Any person who passes any check or draft for payment to the city for any sum, which is subsequently returned for lack of funds or insufficient funds, or because there is no account on which the check was drawn or the account has been closed, or because such check or draft was returned because of a stop payment order placed in bad faith on the check or draft, shall pay to the city a processing fee as provided for in the fee schedule found in appendix
A of this code.
(Ordinance 2012-05 adopted 6/5/12; 2001 Code, art. 1.1800)
(a) It
is the purpose of this section to encourage public service to the
city by indemnifying those who act in good faith on the city's behalf
against damages incurred as a result of that service to the extent
permitted by law, and by providing them with a legal defense to certain
actions arising out of that service.
(b) The
council shall provide for the indemnification and defense of the officers
and employees of the city, including members of the city council,
or any board, commission, or committee, including volunteers, against
any loss, cost, or expense, including court costs and attorneys' fees,
to the extent allowed by law, arising out of any claim, suit, or judgment,
or settlement thereof, resulting from any alleged negligent act or
omission of such officer, employee, member, or volunteer during the
discharge of his duties and within the scope of his office, employment,
membership, or assigned voluntary position with the city, or in any
other case where the city is directed or authorized by law to do so;
provided, however, that such indemnification will not be provided
for any act arising out of the intentional or knowing violation of
any penal statute or ordinance [or] arising out of any conduct determined
by final judgment to be an act of fraud or to have been taken with
the intent to deceive or defraud, or for any personal or private business
of such officer, employee, member or volunteer, or for gross negligence
or official misconduct, or willful or wrongful act or omission of
such officer, employee, member or volunteer.
(Ordinance 06-01 adopted 2/7/06; 2001 Code, secs. 1.1301, 1.1302)
(a) The
city shall never be liable for any such claim for property damage
or for personal injury, whether such personal injury results in death
or not, unless the person damaged or injured, or someone in his behalf,
or in the event the injury results in death, the person or persons
who may have a cause of action under the law by reason of such death
or injury, shall, within sixty (60) days for good cause shown from
the date the damage was received, give notice in writing to the mayor
and city council of the following facts:
(1) The date and time when the injury occurred and the place where the
injured person or property was at the time when the injury was received.
(2) The nature of the damage or injury sustained.
(3) The apparent extent of the damage or injury sustained.
(4) A specific and detailed statement of how and under what circumstances
the damage or injury occurred.
(5) The amount for which each claimant will settle.
(6) The actual place of residence of each claimant by street, number,
city and state on the date it is presented.
(7) In case of personal injury or death, the names and addresses of all
persons who, according to the knowledge or information of the claimant,
witnessed the happening of the injury or any part thereof and the
names of the doctors, if any, to whose care the injured person is
committed.
(8) In case of property damage, the location of the damaged property
at the time the claim was submitted along with the names and addresses
of all persons who witnessed the happening of the damage or any part
thereof.
(b) No
suit of any nature whatsoever shall be instituted or maintained against
the city unless the plaintiff therein shall aver and prove that previous
to the filing of the original petition the plaintiff applied to the
city council for redress, satisfaction, compensation, or relief, as
the case may be, and that the same was by vote of the city council
refused.
(Ordinance adopting 2001 Code; 2001
Code, sec. 1.1101)
All notices required by this division shall be effectuated by
serving them upon the city secretary at the following location: 900
Thompson Street, Bridgeport, Texas 76426, and all such notices shall
be effective only when actually received in the office of the person
named above.
(Ordinance 2011-10 adopted 3/22/11; 2001 Code, sec. 1.1102)
(a) The
above written notice requirements shall be waived if the city has
actual knowledge of death, injury or property damage likely to result
in a claim against the city. The city shall not be deemed to have
actual knowledge unless that knowledge is attributable to an appropriate
city official whose job duties include the authority to investigate
and/or settle claims against the city.
(b) Notice
requirements shall likewise be waived in cases in which the plaintiff
can demonstrate good cause or civil rights violations.
(Ordinance adopting 2001 Code; 2001
Code, sec. 1.1103)
The written notice required under this division shall be sworn
to by the person claiming the damage or injuries or by someone authorized
by him to do so on his behalf. Failure to swear to the notice as required
herein shall not render the notice fatally defective, but failure
to so verify the notice may be considered by the city council as a
factor relating to the truth of the allegations and to the weight
to be given to the allegations contained therein.
(Ordinance adopting 2001 Code; 2001
Code, sec. 1.1104)