Texas Constitution talk:Article XI, Section 5: Difference between revisions

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In re Mayor of New York, 246 N.Y. 72, 76 (1927) (author: Cardozo, C.J.) ("Home Rule for cities, adopted by the people with much ado and after many years of agitation, will be another Statute of Uses, a form of words and little else, if the courts in applying, the [new constitutional standard regarding the validity of local and special laws] shall ignore the new spirit that dictated their adoption. The municipality is to be protected in its autonomy against the inroads of evasion.")


Article 11, Section 5 of the State Constitution, Vernon's Ann. St. confers upon cities of over 5,000 inhabitants the power to adopt or amend their charters subject to such limitations as may be prescribed by the Legislature. Among the enumerated powers granted to these cities by the Legislature is 'The power to fix the boundary limits of said city, to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said city, according to such rules as may be provided by said charter.' Vernon's Ann.Civ.Stat., art. 1175, subd. 2. The only limitation fixed by the Legislature on the power of a city to annex additional territory is that the territory shall be adjacent to the city and not included within the boundaries of any other municipality. City of Houston v. State ex rel. City of West University Place, 142 Tex. 190, 176 S.W.2d 928.
Article 11, Section 5 of the State Constitution, Vernon's Ann. St. confers upon cities of over 5,000 inhabitants the power to adopt or amend their charters subject to such limitations as may be prescribed by the Legislature. Among the enumerated powers granted to these cities by the Legislature is 'The power to fix the boundary limits of said city, to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said city, according to such rules as may be provided by said charter.' Vernon's Ann.Civ.Stat., art. 1175, subd. 2. The only limitation fixed by the Legislature on the power of a city to annex additional territory is that the territory shall be adjacent to the city and not included within the boundaries of any other municipality. City of Houston v. State ex rel. City of West University Place, 142 Tex. 190, 176 S.W.2d 928.