ORD 1982-24 - Claims ProcedureORDINANCE NO. 82 -18
AN ORDINANCE AMENDING THE CODE OF ORDINANCE
OF THE CITY OF HUNTSVILLE, TEXAS, BY AMENDING
CHAPTER 1, GENERAL PROVISIONS, BY THE
ADDITION OF A NEW SECTION 1 -15; PROVIDING A
REPEALING CLAUSE; AND PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
WHEREAS, Section 14.07 of the Charter of the City of
Huntsville specifically provides the manner for perfecting a
claim for damages against the City; and
WHEREAS, the City wishes for claims to be properly submitted
and directed through appropriate administrative channels;
and
WHEREAS, the City wishes to eliminate any possibility of
waiver or estoppel of its Charter's notice provisions;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS:
Section 1: That the Code of Ordinances of the City of
Huntsville, Texas is hereby amended by amending Chapter 1,
"General Provisions," by adding a new Section 1 -15, Limiting
waiver of notice of claims against City, which shall read as
follows, to —wit:
Sec. 1 -15. Limiting waiver of notice of claims
against City.
No officer, employee, or agent of the City of
Huntsville shall have authority to waive any of
the provisions of Section 14.07„ of the Charter
of the City, providing for written notice of claim
to the City Secretary within forty —five (45) days
after the occurrence of an injury or damage.
Section 2: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency and in all other
respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter
covered by this ordinance.
Section 3: If any provision, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held
unconstitutional, void or invalid, such invalidity shall not
affect the validity of the remaining provisions of this
ordinance of their application to other persons or sets of
circumstances and to this end all provisions of this
ordinance are declared to be severable.
Section 4: This ordinance shall take effect immediately
from and after its passage by the City Council of the City
of Huntsville.
PASSED UNANIMOUSLY FIRST READING THIS oe L DAY OF
1982.
PASSED SECOND READING THIS DAY OF
APPROVED THIS c5.1._ DAY OF 1982.
ATTEST:
uth DeShaw, City Secretary
APPROVED AS TO FORM:
ounds, City Attorney
1982.
THE CITY OF HUNTSVILLE
By
William V. Nash, Mayor