Each and all of the provisions of title 28 of the Revised Civil Statues of the State of Texas, for 1925, and all amendments thereto, be and the same are hereby accepted for the city.
(Ordinance adopted 7/28/38)
(a)
The City or Town of Aubrey, in the County of Denton, State of Texas, which has heretofore on July 28, 1938, pursuant to V.T.C.A., Local Government Code, chapter 6, duly accepted the provisions of title 28 of the Revised Civil Statutes of the state (as reflected in section 1.02.001 above, the ordinance from which that section derives is hereby fully incorporated herein by reference), does now, pursuant to the provisions V.T.C.A., Local Government Code, chapter 5, hereby officially designate said city or town as the City of Aubrey, Texas. Said city shall, for all purposes hereafter, be referred to as the “City of Aubrey, Texas,” and the official seal shall bear the words “City of Aubrey, Texas.” The official name of Aubrey shall thus hereafter be: City of Aubrey, Texas.
(b)
It is further ordained that all official and lawful acts of the city heretofore taken, whether under the designation “city” or under the designation “town,” are hereby fully and absolutely approved, ratified and confirmed.
(Ordinance 50C1-65 adopted 7/14/65)
Ordinances of the city shall be adopted in the form, manner and method as follows:
(1)
Style.
The style of all ordinances shall be: “Be it Ordained by the City Council of the City of Aubrey, Texas.”
(2)
Publication.
No ordinance shall be enforced until it has been published in accordance with state law.
(Ordinance 31-52, sec. 2, adopted 4/9/52; Ordinance adopting Code)
All elections pertaining to affairs of the city shall be governed by and conducted in accordance with the election laws of the state, specifically, V.T.C.A., Election Code.
(Ordinance adopting Code)
(a)
Findings.
The city council does not find a necessity to employ a city attorney as an officer of the city. The city council does from time to time require the services of legal counsel.
(b)
Appointment authorized.
The city council may appoint special counsel to assist it in such legal matters as are permitted by the constitution of the state and the Revised Civil Statutes of the state as amended.
(c)
Approval.
Special counsel shall be approved by no less than a four-fifths vote of the city council and shall serve at the pleasure of the council and may be removed by a majority vote of the council.
(d)
Qualifications.
Special counsel appointed pursuant to this section shall be licensed to practice before the supreme court of the state.
(e)
Compensation.
Special counsel shall be compensated at a rate to be set by the city council in a resolution appointing special counsel.
(Ordinance 118-82 adopted 12/7/82)
The official newspaper for the city is designated by ordinance each year.
(Ordinance adopting Code)
(a)
Adoption of official city map.
The official city map of the City of Aubrey, Denton County, Texas ("official city map") designating the city's formal corporate and extraterritorial boundaries as set forth in exhibit A to Ordinance 833-24, is hereby adopted, attached hereto and incorporated herein.
(b)
Designated repository.
Copies of the official city map adopted by this section shall be maintained by the city secretary's office. A digital copy of the official city map shall also be maintained on the city's website and made easily accessible to the public without charge.
(c)
Authorization of city staff.
City staff is hereby authorized and directed to make changes to the official city map to include territory annexed and disannexed pursuant to ordinances adopted by the city council in accordance with the law and adjustments to the extraterritorial jurisdiction of the city pursuant to state law. The updated map shall be annotated to indicate:
(Ordinance 833-24 adopted 3/28/2024)
The city shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or, in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within 60 days or within six months for good cause shown from the date the damage or injury was received, give notice in writing to the mayor and city council of the following facts:
(1)
The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received.
(2)
The nature of the damage or injury sustained.
(3)
The apparent extent of the damage or injury sustained.
(4)
A specific and detailed statement of how and under what circumstances the damage or injury occurred.
(5)
The amount for which each claimant will settle.
(6)
The actual place of residence of each claimant by street, number, city and state on the date the claim is presented.
(7)
In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the happening of the injury or any part thereof, and the names of the doctors, if any, to whose care the injured person is committed.
(8)
In the case of property damage, the location of the damaged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof.
(Ordinance 129, sec. 1, adopted 10/14/86)
No suit of any nature whatsoever shall be instituted or maintained against the city unless the plaintiff therein shall aver and prove that previous to the filing of the original petition the plaintiff applied to the city council for redress, satisfaction, compensation, or relief, as the case may be, and that the same was by vote of the city council refused.
(Ordinance 129, sec. 2, adopted 10/14/86)
All notices required by this division shall be effectuated by serving them upon the (city secretary, city clerk or city manager) at the following location: 107 South Main, and all such notices shall be effective only when actually received in the office of the person named above.
(Ordinance 129, sec. 3, adopted 10/14/86)
Neither the mayor, a city council member, nor any other officer or employee of the city shall have the authority to waive any of the provisions of this division.
(Ordinance 129, sec. 4, adopted 10/14/86)
The written notice required under this division shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required herein shall not render the notice fatally defective, but failure to so verify the notice may be considered by the city council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein.
(Ordinance 129, sec. 5, adopted 10/14/86)