Skip to code content (skip section selection)
The City of Heath shall be a Home Rule City under the Constitution and laws of the State of Texas and shall have all powers, functions, rights, privileges and immunities of every kind and nature granted to a Home Rule City under Article XI, Section 5, of the Constitution of the State of Texas, known as the Home Rule Amendment, and all other laws passed by the Legislature of the State of Texas relating thereto, or which may hereafter be passed by said Legislature in relation to such matters including, but not limited to the following powers:
(1) To assess, levy, and collect taxes for general and special purposes on all lawful subjects of taxation.
(2) To fix and regulate the rates of gas, water, electricity, and other utilities, and to regulate and fix the fares, tolls, and charges of local telephones and exchanges, public carriers and motor vehicles where they are transporting passengers, freight or baggage, and generally to fix and regulate the rates, tolls, or charges and the kind of service of all public utilities of every kind, unless otherwise required by law.
(3) To sue and be sued, to contract and be contracted with, to buy, sell, lease, mortgage, hold, manage and control such property, as its interests require.
(4) To make and enforce all police, health, sanitary and other regulations, and pass such ordinances as may be expedient for maintaining and promoting the peace, good government and welfare of the City, for the performance of the functions thereof, for the order and security of its inhabitants, and to protect the peace, lives, health, and property of such inhabitants and to provide suitable penalties for the violation of any ordinance enacted by the City.
(5) To borrow money on the faith and credit of the City by the issue or sale of bonds, warrants, certificates of obligation, notes or other securities authorized by the laws of the State of Texas.
(6) To acquire, by purchase, gift or devise, or by the exercise of the right of condemnation, and own, in fee simple or otherwise, either public or private property located inside or outside of the corporate limits of the City. Such property may be utilized for the extension, improvement and enlargement of its waterworks system, including riparian rights, water supply reservoirs, stand pipes, watersheds, dams, the laying, building, maintenance and construction of water mains, rights-of-way in connection therewith, and the laying, erection, establishment or maintenance of any necessary appurtenance or facilities which will furnish to the inhabitants of the City an abundant supply of wholesome water; for sewerage plants and systems; rights-of-way for water and sewer lines; for parks, playgrounds, fire stations, police stations, incinerators or other garbage disposal plants; for streets, boulevards, and trails or other public ways; for municipal buildings, garages and parking facilities, for any purpose hereinabove named; for the straightening or improving of the channel of any stream, branch or drain or for any other municipal purpose.
(7) To acquire, by eminent domain and own in fee simple, the real estate, fixtures, and systems of a public utility providing retail water or wastewater service, or both, inside or outside of the City's corporate limits as the corporate limits exist upon adoption of the charter or may change. In the ordinance declaring the necessity of acquiring the utility system, the City Council shall make adequate provision for appropriating the funds for the acquisition and make reasonable assurance for the compensation of the utility’s going concern value, franchises, easements, contracts, and good will of customers. Unless otherwise provided by ordinance or statute, the eminent domain procedure as set forth in Chapter 21 of the Texas Property Code as applied to acquisition of land shall apply to the acquisition of the utility and the method of determining value and damages to the utility shall be as stated in the Texas Water Code, Section 13.255, as amended.
(8) To institute and prosecute suits without giving security therefore, and appeal from judgments of the courts without giving supersedeas or costs bonds, other bonds or security whatever.
(9) To have the exclusive right to erect, own, maintain and operate a waterworks and sanitary system for the use of said City and its inhabitants and to regulate the same, including the right to prescribe rates for water and sanitary sewer services, and to make such rules and regulations as the City Council may deem expedient. Such rules and regulations may include the power to extend water and sanitary sewer lines and assess a portion or all of the cost therefore and affix a lien against the property and the owner thereof, and do anything whatsoever necessary to operate and maintain said waterworks and to compel the owner of all property and the agents of such owner to pay all charges for water and sanitary sewer services furnished.
(10) To acquire property within or without its boundaries or within boundaries of other municipalities for any public purpose, in fee simple or lesser interest or estate, by purchase, gift, devise, lease or condemnation when necessary or desirable to carry out any of the powers conferred upon it by this Charter or by the Constitution and the laws of the State of Texas.
(11) To lay out, open, close, establish, alter, widen, lower, extend, grade, supervise, maintain, and improve streets, alleys, trails and parks, and to regulate the use thereof and to require removal of all obstructions or encroachments of every nature and character upon said public streets, sidewalks or other public property.
(12) To create offices, determine the method for selection of officers, and prescribe the qualifications, duties, and tenure of office for officers.
(13) To appropriate the money of the City for all lawful purposes to create, provide for, construct, regulate and maintain public works, public improvements of any nature, economic development and to furnish municipal services as may be provided by resolution or ordinance of the City Council, or as required by law.
(14) To alter the City’s boundaries by annexing or disannexing territory in accordance with those provisions set forth in Section 1.03, “Annexations and Disannexations,” of this Charter which is incorporated fully herein by reference.