The said City of Hutto shall have power to ordain and establish
such acts, laws, rules, regulations, resolutions, and ordinances,
not inconsistent with the Constitution and laws of Texas and of this
Charter, as shall be needful for the government, interests, health,
welfare and good order of said City and its inhabitants. Under the
name of the City of Hutto it shall be known in law and have succession
and be capable of contracting and being contracted with, suing and
being sued, impleading and being impleaded, answering and being answered
unto, in all courts and tribunals, and in all amounts whatsoever,
subject to the laws of the State of Texas, or which shall hereafter
be passed.
The City of Hutto shall have the power to take, hold, lease,
grant, purchase and convey such real property or mixed property or
estate, situated within, or without, the limits thereof, as the purpose
of said corporation may require and shall have and use a corporate
seal, and change and renew the same at pleasure.
All suits, taxes, penalties, fines, forfeiture, and all other
rights, claims and demands, of every kind and character, which have
accrued under the laws in favor of said City, heretofore in force
governing the same, shall belong to and vest in said City and shall
not abate by reason of the adoption of this Charter, and shall be
prosecuted and collected for the use and benefit of said City of Hutto
and shall not be in any manner affected by the taking effect of this
Charter; but as to all of such rights, the laws under which they shall
have accrued shall be deemed to be in full force and effect.
(Amended May 6, 2017)
The City of Hutto shall possess and may exercise the full power
of local self-government. It may hold, by gift, deed, devise, or otherwise,
any character of property, including any charitable or trust fund,
and subject to and within the limits of superior law may act in perpetual
succession as a body politic.
For greater certainty, the following are hereby especially enumerated
and referred to as being among the other powers which are hereby conferred
upon and which may be exercised by the City of Hutto, to-wit:
a) All
of the powers conferred upon cities and towns by Title 22 of the Revised
Civil Statutes of Texas, 1911, except as may hereafter be denied,
limited or extended, are hereby conferred upon the City of Hutto as
fully and completely as if such powers were herein separately enumerated.
b) All
powers, privileges and immunities conferred upon cities of more than
five thousand inhabitants, by Section 4 of Chapter 147 Acts of the
33rd Legislature, General Laws Regular Session, at pages 310 to 316,
entitled, “An Act Authorizing Cities Having More Than Five Thousand
Inhabitants, by a Majority Vote of the Qualified Voters of said City,
at an Election Held for that Purpose to Adopt and Amend their Charters,”
etc.; and such powers are hereby conferred upon the City of Hutto
as fully and completely as if each of said mentioned powers were herein
separately enumerated; but enumeration of special powers herein, or
in the Statutes referred to, shall not be held or construed to preclude
the City from exercising all powers of local government not inhibited
by the Constitution and Laws of the State of Texas, or by special
limitations in this Charter contained, the purpose of this Charter
being to enlarge upon the power extended by the general laws of cities
incorporated thereunder, and to secure to the City of Hutto, all the
powers conferred by the Constitution and Laws of this State upon cities
having more than five thousand inhabitants.
c) The
City shall have the rights and powers granted to municipalities and
general law or home rule cities under the general laws, and it shall
have all the rights and powers of self-government that now exist or
may hereafter be granted to home rule cities by the Constitution and
the general and special laws of the State of Texas.
(Amended May 6, 2017)
The City shall have the full power and right to exercise the
power of eminent domain when necessary or desirable to carry out any
of the powers conferred upon it by this Charter or by the constitution
and laws of the state of Texas. The City may exercise the power of
eminent domain in any manner authorized or permitted by the Constitution
and laws of this state. The power of eminent domain hereby conferred
shall include the right of the City to take the fee in land so condemned
and such power and authority shall include the right to condemn public
property for such purposes. The City shall have and possess the power
of condemnation for any municipal or public purposes even though not
specifically enumerated in this Charter.
(Amended May 1, 2021)
The City Council shall have full power and authority to zone
the City and to pass all necessary ordinances, rules and regulations
governing the same under and by virtue of the authority given to cities
and legislative bodies thereof by applicable state law.
(Amended May 6, 2017)