City of Temple Charter

1 Charter Article 1: Corporate Name Section 1.1. CORPORATE NAME: The City of Temple, in Bell County, Texas, is incorporated as a home rule city and political subdivision of the State of Texas and is known as the “City of Temple” (hereafter referred to as the “City”). The City has such powers, rights and duties as are provided in this Charter and under the Constitution and State law. Article 2: Municipal Boundaries Section 2.1. BOUNDARIES: The boundaries of the City are those that have previously been legally established. These boundaries may be changed through annexation, dis-annexation, or exchange of land with other municipalities, with or without the consent of the inhabitants thereof, as is now provided or hereafter provided by State law. An official map of the City may be obtained through the City Secretary’s office. Article 3: Corporate Section 3.1. GENERAL POWERS: (a) The City has the power of local self-government to the fullest extent permitted by law. The City has all the powers granted to cities by the Texas Constitution and State law, as fully and completely as though they were specifically enumerated in this Charter, together with all of the implied powers necessary to carry into execution those powers and those express and implied powers necessary for the government, interests, health, welfare, and good order of the City and its inhabitants. All powers must be exercised and enforced in the manner prescribed by the Constitution, State law, this Charter, and the City’s ordinances. (b) Any reference in this Charter to the “Constitution” or “State law” is intended to refer to and identify the Constitution and laws respectively of the State of Texas which are in force at the time any question, issue, controversy, or cause of action arises, and each question, issue, controversy or cause of action shall be determined by the Constitution and/or laws then in force. (c) The powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in this Charter shall not be construed as limiting in any way the general power granted in this Article. (d) The City may exercise any of its powers or perform any of its functions, and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the State or its agencies, or with the Federal government or its agencies, or with the government of any county, city, or political subdivision to accomplish any lawful municipal purpose. 2 Section 3.2. PUBLIC PROPERTY EXEMPT FROM EXECUTION: No public property, or any other interest in real or personal property, owned or held by the City, shall be subject to any execution of any kind or nature. Section 3.3. CITY FUNDS NOT SUBJECT TO GARNISHMENT: No funds of the City shall be subject to garnishment and the City shall never be required to answer in any garnishment proceedings. Section 3.4. CITY NOT REQUIRED TO GIVE BOND: 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 law. Section 3.5. NOTICE OF CLAIM: (a) The City may not be held liable for the death of or injury to a person, or for damage to property, unless the claimant or legal representative files a written notice of claim with the City Secretary within six months after the event alleged to have caused the death, injury, or damage. The written notice must meet all requirements of State law. Nothing in this section shall be construed to mean the City waives any rights, privileges, defenses or immunities in tort action, or otherwise, which are provided under common law and State law. (b) The City Council has the power to compromise and settle any and all claims and lawsuits of every kind and character, in favor of, or against, the City. Section 3.6. EMINENT DOMAIN: The City has the full right, power and authority 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 or State law. The City may also exercise the power of eminent domain in any other manner now or hereafter authorized or permitted by the Constitution and State law. The power of eminent domain hereby conferred includes the right of the City to take fee title to condemned property and such power and authority includes the right to condemn public property. The City has condemnation power within or without the corporate limits for any municipal or public purpos