(a) 
The seal of the city shall be a design, circular in shape, with a star in the center, and around the outer edge of the circle shall be written or printed the words: “CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS.”
(b) 
The official seal of the city shall be affixed to all ordinances of the city, the minutes of the meetings of the city council, all deeds, contracts in writing made on behalf of the city, leases, bills of sale, bonds, and other contracts and obligations of the city where required by law or custom, when signed by the mayor, or the mayor pro tem in the absence of the mayor, and attested by the city secretary.
(1996 Code, art. 1.200; Ordinance adopting Code)
No contract, warrant, bond or other promise to pay money or order therefor, as evidenced by an instrument of writing, shall be binding upon the city unless executed by a duly authorized officer, and attested by the city secretary, with the impress of the seal of the city where required by law.
(1996 Code, art. 1.300; Ordinance adopting Code)
(a) 
The failure to so notify the city council or mayor within the time and manner specified herein shall exonerate, excuse and exempt the city from any liability whatsoever.
(b) 
No act of any officer or employee of the city shall waive compliance or stop the city from requiring compliance with the provisions of this section as to notice, but such provisions may be waived by resolution of the city council, made and passed before the expiration of the six (6) month period herein provided and evidenced by minutes of the city council.
(1996 Code, sec. 1.401; Ordinance adopting Code)
(a) 
Definitions.
City vehicle.
A vehicle or mobile equipment either leased or owned by the city.
Loss.
An amount which a plan member is legally obligated to pay resulting from an act or omission of the plan member which is covered under this plan.
Plan.
Means the city officer and employee liability plan.
Plan member.
A person who is:
(1) 
An employee of the city;
(2) 
A member of a city board, council, or committee created by ordinance or resolution of the city;
(3) 
A member of the city council; or
(4) 
A volunteer who has been approved in writing as a volunteer by the city manager and who is working under the direction of an employee of the city.
(b) 
Coverage.
(1) 
The city will indemnify and defend a plan member, in accordance with the terms of this plan, against a loss arising out of any claim, suit, or judgment or settlement thereof, resulting from an act or omission of the plan member during the discharge of his duties and within the scope of his office, employment, or assigned volunteer work with the city.
(2) 
A plan member whose position with the city terminates is entitled to coverage in accordance with this plan for any event that occurred while the person was a plan member.
(c) 
Defense.
(1) 
The city will defend any suit against a plan member who is covered under this plan even if the suit is groundless or fraudulent.
(2) 
The city may investigate, negotiate and settle any claim or suit as it determines necessary.
(d) 
Limits of coverage.
(1) 
The city will pay losses covered by this plan that a plan member is legally obligated to pay, except that in cases arising from incidents or occurrences where the city’s liability exists by virtue of the Texas Tort Claims Act (sections 101.001–102.006 Civil Practice and Remedies Code, V.T.C.A.), whether or not the city is a party defendant, the city will pay those losses covered by this plan that a plan member is legally obligated to pay, up to but not exceeding the limits of liability provided by that act, as amended, for units of local government.
(2) 
In addition to the coverage provided in subsection (1) the city will pay:
(A) 
The city’s expenses, including reasonable attorney’s fees, in investigating and defending the claim or lawsuit;
(B) 
Costs taxed against a plan member in a suit covered by this plan and interest that accrues prior to or after entry of judgment before the city has deposited payment with the court on that part of the judgment which does not exceed the limits of coverage;
(C) 
Reasonable expenses of the plan member incurred at the city’s request; and
(D) 
Attorney’s fees ordered by the court to be paid by the plan member.
(e) 
Notice of occurrence, claim or suit; cooperation.
To be entitled to coverage under the plan, a plan member must:
(1) 
Notify the city attorney as soon as practicable upon receipt of written notice of a claim or lawsuit, but no later than three (3) working days after receipt;
(2) 
Cooperate with the city attorney and, upon the city attorney’s request, assist in making settlements, in the conduct of suits, and in enforcing any right of contribution or indemnity against a person or organization who may be liable to the city because of injury or damage covered under the plan;
(3) 
Attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses;
(4) 
Not, except upon advice of the city attorney or when questioned by a police officer at the scene of an accident, give any oral or written statement or enter into any stipulation or agreement concerning a claim or lawsuit; and
(5) 
Not, except at his own cost, voluntarily make any payment, assume any obligation, or incur any expense with respect to a claim or lawsuit without the consent of the city.
(f) 
Plan period.
This plan covers only acts or omissions occurring or alleged to have occurred:
(1) 
While the plan is in effect;
(2) 
Before the plan was in effect and which are not barred by any statute of limitations; and
(3) 
If the plan is canceled, while the plan is in effect and which are not barred by any statute of limitations.
(g) 
Exclusions.
Coverage under this plan does not apply to a claim or lawsuit that is brought against a plan member:
(1) 
By the city;
(2) 
Arising out of the intentional or knowing violation of a penal statute or ordinance committed by or with the knowledge or consent of the plan member, or any claim arising out of acts of fraud committed by or at the direction of the plan member with intent to deceive or defraud;
(3) 
Arising either while the plan member is operating a city vehicle with no authority to operate the vehicle, or while the plan member is operating a city vehicle in the course of personal or private business;
(4) 
For liability assumed by the plan member under a contract, unless the contract is entered into at the request of the city;
(5) 
If the plan member joins or attempts to join with the suit against the plan member a claim against the city for benefits under this plan; or
(6) 
If the plan member fails to comply with subsection (e) of this plan.
(h) 
Subrogation.
If payment or legal representation is provided under this plan, the city is subrogated to the plan member’s rights of recovery against any person or organization to the extent of the city’s liability and payments, and the plan member must execute and deliver to the city attorney whatever documents are necessary to secure those rights. The plan member must not do anything after a loss to prejudice those rights.
(i) 
Legal representation.
The city will provide legal representation for a plan member in a claim or suit in which the plan member is covered under this plan. The city council shall determine whether the city attorney or a private attorney shall represent a plan member. Any private attorney will be selected by the city council.
(j) 
Determination of coverage.
If the city denies coverage to a plan member, the plan member may seek a determination of coverage by a court of proper jurisdiction in the county. If the court rules in favor of the plan member, the city shall provide the plan member all benefits under the plan and shall reimburse the plan member for reasonable attorney’s fees, expenses and costs incurred in obtaining the determination of coverage.
(k) 
No creation of cause of action.
Nothing contained in this plan shall be construed as creating a right or cause of action against a plan member nor as giving a right to a third party to institute or maintain a suit which would not otherwise exist under law as a legal claim against a plan member.
(1996 Code, sec. 1.402)
(a) 
There is hereby imposed on each telephone subscriber’s local exchange access line, or its equivalent in the city, an E 9-1-1 emergency service fee of six percent (6%) of the monthly residential base telephone rate per month for each residential line, six percent (6%) of the monthly business base telephone rate per month for each business line, or six percent (6%) of the monthly business trunk base telephone rate per month for each business trunk line. Such fees shall be used to provide for the purchase, installation, operating and maintenance expenses of E 9-1-1 emergency service to be furnished pursuant to separate agreements between the city and local exchange carriers for E 9-1-1 services.
(b) 
The city manager is authorized to execute a contract on behalf of the city with local exchange carriers pursuant to the provisions of this section to provide for the implementation and maintenance of E 9-1-1 emergency service for all telephone subscribers located within the municipal boundaries of the city. Such contract shall contain no provision or term inconsistent with V.T.C.A., Health and Safety Code, chapter 772 and/or the rules and regulations promulgated, issued and/or approved by the public utility commission of the state.
(c) 
A fee may not be imposed upon more than one hundred (100) local exchange access lines per telephone subscriber per location; nor may a fee be imposed upon any coin operated or coin/card reader operated telephone equipment. The fee shall be separately stated on each subscriber’s bill, and the fee may not exceed six percent (6%) of the local exchange carrier’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. Furthermore, the fee shall be uniformly applied to all local exchange access lines in the city limits.
(d) 
Local exchange carriers shall be advised with a certified copy of this section at least one hundred twenty (120) days prior to the desired first billing date of the fees imposed by this section. One (1) or more public hearings shall be conducted prior to the amendment of the emergency service fees imposed by this section. In the event the city council desires to amend such fees it will provide local exchange carriers at least ninety (90) days’ written notice prior to the desired implementation date of such amended fees.
(e) 
Local exchange carriers will provide the city with a list of subscribers who have specifically refused to pay the 9-1-1 emergency service fee. Such list shall be provided not more than once per calendar year. Local exchange carriers will not be obligated to take any legal action to enforce the collection of any billed emergency service fees, nor will they be obligated to disconnect any subscriber’s telephone service for failure to pay the emergency service fees.
(f) 
Local exchange carriers will retain records of the fees collected pursuant to this section. Such records will be retained for a period not exceed two (2) years from the date of collection. The city may, at its sole cost and expense, audit local exchange carriers’ records of the collected fees not more often than once annually.
(g) 
Local exchange carriers will remit the collected 9-1-1 emergency service fees to the city on a periodic basis, not more frequently than monthly, on or before the 60th day after the close of the month in which such fees were collected. Local exchange carriers will retain, from their remittances to the city, two percent (2%) of the collected E 9-1-1 emergency service fees as compensation for providing such collection.
(1996 Code, sec. 1.1102)