ARTICLE I & II

ARTICLE I Incorporation and Form of Government

Section 1.01    Incorporation

         The inhabitants of The Town of Horizon City, El Paso County, Texas, residing within the corporate limits as now established or as hereafter established, shall continue to be a municipal body, politic and corporate in perpetuity under the name “Town of Horizon City,” hereinafter referred to as the City.

Section 1.02    Form of Government

         The municipal government provided by this Charter is the “Mayor-Council” form of government. All powers of the City shall be vested in an elective body, hereinafter referred to as the “City Council” or “Council,” and further described in Article III of this Charter. The City Council shall exercise the powers described herein, subject only to the limitations imposed by the Constitution and laws of the State of Texas.

Section 1.03    Boundaries

         The boundaries of the City at the time this Charter is adopted are those that have previously been legally established. The boundaries may be changed either through annexation or de-annexation as described in Article II, Sections 2.03 through 2.05 of this Charter.

 

ARTICLE II Powers of the City

Section 2.01    General Powers

         (A)          The City shall have all powers, except as limited by this Charter, granted to municipal corporations and to cities under a home-rule Charter by the Constitution and laws of the State of Texas, together with all the implied powers necessary to carry into execution all the powers granted.

         (B)          The following particular powers are examples of the powers possessed by the City:

                        (1)     to acquire property by purchase, gift, devise, lease, condemnation, or annexation;

                        (2)     to sell, lease, mortgage, and control such property as its interests may require;

                        (3)     to sue and be sued;

                        (4)     to regulate, develop, and improve streets and public property;

                        (5)     to provide, by ordinance, land use and development regulations to include but not limited to: zoning and subdivision regulations, alleviation or prevention of slums and other conditions of deterioration, and achievement of the most appropriate use of land resources.

         (C)          The enumeration of particular powers by this Charter shall not be judged to be exclusive, and, in addition to any powers enumerated or implied herein, it is intended that the City shall have and may exercise all the powers which it would be competent for this Charter to enumerate specifically.

Section 2.02    Eminent Domain

         The City shall have the full power to exercise the right of eminent domain, when shown to be necessary to the conduct of public affairs, within the authority and scope conferred by this Charter or by the Constitution and laws of the State of Texas. Such authority shall include the obligation to pay adequate compensation and the right to take the fee in land so condemned and to institute-condemnation proceedings for municipal or public purposes even though not specifically enumerated herein.

Section 2.03    Alteration and Extensions of Boundaries

         The City shall have the power to provide for the alteration and extension of its boundaries, and to annex or detach territories pursuant to the authority conferred by the Constitution and laws of the State of Texas. Annexation is restricted to the area adjacent to the City and within the City’s extra-territorial jurisdiction, except where the City owns the area to be annexed. Annexation may be initiated by either of the following methods:

         (A)          by petition of a majority of the qualified voters who are inhabitants of an area defined by the City Council, or if there are no qualified voters who are inhabitants of the area, by petitions of persons owning a majority of the land in the area; or

         (B)          by action of the City Council, with or without the consent of the inhabitants or owners of the territory to be annexed.

Section 2.04    Annexation Procedures

         (A)          When annexation is by petition as described in Paragraph 2.03 (A), the City must prepare a service plan for providing for the extension of City services to the area to be annexed. The City Council may accept the petition and proceed with annexation proceedings as described below, or they may reject the petition. (Amended 5/17/05)

         (B)          When annexation is by action of the City Council as described in Paragraph 2.03 (B), the City must prepare a service plan providing for extension of City services to the area to be annexed. The service plan must include a program to provide the following services within thirty (30) days after the effective date of the annexation:

                        (1)        police protection;

                        (2)        maintenance of existing roads and streets;

                        (3)        maintenance of any other existing publicly owned facilities.

         (C)          The City Council may conduct at least two (2) public hearings, one of which must be held in the area proposed for annexation, in conformance with State law.

 

Section 2.05    De-Annexation

         (A)          If the City fails to provide the services specified in the service plan within the time period specified in the service plan or required by State law, a majority of the qualified voters residing within the annexed area may petition the Council to be de-annexed.

         (B)          If the petition is refused by the Council or not acted upon within sixty (60) days the petitioners may file suit for de-annexation in the District Court.

         (C)          The City Council may, by ordinance, de-annex territory within the City. Any territory so detached shall be liable for its prorate share of any debts incurred while it was part of the City, and the City shall continue to levy and collect taxes on the property until such indebtedness has been discharged. De-Annexation actions are subject only to such procedural rules as may be prescribed by State law.