§ 8.12. Notice to city of claim for injuries.

(a)

The City shall not be liable in damages for injury sustained by any person, either to person or property, by reason of the negligence of the City, its officers or employees, or by reason of any defective highway, public work, public service improvement, or facility of the City, or by reason of any obstruction, ice, snow, or other encumbrance thereon, unless, within sixty (60) days after such injury shall have occurred, such person or his representative shall serve or cause a written notice to be served upon the Clerk/Treasurer which shall set forth substantially the time and place of such injury, the manner in which it occurred, the nature of the act or defect complained of, the extent of such injury so far as known, the names and addresses of the witnesses to the claimant, and a statement that the person receiving such injury intends to hold the City liable for such damage as may have been sustained.

(b)

No person shall bring any action against the City for any damages to person or property arising out of any of the reasons or circumstances aforesaid, unless brought within the period limited by law nor unless the claim was first presented to the City Manager in writing and under oath, setting forth particularly the nature and extent of such injury and the amount of damages claimed. The City Manager shall refer the claim to the Council, and the Council shall be given an opportunity to act thereon, either by allowing or refusing to allow the claim, or by otherwise settling the claim.

(c)

It shall be a sufficient bar and answer in any court to any action or proceeding for the collection of any demand or claim against the City, under this Section, that the notice of injury and the verified proof of claim, as in this Section required, were not presented and filed within the time and in the manner as herein provided.

(d)

The provisions and requirements of this Section shall not apply to or control claims for damages to persons or property which arise out of the exercise of any proprietary function of the City.

(e)

This Section shall not be deemed to waive any defense of governmental or other immunity which the City may have from claims for damages arising out of negligence or otherwise.

State law reference

City liability for injuries, MCL 691.1401 et seq., MSA 3.996(101) et seq.