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Editor’s note(s)–Ordinance O-15-007, adopted at a general election held May 9, 2015, amended Art. II in its entirety to read as herein set out. Former Art. II, secs. 1–11C, pertained to similar subject matter, and derived from the original Charter; an ordinance adopted Feb. 23, 1970, sec. 1; an amendment adopted May 6, 1989, sec. 9; an amendment adopted May 4, 1991, sec. 1; an amendment adopted May 6, 1991, sec. 1; an amendment adopted May 1, 1993, sec. 1.
The said City of Brenham shall have power to ordain and establish such acts, laws, rules, regulations, resolutions, and ordinances, not inconsistent with the Constitution and laws of Texas and of this Charter, as shall be needful for the government, interests, health, welfare and good order of said City and its inhabitants. Under the name of the City of Brenham it shall be known in law and have succession and be capable of contracting and being contracted with, suing and being sued, impleading and being impleaded, answering and being answered unto, in all courts and tribunals, and in all amounts whatsoever, subject to the laws of the State of Texas, or which shall hereafter be passed.
The City of Brenham shall have the power to take, hold, lease, grant, purchase and convey such real property or mixed property or estate, situated within, or without, the limits thereof, as the purpose of said corporation may require and shall have and use a corporate seal, and change and renew the same at pleasure.
(Ordinance O-15-007 adopted 5/9/15)
All suits, taxes, penalties, fines, forfeiture, and all other rights, claims and demands, of every kind and character, which have accrued under the laws in favor of said City, heretofore in force governing the same, shall belong to and vest in said city and shall not abate by reason of the adoption or amendment of this Charter, and shall be prosecuted and collected for the use and benefit of said City of Brenham and shall not be in any manner affected by the taking effect of this Charter; but as to all of such rights, the laws under which they shall have accrued shall be deemed to be in full force and effect.
(Ordinance O-15-007 adopted 5/9/15)
The City of Brenham shall possess and may exercise the full power of local self-government. It may hold, by gift, deed, devise, or otherwise, any character of property, including any charitable or trust fund, and subject to and within the limits of superior law may act in perpetual succession as a body politic.
(Ordinance O-15-007 adopted 5/9/15)
For greater certainty, the following are hereby especially enumerated and referred to as being among the other powers which are hereby conferred upon and which may be exercised by the City of Brenham, to-wit:
A. 
All of the powers conferred upon cities and towns by Title 22 of the Revised Civil Statutes of Texas, 1911, except as may hereafter be denied, limited or extended, are hereby conferred upon the City of Brenham as fully and completely as if such powers were herein separately enumerated.
B. 
All powers, privileges and immunities conferred upon cities of more than five thousand inhabitants, by Section 4 of Chapter 147, Acts of the 33rd Legislature, General Laws Regular Session, at Page 310 to 316, entitled, “An Act Authorizing Cities Having More Than Five Thousand Inhabitants, by a Majority Vote of the Qualified Voters of said City, at an Election Held for the Purpose to Adopt and Amend their Charters”, etc.; and such powers are hereby conferred upon the City of Brenham as fully and completely as if each of said mentioned powers were herein separately enumerated; but enumeration of special powers herein, or in the Statutes referred to, shall not be held or construed to preclude the City from exercising all powers of local government not inhibited by the Constitution and Laws of the State of Texas, or by special limitations in this Charter contained, the purpose of this Charter being to enlarge upon the power extended by the general laws of cities incorporated thereunder, and to secure to the City of Brenham, all the powers conferred by the Constitution and Laws of this State upon cities having more than five thousand inhabitants.
(Ordinance O-15-007 adopted 5/9/15)
Said City shall have the power to buy, own, construct, and to maintain and operate, within or without the City limits the following public utilities: water systems, gas systems, electric systems, telephone, radio or television systems, street railways, sewer systems, sewage plants, fertilizing plants, municipal bus or railway terminals, or garbage systems, and to demand and receive compensation for service furnished by the City for private purposes and otherwise, and to have the power to regulate, by ordinance, the collection of compensation for such service. That said City shall have the power to acquire by lease, purchase or condemnation, the property of any person, firm or corporation, now or hereafter conducting any such business, for the purpose of distributing such service throughout the City, or any portion thereof; provided the City shall never purchase or sell any such public utility without first submitting the same to a vote of the qualified voters of the City and further provided that no vote shall be required where the City leases the operation of a public utility to a private party.
(Ordinance O-15-007 adopted 5/9/15)
Said City shall have the authority to manufacture its own electricity, gas or anything else that may be needed or used by it or the public; to make contracts with any person, firm or corporation for the purchase of gas, water, electricity or any other commodity or articles used by it or the public, and to sell same to the public as may be determined by the governing authority.
(Ordinance O-15-007 adopted 5/9/15)
In the event said City shall acquire by purchase, gift, devise, deed, condemnation or otherwise, any water-works system, electric-light or power system, gas system, street-railway system, telephone system, sewer systems, garbage collection or any other public service utility to operate and maintain for the purpose of serving the inhabitants of said City, the right to operate and maintain such public service utility so acquired shall be exclusive as Council may provide by ordinance.
(Ordinance O-15-007 adopted 5/9/15)
It is contemplated and intended by the adoption of this Charter to confer, and is hereby conferred, upon the City of Brenham, the full power of local self-government and the enumeration of and reference to the powers hereinabove made, or that hereinafter may be made, shall never be construed to preclude, by implication or otherwise, the said City of Brenham from exercising any and all powers incident to the full enjoyment of local self- government provided that such powers shall not be inhibited by the Constitution of the State of Texas.
(Ordinance O-15-007 adopted 5/9/15)