(1) Property,
real and personal, belonging to the City shall not be liable to be
sold or appropriated under any writ of execution or cost bill. Funds
belonging to the City in the hands of any person, firm or corporation,
shall not be liable to garnishment, attachment or sequestration; nor
shall the City be liable to garnishment, attachment or sequestration;
nor shall the City be liable to garnishment on account of any debt
it may owe or funds or property it may have on hand owing to any person.
Neither the City nor any of its officers or agents shall be required
to answer any such writ of garnishment on any account whatsoever.
(2) The
City shall not be obligated to recognize any assignment of wages or
funds by its employees, agents or contractors, except as provided
by applicable law.
It shall not be necessary in any action, suit or proceeding
in which the City is a party for any bond, undertaking or security
to be demanded or executed by or on behalf of the City. All such actions
shall be conducted in the same manner as if such bond, undertaking
or security had been given as required by applicable law.
The City shall not be held liable on account of any claim for
the death of any person or injuries to any person or damage to any
property unless the person making such complaint or claiming such
damages shall, within one hundred-twenty (120) days after the time
at which it is claimed such damages were inflicted upon such person
or property, file with the City a written statement, under oath, stating
the nature and character of such damages or injuries, the extent of
the same, the place where same happened, the circumstances under which
same happened and the condition causing same, with a detailed statement
of each item of damages and the amount thereof, giving a list of any
witnesses known by affiant to have seen the accident.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007)
The City Council shall have the power to settle any and all
claims and lawsuits of every kind and character, in favor of, or against,
the City, including suits by the City to recover delinquent taxes
if the City Council determines that the settlement is in the best
interest of the City.
(Amended by Ordinance 2012-18 at
an election held on November 6, 2012, prop. 15)
All legal process against the City shall be served upon the
City Manager, or if the City Manager is unavailable, upon the City
Clerk.
(Amended by Ordinance 2012-18 at
an election held on November 6, 2012, prop. 16)
This Charter shall be deemed a public act, may be read in evidence
without pleading or proof, and judicial notice shall be taken thereof
in all courts and places provided that the City Clerk certifies the
most current City Charter with any amendments.
No property of any kind, by whomsoever or whatsoever institution,
agency, political subdivision or organization, owned or held, whether
in trust or by non-profit organization, corporation, foundation, or
otherwise, (except property of the City), shall be exempt in any way
from any of the special taxes, charges, levies and assessments, authorized
or permitted by this Charter, for local improvements, for the public
welfare except where provided by applicable law.
In addition to any provisions contained herein, the City Council
may require any City official, department director, or City employee,
before entering upon his/her duties, to execute a good and sufficient
bond with a surety company doing business in the State of Texas and
approved by the City Council. The premium of such bond shall be paid
by the City.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007)
In case of disaster when a legal quorum of the elected City
Council cannot otherwise be assembled due to multiple deaths or injuries,
the surviving persons of the City Council, or highest surviving City
official, if no elected official remains, must, within twenty-four
(24) hours of such disaster call an election to be held on the earliest
feasible date, or as provided in applicable law, for election of a
required quorum, if for good reasons it is known a quorum of the present
City Council will never again meet. If no City official is available,
the Hays County Judge shall have the authority to call a City election.
In case of enemy attack, Chapter 616 of the Texas Government Code
controls succession.
(Amended by Ordinance 2012-18 at
an election held on November 6, 2012, prop. 17)
The Charter shall not be construed as a mere grant of enumerated powers, but shall be construed as a general grant of power and as a limitation of power on the government of the City in the same manner as the Constitution of Texas is construed as a limitation on the powers of the Legislature. Except where expressly prohibited by this Charter, each and every power under Article
XI, Section 5 of the Constitution of Texas, which it would be competent for the people of the City to expressly grant to the City, shall be construed to be granted to the City by this Charter.
If any section or part of a section of this Charter shall be
ruled invalid by a Court of competent jurisdiction, such holding shall
not affect the remainder of this Charter nor the context in which
such section or part of section so held invalid may appear, except
to the extent that an entire section or part of section may be inseparably
connected in meaning and effect with the section or part to which
such holding shall directly apply.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007)
The use of any gender herein shall be applicable to all genders.
All singular words shall include the plural and all plural words shall
include the singular. All references to the federal law, state law
or laws of the State of Texas, however expressed in this Charter,
shall mean “as presently enacted or as may be amended or superseded.”
The use of the word “City” in this Charter shall mean
the City of Buda, Texas, and the use of the word “Charter”
shall mean this Home Rule Charter. The term “qualified voter”
shall mean a person who meets all legal requirements of applicable
law and this Charter for becoming a registered voter and is also registered
to vote.
(Amended by Ordinance 2017-07 at
an election held on November 7, 2017, prop. S)