(a) The City shall not be liable in damages for injury to person or property by reason of negligence of the City unless, within four (4) months after such injury occurs, the person damaged or the person’s representative causes a written notice to be served upon an officer of the City upon whom process may be served. Such notice shall state that such person intends to hold the City liable for such damages and shall set forth substantially the time and place of the injury, the manner in which it occurred, the nature of the act or defect complained of, the extent of the injury so far as known, and the names and addresses of witnesses known to the claimant.

(b) No person shall bring action against the City for damages to person or property arising out of any of the reasons or circumstances aforesaid unless such action is brought within the period prescribed by law or ordinance, nor unless the person has first presented to the City Clerk a claim in writing, setting forth specifically the nature and extent of the injury and the amount of damages claimed. The City Clerk shall promptly present such claim to the Council for action.

(c) Failure to give notice of injury or to present a claim within the time and in the manner herein provided, shall bar any action upon such claim.

(d) This section shall not be deemed to waive any defense of immunity which the City may have from claims for damages arising out of negligence, but shall apply in all cases where such defense is not available to the City.