The enumeration of powers made in this Charter shall never be
construed to preclude, by implication or otherwise, the city from
exercising the powers incident to the enjoyment by the Constitution
and laws of the State of Texas.
All ordinances and resolutions in force at the time of the taking
effect of this Charter, not inconsistent with its provisions, shall
continue in force until they are amended or repealed.
This Charter, after its adoption, may be amended in accordance
with the provisions of an Act of the 33rd Legislature of the State
of Texas, entitled “An Act authorizing cities having more than
5,000 inhabitants by a majority vote of the qualified voters of said
city at an election held for that purpose, to adopt and amend this
Charter.”
The present members of the city council shall hold and retain
their respective offices for the remainder of the term of office for
which they were elected.
(Amend. of 1/23/68)
The present city council shall, after this amendment becomes
operative, when calling the next regular election of city council
members, provide in said election for the election of city council
members for places 6 and 7, by a majority vote, which two (2) city
council members shall hold their offices until the first Tuesday in
May, 1970, or until their successors are elected and qualified.
(Amend. of 1/23/68)
Upon a petition of thirty-three and one-third (33-1/3) percent
of the qualified voters of the City of Mexia, the city council must
order an election for the recall of any member of the city council
or of all the members of the city council. No member of the city council
shall be subject to a second recall as provided for herein until a
year after a previous recall election in which the right of a member
to retain his seat on the commission shall have been determined. Said
petition of said voters shall be filed in the office of the city secretary,
and if it shall be determined by the city council that thirty-three
and one-third (33-1/3) percent of the said voters as shown by the
poll tax receipts issued in said city up to February 1, next preceding
the filing of said petition, have signed said petition, then it shall
be the duty of the said council to call a special election not more
than forty (40) days after the filing of said petition, for the purpose
of determining the will of the voters of said city, as to whether
or not any or all of the members of the city council shall be recalled.
In the event that the city council shall, within ten (10) days after
the filing of said petition, fail or refuse to call said election
as hereinabove set forth, then, in such event, the county judge of
Limestone County, Texas shall call said election within such period
and such election shall be held in the manner provided for the holding
of special elections in said city.
The city council shall have the power to acquire, own, establish,
maintain and regulate a free public park or parks and public library
or libraries for all purposes that parks and libraries are used, and
shall have the power to provide the necessary revenue for the maintenance
thereof, and shall have the power to make such rules and regulations
for the maintenance and control thereof as they deem to the best interest
of the inhabitants of the city.
The city council shall annually, as soon after the commencement
of the municipal year as may be practicable, contract with and by
ordinance or resolution designate a public newspaper of general circulation
in the city as the official organ thereof, and to continue as such
until another is designated, and shall cause to be published therein
all ordinances, notices, and other matter required by this Charter,
by the ordinances of the city, or the laws of the state to be published.
The city council shall have the power to pass all ordinances
necessary or expedient to control and regulate commerce within the
city, and to regulate, locate and otherwise control same upon the
street, and other public places, and to prevent the sale at retail
or job lots of commodities upon the tracks or switches or the right-of-way
or from the cars of any railway company running into or through, the
city.
The city council shall have the power to remit in whole or in
part on such conditions as it may deem proper by a majority vote of
the city council, any fine or penalty belonging to the city, which
may be imposed or incurred under any ordinance by the city.
The city council shall have the power to pass all ordinances
necessary to prevent crime and punish offenders and criminals.
The city council shall have the power to regulate picture shows
and all places of public amusement or entertainment, and to regulate
the control and to supervise the character thereof, exhibitions given
and pictures or other matter exhibited for public entertainment in
all such places, and to forbid any exhibition that in the judgment
of the city council is indecent, immoral or calculated to affect injuriously
the morals of the people, and if deemed advisable by it, to pass all
such penal ordinances as may be necessary to punish persons violating
the same.
All provisions of the general laws of this state governing the
selection and designation of a city depository is hereby adopted as
the law governing the selection and designation of a depository for
the City of Mexia.
All valid and existing contracts to which the City of Mexia
is a party, heretofore validly made, and not heretofore terminated
by agreement, novation, breach or otherwise, shall be unaffected by
the adoption of this Charter and shall be executed in accordance with
the laws applicable thereto, and until executed such contracts are
here now declared to continue in full force and effect.
The city council shall meet in regular session at any place
designated by the city council at least once each month, at such time
as may be prescribed by ordinance, for the transaction of such business
as may come before it, and may meet at any other time upon call of
the mayor or upon the request of two (2) or more council members.
(Amend. of 1/5/54)
In the event that any portion of this Charter should be held
to be void because of any conflict with the constitution or statutes
of this state, or for any other reason by a court of competent jurisdiction,
then in such event said holding shall in no manner affect the remaining
items of said Charter not inconsistent with the laws of this state.
The above and foregoing Charter of the City of Mexia was duly
and legally adopted in conformity with the laws of this state and
became effective as the governing authority and Charter of said City
of Mexia on July 7, 1924, and since that date has been in full force
and effect.
The Charter appears above as amended.