Ord 90-2006 12/5/2006 � �.
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ORDINANCE NO. "LO ' �
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING SECTION 2-1091 OF THE CODE OF
ORDINANCES TO REDUCE THE TIME ALLOWED WITHIN WHICH TO
FILE A CLAIM AGAINST THE CITY; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Texas Tort Claims Act authorizes municipalities to set a time
period for notice of claim via charter and ordinance provisions; and,
WHEREAS, Section 2-1091 of the Code of Ordinances requires those persons
desiring to file a claim for damages against the City of Wichita Falls to provide such
notice of claim in writing within six months after the date of any such damage or injury;
and,
WHEREAS, the sooner the City is made aware of a claim, the quicker it can
investigate the al�egations, obtain accurate witness statements, and process and
protect evidence related to the claim. The longer the City goes without notice of an
incident, the more likely it is that evidence will be lost or destroyed; and,
WHEREAS, changing the notice period from six months to 45 days will result in
the City receiving earlier notices of claims, allowing the City to better provide an
appropriate response, defense, or remedy. This will benefit the claimant in situations
where the City is at fault and will benefit the City in situations involving frivolous claims.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Section 2-1091 of the Code of Ordinances, Method of Filing Claims
Against the City, is hereby amended to read as follows:
"Sec. 2-1091. Method of filing claims against the city.
(a) The city shall never be liable for damages of any kind 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, if the injury results in death, the
person who may have a cause of action under the law because of such death or injury
shall, within forty-five days after the date the damage or injury occurred, give notice in ,
writing to the city of the claim for damages, which notice shall state the following facts
specifically and in detail:
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(1) The date and time when the damage or injury occurred, and how and under
what circumstances it occurred.
(2) The nature and extent of the damage or injury sustained.
(3) The amount of money damages sustained, and the amount for which the
claimant will settle the claim.
(4) The actual residence of the claimant by street and number, city and state,
on the date the claim is presented, and the actual residence of such claimant for six
months immediately preceding the occurrence of such damage or injury.
(5) The names and addresses of all persons who, according to the knowledge
or information of the claimant, witnessed the occurrence which caused the damage or
injury.
(b) All notices required by this section shall be given to the city by delivering a
copy to the city clerk in the Memorial Auditorium building in the city, and such notices
shall be effective only when actually received in the office of the city clerk.
(c) The failure to notify the city of a claim within the time and in the manner
specified in this section shall exonerate, excuse and exempt the city from any liability
whatsoever because of such damages or injuries."
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 5 day of December, 2006.
�-
MAYOR
ATTEST:
�
i y Clerk
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Affidavit of Publication
THE STATE OF TEXAS #176065
COUNTY OF WICHITA
OR DI y N ¢ A�MCE .N� .
ORLt1NAN�E'OF THE
CITY �OUNCIL OF th
THH' CIT� OF WICHI- OII t�11S 19 day of December 2006 A D...
AMEN �kG ECT ON personally appeared before me, the undersigned authority
2-1091 OF THE CODE ;
o F o R o rn N c s s ro Kathy Salan, Sales Assistant for the Times Publishing
A L L�O W� Q W f T H W � Company of Wichita Falls, publishers of the Wichita Falls
WHtCH TO FII.E A.
c�a,�� a,cA�NST T►,e Times/Record News, a newspaper published at Wichita Falls in
CITY; :,;
ORfSfNANC� NO. '_ WIC�11tA COUII� Texas, and upon being duly sworn by me, on
ORQINAN rH� oath states that the attached advertisement is a true and
CITY COUMCIL OF
TA�PAtl9',F E'xas' correct copy of advertising published in One (1) issues hereof
A M' E N� f l`tG C H R P:• on the followin date
TER 26; gUSINESS . g •
REGULA710NS, AT ,'
AR t ,
LA7`�Na SOL CETA- D6C8TYlUeI' 17� 20�6
TIONi-PROVIDING �
FOR SEVERABILITY;
Sales Assistant for Times Publis 'ng Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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