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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 Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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