01111988 Regular Meeting - Laserfiche WebLink

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-R- 20. Sec. l2.()IÍ, Special pro~7isions coverinG da(T1aqe suits, should amended as follows: he "Before the City shall be liable to damage claim or suit for personal injury, or damage to property, the person who is injured or whose property is damaged or someone in that person's behalf shall give the City Manager or the person performing the duties of City Secretary notice in writing within ninety (90) days after the occurrence of the alleged iniury, or damage, stating specifically in such notice when, where or how the injury was sustained, and setting forth the extent of the injury or damage as accurately as possible. Provided, however, that the ninety (90) day notice requirement of this section may be extended by a court of competent jurisdiction for good cause shown if the injured party has exercised due diligence, if any delay in giving the notice required by this section is not the result of conscious indifference by the party and if there is no substantial harm to the City caused by the delay...." JUSTI FI CATION: Over the last few years, several Texas courts have held that ninety (90) days is an insufficient period of time to give notice of a damage claim or suit for personal injury or damage to property. There are two ways to correct this problem: The ninety (90) day time period can be extended to One Hundred Twenty (120) days or One Hundred Eighty (180) days, for example, or a good cause provision can be included with the notice requirement. The Charter Review Commission is recommending the above good cause provision so that the City can receive the maximum protection possible from late-filed damage suits. However, neither the Charter Review Commission or the City Attorney can state with certainty that this provision will be upheld by Texas courts. The Commission does believe that the suggested provision is reasonable and fair to prospective claimants as well as to the City. 21. Sec. 12.09, Interim municipal government, should be deleted in its entirety since this provision is now obsolete. For historical purposes, original and amended versions of the City Charter are kept in the City's law library. 22. The Charter Review Commission recommends that a non-binding referendum be included on the ballot in May, 1988, concerning changing the City's election system from a place system to a single-member district system, providing a choice of several types of single-member district systems to choose from.