The city shall have all of the powers granted to municipal corporations and to cities by the constitution and laws of the State of Texas, together with all the implied powers necessary to carry into execution all the powers granted. The city may acquire property within or without its corporate limits for any city purposes in fee simple or any lesser interest or estate, by purchase, gift, devise, lease or condemnation, and may sell, lease, mortgage, hold, manage and control such property as its interests may require; and, except as prohibited by the constitution of this state or restricted by this charter, the city shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The City may use a corporate seal; may sue and be sued; may contract and be contracted with; may implead and be impleaded in all courts and places and in all matters whatever; may cooperate with the government of the State of Texas or any agency thereof, the Federal Government or any agency thereof, or any political subdivision of the State of Texas, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the City or its inhabitants; and may pass such ordinances as may be expedient for maintaining and promoting the peace, welfare and government of the city, and for performance of the functions thereof. The enumeration of particular powers by this charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby or appropriate to the exercise of such powers, it is intended that the City of Brownfield shall have, and may exercise, all powers of local self-government and all powers enumerated in Chapter 13, Title 28, Revised Civil Statutes of the State of Texas of 1925, and the acts amendatory thereof and supplementary thereto, now or hereafter enacted or any other powers which, under the constitution and laws of the State of Texas, it would be competent for this charter specifically to enumerate, and also such further powers as may hereafter be granted under the constitution and laws of Texas.
Owners of property adjoining the City of Brownfield shall have the right to request voluntary annexation to the City of Brownfield in the manner prescribed by state law.
Note-See editor's note following § 3 of this Charter.
(Amended by Charter election called 5/6/00)
"As an alternative method, the City Council shall have power by ordinance to fix boundary limits of the City of Brownfield, and to provide for the extension of said boundary limits and the annexation of additional territory adjoining said City, with or without the consent of the owners of said land in said territory, and inhabitants annexed. Upon the introduction of such ordinance under the provisions of this Section 6 in the City Charter, it shall be published in the official newspaper of the City of Brownfield for the time prescribed by law and thereafter acted on pursuant to the laws of the State of Texas. Any citizen of the City of Brownfield, or of the territory to be annexed, shall have the right to contest said annexation by filing with the City Council a written petition setting out the reasons for said contest and after such citizen or citizens shall have been given an opportunity to be heard, said ordinance, in original or amended form, may be finally passed, and the territory so annexed shall be a part of the City of Brownfield. In the event the ordinance is amended by the city council, following the contest said ordinance in its amended form shall be published in the official newspaper of the City of Brownfield as provided by law and thereafter be finally acted upon according to the laws of the State of Texas as said City Council in its sole discretion may determine. Following adoption of the ordinance the inhabitants of the annexed property shall be entitled to all rights and privileges of other citizens and shall be bound by the acts, charter, ordinances, resolutions and regulations of said city.
Note-See editor's note following § 3 of this Charter.
(Amended by Charter election called 5/6/00)
The city shall have the full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this charter, or by the constitution or laws of the State of Texas. The city may also exercise the power of eminent domain in any other manner now or hereafter authorized or permitted by the constitution and laws of this State, or in the manner and form that may be provided by ordinance of the governing body of the City. The power of eminent domain hereby conferred shall include the right of the city to take the fee in the lands so condemned and such power and authority shall include the right to condemn public property for such purpose. The city shall have and possess this power of condemnation of property within or without the corporate limits for any municipal or public purposes, even though not specifically enumerated herein, or in this Charter.
(Amended by Charter election called 5/6/00)
The City of Brownfield shall have the power of lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges. The City of Brownfield has supervisory powers over all streets, alleys, sidewalks, bridges, parks and other public ways and places within the city. The City has the power to:
(1)
regulate the use of streets and other public ways, provide for cleaning and lighting, prevent and remove encroachments and direct and regulate the planting of trees;
(2)
regulate openings for laying out gas, water and other mains and pipes;
(3)
regulate the use of sidewalks and require the owners or occupants of abutting premises to keep their sidewalks free from obstructions;
(4)
prevent activities that would result in damage to streets, alleys or other public grounds;
(5)
regulate crosswalks, curbs and gutters;
(6)
regulate the posting of signposts, handbills and similar items on streets, sidewalks and other grounds;
(7)
regulate traffic and sales on streets, sidewalks and other public spaces.
(Amended by Charter election called 5/6/00)
The City of Brownfield shall have exclusive dominion, control and jurisdiction in, upon, and over and under the public streets, avenues, alleys and highways of the City, and may provide for the improvement thereof by paving, repaying, raising, draining, or otherwise. The provisions of Chapter 106, Fortieth Legislature, First Called Session, Acts 1927, being Article 1105b, Vernon's Annotated Civil Statutes of Texas, together with existing amendments and all such amendments as hereafter may be made, and acts supplementary thereto, now or hereafter enacted, are expressly adopted and made a part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the City shall also include, but not be limited to the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires, or other property.
As an alternative method and as an alternative method only, there is hereby adopted by the City of Brownfield, the powers enumerated in Chapter 14, of the Acts of the Thirty-first Legislature, Second Called Session, Page 402, known as the Street Improvement Law, together with all amendments now existing or hereafter enacted, being Articles 1086 of the Revised Civil Statutes of the State of Texas and following.
The City Council shall have the right by ordinance to adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash and rubbish within the City of Brownfield, and shall further have the right to fix charges and compensation to be charged by the City for the removal of garbage, trash and rubbish, providing rules and regulations for the collection thereof.
There shall be a court for the trial of misdemeanor offenses known as the Municipal Court of the City of Brownfield, with such powers and duties as are given and prescribed by the laws and constitution of the State of Texas.
(Amended by Charter election called 5/6/00)
(Deleted by Charter election called 5/6/00)
(Deleted by Charter election called 5/6/00)