HomeMy WebLinkAbout05229 ORD - 01/07/1959•
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AN ORDINANCE
AN ORDINANCE PROVIDING FOR NOTICE AND PROCEDURE
FOR FILING CLAIMS AGAINST THE CITY OF CORPUS
CHRISTI, TEXAS AND LIMITING THE CITY'S LIABILITY,
IN ACCIDENTS CAUSED BY DEFECTS AND OBSTRUCTIONS
IN dR ON STREETS AND SIDEWALKS OR ANYTHING ELSE;
AND'DECLARING AN'EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. NOTICE OF CLAIMS. BEFORE THE CITY OF CORPUS
CHRISTI SHALL BE LIABLE FOR DAMAGES FOR THE DEATH OR PERSONAL INJURIES
OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY OF ANY KIND,
WHICH DOES NOT CONSTITUTE A TAKING OR DAMAGING OF PROPERTY UNDER ARTICLE '
1, SECTION 17, CONSTITUTION OF TEXAS, THE PERSON INJURED, IF LIVING, OR
HIS REPRESENTATIVES, IF DEAD, OR THE OWNER OF THE PROPERTY DAMAGED OR
DESTROYED, SHALL GIVE THE MAYOR OR CITY COUNCIL NOTICE IN WRITING OF SUCH
DEATH, INJURY, DAMAGE OR DESTRUCTION, DULY VERIFIED BY AFFIDAVIT, WITHIN
NINEVN DAYS AFTER SAME HAS BEEN SUSTAINED, STATING SPECIFICALLY IN SUCH
M
WRITTEN NOTICE WHEN, WHERE AND HOW THE DEATH, INJURY, DAMAGE OR DESTRUC-
TION, OCCURRED, AND THE APPARENT EXTENTIOF 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 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 MAYOR OR CITY COUNCIL 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 STOP 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 ITANEIY: DAY PERIOD HEREIN PROVIDED, AND EVIDENCED BY MINUTES OF THE#
COUNCIL. i
SECTION 2. DAMAGES - CITY NOT LIABLE - LIMITATIONS. THE CITY
OF CORPUS CHRISTI SHALL NOT BE LIABLE FOR DAMAGES TO ANYONE, ON ACCOUNT
OF ANY DEFECT IN, OBSTRUCTION ON, OR ANYTHING ELSE IN CONNECTION WITH ANY
I
SIDEWALK IN THE CITY; NOR SHALL THE CITY OF CORPUS CHRISTI BE LIABLE
FOR DAMAGES TO ANYONE ON ACCOUNT OF ANY DEFECT IN, OBSTRUCTON ON, OR
ANYTHING ELSE IN CONNECTION WITH ANY STREET, ALLEY, OR PUBLIC PLACE,
OTHER THAN ANY SIDEWALK, UNLESS AND UNTIL IT BE SHOWN THAT SOME PERSON,
IN THE EMPLOYMENT OF THE CITY AND HAVING SUPERINTENDENCE OR CONTROL
OF THE WORK ON THE STREETS, ALLEYS OR PUBLIC PLACES, HAD ACTUAL NOTICE
OF SUCH DEFECT, OBSTRUCTION OR OTHER THING, FOR A SUFFICIENT LENGTH
OF TIME BEFORE SUCH INJURY WAS RECEIVED TO HAVE REMEDIED SUCH CONDITION
OF THE STREET, ALLEY OR PUBLIC PLACE BEFORE THE INJURY WAS RECEIVED.
SECTION 3. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVI-
SION) CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID,
IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE
OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE.
SECTION 4. THE NECESSITY FOR PROVIDING A SYSTEM FOR FILING
CLAIMS AGAINST THE CITY AND LIMITING THE CITY'S LIABILITY CREATES A PUBLIC
EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION
OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL
BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING .
DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUS-
PENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON
THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE
IN FULL FORCE AND EFFECT FROM AND AFTER . I S PASSAGE, IT IS ACCORDINGLY
PASSED AND APPROVED, THIS THE _DAY 0F{�> 195%
MAYOR-
. THE CITY OF CORPUS CHRISTI, TEXAS
ATT
CITY SECRIETy"
APPROVED AS 0 LEGAL F THIS
9TH D Y OF ,
CITY ATTORNE
w
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CORPUS CHRISTI, TEXAS
Gm 195r
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
,a
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE] A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT,NO ORDINANCE OR RESOLUTION
SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE
OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THERE-
FORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS
THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING
OF THE CITY COUNCIL.
Respectfully, -
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS,
f
The Charter rule was suspended by the following vote:
Farrell D. Smith ,
W. J. Roberts
B. E. Bigler
t Manuel P. Maldonado
e
Charlie J. Aills
Arthur R. James
l
Odell Ingle
9
The above ordinance was passed by the following vote: 1h-
Farrell D. Smith e
s
W. J. Roberts
i
B. E. Bigler°
Manuel P. Maldonado x
Charlie J. Aills
Arthur R. James f
Odell Ingle IL E
4
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