It shall not be necessary in any action, suit or proceeding
in which the city is a party for any bond, undertaking or security
to be demanded or executed by or on behalf of the city. All such actions
shall be conducted in the same manner as if such bond, undertaking
or security had been given as required by law.
The city shall not be held liable on account of any claim for
the death of any person or injuries to any person or damage to any
property unless the person making such complaint or claiming such
damages shall, within 90 days after the time at which it is claimed
such damages were inflicted upon such person or property, file with
the city a written statement, under oath, stating the nature and character
of such damages or injuries, the extent of the same, the place where
same happened, the circumstances under which same happened and the
condition causing same, with a detailed statement of each item of
damages and the amount thereof, giving a list of any witnesses known
by affiant to have seen the accident.
The city council shall have the power to compromise and settle
any and all claims and lawsuits of every kind and character, in favor
of, or against, the city, including suits by the city to recover delinquent
taxes.
All legal process against the city shall be served upon either
the city secretary or the city manager.
This Charter shall be deemed a public act, may be read in evidence
without pleading or proof, and judicial notice shall be taken thereof
in all courts and places.
All rights, claims, actions, orders, contracts and legal or
administrative proceedings shall continue except as modified pursuant
to the provisions of this Charter and in each case shall be maintained,
carried on or dealt with by the city department, office or agency
appropriate under this Charter.
No property of any kind, by whomsoever owned or held or by whatsoever
institution, agency, political subdivision or organization, owned
or held, whether in trust or by nonprofit organization, or corporation,
or by foundation, or otherwise, (except property of the city), shall
be exempt in any way from any of the special taxes, charges, levies
and assessments, authorized or permitted by this Charter, for local
improvements, for the public welfare.
In addition to any provisions contained herein, the city council
may require any city official, department director, or city employee,
before entering upon his duties, to execute a good and sufficient
bond with a surety company doing business in the State of Texas and
approved by the city council. The premium of such bond shall be paid
by the city.
In case of disaster when a legal quorum of the City Council
cannot otherwise be assembled due to multiple deaths or injuries,
the surviving members of the City Council, or highest surviving City
official, if no elected official remains, must, within twenty-four
(24) hours of such disaster, appoint a commission with a membership
equal to the number of persons necessary to make a quorum, composed
of the surviving members of the City Council, if any, and the most
recent, formerly elected Councilmembers and Mayors of Frisco who are
residents of Frisco, the highest-ranking elected member of the Frisco
Independent School District who is a resident of Frisco, and the highest-ranking
members of the Frisco Economic Development Corporation, the Frisco
Community Development Corporation and the Frisco Planning and Zoning
Commission, all in that order. The commission shall act as the City
Council during the disaster and call a City election within fifteen
(15) days of such disaster, or as provided in the Texas Election Code,
for election of a required quorum, if for good reasons it is known
that a quorum of the present City Council will never again meet. The
commission's authority to act shall cease once a quorum of City Council
is elected and inducted into office.
(Ordinance 19-05-38, prop. AC, adopted 5/14/19)