The City of Lancaster shall have the power and authority to acquire by purchase, gift, devise, deed, condemnation or otherwise, any character of property authorized by law to be used for public purposes, within or without its municipal boundaries, including any charitable or trust funds.
No public property or any other character of property owned or held by the City of Lancaster shall be subject to any execution or attachment of any kind or nature.
No funds of the City of Lancaster shall be subject to garnishment, and the City of Lancaster shall never be required to answer to a garnishment proceeding.
(A)
The City of Lancaster shall not be liable to any person for damages caused from streets, ways, crossings, bridges, culverts or sidewalks being out of repair because of negligence of said corporation unless the same shall have remained so for ten (10) days after special notice in writing is given to the Mayor and City Council.
(B)
The City of Lancaster shall not be liable to any person for damages sustained in any park, playground or public building belonging to said City or because of any apparatus, furnishings, fixtures or improvements thereon or thereupon situated being defective or out of repair unless the same shall have remained so for ten (10) days after special notice in writing is given the Mayor and City Council.
(C)
Before the City of Lancaster shall be liable for any personal injury or death or for claims for damages or injury to real or personal property alleged to have been caused by the negligent act or omission of any officer, agent or employee of the City, the person who has been injured, the person who may have a cause of action under the law by reason of such death or injury, the person whose property has been injured or damaged, or someone on his/her behalf, shall file a claim in writing with the City Secretary within six (6) months after said injury, death or damage has occurred, stating specifically when, where and how the injury, death or damage occurred, the full extent thereof, the amount of damages claimed or asserted, and the basis of liability on the part of the City. The person giving notice under this section shall give the address of every place that he/she has resided during the last six (6) months prior to the injury, death or damage and shall subscribe his her name thereto. Neither the Mayor, City Councilmember, City Manager, City Secretary, City Attorney nor any other officer or employee of the City shall have authority to waive any of the provisions of this section, but the same may be waived only by unanimous vote of the City Council made and passed before the expiration of said six (6) month period.
It shall not be necessary in any suit or proceeding in which the City of Lancaster is a party for any bond, undertaking or other security to be demanded or executed by or on behalf of the City in any of the State courts, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond had been given, and the City of Lancaster shall be liable as if the security or bond had been duly executed.
The City of Lancaster shall have the right of eminent domain for public purposes whenever the governing authority shall deem it necessary; and to take any private property, within or without the City for any municipal purposes that may be authorized by law. The power herein granted for the purpose of acquiring private property shall include, but not exclusively, the power of improvement and enlargement of water works, including water supply, riparian rights, standpipes, water sheds, dams, the construction of supply reservoirs, wells, parks, squares, pleasure grounds, and airports, and for the purpose of strengthening or improving the channel of any stream, branch, draw or drain, or the straightening or widening or extension of any street, alley, avenue, boulevard or other public highway. The City may exercise the power of eminent domain in any manner authorized or permitted by the Constitution and laws of this State or in the manner and form that may be provided by ordinance of the City Council. The power of eminent domain hereby conferred shall include, the right of the governing authority of the City, when so expressed, to take the fee in the land so condemned, and such power or authority shall include the right to condemn public property for such purpose.