PRESENTER: Presenter
Valeria Acevedo, City Attorney
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SUBJECT: Title
Approval of the first reading of an ordinance amending the New Braunfels Code of Ordinances, Chapter 2, Section 2-128, to repeal the prerequisite for claimants to appear before city council prior to filing a lawsuit and update the address for receipt of claims against the city.
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DEPARTMENT: City Attorney’s Office
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COUNCIL DISTRICTS IMPACTED: All districts
BACKGROUND INFORMATION:
This ordinance is part of an effort by staff to update outdated ordinances. The City of New Braunfels adopted an ordinance prior to 1961 that required a person who had a claim against the city to appear before City Council for their vote on the claim prior to the claimant being allowed to file a lawsuit. This ordinance does not comport with state law anymore and it has not been enforced in many years. The Texas Tort Claims Act governs notice and procedures for claims against governmental entities for property damage, bodily injury or death. The Act does not require a claimant for appear before a City Council prior to filing a lawsuit. State law does allow a local government to adopt special provisions related to serving the city with notice of claims. There is no known benefit or efficiency in placing such a legal requirement on a claimant. The second change is updating the city hall address for service of claims against the city.
ISSUE:
These amendments are necessary to update the ordinance to reflect current practice and to align with state law.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends approval of this ordinance.