City of Sweeny, Texas

CITY CHARTER

 


ARTICLE I.  INCORPORATION, FORM OF GOVERNMENT, AND POWERS

Sec. 1.01. Incorporation.

The inhabitants of the City of Sweeny, Brazoria County, Texas, residing within its corporate limits as heretofore or hereafter established, are hereby constituted and shall continue to be municipal body politic and corporate in perpetuity under the name of the "City of Sweeny," hereinafter referred to as the "City," with such powers, privileges, rights, duties, and immunities as are herein provided.

Sec. 1.02. General Powers.

The City shall have the powers granted to cities by the Constitution and Laws of the State of Texas, together with all of the implied powers necessary to carry into execution such granted powers. The City 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 with the federal government or agency thereof 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 purpose 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 and the Constitution and Laws of the State of Texas, may sell, lease, mortgage, hold, manage, improve, 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. The powers hereby conferred upon the City shall include, but are not restricted to, the powers conferred upon home rule municipalities by acts of the Legislature of the State of Texas, as heretofore or hereafter enumerated, all of which are hereby adopted. In addition to the powers enumerated herein and subject only to the limitations imposed by the Constitution and Laws of the State of Texas and by this Charter, the City shall have, without the necessity of expressed enumeration in this Charter, each and every power which by virtue of Article XI, Section V, of the Constitution of the State of Texas, the people of the City are empowered by election to grant or to confer upon the City by expressly and specifically granting and enumerating the same herein. All such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this Charter, or when not prescribed herein, in such manner as shall be provided by ordinance of the City Council.

Sec. 1.03. Form of Government.

The municipal government provided by this Charter shall be, and shall be known as, a "City Council-Manager" form of government. Pursuant to the provisions of, and subject only to the limitations imposed by the Constitution and Laws of the State of Texas and by this Charter, all powers of the City shall be vested in and exercised by an elective City Council, hereinafter referred to as the "City Council," which shall enact ordinances, adopt budgets, determine policies, appoint the City Manager, and execute such other powers and duties as may be prescribed by this Charter or Law.

Sec. 1.04. Streets and Public Property.

The City shall have exclusive dominion, control, and jurisdiction in, upon, over, and under the public streets, sidewalks, alleys, 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, 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 thereon.

Sec. 1.05. Street Development and Improvement.

The City shall have the power to develop or improve, or cause to be developed or improved, any and all public streets, sidewalks, alleys, highways and other public ways within the corporate limits of the City by laying out, opening, narrowing, widening, straightening, extending, lighting, or establishing building lines along the same; by purchasing, condemning, and taking property therefor; by filling, grading, raising, lowering, paving, repaving or repairing the same in a permanent manner, and by constructing, reconstructing, altering, repairing, or realigning curbs, gutters, drains, sidewalks, culverts, and other appurtenances and incidentals in connection with such development or improvement herein authorized, or any combination or part thereof. The cost of such development or improvement may be paid partly or entirely by assessments levied as a lien against the properties abutting thereon and against the owners thereof, and such assessments may be levied in any amount and under any procedure not prohibited by the Laws of the State of Texas; provided, that no assessment shall be made against such land or owners in excess of the enhancement in value of such property occasioned by such improvement.

If improvements be ordered constructed in any part of any such area used or occupied by the tracks or facilities of any railway or public utility, the City Council shall have the power to assess the whole cost of improvements in such area and the added costs of improvements in areas adjacent thereto made necessary by such use or occupancy against such railways or public utility, and shall have power by ordinance to provide for the enforcement of such assessment.

Sec. 1.06. Change of Boundaries and Annexation of Territory.

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 boundary limits, the annexation of additional territory lying adjacent to the City, and the detachment or disannexation of territory, with or without the consent of the owners and inhabitants of the territory annexed, detached, or disannexed, in any manner not inconsistent with applicable procedural rules prescribed by Law. Upon final passage of any ordinance annexing territory, the corporate limits of the City shall thereafter include the territory annexed; and when any additional territory has been annexed, the same shall be a part of the City and the property situated therein shall be subject to taxes levied by the City; and the inhabitants thereof shall be entitled to all of the rights and privileges of all citizens, and shall be bound by this Charter and the ordinances, resolutions, rules and regulations of the City. Upon the final passage of any ordinance detaching or disannexing territory from the City, the corporate limits of the City shall be reduced by the territory detached or disannexed.