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PART[ -CHARTER
<br />CHARTER COMPARATIVE TABLE
<br />b. Enumerated powers. Without limitation of the foregoing powers, the following are enumerated for
<br />greater certainty:
<br />1. Eminent domain. The city shall have the full power and right to exercise the power of eminent
<br />domain when necessary or desirable to carry out any of the powers conferred upon it by this
<br />Charter or by the Constitution and laws of the State of Texas. This power shall include the power
<br />to acquire any public utility operating with or without a franchise and furnishing a public service.
<br />The city may exercise its condemnation power in any manner authorized or permitted by the
<br />constitution and laws of this state. The power of eminent domain hereby conferred shall include
<br />the right of the city to take fee -simple title in land so condemned and such power and authority
<br />shall include the right to condemn property for such purposes. The city shall have and possess the
<br />power of condemnation for any municipal or public purposes even though not specifically
<br />enumerated in this Charter.
<br />2. Streets.
<br />(a) Powers. The city shall have the power to lay out, establish, open, alter, widen, lower,
<br />extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and
<br />improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate
<br />the use thereof and require the removal from streets, sidewalks, alleys and other public
<br />property or places of all obstructions and all vendors, showcases and encroachments of
<br />every nature or character upon any of said streets and sidewalks.
<br />(b) Improvements. The city shall have exclusive dominion, control and jurisdiction in, upon
<br />and over and under the public streets, avenues, alleys and highways of the city, and may
<br />provide for the improvement thereof of paving, repaving, raising, draining or otherwise. The
<br />provisions of V.T.C.A., Transportation Code § 313.001 et seq. are expressly adopted and
<br />made a part of this Charter. Such exclusive dominion, control and jurisdiction in, upon, over
<br />and under the public streets, avenues, alleys and highways of the city shall also include, but
<br />not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all
<br />utility pipes, lines, wires or other property.
<br />3. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system
<br />and to require property owners to connect their premises with such sewer system, to provide for
<br />fixing penalties for failure to make sanitary sewer connections; and shall further have the right to
<br />fix charges and compensation to be charged by the city for sewerage service, providing rules and
<br />regulations for the collection thereof, and to provide for rendering a lien against any property
<br />owner's premises who fails or refuses to make sanitary sewer connections after due notice and to
<br />charge a cost against said owner and make it a personal liability.
<br />4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and regulations
<br />for the handling and disposition of all garbage, trash and rubbish within the city and shall fix
<br />charges and compensation to be charged by the city for the removal of garbage, trash and
<br />rubbish, providing rules and regulations of the collection thereof.
<br />5. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the same
<br />within the city and outside the city limits for a distance of five thousand (5,000) feet; have power to
<br />police all parks or grounds, speedways, or boulevards owned by said city and lying outside of said
<br />city, to prohibit the pollution of any stream, drain or tributaries thereof, which may constitute the
<br />source of water supply of any city and to provide for policing the same as well as to provide for the
<br />La Porte, Texas, Code of Ordinances
<br />Page 3 of 32
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