The inhabitants of the City of Edna in Jackson County, Texas, within the corporate limits as now established and hereafter altered, shall continue to be and are hereby constituted a municipal body politic and corporate, in perpetuity, under the name of City of Edna hereinafter referred to as the city and having such powers, privileges, rights, duties and immunities as are herein provided.
The municipal government provided by this Charter shall be the council-manager form of government. Pursuant to the provision of, and subject only to the limitations imposed by the state constitution, the state laws, and this Charter, all powers of the city shall be vested in an elective council, hereinafter referred to as the council, which shall enact legislation, adopt budgets, determine policies, and appoint the city manager, who shall execute the laws and administer the government of the city.
The city shall be a home rule city, with full power of local self-government, including the right to amend this Charter, as provided by the constitution and laws of this state. It shall have all the powers granted to cities by the constitution and laws of the State of Texas, together with all the implied powers necessary to carry into execution such granted powers.
It may use a corporate seal; may sue and be sued; may contract and be contracted with; may cooperate with the government of the State of Texas, or any agency or political subdivision thereof, or the federal government or its agencies, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety, and convenience of the city and its inhabitants; may acquire property within or without its corporate limits for any municipal purposes in fee simple, or in any lesser interest or estate by purchase, gift, devise, lease or condemnation, and subject to the provisions of this Charter, may sell, lease, mortgage, hold, manage and control such property as may now or hereafter be owned by it; may pass ordinances and enact such regulations as may be expedient for the maintenance of the good government, order, and peace of the city and the welfare, health, morals, comfort, safety, and convenience of its inhabitants; and shall have and may exercise all municipal powers, functions, rights, privileges and immunities of every kind and nature whatsoever, subject only to the limitations imposed by the state constitution, the state laws, and this Charter.
The enumeration of particular powers by this Charter shall not be judged to be exclusive and, in addition to the powers enumerated or implied herein, it is intended that the city shall have and may exercise all powers which, under the constitution and laws of this state, it would be competent for this Charter specifically to enumerate.
The city shall have exclusive dominion, control and jurisdiction in, upon, over and under the public streets, sidewalks, alleys, highways, public squares and public ways within the corporate limits of the city, and in, upon, over and under all public property of the city. With respect to each and every public street, sidewalk, alley, highway, public square, public park or other public way within the corporate limits of the city, the city shall have the power to establish, maintain, improve or alter the same; or abandon, or vacate the same in the manner provided by law; to regulate, establish, or change the grade thereof; to control and regulate the use thereof; and to abate and remove in a summary manner any encroachment thereon.
The boundaries of the city may be altered by extension or contraction through annexation or detachment of territory by one of the following methods:
a)
Annexation.
The boundaries of the City may be enlarged and extended by the annexation of additional territory, in conformity with the procedure set forth in applicable State Law as presently enacted or hereafter amended. Upon the City Council finding completion of and approval of the applicable State Law annexation procedures for territory to be annexed, such territory shall become a part of the city and said land and its residents and future residents shall be entitled to all rights and privileges of other citizens of the city and shall be bound by acts, ordinances, resolutions and regulations of the city.
b)
Detachment of territory.
Whenever there exists within the corporate limits of the City any territory not suitable or necessary for city purposes, the City Council may, upon a petition signed by a majority of the qualified voters residing in such territory, if the same be inhabited, or without any such petition if the same be uninhabited, by ordinance duly passed, discontinue said territory as a part of said city; said petition and ordinance shall specify accurately the metes and bounds of the territory so that the same can be definitely ascertained; and when said ordinance has been duly passed the same shall be entered upon the minutes and records of said city, and from and after the entry of such ordinance said territory shall cease to be a part of said city, but said territory shall be liable for its pro rata share of any debts incurred while said area was a part of said city, and the city shall continue to levy, assess and collect taxes on the property within said territory to pay the indebtedness incurred while said area was a part of the city as though the same had not been excluded from the boundaries of the city.
c)
Extension of municipal utilities.
Municipal utilities shall be extended to serve annexed territory when in the discretion of the city council such extensions are advisable and are financially feasible. Before annexing any territory, the city council shall have a service plan and also a financial plan to provide said city services. Municipal services shall be extended to serve annexed territory within two and one-half (2-1/2) years. If council does not act within two and one-half (2-1/2) years, any qualified voter residing in an annexed territory may petition council to disannex such territory and in the event of an adverse decision of the council, may request such disannexation by appeal to the District Court under Section 10, Article 970a, Vernon’s Texas Civil Statutes.
(Amnd. by referendum 4/2/68; amnd. by referendum 4/5/80; Ordinance 84-02 adopted 2/15/84, adopted by referendum 4/5/84; Amnd. at an election held May 1, 2021)