The citizens of the City of Glenn Heights in Dallas and Ellis
Counties, Texas within the corporate limits as now established, or
hereafter established in the manner prescribed by this Charter, shall
be and shall continue to be a municipal body politic and corporate
in perpetuity under the name of the “City of Glenn Heights.”
The municipal government provided by this Charter shall be known
as the “Council-Manager” government. Pursuant to its provisions
and subject only to the limitations imposed by the State constitution,
by the statutory laws of Texas, and by this Charter, all powers of
the City shall be vested in an elective Council, hereinafter referred
to as the “Council,” which shall enact local legislation,
adopt budgets, determine policies, appoint the City Attorney, Judge
of the Municipal Court, and the City Manager, who shall execute the
laws and administer the government of the City.
The City of Glenn Heights shall have all powers granted to municipalities
by the Constitution and laws of the State of Texas, together with
all of the implied powers necessary to carry into execution such granted
powers.
The city may:
(c) contract
and be contracted with;
(d) cooperate
with the government of the State of Texas or any agency or any political
subdivision thereof or with the Federal government or any agency thereof,
to accomplish any lawful purpose for the advancement of the interest,
welfare, health, morals, comfort, safety, and convenience of the City
and its citizens;
(e) acquire
property within or without its corporate limits for any municipal
purpose in fee simple, or in any lesser interest or estate, by purchase,
gift, devise, lease or condemnation, and subject to the provisions
of this Charter;
(f) sell,
lease, mortgage, hold, manage, improve and control such property as
may now of [or] hereafter be owned by it provided however, the City
shall not sell, convey, mortgage, or otherwise alienate any public
utility without prior approval of the voters of the City;
(g) exercise
the power of eminent domain where 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;
(h) pass
ordinances and enact such regulations as may be expedient for the
maintenance of the City and the welfare, health, morals, comfort,
safety and convenience of its citizens.
The powers hereby conferred upon the City shall include, but are not restricted to, the powers conferred expressly and permissively by Chapter 147, Page 307, of the Acts of the 33rd Legislature, Regular Session, enacted in 1923 pursuant to the Home Rule Amendment of the Constitution of Texas, known as the Enabling Act and including Articles 1175, 1176, 1177, 1180, of the Revised Civil Statutes of Texas, 1925, as now or hereafter amended, all of which are hereby adopted. In addition to the powers enumerated herein, and subject only to the limitations imposed by the State Constitution, the State laws, and this Charter, the City shall have, without the necessity of express enumeration in this Charter, each and every power which, by virtue of Article 11, Section 5 of the Constitution of Texas, the people of the City are empowered by election to grant to or confer upon the city by expressly and specifically granting and enumerating the same herein. All such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this Charter; or when not prescribed herein, in such manner as shall be provided by the ordinance of the Council.
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The City shall have exclusive dominion, control, and jurisdiction
in, upon, over, and under the public streets, sidewalks, alleys, highways,
public squares, and public ways within the corporate limits of the
City, and in, upon, over, and under all public property of the City.
With respect to each and every public street, sidewalk, alley, highway,
public square, public park, or other public way within the corporate
limits of the City, the City shall have the power to establish, maintain,
improve, alter, abandon, or vacate the same, to regulate the use thereof
and to abate and remove in a summary manner any encroachment thereon.
The City shall have the power to develop and improve, or cause
to be developed and improved, any and all public streets, sidewalks,
alleys, highways, and other public ways within the corporate limits
of the City by laying out, opening, narrowing, widening, straightening,
extending, lighting and establishing building lines along the same
by purchasing, condemning, and taking property therefor by filling,
grading, raising, lowering, paving, repaving, and repairing, in a
permanent manner, the same and by constructing, reconstructing, altering,
repairing, and realigning curbs, gutters, drains, sidewalks, culverts,
and other appurtenances and incidentals in connection with such development
and improvement authorized hereinabove, or any combination or parts
thereof. The cost of such development and improvement may be paid
partly or entirely by assessments levied as a lien against the property
abutting thereon and against the owners thereof, and such assessments
may be levied in any amounts and under any procedure not prohibited
by State Law provided, that no assessment shall be made against such
land or owners in excess of the enhancement in value of such property
occasioned by such improvement.
As an alternate and cumulative method of developing, improving,
and paving any and all public streets, sidewalks, alleys, highways,
and other public ways within its corporate limits, the City shall
have the power and authority to proceed in accordance with Chapter
106, Page 489, Acts 1927, Fortieth Legislature, First Called Session,
as now or hereafter amended, the same being Article 1105b of the Revised
Civil Statutes of Texas, 1925.
The boundaries and limits of the City of Glenn Heights, until
changed in the manner herein provided, shall be the same as have heretofore
been established and exist on the date of the adoption of this Charter,
which boundaries are more fully set out and described by metes and
bounds in a book called, Official Record Describing the Metes and
Bounds of the City of Glenn Heights, which is now and shall hereafter
be in the office of the City Secretary of the City of Glenn Heights.
The City shall have all powers possible for a city to have under
the Constitution and laws of the State of Texas to fix the boundaries
of the City, exchange area with other municipalities, extend the boundaries
of the City and annex area adjacent to the City. The Council shall
have the power by ordinance to fix the boundary limits of the City
of Glenn Heights, Texas, and to provide for the alteration and extension
of said boundary limits, and the annexation of additional territory
lying adjacent to it whether said territory be inhabited or uninhabited.
Should the territory be inhabited, the Council may also, upon a petition
signed by a majority of the registered voters in such territory, consider
such petition for annexation. Whenever, in the opinion of the Council,
there exists within the corporate limits of the City any territory,
either inhabited or uninhabited, not suitable or necessary for City
purposes, or upon a petition signed by a majority of the qualified
voters residing in said inhabited territory, the Council may, upon
a public hearing and by ordinance duly passed, discontinue said territory
as part of the City of Glenn Heights. The City shall comply with all
applicable procedural rules and notice requirements set forth in Chapters
42 and 43 of the Texas Local Government Code, as now and hereafter
amended, as well as any other applicable laws of the State of Texas.
(Amended at election of May 4, 2002)