The City of Mexia shall have exclusive dominion, control and
jurisdiction in, upon, over and under the public streets, avenues,
alleys and highways of the city, and to provide for the improvement
thereof by paving, raising, grading, draining or otherwise, and to
charge the cost of making such improvement against the abutting property,
by fixing a lien against the same and a personal charge against the
owner thereof, according to an assessment specially levied therefor,
in an amount not to exceed the special benefit any such property received
in enhanced value by reason of such improvements, and to provide for
the issuance of assignable certificates covering the payment for said
improvements; providing that in no event shall more than three-fourths
of the cost of such improvement be charged to the owner and made a
lien against said abutting property; it being further provided that
all street railways, steam railways, and other railways shall pay
the entire cost of improving said streets, avenues, alleys and highways
between the rails and tracks of any such railway companies, and for
a distance of two (2) feet on each side thereof.
Said city shall have the power to provide for the construction
and building of sidewalks and to charge a pro rata cost of the construction
of said sidewalks, including the curb, against the owner of the abutting
property and to make a special charge against the owner for such cost,
and to provide by special assessment, a lien against such property
for such cost; provided, however, that in no event shall more than
three-fourths of the cost of such improvement be charged to the owner
and be made a lien against said abutting properties.
Said city shall have the power to provide for the construction,
improvement or repair of any such sidewalks, or the construction of
any such curb, and to declare defective sidewalks to be a public nuisance.
Franchises shall be granted only for indeterminate periods,
reserving to the city the right to purchase at a fair value, the franchise
and property of the corporation at the end of the first ten (10) years,
and at the termination of every five (5) years thereafter.
Said city shall have the power and authority to grant franchises
for the use and occupancy of streets, avenues, alleys and any and
all public grounds belonging to or under the control of the city.
No telegraph, telephone, electric light or power, street railway,
interurban railway, steam railway, gas company, waterworks, water
systems or any other character of public utility shall be granted
any franchise or permitted the use of any street, avenue, alley, highway
or grounds of the city without first making application to and obtaining
the consent of the governing authorities thereto, as proposed by ordinance,
and upon paying such compensation as may be prescribed and upon such
conditions as may be provided for by such ordinance, and before such
ordinance proposing to make any grant or franchise or privilege to
any applicant to use or occupy any streets, avenues, alley or any
other public ground belonging to or under control of the city, shall
become effective, publication of said ordinance as finally proposed
to be passed, shall be made in some newspaper published in the City
of Mexia, once a week for three (3) consecutive weeks, which publication
shall be made at the expense of the applicant desiring said grant
and said proposed ordinance shall not be thereafter changed unless
again republished as in the first instance, nor shall any such ordinance
take effect or become a law or contract or vest any rights in the
applicant therefor, until after the expiration of thirty (30) days
from the last publication of said ordinance, as aforesaid.
Said city shall have the power to open, extend, straighten and
widen any public street, avenue or alley, and for such purpose to
acquire the necessary land by purchase or condemnation. Such condemnation,
if any, shall be in the same manner and subject to the same laws and
regulation as is now provided by the statutes and laws of the State
of Texas.
Said city shall have the power to control, regulate and remove
all obstructions, encroachments and encumbrances on any public street,
avenue, alley, and to narrow, alter, widen, straighten, vacate, abandon
and close same; to provide for sprinkling and cleaning same, and to
regulate and control the moving of buildings and structures of every
kind and character upon and along the same.
Said city shall have exclusive control over all city parks,
and playgrounds and to control, regulate and remove all obstructions
and prevent all encroachment, thereupon; and to provide for raising,
grading, filling, terracing, landscape gardening, erecting buildings,
providing amusement therein, for establishing walks and paving driveways
around, in and through said parks, playgrounds and other public grounds.