§ 11.01. Notice of Claims

Before the city shall be liable for damages for the death or personal injuries of any person or for the damage to or destruction of property of any kind, the person injured, if living, or his representatives, if dead, or the owner of the property damaged or destroyed, shall give the city secretary notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within thirty (30) days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages, and the failure to so notify the city secretary within the time and manner specified herein shall exonerate, excuse and exempt the city from any liability whatsoever. No act of any officer or employee of the city shall waive compliance, or estop the city from requiring compliance, with the provisions of this section as to notice, but such provisions may be waived by resolution of the council, made and passed before the expiration of the thirty (30) day period herein provided, and evidenced by minutes of the council.

Editor's note

Required notice procedures are provided in V.T.C.A., Civil Practice and Remedies Code, Sec. 101.101.