The inhabitants of the City of Kyle, Texas, within the corporate
limits as now and as hereafter established, extended and modified,
shall continue to be and are hereby constituted a body politic and
corporate in perpetuity under the name of the "City of Kyle," hereinafter
referred to as the "city," with such powers, privileges, rights, duties,
and immunities as herein provided.
The municipal government shall be, and shall be known as, the
"council-manager" form of government. Pursuant to the provisions of,
and subject only to the limitations imposed by, the state constitution,
state laws, and this charter, all powers of the city shall be vested
in and exercised by an elective governing body, hereinafter referred
to as the "city council" or "council". The council shall enact legislation,
adopt budgets, determine policies, make appointments to positions
as provided herein, and appoint the city manager who shall execute
the laws and administer the government of the city.
All suits, taxes, penalties, fines, forfeitures, and all other
rights, claims and demands, of every kind and character, which have
accrued under the laws in favor of the city shall belong to and vest
in the city; shall not abate by reason of the adoption of this charter;
shall be prosecuted and collected for the use and benefit of the city;
and shall not be in any manner affected by the taking effect of this
charter; but as to all of such rights, the laws under which they shall
have accrued shall be deemed to be in full force and effect. The budget
and all ordinances, rules and regulations of the city shall be and
remain in effect, subject to the terms of this charter and the future
discretion and vote of the council. All present commissions, boards
and officers of the city shall continue in office subject to the provisions
of this charter, including, but not limited to, the provisions governing
election and removal, and the council's exercise of the authority
conferred by this charter.
The city shall possess and may exercise the full power of local
self-government and shall have all powers possible and lawful for
a home rule city to have under the constitution and laws of the State
of Texas, as fully and completely as though each such power were specifically
enumerated in this charter. The city shall not have any authority
or power that conflicts with state law. It is specifically provided
that:
(a) The
powers and authority of the city shall include but shall not be limited
to any power and authority necessary, useful or desirable to accomplish
any public or lawful purpose, or to provide for the advancement of
the interest, welfare, health, morals, comfort, safety, economic wellbeing,
or convenience of the city and its inhabitants; provided that all
such powers, whether expressed or implied, shall be exercised and
enforced in a manner that is not inconsistent with this charter or
state law, and when not prescribed herein, in such manner as is provided
by ordinance or resolution adopted by the city council.
(b) The
enumeration of particular powers in this charter shall not be held
or deemed to be exclusive, and, in addition to the powers enumerated
herein, the city shall have all other powers which, under the constitution
and laws of the State of Texas, it would be proper for this charter
to specifically enumerate, including all powers of local government
not clearly denied the city by state law. The city shall have and
may exercise all the powers conferred upon cities of every class by
the Texas Constitution or state and federal law, including all powers
of local government that can be conferred on home rule cities pursuant
to Art. 11, Sec. 5, Tex. Const., or that are conferred by any existing
or future law relating to the powers and authority of cities, together
with all the implied powers necessary to carry into execution any
such power.
(c) The
city may exercise any of its powers and perform any of its functions
by contract with, or in cooperation with, the state government or
any agency or any political subdivision thereof, or with the federal
government or any agency thereof, and, to the extent not inconsistent
with state law or this charter, by contract with any person, firm
or legal entity.
(d) Under
the name of the city it shall be known in law and have succession
and be capable of contracting and being contracted with; being sued
and impleaded as authorized in this charter or by state law; suing
and impleading at law or in equity and being answered to in all courts
and tribunals; provided that the city shall have sovereign immunity
and its officers and employees shall have qualified governmental immunity.
The officers of the city are the members of the city council, the
city manager, municipal judge, city attorney and members of all standing
boards and commissions appointed by the city council, and the department
heads and the sworn law enforcement.
(Res. No. 1126, 11/20/2018)
In addition to the foregoing general powers and the other powers
and authority set forth in this charter, the city may use a corporate
seal; own, acquire, purchase, lease, hold, manage, control, convey
and sell any character of property, whether real, personal or mixed,
including any charitable or trust fund, situated within, or without,
the limits of the city, as the purposes of the city may require for
any public purpose in fee simple or in any lesser interest or estate
by purchase, gift, devise, lease or condemnation; contract with, own,
lease, operate and regulate public utilities and services; assess,
levy and collect taxes for general and special purposes; borrow money
on the revenues and/or the faith and credit of the city, by the issuance
and sale of bonds, certificates of obligation, warrants, notes or
any other evidence of indebtedness or obligation of the city; appropriate
city funds and monies for any public purpose; regulate and control
the use, for whatever purpose, of the streets and other public places;
make and enforce regulations to protect the public safety, health,
welfare, interests, comfort and wellbeing; pass such ordinances as
may be expedient for the protection and maintenance of good government,
for the peace, safety, welfare, comfort and quality of life of the
city and its citizens, for the performance of the functions of the
city and for the order and security of the city and its residents;
zone and regulate the development and use of land and all other property;
provide suitable penalties for the violations of any ordinance; and
exercise all municipal powers, functions, rights, privileges and immunities
of every name and nature whatsoever.
The city shall have full power and right to exercise the power
of eminent domain for any public purpose or as necessary or desirable
to carry out any power conferred by this charter. The city shall have
and possess the power of condemnation for any such purpose even though
such power of eminent domain is not otherwise specifically enumerated
in this charter or in state law. The city may exercise the power of
eminent domain in any manner authorized or permitted by state law
and, in those instances in which state law does not authorize, permit
or establish the procedures, method of establishing value, or other
requirements for condemnation and the exercise of the power of eminent
domain, the city council shall by ordinance establish the process,
rules and procedures for valuing the property and property interests
to be condemned.
The council may by ordinance unilaterally annex or disannex
any land, property or territory upon its own initiative, or upon a
petition submitted by a majority of the voters residing within the
territory being annexed or disannexed, upon petition by the owners
of property, or upon a petition signed by a majority of the property
owners in a platted subdivision, as authorized by applicable law.
The council may disannex or release extraterritorial jurisdiction
when in the best interest of the city. The procedure for the establishment,
modification or extension of the city boundaries, and the annexation
or disannexation of territory, will be applied in a manner consistent
with applicable State law. Absent procedures being established by
State law, prior to exercising said rights to annex or disannex territory,
one public hearing will be held at least ten (10) but not more than
twenty (20) days after notice of such public hearings are published
in a newspaper of general circulation throughout the city. Additionally,
notices will appear in any official means of public dissemination
established by the City Council. Upon final passage of an ordinance,
fixing, establishing or modifying the boundaries of the city, or annexing
or disannexing any property by any method prescribed herein, the boundaries
of the city shall be so extended or modified as provided in such ordinance.
Upon an ordinance annexing property into the city, the territory described
in the ordinance shall become a part of the city, and the said land
and its residents and future residents shall be bound by the acts,
ordinances, codes, resolutions and regulations of the city.
(Charter 2020-1202, 11/3/2020)
The city shall have exclusive dominion, control, and jurisdiction,
in, upon, over, and under the public streets, sidewalks, alleys, highways,
public squares, public ways and public property within the corporate
limits of the city. With respect to all such facilities and public
property, the city shall have the power to establish, maintain, alter,
abandon, or vacate the same; 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. The city may develop
and improve, or cause to be developed and improved, any and all public
streets, sidewalks, alleys, highways, and other public ways within
the city by laying out, opening, narrowing, widening, straightening,
extending and establishing building lines along the same; by purchasing,
condemning, and taking property therefor; by filling, grading, raising,
lowering, paving, repaving, and repairing, in a permanent manner,
the same; by constructing, reconstructing, altering, repairing, and
realigning curbs, gutters, drains, sidewalks, culverts, and other
appurtenances and incidentals in connection with such development
and improvements; and may make or cause to be made any one or more
of the kinds or classes of development and improvement authorized
hereinabove, or any combination or parts thereof.