(1) 
The City is made a body politic and corporate by the legal adoption of this Charter. The City shall have all the powers vested in home rule municipal corporations except as may be limited by the Constitution of the United States, the Texas Constitution, and the statutes of the State.
(2) 
The enumeration of particular powers by the Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated therein or implied thereby, or appropriate to exercise of such powers, it is intended that the City shall have, and may exercise all powers except as limited by this Charter. All powers of the City, whether expressed or implied, shall be exercised as prescribed by this Charter or, if not prescribed therein, then as provided by ordinance or resolution of the City Council.
(Ordinance 2021-05-00934, prop. A, adopted 5/6/21)
The City by and through its City Council shall have the power to enact and enforce all ordinances and resolutions necessary to protect health, life and property; and to prevent and summarily abate and remove all nuisances; and preserve and enforce good government and order and security of the City and its inhabitants; and to enact and enforce all ordinances and resolutions on any and all subjects which shall be consistent with the provisions of this Charter.
(Ordinance 2021-05-00934, prop. A, adopted 5/6/21)
(1) 
Establishment.
The City shall have the power to create and establish a municipal court to be known as the Municipal Court of the City of Lucas, Texas. The Municipal Court shall have jurisdiction of all criminal cases arising under the ordinances of the City and concurrent jurisdiction with the Justice of the Peace of the precinct of which the City is or may be situated of all criminal cases arising under State law, where such offenses are committed either within the territorial limits of the City or in an area lying outside the corporate limits of the City in which area the City is authorized to exercise its police powers as set forth but not necessarily limited to the areas provided by State law and where the punishment is by fine only and the maximum of said fine does not exceed the maximum fine authorized to be imposed by municipal courts under State law or any amendments thereto. The Municipal Court shall have all the powers and duties as are now, or as may be prescribed by the laws of the State of Texas.
(2) 
Additional Courts.
The City shall have the power to create and establish additional municipal courts, and to appoint one or more judges of each municipal court, whether one or more, each of whom shall be a magistrate and each judge of a municipal court, now existing or hereinafter created, shall be appointed by the City Council, for a term of 2 years; and the City shall have the power to create and establish additional courts as may from time to time be authorized by the legislature of the State.
(3) 
Rules.
All complaints, prosecutions, the service of process, commitment of those convicted of offenses, the collection and payment of fines, the attendance and service of witnesses and juries, punishment for contempt, bail and the taking of bonds shall be governed by the provisions of the rules established by the Supreme Court of Texas applicable to municipal courts.
(4) 
Appeals.
Appeals from convictions in the Municipal Court shall lie to the county criminal court, and such appeals shall be governed by the same rules of practice and procedure as are provided by State law in cases of appeals from the justice court to said county criminal court, as far as said rules are applicable.
(5) 
Clerk.
The Clerk of Municipal Court and such deputies as shall be appointed by the City Manager, shall have the power to administer oaths and affidavits, make certificates, affix the seal of the Municipal Court thereto; and generally do and perform any and all acts usual and necessary by clerks of courts in issuing processes of courts and conducting the business thereof.
(6) 
Expense and Fines.
All special expense and fines imposed by the Municipal Court(s) shall be paid into the City general fund for the use and benefit of the City, as may be consistent with present and future laws.
(Ordinance 2021-05-00934, prop. A, adopted 5/6/21)
(1) 
Real Estate.
The City has full authority as a home rule municipal corporation and as such it has authority to acquire and own real estate in fee simple title, or held by lease, sufferance, easement or otherwise, all public buildings and improvements, and structure or whatever type and character, and any and all property, whether real or personal, of whatever kind, character or description now owned or controlled by the City shall vest in, inure to, remain and be the property of said City under this Charter. In the event that the City shall grant a lease for any real property in excess of twenty (20) years, the City Council shall hold a public hearing.
(2) 
Public Rights-Of-Way.
The City shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, construct, abandon and improve streets, alleys, sidewalks, squares, parks, public places, bridges and public thoroughfares or rights-of-way; and to otherwise regulate and control the use thereof for any and all public purposes all obstructions, telegraph, telephone or other poles, carrying electric wires or signs, and all showcases and encroachments of every nature and character upon any said street, right-of-way and sidewalk and to vacate and close public ways; and the City shall have the power to make any improvements as provided by State law.
(3) 
Regulation of Vehicles.
The City Council shall have the power by ordinance or otherwise to license and control the operation of any vehicle using public streets or rights-of-way.
(4) 
Regulation of Public Utilities.
The City shall have the power to buy, own, sell, construct, lease, maintain, operate and regulate public services and utilities; and to manufacture, distribute and sell the output of such services and utility operations. The City shall not supply any utilities service outside the City limits, except by written contract. The City shall have such regulatory and other powers as may or hereafter be granted under State law; and, by ordinance, to determine, fix and regulate the charges, fares or rates of compensation to be charged by any person, firm or corporation enjoying a franchise for utilities in the City.
(5) 
Operation of Public Services or Utilities by City.
The City shall have the power to build, construct, purchase, own, lease, maintain and operate, inside or outside the City limits, light and power systems, water systems, sanitary wastewater disposal, natural gas, parks, drainage, municipal solid waste disposal and any other public service or utility in this section, as deemed in the public interest. The City shall not enter into an agreement for the construction, purchase, lease or operation of a sanitary wastewater disposal system until after two separate public hearings being held on two separate dates with such approval requiring five (5) affirmative votes of the City Council prior to the May 2009 election. Effective after the May 2009 election and thereafter, an affirmative vote by five (5) members of the City Council shall be required for such approval. Such notice for said public hearings shall state with specificity the type of sanitary wastewater disposal system (ex: sanitary wastewater disposal system) and the proposed location (common address) of the proposed sanitary wastewater disposal system.
(6) 
Purchase Utility Services.
The City shall have the power to purchase electricity, gas, oil or any other article or service essential to protect the health, safety and welfare of its inhabitants on such terms as the City Council may deem proper.
(7) 
Transportation Facilities.
The City may acquire, maintain, operate and regulate any and all modes of transportation facilities or services; and, use public funds for such purposes, and issue such debt or funds as permitted by this Charter.
(8) 
Parks and Recreation.
The City may acquire, maintain, operate and regulate within its exclusive control all City parks and recreation facilities whether inside or outside the City limits.
(9) 
Underground Utilities.
The City may require the placing under the surface of the ground all wires or any above ground construction of any public utilities inside the limits of the City under such regulation as may be prescribed by the City Council from time to time.
(10) 
Fire Prevention.
The City shall provide by ordinance for the establishment and designation of fire limits and prescribe the kind and character of buildings or structures or improvements to be erected therein; provide for the erection of fire resistant buildings within certain limits; and provide for the condemnation of dangerous structures of buildings or dilapidated buildings or buildings calculated to increase the fire hazard, and the manner of their removal or destruction.
(11) 
Public Safety.
The City has the power and may by ordinance establish and maintain a police and fire department(s) by whatever name known and to prescribe the duties of the members of each such department(s) and regulate their conduct and their salary ranges. The head of the police department of the City shall be known and designated as “Chief of Police”, and the head of the fire department of the City shall be known and designated as “Fire Chief”. The City Council shall provide by ordinance staff requirements for each such department.
(12) 
Contracts.
The City shall have the power to enter into contracts for goods and services. Such authority is subject to the limitation regarding competitive bidding as provided by State law or as may otherwise be limited by this Charter. The City hereby adopts the requirements and exceptions concerning the provisions of State law regarding goods and acquisition.
(13) 
Land Use.
The City shall have full power and authority to zone and regulate the subdivision of land in 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 in accordance with State law. The City will maintain an official city map describing the official city limits as required by State law.
(14) 
Franchises.
The City shall have full power and authority to franchise as provided by this Charter.
(15) 
Occupations.
The City shall have the authority to license or register such occupations or business as may be established by ordinance, except as may be in conflict with State law.
(Ordinance 2021-05-00934, prop. A, adopted 5/6/21)
(1) 
Regulations.
The City shall have the power to provide for the health, safety and welfare of its inhabitants by establishing all necessary rules and regulations protecting the health, safety and welfare of the City.
(A) 
The City Council shall have the power by ordinance or otherwise to regulate, license and inspect public or private persons, firms, institutions, corporations, common carriers, or associations operating, managing, or conducting any activities including, but not limited to, any of the following:
1. 
place of public accommodation, hotel or any other public sleeping or eating place;
2. 
place or vehicle where food or drink of any kind is manufactured, prepared, stored, packed, served, sold or otherwise handled within the City or limits of said City;
3. 
any and all health conditions; and
4. 
sanitary wastewater disposal systems.
(B) 
The City shall have the power to define all nuisances and prohibit the same within the City and outside the City limits for a distance in accordance with State law; to have power to police in all parks or grounds, street right-of-way owned by the City or under lease to the City and lying both outside and inside said City; to prohibit the pollution of air or waterways, walkways of any kind, water deposit and reservoir, whether above or below the ground, which may constitute the source of storage of water supply, and to provide for policing the same, as well as to provide for the protection of any watersheds and the policing of the same.
(2) 
Penalties or Fines.
The City shall have the power to provide for the fixing of penalties for failure of any person, firm, corporation or association to comply with any such rules and regulations so prescribed by the City Council under the provisions of this section; it being the intention to vest in the City Council not only the powers expressly enumerated in this section but all other powers reasonably necessary for the protection of the health of the City and its citizens.
(Ordinance 2021-05-00934, prop. A, adopted 5/6/21)