§ 1.06. Powers enumerated.

For greater certainty, the following are hereby especially enumerated and referred to as being among the other powers which are hereby conferred upon and which may be exercised by the City of Peñitas, to-wit:

(a)

The city council shall have the power by ordinance to provide for the alteration and extension of boundary limits, and the annexation of territory lying adjacent to the city, with or without the consent of the inhabitants of the territory annexed. Upon the introduction of any such ordinance to the city council, such ordinance shall be published one time in the official newspaper of the City of Peñitas. Amendments may later be incorporated into the proposed ordinance by a vote of the city council and publication one time in the official newspaper of the City of Peñitas. The proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at least 30 days after the publication thereof; and upon the final passage of any such ordinance, or any amendment thereto, the boundary limits of the city shall thereafter be as fixed thereby. When any additional territory has been so annexed, same shall be a part of the City of Peñitas, and the property situated therein shall be subject to and shall bear its pro rata part of the taxes levied by the city, and the inhabitants thereof shall be entitled to and shall possess all the rights and privileges of the citizens of the City of Peñitas, and shall be under obligations as such citizens.

(b)

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, or a majority of the landowners in the annexed area may petition the city council to be de-annexed as laid out in chapter, 43, Texas Local Government Code and any other applicable state law. If the petition is refused by the city council, or not acted upon within 60 days, the petitioners may file suit for de-annexation in the district court. The petition for de-annexation shall meet the requirements as laid out under the chapter 43, Texas Local Government Code and any other applicable state law. The city council may, by ordinance, de-annex territory within the city. Any territory so detached shall be liable for its pro rata share of any debts incurred while it was a 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 and regulations as prescribed by chapter 43, Texas Local Government Code, and any other applicable state statute.

(c)

All of the powers conferred upon cities and towns by either the Local Government Code, article XI, section 5, of the Constitution of the State of Texas, all the laws of the State of Texas, the Constitution of [Texas, and the laws of the United States, except as may hereafter be denied, limited or extended, are hereby conferred upon the City of Peñitas as fully and completely as if such powers were herein separately enumerated.

(d)

The City of Peñitas shall have and may exercise all the powers granted to cities by the constitution or laws of Texas including specifically those powers made available to cities of more than 5,000 inhabitants by what is known as the Home Rule Amendment to the Constitution of Texas (article XI, section 5 and the Home Rule Enabling Act (Vernon's Texas Codes Annotated, Texas Local Government Code section 5.004, chapter 9, chapter 26, and subchapter E of chapter 51), as these laws now read or may hereafter be amended. The city may acquire property within or without its corporate limits for any municipal purpose; may cooperate with the government of Texas or any agency thereof, or with the federal government or any agency thereof, or with the government of any county, city, or political subdivision to accomplish any lawful purpose for the advancement of the health, morals, safety, convenience, or welfare of the city or its inhabitants; may sell, lease, mortgage, hold, manage, and control such property as its interest may require; provided the city shall not sell, convey, lease, mortgage, or otherwise alienate the entire assets of any public utility system or any portion thereof essential to continued effective utility service without the prior approval by a majority of the qualified voters of the city who vote at an election held for this purpose; and may exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or the constitution or laws of Texas. The enumeration of particular powers in this Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the city shall have and may exercise all other powers which under the constitution and general laws of this state it would be competent for this Charter to specifically enumerate.

(e)

Such powers are hereby conferred upon the City of Peñitas as fully and completely as if each of said mentioned powers were herein separately enumerated; but enumeration of special powers herein, or in the statu[t]es referred shall not be held or construed to preclude the city from exercising all powers of local government not inhibited by the constitution and laws of the State of Texas, or by special limitations in this Charter contained, the purpose of this Charter being to enlarge upon the power extended by the general laws of cities incorporated thereunder, and to secure to the City of Peñitas, all the powers conferred by the constitution and laws of this state upon cities having more than 5,000 inhabitants.