[1]
Editor’s notes–Former section 11 pertaining to regulation of railroads, was repealed and deleted in its entirety by Ordinance 823 at an election held on May 15, 2017, ex. B, sec. III. The remaining sections were renumbered at the request of the city.
The City shall have all the powers now or hereafter granted to municipal corporations by the constitutions and laws of the State of Texas, together with all the implied powers necessary to carry into execution all the powers granted; and, except as prohibited by the constitution of this state or restricted by this Charter, the City shall and may exercise all municipal functions, rights, privileges and immunities of every name and nature whatsoever. The enumeration of particular powers by this charter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to exercise of such powers, it is intended that the City shall have, and may exercise, all powers of local self-government, and all powers enumerated in TEX. REV. CIV. STAT. art. 1175, tit. 28, ch. 13, it would be competent for this Charter specifically to enumerate.
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 power of eminent domain 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 purposes. The City shall have and possess this power of condemnation for any municipal or public purpose, even though not specifically enumerated herein or in this Charter.
The City shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, squares, parks, public places and bridges and regulate the use thereof and require the removal from streets, sidewalks, alleys, and other public property or places all obstructions and encroachments of every nature or character upon any of said streets, public property and sidewalks.
The City 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, grading, draining, or otherwise. The City shall have the power and authority to make assessments against abutting owners for all or part of street and curb and gutter improvements.
(a) 
The City Council shall have the power by an ordinance duly adopted by said Council to fix or define the boundary limits of the City; and to provide for the alteration and extension of the boundary limits of the City, and the annexation of additional territory lying adjacent to the City, with or without the consent of the territory and the inhabitants annexed. In addition to any publication of the ordinance required by statute, notice shall be posted at City Hall and at the Lee County Courthouse in the same form as published. Upon the introduction of any such ordinance in the City Council, it shall be published at least one time in a newspaper having general circulation in the City, and said ordinance shall not thereafter be finally acted upon until at least thirty (30) days have elapsed after the first publication thereof. When the said ordinance is published, it shall be accompanied by a statement showing when the said ordinance will be finally acted upon. Upon the final passage of any such ordinance, the boundary limits of the City shall thereafter be fixed as provided in such ordinance, and when any additional territory has been so annexed, same shall be a part of the City, and the property situated therein shall bear its pro rata part of the taxes levied by the City, and the inhabitants thereof shall be entitled to all the rights and privileges of all the citizens and shall be bound and governed by the acts, ordinances, resolutions and regulations of the City.
It is intended that annexation provided by this section shall be in the manner and time provided by TEX. REV. CIV. STAT. art. 970a, as the same now exists or may hereafter be amended, and in case of any conflict, TEX. REV. CIV. STAT. art. 970a shall govern. The City shall be governed by the provisions of TEX. REV. CIV. STAT. art. 970a in providing City services.
(b) 
Whenever a majority of the qualified voters who are citizens of the State of Texas and inhabitants of any territory adjoining the City, as said territory may be designated by the City Council, or in case there are no qualified voters in said territory, then when persons owning a majority of land in area of said territory desire the annexation of such territory to the City, they may present a written petition to that effect to the City Council and shall attach to said petition the affidavit of one or more of their number to the effect that said petition is signed by a majority of such qualified voters, or in case there are no qualified voters, said affidavit shall be to the effect that there are no qualified voters in said territory and that the persons signing said petition own a majority of the land in the area of said territory; and thereupon the City Council at a regular session held not sooner than twenty days after the presentation of said petition may by ordinance annex such territory to the City, and thenceforth the said territory shall be a part of the City, and the inhabitants thereof shall be entitled to all of the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of said City.
(c) 
Before the City may institute annexation proceedings, the City Council shall provide an opportunity for all interested persons to be heard at two public hearings to be held not more than forty (40) days nor less than twenty (20) days prior to institution of such proceedings. At least one (1) public hearing shall be held within the area proposed to be annexed. Notice of such hearing shall be published in a newspaper having general circulation in the City and in the territory proposed to be annexed. The notice for each hearing shall be published at least once in such newspaper not more than twenty (20) days nor less than ten (10) days prior to that hearing. Additional notice by certified mail should be given to railroad companies then serving the City and on the City’s tax roll where the right-of-way thereof is included in the territory to be annexed. Annexation of territory by the City shall be brought to completion within ninety (90) days of the date on which the City Council institutes annexation proceedings or be null and void. Provided, however, any period of time during which the City is restrained or enjoined from annexing any such territory by a court of competent jurisdiction shall not be computed in such ninety (90) days limitation period.
The City shall have the power to provide for a water and sanitary sewer system, and to require property owners to connect their premises with such water and sewer system; to provide for fixing penalties for failure to make sanitary sewer connections; to provide rules and regulations for the collection of charges for the use of the water and sanitary sewer system.
The City Council shall have the power to provide for an electrical system, and to require property owners to connect their premises with such electrical system; to provide for fixing penalties for failure to make electrical connections; to provide rules and regulations for the collection of charges for use of the electrical system.
The City Council shall have the power to provide for the handling and disposition of all garbage, trash and rubbish within the City, 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 and provide rules and regulations for the collection of such charges or compensation.
The City Council shall have the right to provide for the inspection and regulation of the sanitary condition and safety of all premises and vacant lots and abandoned houses or buildings within the city limits, for the removal of garbage, refuse, and unsanitary vegetation; it shall have the right to fix charges for such removal, provide regulations for the collection of such charges, and provide for establishing a lien against any property for any expense incurred by the City in enforcing this provision; and further to provide for the making and enforcing of all proper and reasonable regulations for the health and sanitation of said City and its inhabitants.
The City may acquire lands and other properties, within or without its corporation limits, for any City purpose in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, lease-purchase or condemnation. The City may sell, lease, mortgage, hold, manage and control such property as its interest may require and as provided by law.
The City shall have exclusive control over all City parks and municipal playgrounds, and the right to control, regulate the parks and playgrounds, and remove all obstructions and prevent all encroachments thereupon. The City Council may appoint a Public Parks and Playgrounds Board.
The City shall have the right to establish and maintain a free public library within the City and cooperate with any person, firm, association, corporation, or political subdivision of the State of Texas, or of the United States of America, under such terms as the City Council may prescribe, for the establishment or maintenance of such public library. A duly qualified Librarian shall be Administrator of the City Library, responsible to the City Manager. The City Council may appoint a Library Advisory Board.
The City shall have the right to operate an airport facility, either by itself or in conjunction with another governmental entity, in accordance with the Municipal Airport Act of 1947.
The City shall have the power to regulate burial grounds, cemeteries and crematories owned by any person, firm, corporation or association now or hereafter established and to condemn and close any such when health may demand; to purchase, establish, own, regulate and maintain one or more cemeteries, as provided by State Statute.
(1) 
The City Council shall have the power and authority to sell and distribute electricity and water and to sell and provide for sewer services and any other utilities to any person, firm or corporation outside the limits of the City, and to permit them to connect with said system under contract with the City, under such terms and conditions as may appear to be for the best interests of the City; provided the charges fixed for such services outside the city limits shall be reasonable when considered in the light of all circumstances, to be determined by the City Council.
(2) 
The City Council shall have the power and authority to prescribe the kind of materials used within or beyond the limits of the City where it furnishes the service, and to inspect the same and require them to be kept in good order and condition at all times and to make such rules and regulations as shall be necessary and proper, and prescribe penalties for noncompliance with same.