The City shall have all powers, except as limited by this Charter, 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 purpose 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 interest may require; and, except as prohibited by the Constitution of the State of Texas, or restricted by this Charter, the City shall [have] 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, education, 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 the 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 Kermit shall have all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever, now and hereafter granted by the Constitution and laws of Texas, including without limitation, the powers conferred expressly and permissively by Tex. Loc. Gov’t Code, sections 51.071–51.078, as now or hereafter amended, all of which are hereby adopted. The Council is expressly authorized to adopt any rule or regulation deemed necessary, advisable or convenient for the purpose of exercising any power expressly or permissively conferred by such Act.
The City of Kermit shall have the power to lay out, establish, open, alter, widen, lower, extend, abandon, discontinue, abolish, close, care for, pave[,] supervise, maintain, and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and encroachments of every nature. The City of Kermit shall have the authority to establish building lines in accordance with Tex. Loc. Gov’t Code, section 213.001 et seq.
The City of Kermit 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, repaving, raising, draining, or otherwise improving the same. 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 public pipes, lines, wires, or other property, at the expense of such property.
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, upon payment of fair compensation for the property taken. In all cases where the city seeks to exercise the power of eminent domain, it may be controlled as nearly as practicable, by the laws governing the condemnation of property by railroad corporations in this State, the City taking the position of the railroad corporation in any such case. The City may also exercise the power of eminent domain in any other manner 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 unless a lesser interest would serve the needs of the City and such power and authority shall include the right to condemn public property for such purposes. The City shall have and possess this power of condemnation of property within or without the corporate limits for any municipal or public purpose, even though not specifically enumerated therein or in this Charter.
The City shall have the power to provide a sanitary sewer system and to require the connection with such sewer system of any occupied lot to the line of which lot the city proposed [proposes] to bring its sewer line, and the owner of such lot shall pay the regular and customary connection charges. The City shall have the right to fix by ordinance, penalties for failure to make required sanitary sewer connection, to fix charges and compensation to be charged by the City for sewerage service, and to provide rules and regulations for the collection of such compensation.
The City shall have the power to provide a public water system and shall have the right to fix by ordinance, the charges and compensation to be charged by the City for public water service, and to provide rules and regulations for the collection of such compensation.
The City Council shall have the right to adopt and prescribe by ordinance, rules and regulations for the handling and disposition of all garbage, trash and rubbish; for compensation to be charged by the City for the removal and disposal of garbage, trash and rubbish; and for the collection of such compensation.
The City of Kermit shall never be liable for any personal injury, whether resulting in death or not, unless the person injured or someone in his behalf, or in the event the injury [results in death, the person or persons who may have cause] of action under the law by reason of such death [or] injury, shall file a notice in writing with the City Manager or City Clerk within thirty (30) days after the same has been received, stating specifically in such notice when, where and how the exact injury occurred and the full extent thereof, together with the amount of damages claimed or asserted. The City of Kermit shall never be liable for any claim for damage or injury to personal property unless the person whose personal property has been injured or damaged or someone in his behalf, shall file a claim in writing with the City Manager or City Clerk within thirty (30) days after said damage or injury has occurred [stating specifically when, where and how the damage occurred] and the full extent thereof, and the amount of damage sustained. The City of Kermit shall never be liable for any claim for damage or injury to real property caused by negligent act of [or] omission of its officers, servants, agents, or employees, unless the person whose real property has been injured or damaged or someone in his behalf, shall file a claim in writing with the City Manager or City Clerk within thirty (30) days after said damage or injury has occurred, stating specifically when, where and how the injury or damage occurred and the amount of damage claimed. The City of Kermit shall never be liable on account of any damage or injury to person or to personal property arising from or occasioned by any defect in any public street, highway, alley, grounds or public work of the City of Kermit unless the specific defect causing the damage or injury shall have been actually known to the City Manager, or to the Director of Public Works at least twenty-four (24) hours prior to the occurrence of the injury or damage, or unless the attention of the City Manager or Director of Public Works shall have been called thereto by a notice thereof in writing at least twenty-four (24) hours prior to the occurrence of the injury or damage and proper diligence has not been exercised to rectify the defect. The notice herein required to be given to the City Manager or Director of Public Works of the specific defect causing the damage or injury shall apply where the defect arose from any omission of the City itself, through its agents, servants, or employees, or acts of third parties.