All the inhabitants of that part of Yoakum County, Texas, within the hereinafter designated boundaries and their successors shall be and are hereby recognized as a body politic and corporate, under and to be known by the name and designation of the “City of Denver City,” with all the rights, powers, privileges, and immunities herein granted.
The Boundaries of the City of Denver City shall be the same as have been heretofore established and now exist and those boundaries established and changed hereafter in all annexation ordinance[s] and proceedings of the City of Denver City, Texas filed in the office of the City Manager of Denver City, Texas.
The City of Denver City, made a body politic and corporate by the legal adoption of this charter, shall have the full power of local self-government and all other powers possible for a city operating under a home rule charter to have under the Constitution and General Laws of this state as fully and completely as though they were specifically enumerated in this Charter.
The enumeration of particular powers by this charter shall not be held or deemed to be exclusive, but, without limitation of the foregoing section, the following powers among other[s] that may be exercised by the City are hereby enumerated for greater clarity:
A.
To have perpetual succession.
B.
To adopt a corporate seal and to alter it at will.
C.
To sue and be sued, to implead and be impleaded in all courts having jurisdiction of the subject matter
D.
To make contracts.
E.
To acquire property of all kinds within or without the corporate limits for any municipal or public purpose in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, condemnation, or other lawful manner, and to own, hold, maintain, improve, enlarge, manage, control, operate, lease, sell, or otherwise dispose of such property.
F.
To raise revenue and to make appropriations.
G.
To borrow money and to issue general obligation bonds, revenue bonds, and certificates of obligation or other forms of debt service evidencing the indebtedness of the City.
H.
To adopt and to enforce municipal legislation for the proper organization and functioning of the city government, for the preservation and enforcement of good government and order, for the protection and enhancement of health, life, morals, property, and welfare of the City and its inhabitants, and for all other purposes within the power of the City to legislate. This legislation may provide suitable penalties for the violations of any ordinance enacted by the City of Denver City.
I.
To define, prohibit, and abate nuisances within and without the City as authorized by law.
J.
To own, operate, and regulate public utilities and public services within the City limits. Such utilities and services can be extended outside the City at the discretion or the City Council so long as such services are operated at a reasonable profit.
K.
To grant, renew and extend franchises.
L.
To make local public improvements and to acquire, by condemnations or otherwise, property within and without the City limits necessary for such improvements.
M.
To regulate and control the use, for whatever purpose, of the streets, alleys, and other public places.
N.
To adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash, and rubbish within and without the City of Denver City, and to fix charges and compensation to be charged by the city for the removal of garbage, trash and rubbish.
O.
No City service or utility shall be extended to any individual including but not limited to city officers, employees, retirees or volunteers at a rate different [sic]
P.
All enumerated powers set forth in Article 1175, Texas Revised Civil Statutes.
The City shall have the full power and right 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 and laws of the State of Texas. The City may exercise the power of eminent domain in any manner authorized or permitted by the constitution and laws of this state. The power of eminent domain hereby conferred shall have and possess the power of condemnation for any municipal or public purposes even though not specifically enumerated in the charter.
The City Council shall have the power by ordinance to fix the boundary limits of the City and to provide for the alteration and extension of said City limits, in the following manner, not inconsistent with the Laws of the State of Texas.
There shall be two methods of annexation for the City of Denver City:
A.
By Petition
A majority of residents in the area wishing to be annexed, eligible to vote for members of the State Legislature, shall petition the City Council to annex the territory. The petition shall contain a metes and bounds description of the territory, and shall be proved by the affidavits of three or more persons that the signatures are genuine.
In case there are no qualified voters in said territory, then when persons owning a majority of the land in said territory, desire the annexation of such territory to Denver City, then they may present a written petition to the City Council, and shall attach to said petition an affidavit signed by such owners, that there are no qualified voters in the proposed territory and that the persons signing said petition own a majority of the land. The City Council shall have the right to accept or reject said petition for annexation. The City Council must show just cause for annexing or not annexing the said property to the citizens of Denver City.
B.
By City Council
As an alternative method, the City Council shall have power by ordinance to fix the boundary limits of Denver City and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said City, with or without the consent of the owners of said land in said territory, and inhabitants annexed. City Council must show just cause for annexing or not annexing the said property to the citizens of Denver City.
C.
Annexation Procedure
All extensions of the City limits by the City of Denver City, whether by petition or by Council order, shall be in accordance with Article 970a of the Revised Civil Statutes and adhere to the following procedure:
1.
The City shall prepare a Service Plan that provides for the extension of municipal services into the area to be annexed. Police, fire protection, solid waste collection, the maintenance of roads, street lights, parks, playgrounds, and any other publicly owned facilities shall be provided within sixty (60) days after the effective date of the annexation.
A construction or acquisition program which will provide any necessary capital improvements must begin so that construction begins two and one-half (2-1/2) years after the effective date of annexation.
2.
The City must publish Notice in the official newspaper of the City of the first Annexation Public Hearing 10-20 days prior to the hearing. Additional notice shall be given to any Railroad Company having service in proposed annexation territory.
3.
The City Council must hold a Public Hearing on the date published in the newspaper. At the hearing, the proposed service plan is discussed, and any interested citizens allowed to speak.
4.
The City must publish Notice in the official newspaper of the 2nd Annexation Public Hearing 10-20 days prior to the Hearing. (Notice is also given to any affected railroad companies.)
5.
The second hearing must be held on the date published in the newspaper 10-20 days after the first public hearing. One of the hearings must be held within the area to be annexed. At the hearing the proposed service plan is discussed and any interested citizen allowed to speak.
6.
After completion of the two public hearings, if the City Council adopts an annexation ordinance, said ordinance must also include the proposed Service Plan. Annexation of territory by the City must be brought to completion within 90 days of the date annexation procedures are instituted. The annexation ordinance must be adopted 20-40 days after the last public hearing.
E.
Platting of Property
Should any property lying within or adjacent to the City limits be hereafter platted into blocks and lots, the owner of said property shall prepare, or cause to be prepared, a plat of said property and show on said plat all blocks, lots, streets, alleys, and easements, showing the dimensions on said plat of all blocks, lots, streets, alleys, and easements, and all streets, alleys and easements abutting the property platted; if said plat is accepted and approved by the City Council, a copy of same shall be filed with the City Manager and the original filed in the deed records of the appropriate County. All streets, alleys and easements shown on said plat shall become the property of the City of Denver City to be used by the public for the purposes for which they were dedicated by the owner of the land platted.
F.
Disannexation
Disannexation shall follow applicable state laws.
The municipal government provided by this charter shall be a “Council-Manager government.” All powers of the City shall be exercised in the manner prescribed by this Charter, or, if the manner is not thus prescribed, then in such a manner as the Council may prescribe by Ordinance.