injUI'1, and the D!UDSS and addresses of' all the vitDBssee upon vhom lt it is relied to establish the claim tor damages. i S!X}TIOB 4. Before the City of Lubbock shall be liable tor dulages tor &D7 I character of tort~ th8 person, firm, aasocia tion, corporation or partnership · asaerting such claim shall tile with the Cit,-Secretar,y an itemized notice in 1 vritiDg of such elaia du.l.y sworn to within 30 dqs attar the torUous act has bean ooE. tted stating in such vri tten notice when, vbe:N and h~ the injur;y or daages occurred am the extent of any such injury, the amount of damages sustailled, the actual residence of the clai-.nt by street and DlJDber at the date the claim is presented, the actual residence of such cl•1Mnt tor six (6) months t.aediate~ preoedi.ng the occurrence of such dallagee or iDjU17 aDd the Daii8S and addresses of all the witnesses upon whom it is relied to establish the claia tor damagea. S!L'TIOI 5. Jo suit shall be instituted or miutained on aD.J' such claia until the expiration of n1Det1 (90) days trom the tiM auch notice shall have been given in the tiM and •nner set out hereinabove. SEX:TIOI 6. Failure on the part of a117 clai•nt to tUe such elaia with the Cit,-Secretary in the tbe and mDner specified herein shall exonerate, excuse and exempt the Cit,-trom any liab1lit7 whatsoever. S~ION 7. Upon till!lg of &DT such elaia with the City Seoretar,. as herein- above provided, the City Sec:retary shall note in a separate jourDaD. kept tor that purpose, the hour and date ot the receipt ot such claim, and such claia together vith the Clai• Joumal. shall be dee•d ancl do coutitute public records of the City of Lubbock. -2- v smTIOI 8. The claill .filed Vitb the Cit;r Secret.arJ sbaU be retained ia the tiles of the City Secretary and true and correct copies of such clU. shall be ade anct .f'ortbvith transmitted or forwarded; om to the City Attorney; oaa to the City Manager; one to the Department Head or Director ooa.rnadJ.. and one to the person actimg as investigator of tbe claim .f'or the Oit;y. SECTION 9. The forwarding of such copies ot notice of clai• or a~ recomematioDS, reports, words or acta ot the City Attorm;r,City Manager, IDVestigator, Department Head, or Director, or au,y other officer, employee or agent of the Cit,y shall never be construed to be an admission of liabilit;y, I acknowle~.D'L of the sutfieiencry of such notice, waiYer of girlDg the notice required hered:n or waiYer ot au,y legal detenae ot the City. SECTION 10. All CLADS of One Bumred and no/100 ($100.00) Dollars or more shall be submitted to the City Commission of the Cit;y ot Lubbock for approval or rejection. The City Manager m&J authorize paJBSDt of any claia lese than One hundred Dollars, if pa,-mnt ot such claim is approved by the City AttornEJ7• SECTION 11. It a~ section, sub-section, aeate&ee, clause, phrase or portion of tis ordinance is for a~ reason held im&lid or unconstitutional by an court of competent jurisdiction, such portion shall be deemed a separate, distinct and ~ependent prevision and such holding shall not attect the 1 re.U.ning portions hereof. AID IT IS SO ORDERED On motion of Coa:1,..s1oner Carpenter ____ F_or_r_e_s_t--·------' the foregoing Ordiaance was passed on first readiug the 2l!ft. ' day of D~emoer 19 54 , by the following voteJ Collllisaionsrs Yoting "YEA • :carpenter, Forrest ar¥1 Mayor Tripp Commissioners votimg "NAY•s None On aotion of COJaissioDer __ _..'Bt.-k~4!1r _____ . , seconded by Co.Uasioner ____ ...,jF=--CC"~re~st,__ ____ , the toregoiug ordinance vas passed on 88QS)nd readiag tbe llth day ot -·--:;:.:Jm::.::ua:.:..rr"------''195..L, by the following votes CommiasiODera voting wr&A•s Commissioners votiDg •HAY•: ATTES'l'c Baker, Ca~nter, Forrest, ThOUBs and Mayor Tripp NOlle l I _.