§ 10.04. Notice of claim.

In the absence of legally sufficient actual notice, the city shall not be liable for damages resulting from death, personal injury, or property damage unless the claimant shall have first filed with the city secretary a written notice of claim. The city is entitled to receive notice of claim against it not later than six (6) months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe:

1.

The damage or injury claimed;

2.

The time and place of the incident; and,

3.

The incident.

Actual notice, to be legally sufficient, shall be defined by the law of the state, but in no event shall extend to claims arising from the discharge of proprietary functions of the city.

(Res. No. R94-22, §§ I(19), III, ratified 5-7-94, approved 5-9-94)