City of Tyler, Texas
Article IX. Miscellaneous Provisions
Section 79. Notice of claim for damage or injury
| Before the City shall be liable for damages of any kind involving property damages or personal injuries or otherwise, the person injured or claiming such damages, or someone in his behalf, shall give the City Manager or City Clerk notice in writing of such damage or injury within thirty (30) days after the same has been received, stating specifically in such notice when, where and how the exact injury or damages occurred and the full extent thereof. The City shall never be liable on account of any damage or injury to person or property arising from or occasioned by any defect in any public street, highway or grounds of any public work of the City, unless the specific defect causing the damage or injury shall have been actually known to the City Manager or City Engineer by personal inspection for a period of at least twenty-four (24) hours prior to the occurrence of the injury or damage, unless the attention of the City Manager or City Engineer shall have been called thereto by notice thereof in writing at least twenty-four (24) hours prior to the occurrence of the injury or damage and proper diligence has not been used to rectify the defect after actually known or called to the attention of the City Manager or City Engineer of the said city as aforesaid. The notice herein required to be given to the City Manager or City Engineer of the specific defect causing the damage or injury shall apply whether the defect arose from any omission or from the act of the City itself through its agent, servant or employee or otherwise.
(Prop. 1, 5-5-90)