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The City shall have all 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 any political subdivision thereof; or with the federal government or any 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, may sell, lease, mortgage, hold, manage, improve, and control such property as may now or hereafter be owned by it; my exercise the power of eminent domain when necessary or desirable to carry out any of its powers; may pass ordinances and enact such regulations as my be expedient for the maintenance of 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 expressly and permissively by Chapter 147, page 307, of the Acts of the 33rd Legislature, Regular Session enacted in 1913 pursuant to the Home Rule Amendment of the Constitution of Texas, known as the Enabling Act and including Articles, 1175, 1176, 1177, 1178, and 1180 of Vernon's Annotated Civil Statutes of Texas, as now or hereafter amended, all of which are hereby adopted. In addition to the powers enumerated herein, and subject only to the limitations imposed by the State Constitution, the state laws, and this Charter, the city shall have without the necessity of express enumerated in this Charter, each and every power which, by virtue of Article XI, Section 5 of the Constitution of Texas, the people of the city are empowered by election to grant to or confer upon the city by expressly and specifically granting and enumerating the same herein. The city council may by ordinance annex territory lying adjacent to the city with or without the consent of the inhabitants in such territory of the owners thereof, not inconsistent with the procedural rules prescribed by law applicable to the citizens operating under charter adopted or amended under Article XI, Section 5 of the Constitution of the State of Texas. All such powers, whether expressed or implied, shall be exercised and enforced in the same manner prescribed by this Charter; or when not prescribed herein, in such manner as shall be provided by ordinance or the council. The City has the power to spend taxpayer money to construct and maintain streets, roads, highways, bike trails, sidewalks and mass transit facilities, except that no taxpayer money may be spent on or contractually pledged to any passenger train project unless a public bus line shall have first demonstrated a need for train service by having 500 intercity boardings in Elgin per weekday, averaged over three months, connecting to the City of Austin. |
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( Election, May 9, 2015 ) |