The City of Harlingen shall have the power and authority to
acquire, by purchase, gift, devise, condemnation or otherwise, any
character of property, including any charitable or trust fund.
All real estate owned in fee simple title or held by lease,
sufferance, easement or otherwise, all public buildings, fire stations,
parks, public squares, streets, alleys and all property of whatever
kind, character or description, whether real or personal, which has
been granted, donated, purchased or otherwise acquired by the City
of Harlingen, through any means or agency, and all causes of action,
rights and privileges of every kind and character, and all property
of whatsoever character and description which may have been held or
is now held, controlled or used by the City of Harlingen for public
ways or in trust for the public shall vest in and remain in and inure
to the corporation of the City of Harlingen by the legal adoption
of this Charter.
(Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)
No public property or any other character of property owned
or held by the City shall be subject to any execution of any kind
or nature.
(Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)
The City shall have the right of eminent domain and the power
to appropriate private property for public purposes whenever the governing
authority shall deem it necessary; and to take any private property,
within or without the City limits, for any of the following purposes:
City halls, police stations, jails, calabooses, fire stations and
fire alarm systems, libraries, hospitals, sanitariums, auditoriums,
market houses, butcher shops or meatpacking facilities, reformatories,
abattoirs, streets, alleys, parks, highways, playgrounds, sewer systems,
storm sewers, sewage disposal plants, filtering beds and emptying
grounds for sewer systems, drainages, drainage water, water supply
sources, wells, water and electric light and power systems, street
car systems, telephone and telegraph systems, gas plants or gas systems,
cemeteries, crematories, prison farms, pest houses, and to acquire
lands, within or without the City, for any other municipal purpose
that may be deemed advisable. That the power herein granted for the
purpose of acquiring private property shall include the power of improvements
and enlargements of waterworks, including water supply, riparian rights,
standpipes, filtration plants, watersheds, and the construction of
supply reservoirs. That in all cases wherein the City exercises the
power of eminent domain, it shall be controlled, as nearly as practicable,
by the laws governing the condemnation of property by railroad corporations
in this State; the City taking the position of the railroad corporation
in any such case.
(Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006; Resolution 06R-19, adopted 5/17/2006; Resolution 2024-57 adopted 11/14/2024)
All contracts for public printing, public improvements, public
work and the purchase of supplies or other personal property, for
use in any department of the City, exceeding the maximum expenditure
allowed by state law shall be let on sealed competitive bids after
advertisement by publication thereof at least once in some newspaper
published in the city, the first publication of such advertisement
to be at least ten (10) days before such contract be let. The City
Commission may permit or require proposals to be filed for doing such
work, or furnishing alternative materials, plans, specifications or
methods as adopted by the City or submitted by bidders with their
bids. The City Commission may reject all bids or select and adopt
a bid and let the work to, or purchase the supplies in question from,
the lowest bidder whose bid, in the opinion of the City Commission,
is most advantageous to the city. All purchases or contracts for public
printing, public improvements, public work or supplies or other personal
property for the use in any department of the City of less than the
amount allowed by state law shall be competitive and shall be purchased
or let at the discretion of the City Manager.
No member of the City Commission, or any other officer or employee
of the corporation, shall be directly or indirectly interested in
any work, business or contract, the expense, price or consideration
of which is paid, in whole or in part, from City funds, or by an assessment
levied by an ordinance or resolution of the City Commission, nor be
the surety of any person having a contract, work or business with
the City, for the performing of which security may be required. Any
contract which violates the foregoing provision shall be void, and
no legal right or advantage shall ever be acquired by any person by
reason of any act or thing done in violation of this Charter. Any
member of the City Commission or other office of the corporation,
who knowingly shall be or become interested in any work, business
or contract in violation of this section, shall immediately forfeit
the office.
(Ordinance 73-30, adopted 11/7/1973; Resolution 79-R-7, adopted 2/24/1979; Ordinance 82-97, Amend. No. 4, adopted 1/15/1983; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)