§ 3. Powers of city.

Par. 1. General powers. The city may sue and be sued, plead and be impleaded in all courts, have a corporate seal, contract and be contracted with, ordain and establish such acts and regulations and ordinances not inconsistent with the constitution and laws of this state and this Charter as shall be needed for the government, interest, welfare and good order of the city and the interest, welfare, health, morals, comfort, safety and convenience of its inhabitants; the city may purchase, take, hold, acquire and convey, lease, mortgage and dispose of any property whatever within the city limits. The city may acquire necessary property for sewer, sanitary, cemetery, waterworks, gas, electric light and power, and any other corporate purposes by purchase, condemnation or other means within or without the city limits, and may lease, convey and alienate the same. Except as prohibited by the constitution and laws of Texas or as restricted by this Charter, the city shall have all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever, now or hereafter granted by the constitution and laws of Texas, including without limitation the powers conferred expressly and permissively by laws passed pursuant to the Texas Home rule Amendment, as now or hereafter amended, all of which are hereby adopted. The council is expressly authorized to adopt any rule or regulation deemed necessary, advisable or convenient for the purpose of exercising any power expressly or permissively conferred by such act. The city shall have the powers conferred by the provisions of legislation passed by the State Legislature, as now or hereafter amended, which Act is hereby adopted.

Par. 2. Annexation. The city shall have the power, by ordinance, to fix and change the bounds and limits of the city and to provide for the extension of the said bounds and limits and the annexation of additional territory lying adjacent to the city with or without the consent of the territory and the inhabitants thereof annexed; provided, however, that such an ordinance, or any amendment thereto, shall be published one time, prior to passage, in some daily newspaper published in the city and such ordinance shall not be passed until at least thirty days have elapsed after publication. The city shall have power to annex additional territory, lying adjacent to the city, and the inhabitants thereof, as may be authorized by, and in the manner and form prescribed by any general law of Texas.

Par. 3. Cooperation with state and federal governments. The city may cooperate and contract with the government of the State of Texas or any agency or political subdivision thereof, and with the government of the United States of America, or any agency or department thereof, to accomplish any lawful purpose for the interest, welfare, health, morals, comfort, safety and convenience of the city or its inhabitants.

Par. 4. Eminent domain. The city shall have the power of eminent domain where necessary or desirable to execute any power conferred upon it by this Charter, or by the constitution or laws of Texas and may condemn either private or public property whether in or out of the corporate limits of the city for such purposes, upon payment of fair compensation for the property taken. Such power may be exercised in any manner authorized by the constitution or laws of Texas, or as may be prescribed by ordinance. The city may condemn the fee or any lesser interest in the property taken, and may condemn for any public purpose whether specifically stated herein or not.

Par. 5. Urban redevelopment. The city may adopt, modify and carry out plans for the clearance and redevelopment of slum districts or blighted areas within the city, as such districts or areas may be defined by ordinance as to character, nature, location and extent. For the accomplishment of these public purposes, which may be further defined by ordinance, the city may acquire by purchase or by condemnation all privately owned land, buildings and other property interests within such districts or areas. The city may establish, locate, relocate, build and improve any streets or other public open spaces provided for in any plan so adopted. Pending the final clearance and redevelopment of such district or area, the city may maintain, lease or sell any buildings or other improvements thus acquired. The city may sell the land, or any part thereof in such districts or areas, which is designated for private or public buildings or for private open spaces upon such terms, covenants and conditions and subject to such restrictions, excluding rent control by the city, as to building uses and open spaces, as will substantially carry out the plans adopted by the city for the clearance and redevelopment of such districts or areas; provided, however, that land so disposed of shall contain a covenant which shall run with such land precluding its sale to or use by any public housing agency. Before any plan is finally adopted by the city, a public hearing shall be held thereon by the council, and, thirty days prior to such hearing, notice of its time and place shall be published one time in a newspaper published in the city and shall be sent by mail to the record owners of the property interests included within the district or area covered by any plan.

Par. 6. Fiscal powers. The city shall have the power to:

(1)

Assess, levy and collect taxes for general and special purposes on all lawful subjects of taxation in accordance with the laws of Texas and this Charter.

(2)

Provide for the payment of the current expenses and of the debts of the city.

(3)

Borrow money on the faith and credit of the city by the issue or sale of bonds or notes of the city.

(4)

Borrow money on the faith and credit of any improvement district heretofore or hereafter established in the city by the council, and issue bonds therefor for permanent public improvements in such districts.

(5)

Levy and collect special assessments for local improvements.

(6)

Levy an occupation tax on any person, corporation, partnership, engaged in any business, occupation or calling in accordance with the laws of Texas.

(7)

Levy an annual tax and appropriate funds for the purpose of advertising the city in order to increase its growth, improve the same and benefit its inhabitants.

Par. 7. Street powers. The City of San Antonio shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and encroachments of every nature or character thereon.

Par. 8. Street improvements. The city shall have exclusive dominion, control and jurisdiction in, upon, and over and under the public streets, avenues, alleys, highways, and public ways of the city, and may provide for the improvement thereof by paving, re-paving, raising, draining, or otherwise. The provisions, without limitations, of laws providing for assessments against abutting property for street improvements are expressly adopted. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys, highways, and public ways, of the city shall also include, but not be limited to, the power to regulate, locate, remove, or prohibit the location of, all utility pipes, conduits, lines, poles, wires or other property of any public utility.

Par. 9. Zoning. For the purpose of promoting the health, safety, morals or general welfare of the city, the council may by ordinance regulate the location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, and the use of buildings, structures and land for trade, industry, business, residence or other purposes. Such ordinances may provide that the zoning board of adjustment may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the zoning board of adjustment may authorize variances from the strict application of the regulations in such cases and subject to such limitations as may be set forth in ordinance. All of the powers granted by state zoning enabling laws now existing or hereafter enacted, are hereby adopted.

Par. 10. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system; to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sewerage service and make rules and regulations for the collection thereof.

Par. 11. Garbage disposal. The city shall have the right by ordinance to adopt and prescribe rules and regulations for the handling, collection and disposition of all garbage, trash and rubbish within the city and to fix and collect charges for the removal thereof.

Par. 12. Public assistance. The city may appropriate its funds, in the exercise of a governmental function, for the assistance of needy persons to provide for them the basic necessities of life in accordance with categories of such persons as may be defined by ordinance.

Par. 13. Other powers. The city shall have power to:

(1)

Provide for, acquire, construct, regulate, protect and maintain public buildings, works, improvements, parks, gardens, and recreational facilities of any nature.

(2)

License and regulate persons, corporations, partnerships and associations engaged in any business, occupation or calling.

(3)

License and regulate vehicles operated for hire and fix and regulate the rates to be charged therefor.

(4)

License and regulate all places of public amusement.

(5)

Define and prohibit the maintenance of any nuisance within the corporate limits of the city and within the territory outside of the corporate limits of the city which is within five thousand feet of the said corporate limits, and abate such nuisances by summary proceedings and provide for the punishment of the authors thereof.

(6)

Define, prohibit, abate, suppress and prevent all things or any acts detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city.

(7)

Regulate the construction and height of and materials used in all buildings and structures within the city, and provide for their inspection and make, prosecute, and enforce regulations governing same.

(8)

Regulate the maintenance and use of all buildings and structures in the city.

(9)

Fix standards of weights and measures and provide for their inspection.

(10)

Regulate the filing of plats of any subdivision of property in or out of the city in accordance with the laws of Texas or as may be prescribed by ordinance; and to require that streets, sidewalks, curbs, street signs, utilities and public open spaces of all subdivisions to be established shall be designed, constructed and installed in accordance with standards established by the city.

(11)

Compel the laying of sidewalks by property owners in front of or abutting their land, in accordance with specifications prescribed by the city; and compel the repair of such sidewalks in like manner.

(12)

Direct and control the laying of all tracks required for public transportation on any street, alley, public way or public place in the city.

(13)

Regulate the sale of tickets or issuance of passes or other evidences of the right to travel on any public transportation system using the streets, alleys, public ways or public places of the city.

(14)

Provide for a license fee on animals and regulate, restrain and prohibit the running at large or keeping of animals and fowls in the city.

(15)

Provide for the regulation and inspection of all bakeries and dairies in the city, and of all bakeries and dairies located outside of the city from which products are sold in the city; and for the inspection of all cows from which milk is sold in the city; and prescribe fees to be charged in connection with such regulation and inspection, and prescribe standards for the quality of all bakery and dairy products sold in the city.

(16)

Provide for the inspection of meat, fish, vegetables, fruit and every or any food or food product offered for sale in the city; and provide for inspection, before slaughter, of all animals to be offered for sale in the city.

(17)

Provide for the erection and maintenance of market houses.

(18)

Establish fire zones of various classifications.

(19)

Adopt and enforce all necessary police, health and sanitary regulations.

(20)

Adopt and enforce such regulations and penal ordinances as may be necessary for maintaining and promoting the peace, lives, health, security and property of the inhabitants, for promoting the good government and welfare of the city, and for the performance of all municipal functions.

(21)

Provide suitable penalties for the violation of any regulations enacted by the city.

(22)

Exercise jurisdiction over all property owned by the city whether within or without the corporate limits of said city.

(23)

Acquire, own, operate and maintain any character of public utility, including, without limitation, water, gas, light, power, telephone, telegraph and transportation systems, by any lawful means.

Par. 14. Cumulative powers. The enumeration of particular powers and the specification of the manner of exercising the same by this Charter shall never be deemed to be exclusive nor construed as a limitation upon the general powers herein granted or upon their exercise in any other lawful manner, and in addition to the powers enumerated herein or implied thereby, or appropriate to the exercise of such powers, it is intended that the city shall have and may exercise all powers it would be competent for this Charter specifically to enumerate.

(Ord. No. 85965, § 1 (Props. 1, 2), 5-5-97)

State law reference

Powers of home rule cities generally, Vernon's Ann. Civ. St. art. 1175.