(a) 
Imposed.
There is hereby imposed on each telecommunications user’s local exchange access line, or its equivalent, in the Town a 9-1-1 emergency service fee of up to eight (8) percent per month for each residential or business line. Such fees shall be used only to provide for the purchase, installation, operation, and maintenance expense of 9-1-1 emergency service to be furnished pursuant to separate agreements between the Town and telecommunications carriers providing 9-1-1 emergency service in the Town’s exchange service area (the “service supplier”).
(b) 
Contract for collection.
The Mayor is hereby authorized to execute a written contract on behalf of the Town with service suppliers pursuant to the provisions of this section to provide for the collection of 9-1-1 emergency service fees for telecommunications users located within the municipal boundaries of the Town. Such contract shall contain no provision or term inconsistent with chapter 771 or 772, Health and Safety Code, Vernon’s Texas Codes Annotated, as amended, and/or the rules and regulations promulgated, issued and/or approved by the Public Utility Commission of the State.
(c) 
Restrictions and limitations; examination of records; use of funds.
The 9-1-1 emergency service fee imposed by this section shall be subject to the following restrictions and limitations:
(1) 
The 9-1-1 emergency service fee may only be imposed upon persons or businesses provided local exchange access lines in the Town (the “service user”).
(2) 
The 9-1-1 emergency service fee may not be imposed upon more than one hundred (100) local exchange access lines or their equivalent for a single entity at a single location.
(3) 
The 9-1-1 emergency service fee may not be imposed upon any coin-operated or coin/card reader-operated telephone equipment.
(4) 
The 9-1-1 emergency service fee shall be separately stated on each service user’s bill.
(5) 
The amount of the 9-1-1 emergency service fee may not exceed eight (8) percent of the service supplier’s base rate (recurring charge) exclusive of all taxes, fees, license costs or similar charges for local exchange access lines or trunks or their equivalent.
(6) 
The 9-1-1 emergency service fee must have uniform application within the municipal boundaries.
(7) 
The service supplier will be advised in writing at least ninety (90) days prior to the desired first billing date of the amount of the 9-1-1 emergency service fee to be applied to each type of service.
(8) 
The 9-1-1 emergency service fee may not be imposed until the 9-1-1 emergency service is operating.
(9) 
The service supplier will not be obligated to take any legal action to enforce the condition of any billed 9-1-1 emergency service fee.
(10) 
The service supplier shall not disconnect any service user’s access line for failure to pay the 9-1-1 emergency service fees.
(11) 
The service supplier shall remit the collected 9-1-1 emergency service fees to the Town on a periodic basis, not more frequently than monthly, on or before the sixth day after the close of the month in which such fees were collected.
(12) 
The service supplier will retain, from its remittance to the Town, no more than two (2) percent of the collected 9-1-1 emergency service fees as its compensation for performing its obligations under the contract.
(13) 
Should the Town decide at some future date to change the amount of the 9-1-1 emergency service fee to be billed to service users, the Town will provide the service supplier with at least ninety (90) days’ written notice prior to the desired implementation date of the change in the 9-1-1 emergency service fee.
(14) 
The service supplier shall agree to provide the Town with a list of any service users who have specifically advised the service supplier of their refusal to pay the 9-1-1 emergency service fee. This list shall be provided to the Town on an annual basis.
(15) 
The service supplier shall retain records of the amount of 9-1-1 emergency service fees collected pursuant to this section for a period not to exceed two (2) years from the date of collection or contract expiration, whichever is longer.
(16) 
The service supplier agrees to permit the Town’s auditor or the Town’s independent auditor once annually, at the Town’s expense, within ninety (90) days of the anniversary of the service establishment date, to examine at the service supplier’s offices the report(s) the service supplier generates regarding the billing of the Town’s 9-1-1 emergency service fee. The service supplier shall provide the Town’s auditor or the Town’s independent auditor with all nonproprietary backup documentation and nonconfidential substantiation data that may reasonably be requested by the Town’s auditor or the Town’s independent auditor with respect to any such reports. Proprietary documentation or confidential data shall be made available for examination (but not copying) by the Town only if the Town’s auditor or the Town’s independent auditor signs a protective agreement for nondisclosure of such proprietary information and confidential data, and examines same in the presence of a service supplier.
(17) 
The collected 9-1-1 emergency service fees shall be used only to provide for the purchase, installation, operating and maintenance expenses of the 9-1-1 emergency service fee.
(18) 
One or more public hearings should be held prior to the adoption or amendment of any 9-1-1 emergency service fee imposed by this section.
(1971 Code, sec. 2-3)
The Town, pursuant to the authority granted to it under the provisions of chapter 149, title 1, section 252.044, subsection (b), of the Local Government Code enacted by the 70th Texas Legislature, may elect to waive the requirement of a construction bond for public works projects requiring an expenditure by the Town of less than one hundred thousand dollars ($100,000.00) when no payment is due by the Town until such time as the work is completed and accepted by the Town.
(1971 Code, sec. 2-5)
(a) 
Beginning with the period commencing January 1, 1976, and thereafter, the Town Council shall in all cases provide legal counsel of its choosing to defend any members of the Town Council, its Mayor, officers or employees of the Town, or a member of any Town board or commission who is a party or is threatened to be made a party to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that said person is or was a Town Councilman, Mayor, officer, board member, commission member or employee of the Town, and shall pay and indemnify such Councilman, Mayor, official, employee and board or commission member against all expenses, fees, judgments, fines and amounts paid in settlement actually or reasonably incurred by such person in connection with such action, suit or proceeding, subject to the exceptions set forth in subsection (b) of this section.
(b) 
Nothing herein shall be construed to require the Town to provide legal counsel or such indemnification for any Town Councilman, Mayor, officer or employee, or the member of any Town board or commission, in the following situations:
(1) 
In civil matters:
(A) 
Where the Councilman, Mayor, officer or employee, or board or commission member is the plaintiff or moving party; or
(B) 
Where it shall be finally adjudicated in any action, suit or proceeding and said Councilman, officer or employee, or board or commission member shall not have acted in good faith and not in the reasonable belief that his or her action was in the best interest of the Town.
(2) 
In criminal matters, where the Councilman, officer or employee, or board or commission member:
(A) 
Is the complaining party; or
(B) 
Had reasonable cause to believe that such conduct was unlawful.
The termination of any action, suit or proceeding by judgment, order or conviction adverse to such person, or by settlement, or by plea of nolo contendere or its equivalent, shall not of itself create a presumption that such person did not act in good faith and in the reasonable belief that his action was in the best interests of the Town, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
(c) 
Nothing in this section shall be construed to prohibit any such Councilman, Mayor, officer or employee from seeking additional legal counsel other than provided by the Town. However, nothing herein shall be construed as to require the Town to pay any fees or other expenses incurred as a result of employment of such additional counsel.
(d) 
The rights provided for in this section shall not be deemed exclusive of any other rights to which those indemnified may be entitled under any other statute, ordinance, agreement, insurance or policy of the Town.
(e) 
In circumstances involving litigation or other legal proceeding between two (2) persons qualifying for the privileges granted herein, the Town Attorney will not be required to represent or otherwise participate on behalf of either party.
(f) 
If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this section shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this section, for it is the definite intent of this Town Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose.
(1971 Code, sec. 2-8)
In accordance with Texas Local Government Code, chapter 132. Payment of fees and other costs by credit card or electronic means in municipalities and counties (“chapter 132”), any municipal officer of the Town is authorized to accept payment by credit card of such fees, fines, court costs, or other charges and to collect a fee for processing the payment by credit card.
(Ordinance 1920 adopted 6/24/13)
In accordance with chapter 132, Texas Local Government Code, any municipal officer of the Town is hereby authorized and directed to assess a reimbursement fee equal to the percentage charged by the credit card vendor, but not to exceed 5% of the amount of the fee, fine, court cost, or other charge being paid by the use of a credit card, as an amount reasonably necessary and related to the expense incurred by the Town, as authorized by section 132.003(b) of chapter 132, Texas Local Government Code.
(Ordinance 2072 adopted 11/3/20)
In accordance with chapter 132, if for any reason a payment by credit card is not honored by the credit card company on which the funds are drawn, the municipal officer shall collect a service charge from the person who owes the fee, fine, court cost, or other charge to the Town. The service charge is in addition to the original fee, fine, court cost, or other charge as is for the collection of that original amount. The amount of the service charge shall be the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds, as authorized by section 132.004 of chapter 132[, Texas Local Government Code].
(Ordinance 1920 adopted 6/24/13)