§ 4.04. Required notice for claims against the City.

Before the City shall be liable for damages for the death or personal injuries of any person or for damages to or destruction of property of any kind, the person injured, if living, or his representatives, if deceased, or the owner of the property damaged or destroyed, his agent or attorney shall give the City Manager or City Secretary notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within six months after the damages were 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 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. No action at law for damages shall be brought against the City for such death, injury, damage or destruction prior to the expiration of 90 days after the notice herein described has been filed with the City Manager or City Secretary.

(Rev. of 5-6-1995)

Editor's note

See also V.T.C.A., Civil Practice and Remedies Code § 101.101 for notice requirements.

State law reference

Governmental liability, V.T.C.A., Civil Practice and Remedies Code ch. 101 et seq.