§ 3.07. Powers and limitations of the city council.  


Latest version.
  • (a)

    All powers and authority which are expressly or impliedly conferred on or possessed by the city shall be vested in and exercised by the council.

    (b)

    The council shall have no power to, and shall not:

    (1)

    Sell, convey, lease, mortgage or otherwise alienate any land which is now, or shall hereafter be, dedicated for park purposes, unless the qualified voters of the city shall authorize such act by adopting in a general or special election a proposition submitting the question and setting forth the terms and conditions under which such sale, conveyance, lease, mortgage or other alienation is to be made; provided, that the city council may, after a public hearing, authorize a lease of park property to another governmental entity or to a non-profit corporation or association for a term of up to three years if the council determines that the lease will further the use of the property for park purposes.

    (2)

    Sell, convey, or lease all or any substantial part of the facilities of any municipally owned public utility, provided that the council may lease all or a substantial part of such facilities to any public agency of the State of Texas if the qualified voters of the city authorize such lease by adopting in a general or special election a proposition submitting the question and setting forth the terms and conditions under which such lease is to be made.

    (3)

    Accept or admit liability in, or pay, any claim for damages asserted against the city, without first obtaining a written opinion from the city attorney regarding the city's liability therein.

    (c)

    The council will have the authority to approve the conveyance of land, right-of-way and easements owned by the city. Any such approval will be in the form of an ordinance, and no such ordinance may be adopted as an emergency measure.

(Ord. No. 1994-16, Prop. 2, 3-22-94/5-7-94; Ord. No. 2000-12, Prop. 5, 2-14-00/5-6-00; Ord. No. 2000-40, Prop. 5, 5-9-00/5-6-00)

State law reference

Municipal home rule powers, Texas Const., art. 16, § 5; V.T.C.A., Local Government Code, §§ 26.001 et seq., 51.001, 51.071 et seq.