Forms of Government and Charters of the City of Dallas (Historical)

(Historical)

(1)   Session Laws, Vol. 2, page 1399. The act establishing Dallas as county seat.

(2)   Session Laws, Vol. 4, page 361.

   (A)   Incorporation of Dallas, February 2, 1856.

   (B)   Type of government: Mayor and six aldermen, treasurer, recorder and constable, all elected for one year.

   (C)   Power to levy tax on all persons and property, but tax not to exceed one-fourth of one percent ad valorem on such property.

(3)   Session Laws, Vol. 4, page 941.

   (A)   Incorporation of Dallas under the General Incorporation Act of January 27, 1858--adopted by the people June 30, 1858.

   (B)   Type of government: Mayor and marshal, and nine aldermen, all elected for one year.

   (C)   Power to levy tax on persons and property not to exceed 50 cents on the $100 in any one year.

(4)   Session Laws, Vol. 6, page 1294.

   (A)   Incorporation of Dallas, April 20, 1871. (Reincorporation)

   (B)   Type of government: Mayor and eight aldermen, marshal and assessor and collector all elected. Aldermen term was two years; mayor, marshal and assessor and collector term was one year.

   (C)   Power to levy tax on all property in the city not to exceed four-tenths of one percent ad valorem - Section 29.

(5)   Session Laws, Vol. 8, page 485.

   (A)   Incorporation of Dallas under General Incorporation Laws March 15, 1875; adopted April 27, 1875. (Reincorporation)

   (B)   Type of government: Mayor and eight aldermen, treasurer, assessor and collector, secretary, city attorney, marshal and city engineer; two year term, but one aldermen and mayor elected annually.

   (C)   Power to levy tax not to exceed one percent provided, that by consent of two-thirds of the qualified voters the council may levy an additional tax of not exceeding one percent.

(6)   Session Laws, Vol. 8, page 1259.

   (A)   Incorporation of Dallas, August 9, 1876.

   (B)   Type of government: Mayor and two aldermen from each ward (probably still four wards thus have eight aldermen), marshal, city recorder, city secretary, treasurer, city attorney, assessor and collector and city engineer--all elected for two years.

   (C)   Power to levy tax on all real and personal property in city not to exceed 1-1/2 percent of the assessed value; provided city council could levy an additional one percent on the assessed value if a majority under Section 3 of Article 6 of the State Constitution shall have first voted in favor of such additional levy.

(7)   Charter of 1889.

   (A)   Type of government: Mayor, city judge and two aldermen from each ward to be elected biennially (12 wards), also elected tax collector, city assessor and chief of police.

   (B)   Power to levy tax not to exceed 1-1/2 percent provided, council can lay an additional one percent if authorized by two-thirds of the voters.

   (C)   Power to levy school tax aggregate not to exceed one-fourth of one percent ad valorem.

   (D)   Schools under board of directors (mayor and one member from each ward).

   (E)   SB 259 of March 13, 1889; HB 676 of March 18, 1893, and HB 339 of March 13, 1889.

(8)   Charter of 1897.

   (A)   Type of government: Mayor and one alderman from each ward, city assessor, chief of police, health officer; president and six members of the board of education--all elected for one year.

   (B)   Power to levy tax not exceeding 1-1/2 percent provided an additional one percent can be levied if authorized by two-thirds of voters.

   (C)   Power to levy school tax aggregate not to exceed one-fourth of one percent ad valorem.

(9)   Charter of 1899.

   (A)   Type of government: Mayor, one alderman from each ward and one alderman from each aldermanic district (10 wards and five aldermanic districts maximum).

   (B)   Power to levy tax not exceeding 1-1/2 percent, provided council can levy an additional one percent if authorized by two-thirds of the voters.

   (C)   Power to levy school tax aggregate not to exceed one-fourth of one percent ad valorem.

(10)   Printed Charter of 1899 with amendments down to and including 1905.

(11)   Charter of 1907.

   (A)   Type of government: Commission form, mayor and four commissioners for term of two years.

   (B)   Power to levy tax not exceeding 1-1/2 per centum of assessed value provided, can levy an additional tax of one percent or any fraction thereof if authorized by a majority of the voters.

   (C)   Power to levy school tax--one-fourth of one percent.

   (D)   President and six members of school board elected biennially.

(12)   Council-manager form of government; 1907 Charter with amendments up to and including 1927 was amended in 1931 to set up council-manager form of government. The Charter amendments of 1945, 1947, 1949, 1952, 1956, 1965, 1968, 1973, 1976, 1981, 1983, 1985, 1989 (portions precleared by the United States Justice Department), 1993, 1997, 2001, 2005, and 2014 are also included herein.

   All inhabitants of the City of Dallas, Dallas County, Texas, as the boundaries and limits of said city are herein established or may hereafter be established, shall be a body politic, incorporated under, and to be known by, the name and style of the “City of Dallas,” with such powers, rights and duties as herein provided.

   The bounds and limits of the City of Dallas shall be those as established and described in ordinances duly passed by the city council of the City of Dallas in accordance with state law. The city secretary shall at all times keep a correct and complete description with recent annexations or disannexations. (Amend. of 6-12-73, Prop. No. 1; Amend. of 4-2-83, Prop. No. 3)

   The city may from time to time alter its boundaries by annexing or disannexing any territory adjoining its present or future boundaries in any size or shape desired in any manner provided by state law. (Amend. of 11-8-05, Prop. No. 12)

      (1)   To use a corporate seal.

      (2)   To sue and be sued.

      (3)   To implead and be impleaded in all courts.

      (4)   To institute and prosecute suits without giving security therefor, and to appeal from judgments of the courts without giving supersedeas or cost bonds, other bonds or security.

      (5)   To contract and be contracted with.

      (6)   To acquire property within or without its boundaries or within the boundaries of other municipalities for any public purpose, in fee simple or lesser interest or estate, by purchase, gift, devise, lease, or condemnation; to sell, rent, lease, hold, manage, and control any property now owned by it or that it hereafter may acquire; and to construct, own, lease, operate, and regulate public utilities.

      (7)   To assess, levy, and collect taxes for general and special purposes on all lawful subjects of taxation.

      (8)   To borrow money on the faith and credit of the city by the issue or sale of bonds, warrants, or notes of the city.

      (9)   To appropriate the money of the city for all lawful purposes.

      (10)   To create, provide for, construct, regulate, and maintain public works and public improvements of any nature.

      (11)   To levy and collect assessments for local improvements.

      (12)   To levy an occupation tax on any person, occupation, calling, or business where permitted under the laws of this state.

      (13)   To license and regulate vehicles operated for hire and fix and regulate the rates to be charged for the use of such vehicles.

      (14)   To license and regulate persons, corporations, and associations engaged in any business, occupation, profession, or trade.

      (15)   To license and regulate all places of public amusement.

      (16)   To define nuisances and prohibit the maintenance of any nuisance within the corporate limits of the city to within 5,000 feet of the corporate lines, outside of the city limits, and abate such nuisances by summary proceedings and provide for the punishment of persons who create or maintain such nuisances.

      (17)   To regulate the use and speed of automobiles, motorcycles, and other motor-driven vehicles and prescribe the proper lighting of such vehicles when used at night.

      (18)   To provide for the inspection of buildings and all works of construction and prescribe and enforce proper regulations in regard thereto.

      (19)   To regulate and locate or prohibit the erection of all poles in the city and cause them to be removed or changed at any time.

      (20)   To provide for the inspection of weights and measures and fix standards of weights and measures.

      (21)   To provide for the regulation of bakeries and prescribe the weight and quality of bread manufactured or sold in the city.

      (22)   To provide for the inspection and regulation of dairies located inside the city limits or at any other place from which milk or other products are sold within the city, and for the inspection of all cows and facilities from which milk is sold in the city, and prescribe fees to be charged in connection with such inspection, and establish and maintain a standard of quality of all dairy products sold in the city.

      (23)   To regulate, restrain, or prohibit the running at large of all animals in the city, and to license animals.

      (24)   To adopt any ordinance or regulation having for its purpose the prevention of fires or the removal of fire hazards.

      (25)   To regulate burial grounds, cemeteries, and crematories and condemn and close them in the thickly settled portions of the city when public interest and public health may demand and to regulate the burial of the dead.

      (26)   To provide for a system of vital statistics.

      (27)   To define, prohibit, abate, suppress, and prevent all things detrimental to the health, morals, comfort, safety, convenience, and welfare of the inhabitants of the city.

      (28)   To regulate the construction and height of, and materials used in, all buildings and structures, and the maintenance and occupancy of buildings and structures.

      (29)   To regulate and control the use, for whatever purpose, of the streets and all other public places.

      (30)   To create, establish, abolish, and organize offices and fix the salaries, working conditions, and compensation of all officers and employees, except those set out in the Charter.

      (31)   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.

      (32)   To open, extend, straighten, widen, or alter any street, alley, avenue, boulevard, sidewalk, parkway, or public way and to close or vacate and abandon the same.

      (33)   To expend public funds for purposes of advertising and public information.

      (34)   To have the exclusive right to erect, own, maintain, and operate a waterworks and sanitary sewer system, or any part thereof, for the use of the city and its inhabitants, and to regulate such system, but shall not have the power or right to sell the waterworks system, except that excess property in the waterworks system may be sold as other property; to prescribe rates for water and sanitary sewer services furnished to the inhabitants, and to make such rules and regulations as the council may deem expedient, including the power to extend water and sanitary sewer lines and assess a portion or all of the cost therefor and affix a lien against the property and the property owner; to do anything whatsoever necessary to operate and maintain the waterworks system, and to compel the owners of all property and the agents of such owners to pay all charges for water and sanitary sewer services furnished upon such property.

      (35)   To make provision for the care and sustenance of police officers, firefighters, and other uniformed personnel of the police and fire-rescue departments who have been disabled while in the service of the city, or who, after long and continued service, become by reason of old age and infirmities incapacitated to discharge their duties, or because of longevity of service alone, and to make provision for the aid and relief of the widows, minor children, and dependents of deceased police officers, firefighters, and other uniformed personnel of the police and fire-rescue departments and may provide for the creation of a fund or funds for such purposes, from the general revenue of the city or from such other sources as may be prescribed by the council under such rules and regulations as the council may adopt, and the city may exercise all of the powers as may be conferred upon the city council by acts of the legislature of the State of Texas.

      (36)   To make provision for the care and sustenance of all of the officers and employees of the city who have been disabled while in the service of the city, or who after long and continued service, become by reason of old age and infirmities incapacitated to discharge their duties, or because of longevity of service alone, to provide for the aid and relief of the widows, minor children, and dependents of deceased officers and employees; to provide for the creation of a fund or funds for such purposes, from the general revenue of the city or from such other sources as may be prescribed by the council under such rules and regulations as the council may adopt.

      (37)   By ordinance or resolution, to provide for and construct a general storm sewer and drainage system in the city, which may be divided into public and private sewers and drains and be built, maintained, and conducted in such manner as the city council may provide. For the purpose of establishing a general storm sewer and drainage system, the city council shall have full power to change any river, creek, bayou, or other drain, or any part thereof, so as to divert the drainage thereof in accordance with a general drainage plan or any special plan providing therefor.

      (38)   To adopt rules and regulations for the civil service system.

      (39)   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; of 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 state law.

      (40)   To regulate the speed of engines, locomotives, electric railways, or other power-driven equipment operating upon tracks, rails, or defined routes, either at ground level, overhead or underground within the limits of the city, and to regulate the operation of the same so as to prohibit the blocking of intersections, streets, alleys, avenues or impeding the free flow of vehicular traffic or pedestrians.

      (41)   To contract with public service carriers, common carriers, or private carriers or with transportation authorities for the furnishing of transportation facilities within the city limits of Dallas and connecting the adjoining areas; including the joint use of publicly owned and privately owned or joint publicly owned facilities to provide an interregional transportation network, both within and without the city limits of Dallas.

      (42)   To require any and all railroad companies operating any track upon or across any public street of the city, to reduce any such track below the level of the streets intersected or occupied by any such track, or to elevate any such track above the level of the streets intersected or occupied by any such track, and to require the company or companies owning or operating any such track to provide necessary and proper crossing for the public travel at intersecting streets; all such work to be done in the manner required by the city.

      (43)   To require any holder of a franchise from the city to allow the use of its tracks, poles, underground conduits and wires by any other holder to which the city shall grant a franchise upon payment of a reasonable rental therefor to be fixed by the city council.

      (44)   To exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the State of Texas, any county of this state or any of the civil agencies thereof which have any of the municipal powers, or the United States or any agency thereof.

      (45)   To acquire, construct, or own, within or without the city, either wholly or in cooperation with any other city, county or political subdivision of the state, an airport or airports, either by purchase, donation, bequest, eminent domain or otherwise; to provide for the operation, maintenance, control and financing thereof, the same as though wholly owned by the city within its city limits.

      (46)   To acquire, by purchase, gift or devise, or by the exercise of the right of eminent domain by and through condemnation proceedings, and own, in fee simple or otherwise, either public or private property located inside or outside of the corporate limits of the city or within any county in the state, for the extension, improvement and enlargement of its waterworks system, including riparian rights, water supply reservoirs, standpipes, 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 appurtenances 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; parks, playgrounds, fire-rescue stations, police stations, airports and landing fields, burial grounds and cemeteries, incinerators or other garbage disposal plants, electric light and power plants and rights-of-way for lines in connection therewith, gas plants and rights-of-way for gas lines in connection therewith; streets, boulevards and alleys or other public ways; city jails, prison farms, city halls and other municipal buildings, municipal garages, and parking facilities, or any rights-of-way needed in connection with any property used for any purpose hereinabove named; for the straightening or improving of the channel of any stream, branch or drain and for any other municipal purpose. The procedure to be followed in any condemnation proceedings hereunder and authorized herein shall be in accordance with the provisions of the state law with reference to eminent domain. The provisions of Title 52 of the Revised Civil Statutes of Texas (1925), as amended, or as may hereafter be amended, shall apply to such proceedings, or such proceedings may be under any other state law now in existence or that hereafter may be passed governing and relating to the condemnation of land for public purposes by a city.

      (47)   To exercise all the powers conferred upon water improvement districts or water control and preservation districts under the state law as the same now exists or may hereafter be amended, providing for the exercise of the rights of eminent domain by and through condemnation proceedings. It shall also have all the powers authorized by Article 7880-126, Revised Civil Statutes of the State of Texas, as the same presently exists or may hereafter be amended, and all other powers conferred upon cities and towns in the State of Texas acting individually or jointly, in the furnishing of an adequate supply of wholesome water. It shall have authority to sell any surplus water not needed by the City of Dallas.

      (48)   To erect and establish work houses, houses of correction, or rehabilitation facilities within or without the city limits; to make all necessary rules and regulations therefor; to employ personnel necessary to manage and control the same; to assign persons confined to the city jail to any such facility so established.

      (49)   To provide a code of ethics by ordinance which shall be binding on all officers, employees, and elective and appointive officials as provided herein, setting out the acts, conduct and financial interest which shall be considered to be in conflict with the position they hold and providing the procedure for enforcing the same. This may be either in addition to, or incorporated into personnel rules and regulations as pertain to various employees.

      (50)   To adopt rules and regulations regarding campaign contributions and expenditures for city elections.

      (51)   To adopt a disaster emergency preparedness ordinance that provides for the development and adoption of a comprehensive city emergency management plan, to take effect in the event of the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause. The comprehensive city emergency management plan must ensure the continuity of governance. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. Nos. 4, 6, and 10)

   The enumeration of particular powers in the 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 laws of the State of Texas, it would be competent for the Charter specifically to enumerate. The city shall have and exercise all the powers conferred upon cities by what is known as the Home Rule Amendment to the Constitution of the State of Texas and the Enabling Act relative thereto, passed by the Thirty-third Legislature of the State of Texas, found in the published laws of said legislature, Regular Session, pages 307 to 317, and effective July 7, 1913, 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.

   At intervals of not more than 10 years (the first interval to occur not more than 10 years after adoption of this section), the Charter shall be reviewed by a commission appointed by the council. The commission shall complete the review and report to the council within one year after its appointment. Notwithstanding this section, amendments to the Charter may at any time be framed and proposed as provided by law. (Amend. of 11-8-05, Prop. No. 7)

   Except as otherwise provided by this Charter, all powers conferred on the city shall be exercised by a city council to be composed of 15 members, nominated and elected in the manner hereinafter provided unless otherwise provided by law. One member of the city council, Place 15, shall be elected by the qualified voters of the entire city and 14 members by the qualified voters residing in a particular district, Places 1 through 14 respectively, as provided in Chapter IV of this Charter. Members of council, Places 1 through 14, shall each be elected for a term of two years and member of council, Place 15, shall be elected for a term of four years. The city council members so elected shall take office on the first Monday following the 30th calendar day after the final canvass of the general election, and they shall serve until their respective successors have been elected and qualified. (Amend. of 4-3-76, Prop. No. 1; Amend. of 8-12-89, Prop. No. 1; Amend. of 5-1-93, Prop. No. 1; Amend. of 5-3-97, Prop. No. 7; Amend. of 11-8-05, Prop. No. 6)

   (a)   The person elected as member of council, Place 15, shall be the presiding officer of the city council and the mayor of the City of Dallas. The mayor shall have a vote on all matters coming before the city council, other than confirmation of appointments by the mayor, unless otherwise disqualified, but no power to veto. The mayor shall be the official head of the city government.

   (b)   In addition to the mayor’s other duties, the mayor shall ensure that annual reports are made as to the state of the city, its financial condition, its accomplishments, and its plan and needs for the future. (Amend. of 4-3-76, Prop. No. 2; Amend. of 8-12-89, Prop. No. 1)

   Each member of the city council shall, in addition to the other qualifications prescribed by law, be at the date of election a qualified voter of the city, and shall not be in arrears in the payment of any taxes or other liabilities due the city. (Amend. of 11-8-05, Prop. No. 13)

   (a)   A person who has served as a member of the city council other than Place 15 for four consecutive two-year terms shall not again be eligible to become a candidate for, or to serve in, any place on the city council except Place 15 until at least one term has elapsed.

   (b)   A person who has served two consecutive terms as a member of the city council, Place 15, shall not again be eligible to become a candidate for, or to serve in, Place 15 on the city council until at least one term for Place 15 has elapsed.

   (c)   A “term” as used in Subsection (a) shall include any period of service during a city council term when that period is in excess of one year, including a term from which the member resigned.

   (d)   For the purpose of limiting terms under Subsection (b), a term includes a period of time less than four years when the period of service by a mayor during a term is in excess of 731 days. (Amend. of 1-17-81, Prop. No. 2; Amend. of 8-12-89, Prop. No. 1)

   (a)   Effective October 1, 2001, each member of the city council, other than the mayor, shall receive as compensation for services the sum of $37,500 for each year (prorated for partial years) that the member serves on the city council. The mayor shall receive as compensation for services the sum of $60,000 for each year (prorated for partial years) served as mayor on the city council. [Note: This version of subsection (a) is effective until the swearing in of city council members in June 2015.]

   (b)   For purposes of this section, a “year” means a 12-consecutive-month period.

   (c)   The compensation provided for in Subsection (a) will be paid on a biweekly basis.

   (d)   In addition to receiving the compensation provided for in Subsection (a), all necessary expenses incurred by members of the city council in the performance of their duties will be paid by the city, when authorized by the city council.

   (e)   If any city council member, including the mayor, misses more than 10 percent of the total number of regular meetings held by the city council during any compensation year, then the city council member’s compensation provided for under Subsection (a) for that year will be reduced proportionately by the percentage of meetings missed. For purposes of this subsection, regular meetings include both those held by the full city council and those held by the standing city council committees on which a member serves. Meetings missed by a city council member while he or she is on the official business of the city council and at the direction of the city council will not be counted towards the percentage of missed meetings for which compensation reduction is required under this subsection, but will be counted as though the member had attended the meetings that are missed while so engaged in city business. (Amend. of 5-5-01, Prop. No. 1; Amend. of 11-4-14, Prop. No. 8)

   (a)   If a vacancy occurs on the city council, the vacancy must be filled at a special election for that purpose unless a general election that would fill the vacant place is scheduled to occur within 120 days after the vacancy occurred. As soon as practicable after the occurrence of the vacancy, the city council shall call a special election to be held at the next authorized election date that is at least 60 days after the date of the occurrence of the vacancy.

   (b)   A person selected to fill a vacancy on the city council shall serve only until the next general city election for that place.

   (c)   If a candidate duly elected to the city council at the general election fails to take the oath of office on or before 10 days after the beginning of the term, then that place will be considered a vacancy and filled as provided in this section for other vacancies. If a candidate elected to the city council at a special election fails to take the oath of office on or before 10 days after the official canvass of the election, then that place will be considered a vacancy and filled as provided in this section for other vacancies.

   (d)   In the event of the death or disability of all members of the city council for any reason, such that the city council is unable to call an election to fill vacancies on the city council, the city attorney is authorized to institute an action on behalf of the city in the district court of Dallas County, Texas to obtain an appropriate order declaring an emergency and calling a special election to fill the city council vacancies. If state law provides for the manner and method of calling such an election, then state law shall be followed in lieu of the instituting of court action by the city attorney. (Amend. of 4-3-76, Prop. No. 2; Amend. of 8-12-89, Prop. No. 1; Amend. of 5-1-93, Prop. No. 6; Amend. of 11-8-05, Prop. No. 4)

   (a)   On the day the members of the city council take office, they shall meet at the building designated as the official city hall, and thereafter all regular meetings of the city council must be held in the city hall building in such locations and at such times as may be prescribed by ordinance, resolution, or lawfully-posted notice.

   (b)   For purposes of this Charter, a regular meeting of the city council means a meeting of the full city council at which city council members vote or are briefed on matters of interest to the city. (Amend. of 6-12-73, Prop. No. 5; Amend. of 8-12-89, Prop. No. 5; Amend. of 5-1-93, Prop. No. 5; Amend. of 11-4-14, Prop. No. 9)

   Special meetings shall be called by the city secretary upon the written request of the mayor, the city manager or three members of the council. Any such notice shall state the subject to be considered at the

special meeting and may provide for the taking up of any other matters presented at such meeting.

   (a)   All official meetings of the city council and of all city council committees must be open to the public as provided by state law. Those meetings involving an attorney and client relationship, or other matters authorized by law to be deliberated in closed session, need not be open to the public.

   (b)   The city council shall adopt rules of procedure that provide reasonable opportunity for citizens to be heard by the city council. (Amend. of 5-1-93, Prop. No. 5)

   A quorum shall consist of nine members, except when the number of city council members, due to vacancies, is reduced to less than nine, in which event a quorum shall consist of all of the remaining city council members; but a less number than a quorum may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. (Amend. of 8-12-89, Prop. No. 1)

   No member shall be excused from voting except on matters involving the consideration of his or her own official conduct, where required by law, or where his or her financial interests are involved, and in these instances, the member shall not vote. The council shall determine its own rules of procedure, and may punish its members for misconduct, and may compel the attendance of absent members. (Amend. of 11-8-05, Prop. No. 13; Amend. of 11-4-14, Prop. No. 9)

   The city council shall elect one of its members as mayor pro tem, who shall perform a specific duty of the mayor if the mayor is unable to discharge that specific duty, and who shall, during that time, be vested with all the powers belonging to the mayor to perform that specific duty. The council shall also elect one of its members as deputy mayor pro tem to act if both the mayor and the mayor pro tem are unable to discharge a specific duty and to exercise the powers of the mayor to perform that specific duty. (Amend. of 11-8-05, Prop. No. 13; Amend. of 11-4-14, Prop. No. 9)

   The city council shall have power to summon and compel the attendance of witnesses and the production of books and papers before it whenever it may be necessary for the more effective discharge of its duties, and shall have the power to punish for contempt before it with the same fines and penalties as the county judge may punish for contempt before the county court. All process shall be signed by the mayor and attested by the city secretary and shall be served by the chief of police or any police officer of the said city.

   The mayor, city secretary or any member of the city council shall have authority to administer oaths in any matter pertaining to municipal affairs.

   (a)   In the performance of the powers of government, it is the duty of the mayor and the city council to make suitable provision for the assurance of adequate and appropriate prior review and consideration of official actions to be taken by the city council, and to assure that a high performance level of services to the citizens is maintained, responsiveness to the people is provided, and accountability in municipal government is assured. To this end, the city council shall:

      (1)   adopt rules of procedure governing the conduct of city council meetings and the introduction, consideration, and method of review of actions to be considered by the city council, consistent with the city manager’s authority to present directly to the entire city council the city manager’s operational agenda;

      (2)   create a standing finance committee of the city council charged with the responsibility for financial and audit oversight of the operations of city government;

      (3)   establish such additional standing committees and their duties as the city council determines is appropriate; and

      (4)   establish the process by which the committees shall conduct their business and review matters for city council consideration, consistent with the city manager’s authority to present directly to the entire city council the city manager’s operational agenda.

   (b)   The mayor shall appoint the members and chairs of all city council committees, and it shall be the duty of each member of the city council to serve and to participate on each committee to which the member is appointed. The mayor shall have the power to remove and reassign members to and from the various city council committees. (Amend. of 8-12-89, Prop. No. 2)

   The city manager shall provide professional and administrative assistants to aid the council in the performance of its official duties. Assistants to individual council members shall be selected by the respective council members from a pool of applicants provided by the city manager. An individual council member may, at any time, require the city manager to reassign his or her council assistant and provide a pool of applicants from which the council member may select a new assistant. Personnel filling these positions shall not be subject to civil service. (Amend. of 6-12-73, Prop. No. 7; Amend. of 11-8-05, Prop. No. 2)

   Neither the council nor any of its committees or members shall dictate or attempt to dictate any person’s appointment to, or removal from, office or employment by the city manager or any of the city manager’s subordinates, or in any manner interfere in the appointment of officers and employees in the departments of administrative service vested in the manager by this Charter. Except for the purpose of inquiry, the council and its members shall deal with that part of the administrative service for which the city manager is responsible solely through such manager, and neither the council nor any city council member shall give orders to any of the subordinates of the city manager in those departments, either publicly or privately. This section shall not apply to those professional and administrative assistants provided for in Section 14 of this chapter. (Amend. of 6-12-73, Prop. No. 7; Amend. of 11-8-05, Prop. Nos. 2 and 13)

   Willful violation of the foregoing provisions of this Charter by any member of the council shall constitute official misconduct, and shall authorize the council, by a vote of two-thirds of its entire membership, to expel such offending member from the council, if found guilty after a public hearing, and thereby create a vacancy in the place held by such member.

   (a)   No person elected to the city council shall, during the term for which he or she was elected, be appointed to any office or position of emolument in the service of the city. If a member of any board or commission appointed by the council or any appointive officer of the city, including municipal judges, city appointees to the Dallas Area Rapid Transit Board, and city appointees to the Dallas/Fort Worth International Airport Board, becomes a candidate for nomination or election to any public office, he or she shall immediately forfeit his or her place or position with the city. This provision does not prohibit a person from applying for a position as a municipal judge while a candidate for nomination or election to any public office.

   (b)   A member of the city council shall forfeit his or her place on the council if he or she becomes a candidate for nomination or election to any public office other than a place on the city council or if he or she becomes a candidate for election to any different place on the city council that requires taking office prior to the end of his or her elective term. (Amend. of 6-12-73, Prop. No. 8; Amend. of 11-8-05, Prop. No. 13; Amend. of 11-4-14, Prop. Nos. 7 and 9)

   The council, the city manager or any person or committee authorized by either or both of them shall have power to inquire into the conduct of any department or office of the city; to make investigations as to city affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence material to said inquiry. The council shall provide by ordinance penalties for contempt in refusing to obey any such subpoenas or failure to produce books, papers and other evidence, and shall have the power to punish any such contempt in the manner provided by ordinance.

   The city council shall cause the annual financial statements and related records and accounts of the city to be audited annually by a firm registered with the Texas State Board of Public Accountancy as a firm practicing public accountancy. The auditor shall be selected by the city council, and shall be responsible to the council. The report of such auditor and the financial statements and related audit opinion for the fiscal year shall be printed and a copy shall be furnished to each city council member and the city manager, and a copy shall be kept available in the office of the city secretary for inspection by any citizen upon request. A summary of the annual financial statements and the audit report shall also be published once in a newspaper of general circulation in the city. The original report of the auditor or auditors shall be kept among the permanent records of the city. (Amend. of 6-12-73, Prop. No. 9; Amend. of 11-8-05, Prop. Nos. 11 and 13; Amend. of 11-4-14, Prop. No. 9)

   (a)   The person designated by the city manager as the chief financial officer of the city shall serve as the city treasurer, who shall have the custody of all the public moneys, funds, notes, bonds, and other securities belonging to the city. The chief financial officer shall give such bond as the council may require, conditioned on the faithful discharge of his or her duties, and the premium of such bond shall be paid by the city. In addition to such bond, the city shall, in accordance with state law, require designated city depositories to hypothecate securities in such amount as it shall prescribe.

   (b)   The city council shall, in accordance with state law, select and designate a depository for the moneys and funds of the city. The city council may at any time, in accordance with state law, select and designate more than one depository. The chief financial officer shall be responsible for administering the contract with the depository. The depository shall receive and securely keep all moneys belonging to the city and make all payments from the same upon orders signed by the city manager and countersigned by the chief financial officer, after authorization of the city council. All monies received by any person, department, or agency of the city for or in connection with the affairs of the city shall be deposited promptly in a commercially reasonable manner in city depositories. The chief financial officer shall ensure that a full and correct statement of receipts and payments is provided to the city manager and the city council, at such times as the city manager or city council may require and in such form as the city manager may prescribe. The chief financial officer shall perform such other acts and duties as the city manager may prescribe. (Amend. of 4-2-83, Prop. No. 6; Amend. of 4-6-85, Prop. No. 1; Amend. of 11-8-05, Prop. Nos. 8 and 13; Amend. of 11-4-14, Prop. No. 9)

(Added by Amend. of 4-3-76, Prop. No. 3)

   The city council shall appoint a city secretary who shall serve for a period of two years from the date of appointment or until a successor is appointed and qualified, unless sooner discharged by the council. The city secretary shall be a resident of the City of Dallas. If at the time of appointment, the city secretary resides outside the City of Dallas, then he or she shall move into the city within a time period required by the city council. The city secretary shall be appointed by a majority vote of all of the members of the city council and shall not be discharged during his or her term of office except upon a majority vote of all of the members of the council. The city secretary shall receive such compensation as shall be fixed by the council. (Amend. of 11-8-05, Prop. Nos. 2 and 13)

   The city council shall provide the city secretary with such assistants as it may deem necessary, and they shall receive such compensation as may be fixed by the council. Any such assistant may be discharged at any time by the city secretary. All powers and duties imposed on the city secretary may be exercised and performed by any assistant under the city secretary’s direction. (Amend. of 11-8-05, Prop. Nos. 2 and 13)

   The city secretary shall:

      (1)   attend all meetings of the city council and keep accurate records of all actions taken by the city council;

      (2)   oversee a records management program for the city that provides for the identification, maintenance, retention, security, electronic storage, microfilming, disposition, and preservation of city records and appoint a city records management officer to administer the program;

      (3)   operate the city’s archives and records storage facility for the storage of inactive city records until such time as those records may be disposed of and identify, preserve, and serve as custodian of the city’s historical records;

      (4)   inspect or direct the city records management officer to inspect the city records and report to the city council and the city manager any irregularities or failures of the city to create, identify, or maintain records in accordance with requirements assigned by law;

      (5)   administer oaths;

      (6)   attest contracts, assessment certificates, and other legal instruments when executed by the authorized officers of the city;

      (7)   serve as the election official for all city elections; and

      (8)   perform such other duties as may be required of the city secretary by this Charter, the city council, or state law. (Amend. of 5-1-93, Prop. No. 9)

   (a)   All qualified electors of the state who reside within the city shall have the right to vote in all city elections.

   (b)   In this Charter, the terms “qualified voter,” “registered voter,” “qualified elector,” and “registered elector” are synonymous and may be used interchangeably. (Amend. of 4-3-76, Prop. No. 10; Amend. of 4-2-83, Prop. No. 4; Amend. of 5-1-93, Prop. No. 6)

   No primary election shall be held for the selection of nominees to the city council unless specifically required by state law. General elections for the purpose of electing members of the city council shall be held on the first authorized election date after March 1 of each odd-numbered year. If state law does not restrict election dates, the city council shall by ordinance establish an election date in May of odd-numbered years. The members elected shall compose the city council of the City of Dallas and shall serve for the terms provided in Chapter III of this Charter, or until their respective successors shall have been elected, qualified, and taken office. (Amend. of 4-2-83, Prop. No. 4; Amend. of 8-12-89, Prop. No. 1; Amend. of 5-3-97, Prop. No. 7; Amend. of 11-8-05, Prop. No. 6)

   All qualified voters of the city shall be entitled to vote for a candidate in Place 15. The qualified voters of the respective districts shall be entitled to vote for one candidate from Place 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, or 14, corresponding to the district of which the voter is a resident. (Amend. of 4-3-76, Prop. No. 1; Amend. of 8-12-89, Prop. No. 1; Amend. of 5-1-93, Prop. No. 1)

   (a)   The city shall be divided into 14 districts, known as Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.

   (b)   Redistricting commission.

      (1)   Not later than 30 days after the city council is briefed on the federal decennial census taken in the prior year, each member of the city council shall appoint one member of the redistricting commission. The mayor shall designate the chair of the redistricting commission, subject to confirmation by a majority of the city council. In making such appointments, the city council and the mayor shall, as nearly as may be practicable, provide fair and balanced representation of all geographical areas of the city in the redistricting process and provide a total membership that reflects the racial and ethnic makeup of the city’s population. Members of the redistricting commission shall be appointed to serve a term that will end upon completion of the redistricting commission’s work.

      (2)   Persons appointed to the redistricting commission must be registered to vote and meet the qualifications for service on a city commission. A member of the city council is not eligible for appointment to the redistricting commission. A member of the redistricting commission is not eligible to be a candidate for a place on the city council in the next succeeding general election of the city, and may not be appointed or elected to the city council or to any other official board or commission of the city for a period of one year after service on the redistricting commission.

      (3)   The redistricting commission shall draw the districts in compliance with the following guidelines:

         (A)   The districts shall be substantially equal in population according to the total population count as presented in the census data, except where deviation is required to comply with federal law or is allowable by law.

         (B)   In addition to the requirements of federal law, there shall be no discrimination on the basis of race, color, or membership in a language minority group, and the voting strength of racial, ethnic, and language minorities in the districts shall not be diluted to deprive minority voters of an equal opportunity to elect a candidate of their choice.

         (C)   The districts shall be geographically compact, to the extent possible, and composed of contiguous territory.

         (D)   The reconfiguration of districts shall be neutral as to incumbents or potential candidates.

         (E)   Communities of interest shall be placed in a single district and attempts should be made to avoid splitting neighborhoods, where possible without violating the other requirements.

         (F)   The redistricting commission may adopt any other requirements of federal or state law.

      (4)   The redistricting commission shall promptly convene in such sessions as are necessary, including public hearings, to develop, prepare, and recommend a districting plan that proposes the respective boundaries of the various districts comprising the city council under this Charter.

      (5)   City council members may not have contact, directly or indirectly, with a redistricting commission member, or with redistricting commission staff, with respect to redistricting, except by testimony in an open meeting. Redistricting commission members may not engage in any discussions, directly or indirectly, regarding redistricting or the work of the redistricting commission with city council members, except during an open meeting or by written communication given to the entire redistricting commission. If a redistricting commission member engages in a prohibited discussion or violates the Texas Open Meetings Act, the redistricting commission may, by majority vote, remove the commissioner from the redistricting commission.

      (6)   Upon completion of its work, the redistricting commission shall file its recommended districting plan with the mayor. The mayor shall present the recommended plan to the city council at its next meeting. The city council shall adopt the plan as submitted or shall modify and adopt the plan, in either case within 45 days of receipt by the mayor. Any modification or change to the plan must be made in open session at a city council meeting, with a written explanation of the need for the modification or change and a copy of the proposed map with the modification or change made available to the public 72 hours before a vote, and the proposed plan must be approved by a vote of three-fourths of the members of the city council. If final action is not taken by the city council within 45 days after the plan was presented to the mayor, then the recommended plan of the redistricting commission will become the final districting plan for the city.

      (7)   The districting plan developed in accordance with this section must be implemented at the next general election of the city council conducted at least 90 days following the date the final districting plan becomes effective for the city. (Amend. of 8-12-89, Prop. Nos. 1 and 4; Amend. of 5-1-93, Prop. No. 1; Amend. of 11-8-05, Prop. No. 7; Amend. of 11-4-14, Prop. No. 6)

   (a)   No person shall be eligible as a candidate for member of council, Place 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, or 14, unless the person is at the time a bona fide resident of District 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, or 14, respectively, and has resided within the district in which the person is a candidate for a period of at least six months prior to the date of the election. Any person elected to a place representing a district must continuously reside in the district during that person’s term of office. A candidate for member of council, Place 15, may be a resident of any portion of the city, must have resided in the city for a period of at least six months prior to the date of the election, and must continuously reside within the city during the person’s term of office.

   (b)   If the district in which a person will have resided for at least six months prior to the date of an election will change because of the relocation of a district boundary, the person is eligible to become a candidate:

      (1)   for the new district assigned to the person’s residence; or

      (2)   for the previous district of the person’s residence if the person moves to a residence within the revised boundaries of that district prior to becoming a candidate for election.

   (c)   No person may appear on the official ballot as a candidate for a place on the city council unless:

      (1)   that person files with the city secretary a signed, sworn, and dated affidavit certifying compliance with the residency requirements of this section, except that a sworn application for a place on the ballot filed with the city secretary in accordance with the Texas Election Code will satisfy the requirements of this paragraph; and

      (2)   the city secretary is reasonably able to verify the truth of the affidavit of residency. (Amend. of 4-3-76, Prop. No. 1; Amend. of 8-12-89, Prop. No. 1; Amend. of 5-1-93, Prop. No. 1)

   A person desiring to become a candidate for the city council shall file with the city secretary, within the time required by the Texas Election Code, as amended, an application for a place on the ballot and a petition signed by qualified voters of the city eligible to vote for the candidate equal in number to the minimum number of signatures required for a candidate petition by the Texas Election Code, as amended. Each application and petition must comply in form, content, and procedure with the Texas Election Code, as amended. (Amend. of 6-12-73, Prop. No. 11; Amend. of 4-2-83, Prop. No. 2; Amend. of 8-12-89, Prop. No. 1; Amend. of 5-1-93, Prop. No. 6)

   The places on the official ballot shall be designated as “Member of Council, Place No.      ,” designating the place numbers for which the voters in each district are eligible to vote, with Place 15 designated as mayor and being the first in order and the others being in numerical order, and the candidate’s name shall appear in the place for which the candidate’s petition and application were filed. The city secretary shall make up the official ballot from the names presented to the city secretary in the manner required by this Charter. The order in which the names of the candidates for each place must appear on the ballot will be determined by lot, in a drawing held under the supervision of the city secretary. (Amend. of 4-3-76, Prop. No. 1; Amend. of 8-12-89, Prop. No. 1; Amend. of 5-1-93, Prop. No. 6)

   The city council shall canvass and certify the results of any general or special election in accordance with the Texas Election Code, as amended. (Amend. of 8-12-89, Prop. No. 5; Amend. of 5-1-93, Prop. No. 6)

   The candidate in the election receiving a majority of all of the votes cast for the position of city council member for the place for which the candidate ran, shall be declared elected. (Amend. of 8-12-89, Prop. No. 5)

   If no candidate for a particular office receives a majority of the votes cast for all candidates for that office in the first election, a runoff election for that office is required. Candidates in the runoff election will be listed on the ballot in the order of their standing in the first election. If two candidates tie in the number of votes received in the first election, they shall cast lots to determine the order in which their names will be listed on the runoff ballot. The runoff election will be conducted in accordance with the Texas Election Code, as amended. (Amend. of 4-2-83, Prop. No. 4; Amend. of 8-12-89, Prop. No. 5; Amend. of 5-1-93, Prop. No. 6)

   (a)   To be valid, a petition submitted for the purpose of complying with an election process must comply with the Texas Election Code, as amended.

   (b)   Every person circulating a petition or page of a petition, other than a petition to place a candidate’s name on the ballot, shall file with the city secretary an affidavit containing the person’s name and address and a statement that:

      (1)   the person circulated the petition;

      (2)   the purpose was explained to each signer;

      (3)   each signer freely provided all information required;

      (4)   all statements contained in the petition are true; and

      (5)   the person witnessed the affixing of each signature on the petition.

(Amend. of 4-2-83, Prop. No. 2; Amend. of 5-1-93, Prop. No. 6)

   (a)   The city secretary shall cause to be published, in a newspaper of general circulation or on the city’s website, on at least two separate dates (20 and two days, respectively) prior to each election or recall election, a notice disclosing the names and contribution amounts of individuals and political committees making contributions to the campaigns and/or election committees of the candidates for mayor and city council that have been reported to the city secretary prior to the dates of publication.

   (b)   The city secretary shall also cause to be published, in a newspaper of general circulation or on the city’s website, a notice disclosing the names and contribution amounts of individuals and political committees making contributions to the campaigns and/or election committees of the candidates for mayor and city council reported to the city secretary following any election or recall election.

   (c)   The city council shall provide sufficient resources to the city secretary to implement the mandate of this section. (Amend. of 11-8-05, Prop. No. 6)

      (1)   A petition demanding the recall of the city council member must be filed with the city secretary. The petition must:

         (A)   be signed by qualified voters entitled to vote for a successor to the member sought to be removed, equal in number to at least 15 percent of the number of voters who, on the date of the last preceding general municipal election, were entitled to vote for the place occupied by the member sought to be removed;

         (B)   contain a general statement of the grounds for which the removal is sought; and

         (C)   comply in form, content, and procedure with the provisions of Section 12, Chapter IV of this Charter.

      (2)   On the day that the petition is first circulated, notice must be given in writing to the city secretary by five registered voters of the city council district from which the member is sought to be removed, and the total signatures required must be secured and the petition filed within 60 days after the city secretary receives the notice.

      (3)   Within 30 days after the petition is filed, the city secretary shall examine the petition and, from the list of qualified voters, ascertain whether or not the petition is signed by the requisite number of qualified voters. If necessary, the city council shall allow the city secretary extra help, and, in the case of a petition to recall the mayor or multiple petitions to recall city council members, additional days to complete the examination. The city secretary shall attach to the petition a certificate showing the result of the examination. (Amend. of 6-12-73, Prop. No. 12; Amend. of 4-2-83, Prop. No. 2; Amend. of 5-1-93, Prop. No. 6)

   If the city secretary finds the recall petition in order, the city secretary shall submit the petition to the city council. The city council shall then, as soon as practicable, call a recall election on the next available election date that is not less than 60 days after the certification of the recall petition, unless the next available election date is the general election in which case the election will be held on that date. The name of the city council member sought to be removed will automatically be placed on the ballot unless, before the filing deadline, the member resigns or declares an intention to not be a candidate on the ballot. All other candidates shall comply with the requirements for candidacy in a general election of the city. The election will be conducted in the same manner as set forth in this Charter for an election to fill a vacancy on the city council. The election will be only for the unexpired term of the questioned city council member. Failure of the person elected to take the oath of office within 10 days after the official canvass of the election will create a vacancy in the office. (Amend. of 4-2-83, Prop. No. 4; Amend of 5-1-93, Prop. No. 6)

   The council shall appoint a city manager, who shall be the chief administrative and executive officer of the city. The city manager shall be chosen by the council solely on the basis of executive and administrative training, experience, and ability, and without regard to political consideration. The city manager shall be a resident of the City of Dallas. If at the time of appointment, the city manager resides outside the City of Dallas, then he or she shall move into the city within a time period required by the city council. No member of the council shall, during the time for which elected, be chosen as city manager. The city manager shall not be appointed for a definite fixed time, but shall be removable at the will and pleasure of the city council upon a two-thirds vote of the members of the council unless otherwise provided by contract. The action of the council in removing the city manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such removal in the council. The city manager shall receive such compensation as may be fixed by the council. (Amend. of 6-12-73, Prop. No. 13; Amend. of 4-3-76, Prop. No. 4; Amend. of 11-8-05, Prop. Nos. 2, 5, and 13)

   The powers and duties of the city manager shall be as follows:

      (1)   To be responsible to the council for the proper administration of all the city affairs placed in the city manager’s hands, and shall to that end appoint and employ all directors of departments and other employees not otherwise provided for in this Charter or by ordinance. Appointments made by the city manager shall be on the basis of executive and administrative experience and ability and of training fitness and efficiency of such appointees in the work that they are to administer. All such directors of departments shall be immediately responsible to the city manager and may be removed by the city manager at any time.

      (2)   To see that all laws and ordinances are enforced.

      (3)   Except as otherwise provided by the Charter of the City of Dallas, to appoint and remove all heads of departments and all subordinate officers and employees of the city. All appointments must be upon merit and fitness alone, and, in the classified civil service, all appointments are subject to the civil service provisions of this Charter.

      (4)   To exercise control over all departments and subdivisions of departments created by the Charter, or that may hereafter be created by the council, except as hereinafter provided.

      (5)   To see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation of such terms and conditions, to call the matter to the attention of the city attorney, whose duty it shall be to take such steps as may be necessary to enforce such terms and conditions.

      (6)   To attend all meetings of the council, with the right to take part in the discussion, but having no vote. The city manager shall be entitled to notice of all special meetings.

      (7)   To recommend to the council for adoption such measures as the city manager may deem necessary or expedient.

      (8)   To keep the council at all times fully advised as to the financial condition and needs of the city.

      (9)   To act as budget commissioner and prepare and submit to the council an annual budget after receiving estimates made by the directors or heads of the various departments of the city, and submit recommended capital programs.

      (10)   To see to it that the city lives within its budget.

      (11)   To execute deeds, deeds of trust, easements, releases, contracts, and all other legal instruments on behalf of the city when authorized by ordinance or resolution of the city council, and approved as to form by the city attorney.

      (12)   Appoint assistants and employees to fill the positions established by ordinance of the city council.

      (13)   When requested by the city council, to cause to be prepared an actuarial determination and appraisal of any or all city pension systems.

      (14)   In the absence or inability of the city manager, the city manager’s duties, including the execution of legal instruments, shall be performed by the assistant city managers in the order of precedence as may be designated by city ordinance, and the city manager may designate any of the assistant city managers to perform any of the powers and duties imposed on the city manager by this Charter.

      (15)   To perform such other duties as may be prescribed by this Charter, or by ordinance or resolution of the council. (Amend. of 4-3-76, Prop. No. 4; Amend. of 11-8-05, Prop. Nos. 5 and 13)

   There is hereby created a department to be known as the legal department. The director or head of this department shall be a competent practicing attorney of recognized ability and shall be known as the city attorney. The city attorney shall be a resident of the City of Dallas. If at the time of appointment, the city attorney resides outside the City of Dallas, then he or she shall move into the city within a time period required by the city council. The city attorney shall be appointed by a majority vote of all the members of the city council and shall serve for a period of two years from the date of appointment and thereafter until a successor is appointed, unless sooner discharged by the council, and the city attorney shall not be discharged during his or her term of office except upon a majority vote of all members of the city council. The city attorney shall receive such compensation as shall be fixed by the council at the time of appointment and such compensation may not be diminished during the term for which he or she is appointed. (Amend. of 11-8-05, Prop. Nos. 2, 5, and 13)

   The city attorney shall have such assistants as shall be provided for by ordinance, and they shall receive such compensation as may be fixed by the city council. Any assistant city attorney may be discharged at any time by the city attorney. The city attorney and all assistant city attorneys shall devote their entire time to the service of the city. All powers and duties imposed on the city attorney may be exercised and performed by any assistant city attorney under the direction of the city attorney. (Amend. of 4-2-83, Prop. No. 7; Amend. of 5-3-97, Prop. No. 10)

   The city attorney shall have the following powers and duties:

      (1)   Representing the city in all litigation and controversies.

      (2)   Administering oaths and affidavits.

      (3)   Prosecuting, in person or by assistants, all cases brought before the municipal court.

      (4)   Approving as to form in writing all proposed ordinances before they are adopted, or filing with the city council, in writing, any objection to an ordinance.

      (5)   Drafting all proposed ordinances granting franchises.

      (6)   Inspecting and passing upon all papers, documents, contracts, and other instruments in which the city may be interested.

      (7)   Being the legal adviser to the city manager, the council, or any committee thereof, all official boards and commissions and all city officers and employees with respect to any legal question involving an official duty or any legal matter pertaining to the affairs of the City of Dallas.

      (8)   Whenever it is brought to the city attorney’s knowledge that any person, firm, or corporation exercising and enjoying any franchise or privilege from the City of Dallas has been guilty of a breach of any condition of such grant, or has failed to comply in any material matter with the terms and stipulations of such grant, reporting the matter to the city council, together with all facts bearing upon the matter that may be brought to the city attorney’s attention. If the council determines that the complaints are well founded, it shall be the council’s duty to take such action as may be necessary, and, if the offending party fails or refuses to conform to such order as the council may make with respect to the matter, it shall be the duty of the council to direct the city attorney to institute suit against the offending party in the court having jurisdiction over the matter to obtain a judgment of forfeiture of the franchise or privilege.

      (9)   Advising the city council, the city manager, and all the departments of the city concerning new or proposed state or federal legislation and representing the city before all legislative bodies in matters affecting the city.

      (10)   Upon the city attorney’s own initiative or upon the direction of the city council, appearing in any and all litigation affecting the city and representing the city in such manner as he or she deems to be to the best interest of the city, and instituting such legal proceedings as may be necessary or desirable on behalf of the city.

      (11)   Hiring or discharging such clerical personnel or other personnel as may be authorized for the city attorney’s department by the city council.

      (12)   When deemed for the best interest of the city, advising or representing officers and employees of the city in litigation in matters arising out of the official conduct of their office or duties or in the course of their employment.

      (13)   Performing such other duties as the council may direct or request. (Amend. of 11-8-05, Prop. Nos. 3 and 13)

   The city council may, by ordinance, create and provide for municipal courts to be known as municipal courts of the City of Dallas, as it may deem necessary, and may appoint one or more municipal judges to serve each court. (Amend. of 6-12-73, Prop. No. 15)

   The municipal court shall have jurisdiction:

      (1)   over all criminal cases arising under the ordinances of the city within the city limits and outside the limits to the extent authorized by state law;

      (2)   concurrent with the appropriate state court of all criminal cases arising under the criminal laws of the state, where the offense is committed within the city limits of Dallas and the penalty does not exceed that which is established for municipal courts by state law;

      (3)   over the forfeiture and collection of bonds given in proceedings therein, and to order the forfeiture of cash acceptance bonds upon failure of the defendant to appear, and to accept same in lieu of a fine;

      (4)   over cases involving a license or permit granted by the city for any calling, occupation, business or vocation. In addition to the punishment to be imposed therefor, the court may suspend or revoke the license or permit so granted;

      (5)   enforce all process of the courts in accordance with state law and city ordinances, punish witnesses for failing to obey subpoenas, and compel their attendance by process of attachment;

      (6)   punish for contempt, admit to bail, and forfeit bonds under such circumstances and as provided by county courts, or county courts exercising criminal jurisdiction only;

      (7)   over all other matters and cases provided for by state law or city ordinance. (Amend. of 6-12-73, Prop. No. 16)

   Except as otherwise provided by state law, practices and procedures in the municipal courts and appeals therefrom shall be as established by ordinances of the city council. (Amend. of 11-8-05, Prop. No. 3)

   Each of the municipal courts of the City of Dallas shall be presided over by a judge or judges, each of whom shall be designated as municipal judge. Each judge shall be a practicing attorney of good standing. Biennially in May of each even-numbered year, the municipal judges shall be appointed by the council, which appointment shall designate the administrative judge. Each municipal judge shall hold office for two years from the date of appointment or until a successor is appointed and qualified, unless sooner removed by the council. In the event of any vacancy in the office of municipal judge by death, resignation, or otherwise, the city council shall appoint a qualified attorney to fill the unexpired term as municipal judge. The administrative judge designated by the city council shall be the administrative head of the judiciary of the city. As such, the administrative judge shall promulgate work rules concerning the administration of the court dockets, the times and places for holding court, equalizing of the case assignments, the vacation schedules, and other administrative details concerned with the judicial performance of the municipal courts, which rules shall be submitted to the city manager and city attorney for comment prior to adoption by the city council. Once adopted, the administrative judge shall be responsible to see that the rules are adhered to by all courts. The administrative judge shall make such reports as may be required by the city council. (Amend. of 6-12-73, Prop. No. 17; Amend. of 4-6-85, Prop. No. 2; Amend. of 11-8-05, Prop. No. 13)

   (a)   A full-time or associate municipal judge may be removed from office by a majority vote of all members of the city council if the council determines, after a hearing before the council, that the municipal judge:

      (1)   does not meet any residency requirements for municipal judges established by city council ordinance; or

      (2)   does not meet any other qualifications or requirements for municipal judges established by city ordinance, state or federal law, or other applicable law.

   (b)   A full-time or associate municipal judge shall immediately forfeit his or her place with the city if he or she becomes a candidate for nomination or election to any public office (see Section 17 of Chapter III of this Charter). (Amend. of 11-8-05, Prop. No. 3; Amend. of 11-4-14, Prop. No. 7)

   The municipal judges shall have power and authority to administer official oaths and affirmations and to give certificates thereof, and shall have full power and authority to place persons upon probation, to issue subpoenas, writs of capias, search warrants, executions and all other process known to the law which justice courts are by law authorized to issue in similar cases. (Amend. of 6-12-73, Prop. No. 18)

   If, for any cause, any of the municipal judges shall temporarily fail to act, then and in such case the council is hereby authorized to appoint some qualified attorney who shall act in the place and stead of such municipal judge, and who shall have powers and discharge all the duties of said office and shall receive the compensation therefor accruing while so acting. Such temporary judges shall be known as associate municipal judges. Associate municipal judges, during their appointments, shall not represent clients on matters pending in the municipal courts. The appointment of an associate municipal judge shall be by resolution of the city council, filed in the office of the city secretary. In the event of civil emergency, such appointment may be made by the mayor; provided, however, no compensation shall be paid to such judges so appointed unless confirmed by the city council. (Amend. of 6-12-73, Prop. No. 19; Amend. of 11-8-05, Prop. No. 13)

   Each of the municipal judges shall receive such compensation as may be determined by the council. (Amend. of 11-8-05, Prop. No. 3)

   There shall be a clerk or clerks of the municipal court and such deputies as may be provided for by ordinance. The clerks shall be appointed by the city manager and shall receive such salary as may be fixed by the council. The deputies shall be those as selected under the civil service system. The clerks shall have the power to perform all things and acts usual and necessary to be performed by clerks of court in issuing process of said courts and conducting the business thereof, and such other duties as may be prescribed by ordinance of the city council. (Amend. of 11-8-05, Prop. No. 3)

   This chapter is cumulative of any laws that may now or hereafter be passed by the legislature regulating or increasing the jurisdiction of municipal courts in cities of the grade and size of the City of Dallas. (Amend. of 11-8-05, Prop. No. 3)

   The council shall provide the city auditor with such assistants as it may deem necessary, and those assistants shall receive such compensation as may be fixed by the council. Any such assistant may be discharged at any time by the city auditor. All powers and duties imposed on the city auditor may be exercised and performed by any assistant under the city auditor’s direction. (Amend. of 11-8-05, Prop. No. 2)

   The city auditor shall have the following duties and responsibilities:

      (1)   Conducting financial audits, compliance audits, economy and efficiency audits, special audits, and investigations.

      (2)   Conducting, at the direction of the city council or the city council finance committee, an audit or investigation of any entity receiving funds from the city.

      (3)   Ensuring the quality and accuracy of information received for business decision-making and for improvement of the processes and controls used to effectively manage city resources.

      (4)   Monitoring and evaluating the city’s accounting and property records, funds, general accounting system, and records of city officers authorized to receive money or other property belonging to the city.

      (5)   Examining the books, accounts, reports, vouchers, and records of city officers, of funds of the city, and of funds for which the city is responsible as trustee.

      (6)   Appraising and verifying the accounting accuracy of financial records, statements, and reports, and determining that generally accepted accounting procedures and principles are followed.

      (7)   Evaluating the adequacy of the city’s accounting system and controls.

      (8)   Reporting to the city council, the city council finance committee, and the city manager any irregularities or failures to maintain adequate and accurate records.

      (9)   Making such studies and reports as the city council shall request or approve as to the efficiency, economy, and effectiveness of the programs, projects, or departments, and reporting such data to the city council, the city council finance committee, and the city manager.

      (10)   Acting, on behalf of the city, as liaison to external auditing agencies that are reviewing or auditing city operations or city programs that may be federally or state funded. (Amend. of 4-3-76, Prop. No. 7; Amend. of 8-12-89, Prop. No. 2; Amend. of 11-8-05, Prop. No. 2)

   Upon the death, resignation, removal, or expiration of the term of any officer of the city, other than the city auditor, the city auditor shall cause an audit and investigation of the accounts of such officer to be made and shall report to the city manager and the council. Either the council or the city manager may at any time provide for an investigation or audit of the accounts of any officer or department of the city government. In case of the death, resignation, or removal of the city auditor, the city manager shall cause an audit to be made of the city auditor’s accounts. If, as a result of any such audit, an officer is found to be indebted to the city, the city auditor, or other person making such audit, shall immediately give notice of such indebtedness to the council, the city manager, and the city attorney, and the city attorney shall, as directed by the city council, proceed to collect such indebtedness. (Amend. of 4-3-76, Prop. No. 7; Amend. of 11-8-05, Prop. No. 13)

(Added by Amend. of 4-3-76, Prop. No. 7; Repealed by Amend. of 4-2-83, Prop. No. 6)

   The city council shall have the power by ordinance to establish other departments and offices, than those created by charter, and to create divisions or sections within any department, whether established by charter or ordinance. The council may discontinue any department or office established by ordinance and may prescribe, combine, distribute or abolish the functions and duties of departments and offices not inconsistent with this Charter or state law. All such ordinances creating a department or making any changes in the same shall be adopted only after receiving the recommendation of the city manager and by a three-fourths vote of the council.

   Except as otherwise provided in the Charter, all departments of the city shall be under the supervision and direction of the city manager, including any department hereafter established by ordinance. The directors of such departments shall be appointed by the city manager, and they shall serve until removed by the city manager, or until a successor has been appointed and qualified. The city manager shall coordinate the work of the various departments in the execution of their duties of office. Subject to the direction and supervision of the city manager, the director of a department shall manage the department. (Amend. of 11-8-05, Prop. No. 13)

   Purchases must be made by the city purchasing agent, or the purchasing agent’s designees, who shall make all purchases for the city in the manner provided by ordinance and shall, under such regulations as may be provided by ordinance or by resolution, sell all personal property of the city not needed for public use, or that may have been condemned as useless by a department director. (Amend. of 5-1-93, Prop. No. 4)

   Before making any purchase or sale, the city purchasing agent shall give opportunity for competition, under such rules and regulations as the city council may establish, subject to the competitive bidding sections of this Charter. Supplies required by departments may be furnished under the control of the purchasing agent or the purchasing agent’s designees. (Amend. of 5-1-93, Prop. No. 4)

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   The fiscal year of the city shall begin on the first day of October of each year and shall end with the 30th day of September next following. On the 15th day of August of each year the city manager shall submit to the council a budget estimate of the revenue of the city and the expense of conducting the affairs thereof for the ensuing fiscal year. This estimate shall be compiled from information obtained from the several departments, divisions and offices of the city on uniform forms furnished by the city manager. It shall be in accordance with uniform accounting procedures with comparisons to the last two fiscal years and an estimate of the probable income for the period covered with the significant underlying assumptions. (Amend. of 4-3-76, Prop. No. 8)

   Every department of the city government not under the direct control of the city manager, except the city auditor, shall furnish to the city manager, for use in the preparation of recommendations to the council regarding the annual budget, a detailed budget estimate of the needs and requirements of such department for the coming year. The city auditor shall furnish a detailed budget estimate of the needs and requirements of the city auditor’s office for the coming year directly to the city council, to be approved by the city council, and then consolidated with the city manager’s annual budget estimate. (Amend. of 11-8-05, Prop. No. 13; Amend. of 11-4-14, Prop. No. 5)

   Upon receipt of the city manager’s estimate, the council shall call a public hearing upon the submitted budget to be held before a committee of the council, or before the entire council sitting as a committee of the whole. Following the public hearings, the council shall pass on first reading the appropriation ordinance and shall cause it to be published in a newspaper of general circulation in the city with a separate schedule setting forth the items in the city manager’s estimate that were omitted or changed by the council, if any. The council shall not pass the appropriation ordinance upon final reading until at least 10 days after its publication. Upon passage of the appropriation ordinance by the council, it shall become immediately effective, and the funds appropriated therein become available on October 1, the beginning of the next fiscal year.

Following the final passage of the appropriation ordinance, the city council shall, by ordinance, levy the taxes for the current year. (Amend. of 4-3-76, Prop. No. 8; Amend. of 11-8-05, Prop. No. 11)

   Upon the written recommendation of the city manager, the city council may at any time transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose to any other department, division, or purpose. (Amend. of 5-1-93, Prop. No. 7; Amend. of 11-4-14, Prop. No. 9)

   If at any time the total accruing revenue of the city shall be in excess of the total estimated income thereof, as set forth in the annual budget estimate in compliance with Section 1 of Chapter XI of this Charter, the council may from time to time appropriate such excess to such uses as will not conflict with any uses for which such revenues specifically accrued. (Amend. of 11-4-14, Prop. No. 9)

   No money shall be drawn from the city treasury, nor shall any obligation for the expenditure of money be incurred, except in pursuance of appropriation made by the council and, whenever an appropriation is so made, the chief financial officer shall forthwith give notice to the city manager. At the close of each fiscal year, the unencumbered balance of each appropriation shall revert to the fund from which it was appropriated and shall be subject to future appropriations, but appropriations may be made in furtherance of improvements or other objects of work of the city that will not be completed within the current year. (Amend. of 11-8-05, Prop. No. 8; Amend. of 11-4-14, Prop. No. 9)

   Accounts shall be kept for each item of appropriation made by the council and every warrant on the city treasury shall state specifically against which of such items the warrant is drawn. Each account shall show in detail the appropriations made to the account by the council, the amount drawn on the account, the unpaid obligations charged against the account, and the unencumbered balance to the credit of the account. (Amend. of 11-8-05, Prop. No. 8)

   The chief financial officer shall examine payrolls, bills, and other claims and demands against the city and shall issue no warrant for payment unless the chief financial officer finds that the claim is in proper form, and duly approved; that it is justly and legally due and payable; that an appropriation has been made therefor which has not been exhausted or that the payment has been otherwise legally authorized; and that there is money in the city treasury to make payment. The chief financial officer may investigate any claim and for that purpose may summon any officer, agent or person to be examined by the chief financial officer upon oath or affirmation relative thereto, which oath or affirmation the chief financial officer may administer. If the chief financial officer knowingly or negligently issues a warrant on the treasury authorizing payment of any item for which no appropriation has been made, or for the payment of which there is not a sufficient balance in the proper appropriation, or which is otherwise contrary to law or ordinance, the chief financial officer and the chief financial officer’s sureties shall be individually liable to the city for the amount thereof. (Amend. of 4-3-76, Prop. No. 7; Amend. of 4-2-83, Prop. No. 6; Amend. of 8-12-89, Prop. No. 7; Amend. of 11-4-14, Prop. No. 9)

   No contract, agreement or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance, resolution, or order for the expenditure of money be passed by the council or be authorized by any officer of the city, except in the cases hereinafter specified, unless the city manager first certifies to the council, or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure is in the treasury to the credit of the fund from which it is to be drawn and not appropriated for any other purpose, which certificate shall be filed and immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the city is discharged from the contract, agreement or obligation.

   All moneys actually in the treasury to the credit of the fund from which they are to be drawn, and all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come in the treasury before the maturity of such contract, agreement or obligation, from taxes or assessments, or from sales of service product, or by-products, or from any city undertaking, fees, charges, accounts and bills receivable, or other credits in process of collection, and all moneys applicable to the payment of such obligation or appropriation, which are to be paid into the city treasury prior to the maturity thereof, arising from the sale or lease of lands or other property, and moneys to be derived from lawfully authorized bonds sold and in the process of delivery, and moneys to be derived from the sale of lawfully authorized commercial paper notes, shall, for the purpose of such certificate, be deemed in the treasury to the credit of the appropriate fund and subject to such certification. (Amend. of 11-8-05, Prop. No. 8)

   All contracts, agreements, or other obligations entered into, and all ordinances passed and resolutions and orders adopted, that are contrary to the preceding sections of this chapter shall be void, and no person shall have any claim or demand against the city thereunder, nor shall the council or any officer of the city waive or qualify the limits fixed by any ordinance, resolution, or order, or fasten upon the city any liability in excess of such limits, or relieve any party from an exact compliance with a contract under such ordinance, resolution, or order; provided, that this section shall not apply in case of public disaster calling for extraordinary emergency expenditure or to the exceptions contained in Section 12 of this chapter. (Amend. of 11-8-05, Prop. No. 13; Amend. of 11-4-14, Prop. No. 9)

   The limitations and restrictions contained in Sections 10 and 11 above shall not be applicable to the park board where an advantageous opportunity is presented to said board to purchase an additional park for any year upon a cash payment out of the appropriation set apart to the park department for that year and the contract or agreement to pay the balance of the purchase price for the said park is not to exceed 10 annual installments; provided that such contemplated purchase of park property shall first be reported to the city council and approved by the council. When so approved the said purchase may be consummated and thereafter provision shall be made in the annual budget for the payment of the annual installment with interest thereon, to be charged against the annual appropriation for such department.

   (Combined into Chapter III, Section 20 by Amend. of 11-4-14, Prop. No. 9)

   (a) All receipts and revenues from the water utilities department constitute a separate and sacred fund, which may never be diverted or drawn upon for any purposes other than those set forth in this section. The city council may appropriate or pledge all receipts and revenues from the water utilities department:

      (1)   for acquiring, constructing, repairing, extending, improving, operating, maintaining, and bettering the city’s combined water and wastewater utility systems and related plants, properties, mains, facilities, and water supplies;

      (2)   for paying, discharging, or retiring the indebtedness and obligations of the city that have been or may be incurred for Dallas water utilities department purposes;

      (3)   for payment for services rendered to the department by other city departments; and

      (4)   for payment of an amount equal to ad valorem taxes and other charges that would be due the city if the water utilities department were not a city-owned public utility.

   (b)   All water service or municipal and industrial waste water collection and treatment service rendered by the water utilities department must be paid for by rate schedules as approved by the city council and such state authority as may be required. (Renumbered by Amend. of 6-12-73, Prop. No. 43; Amend. of 5-1-93, Prop. No. 7)

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   There is hereby created a police department of the City of Dallas at the head of which shall be the chief of police. The police department shall be composed of the chief, whose office is hereby created and established, and other unclassified positions of assistants, limited to the three grades or ranks immediately below the grade or rank of chief, and classified employees as the council may provide by ordinance upon recommendation of the city manager. The chief of police shall designate the order of succession of the assistant chiefs, who shall perform the duties of the chief in the event of the chief’s disability, absence from the city, or inability to perform duties from any other cause. (Amend. of 6-12-73, Prop. No. 26; Amend. of 8-12-89, Prop. No. 8; Amend. of 5-3-97, Prop. No. 6)

   The chief of police shall:

      (1)   have immediate direction and control of the police department, subject to the supervision of the city manager, and also subject to such rules, regulations, and orders as the city manager may prescribe, not inconsistent with the ordinances of the city, and shall promulgate all orders, rules, and regulations for government of the police force;

      (2)   devote the chief’s entire time to the discharge of official duties, and shall not be absent from the city except in the performance of official duties, unless granted a written leave of absence by the city manager;

      (3)   keep the office of the chief of police open at all hours, day and night, and either the chief or a subordinate shall be in constant attendance of such office;

      (4)   prescribe the uniforms and badges for the members of the police force and direct the manner in which the members of the police force shall be armed;

      (5)   perform such other duties as may be required by the city manager or by ordinance of the city council. (Amend. of 5-3-97, Prop. No. 6)

   The members of the police department, other than the chief of police and assistants provided by ordinance, shall be selected from the list of eligibles prepared by the civil service commission. In case of emergency, the mayor, the city manager, or the chief of police may appoint additional patrol officers and other officers for temporary service, who need not be in the classified service. Each member of the police department, both rank and file, shall be issued a warrant of appointment signed by the city manager in which the date of appointment shall be stated, and such shall be the member’s commission. Each member of the police department shall, before entering upon any duties, subscribe to an oath that the member will faithfully, without fear or favor, perform the duties of the office, and such oath shall be filed and preserved with the records of the police department, and in addition, the several officers of the force shall, if so required by the council, give bond in such penal sum and with such security as the council may prescribe by ordinance. The cost of such bond is to be borne by the city. (Amend. of 6-l2-73, Prop. No. 26; Amend. of 5-3-97, Prop. No. 6)

   The chief of police shall have the right to discipline any of the officers or employees who may be under the chief’s jurisdiction and control for violations of city ordinances or federal or state law, or for failure to obey orders given by the proper authority, or the orders, rules, and regulations promulgated by the chief of police. The chief of police may delegate this authority to discipline as he or she deems fit. If any officer or employee is discharged, the chief of police shall forthwith in writing certify the fact, together with the cause for the action, to the city manager. A disciplined officer or employee shall have five days from receipt of notice of a suspension, demotion, or discharge within which to demand a hearing before the city manager, as provided in this Charter, but such demand must be made in writing. If demanded, the city manager shall proceed to inquire into the cause of the discipline and render judgment thereon, which judgment, if the charge is sustained, may be suspension, reduction in rank, discharge, or such other discipline as may seem just and equitable to the city manager under all the facts and circumstances of the particular case. Such judgment is final unless a discharged or demoted officer or employee desires to exercise the right of a public hearing before a trial board or an administrative law judge as provided by this Charter. (Amend. of 4-3-76, Prop. No. 5; Amend. of 4-2-83, Prop. No. 7; Amend. of 5-1-93, Prop. No. 8; Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 5)

   (a)   The officers and privates constituting the police department of the City of Dallas are vested with all the power and authority given to them as peace officers under the laws of the state, the federal law, and the ordinances and regulations of the city, and it shall be the duty of each such officer and private:

      (1)   to use every endeavor to prevent the commission within the city of offenses against the laws of the state, the federal government, and the ordinances and regulations of the city;

      (2)   to observe and enforce all such laws, ordinances, and regulations;

      (3)   to detect and arrest offenders against all such laws, ordinances, and regulations; and

      (4)   to preserve the public peace, health, and safety.

   (b)   All police officers shall execute any criminal warrant, warrant of arrest, writ, subpoena, or other process that may be placed in their hands by the duly constituted authorities of the city. No police officer shall receive any fee or other compensation for any service rendered in the performance of the officer’s duty other than the salary paid by the city, nor shall the police officer receive a fee as a witness in any case arising under the criminal laws of this state or under the ordinances or regulations of the city and prosecuted in the municipal court of the city or in any criminal court in Dallas County. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 3)

   No person, except as otherwise provided by general law or the Charter, or the ordinances passed in pursuance thereof, shall act as special police or special detectives, except upon written authority from the city manager. Such authority, when conferred, shall be exercised only under the direction and control of the chief of police and for the time specified in the appointment. (Amend. of 5-3-97, Prop. No. 6)

   Any person, other than a member of the police force of the City of Dallas, who wears the uniform or badge as prescribed by the chief of police for the City of Dallas Police Department, or a uniform or badge so closely similar as to be mistaken for the uniform or badge of the City of Dallas Police Department, shall be subject to such fine as may be prescribed by the city council by ordinance. (Amend. of 5-3-97, Prop. No. 6)

(Renumbered by Amend. of 6-12-73, Prop. No. 43; Retitled by Amend. of 11-8-05, Prop. No. 10)

   There is hereby created a fire-rescue department of the City of Dallas, at the head of which shall be the chief of the fire-rescue department. The fire-rescue department shall be composed of the chief of the fire-rescue department, whose office is hereby created and established, and other unclassified positions of assistants, limited to the two grades or ranks immediately below the grade or rank of chief, and classified employees as the council may provide by ordinance upon the recommendation of the city manager. The chief of the fire-rescue department shall designate the order of succession of the assistant chiefs, who shall perform the duties of the chief in the event of the chief’s disability, absence from the city, or inability to perform duties from any other cause. (Amend. of 6-12-73, Prop. No. 27; Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)

   The chief of the fire-rescue department shall:

      (1)   have exclusive control of the stationing and transfer of all firefighters and other officers and employees constituting the fire-rescue department, under such rules and regulations as may be established by the city manager, to whom the chief shall be immediately responsible, or according to the ordinances of the city;

      (2)   take all necessary measures to protect the city and the property of its citizens from destruction by fire or conflagration;

      (3)   devote the chief’s entire time to the discharge of official duties, and shall not be absent from the city except in the performance of official duties, unless granted a written leave by the city manager;

      (4)   classify the fire-rescue service of the city in conformity with the ordinances of the city council concerning the number of persons to be employed therein and make rules for the regulation and discipline of such service and the employees;

      (5)   prescribe the uniform and badges for the members of the fire-rescue department;

      (6)   provide fire-rescue equipment, personnel, and services for emergency use; and

      (7)   perform such other duties as may be required by the city manager or by ordinance of the city council. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)

   (Repealed by Amend. of 11-8-05, Prop. No. 5)

   The members of the fire-rescue department, other than the chief of the fire-rescue department and the chief’s assistants provided for by council ordinance, shall be certified from the list of eligibles prepared by a civil service commission, in accordance with such rules and regulations as may be prescribed by the civil service commission; provided, however, that in case of civil disturbance, the city manager or the chief of the fire-rescue department may appoint additional firefighters and officers for temporary service, who need not be in the classified service. (Amend. of 6-12-73, Prop. No. 27; Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)

   All firefighters and other uniformed personnel of the fire-rescue department shall receive additional compensation for continuous service as is provided by the laws of the State of Texas and, in the absence of such provisions, as is provided for by ordinances of the city. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)

   When any building in the city is on fire, it shall be lawful for the chief of the fire-rescue department or any assistant chief of the fire-rescue department, with the concurrence of the city manager, to direct such building, or any buildings that they may deem hazardous and likely to communicate fire to other buildings, to be torn down, blown up, or destroyed, and no action shall be maintained against any person or against the city therefor. Any person interested in any building so destroyed or injured may, within six months, and not thereafter, apply in writing to the council to assess and pay the damages claimed to have been sustained. If the council and the claimant cannot agree upon the terms of adjustment, then the application of the claimant shall be referred for decision to three disinterested arbitrators, who shall be qualified voters and owners of real estate within the city. One arbitrator shall be appointed by the claimant, and one by the council, and the third by both arbitrators previously selected, and the decision of the majority shall constitute the award in the case. The arbitrators shall be sworn to faithfully execute their duties according to the best of their ability. They shall have power to subpoena and administer oaths to witnesses; to give all parties a fair and impartial hearing; and to give reasonable notice beforehand of the time and place of the hearing. They shall take into account the probability as to whether the building would have been destroyed by fire if it had not been pulled down and destroyed and the loss of insurance upon the property, if any, caused by the pulling down, blowing up, and destroying of the building, and may report that no damages should equitably be allowed to the claimant. Whenever such report appraising the damages is made and finally confirmed by the council, compliance therewith by the council shall be deemed full satisfaction of the damages. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)

   Each member of the fire-rescue department acting under orders of a commanding officer is authorized to exercise powers of police officers while going to, attending, or returning from any fire, alarm of fire, or rescue situation and shall be issued a warrant of appointment signed by the city manager, in which the date of appointment shall be stated, and such warrant shall be the firefighter’s commission. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)

   Any person, other than a member of the fire-rescue department of the City of Dallas, who wears the uniform or badge as prescribed by the chief of the fire-rescue department of the City of Dallas, or a uniform or badge so closely similar as to be mistaken for the uniform or badge of the fire-rescue department of the City of Dallas, shall be subject to such fine as may be prescribed by the city council by ordinance. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)

   The chief of the fire-rescue department shall have the right to discipline any officers or employees who may be under the chief’s control and management for violations of city ordinances or federal or state law, or for failure to obey orders given by the proper authority, or the orders, rules, and regulations promulgated by the chief for the department. The chief of the fire-rescue department may delegate this authority to discipline as he or she deems fit. If any officer or employee is discharged, the chief of the fire-rescue department shall forthwith in writing certify the fact, together with the cause for the action, to the city manager. A disciplined officer or employee shall have five days from receipt of notice of a suspension, demotion, or discharge within which to demand a hearing before the city manager, as provided in this Charter, but such demand must be made in writing. If demanded, the city manager shall proceed to inquire into the cause of the discipline and render judgment thereon, which judgment, if the charge is sustained, may be suspension, reduction in rank, discharge, or such other discipline as may seem just and equitable to the city manager under all the facts and circumstances of the particular case. Such judgment is final unless a discharged or demoted officer or employee desires to exercise the right of a public hearing before a trial board or an administrative law judge as provided by this Charter. (Amend. of 4-3-76, Prop. No. 8; Amend. of 4-2-83, Prop. No. 7; Amend. of 5-1-93, Prop. No. 8; Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. Nos. 5 and 10)

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   The granting of franchises by the city council shall be governed by the following regulations:

      (1)   No exclusive franchise or privilege shall ever be granted.

      (2)   No determinate or fixed term franchise shall ever be granted for a longer term than 40 years.

      (3)   Within 10 years of the date of expiration of any fixed term franchise, the city council may grant a new franchise to commence upon the expiration of the franchise in question, or grant a new franchise if the existing franchise is released.

      (4)   Actual operation under a franchise must commence within six months after the granting of the franchise. As a part of the actual operation, the city council may grant a reasonable time beyond the six month period for research, development and construction upon terms and conditions as set forth in the franchise.

      (5)   No franchise, nor the assets held by the franchise holder, may be sold, assigned, transferred, or conveyed to any other person, firm, corporation, or other business entity without the consent of the city first had and obtained by ordinance or resolution, unless otherwise provided in the franchise. If the purchaser is the holder of a like franchise, the franchise purchased shall be canceled and merged into the franchise held by the purchaser upon terms and conditions as may be set out by the city council when permission for merger is granted.

      (6)   The purchaser of any franchise must assume and promptly discharge all of the payments due and owing the city by the holder of the franchise being purchased.

      (7)   An indeterminate franchise (that is, with no fixed or determinate duration) may be granted, provided that the ordinance granting the franchise gives to the city, in express terms, the right to purchase the property of the franchise holder or to cause a purchaser to buy such property, fixing the times, the rights, and the conditions under which they may be exercised. In the event of purchase by the city, the franchise itself shall not be deemed to have any market value.

      (8)   All holders of franchises for public services from the city, their successors or assigns, as compensation for the right or privilege enjoyed shall pay to the city a sum not less than four percent per annum of gross receipts of the business pursued by the franchise holder rendered in the city. Such sum shall be exclusive of, and in addition to, all special assessments and taxes of whatever nature, including ad valorem taxes upon the value of the franchise and other property of the franchise holder. The sum due under this subsection shall be due and payable on or before February 15 of each year for the preceding calendar year.

      (9)   All rights held under any such ordinance, shall at all times be subject to the power of the city council to require the holder thereof to make any necessary changes in or reasonable extensions of facilities and service in or to any portion of the city, which in the judgment of the city council may be necessary and proper (subject to the terms and conditions of any franchise). The city reserves the right to prevent the making of unnecessary or unprofitable extensions. (Amend. of 11-8-05, Prop. No. 9)

   No person, firm, corporation, or other business entity enjoying any franchise to operate a public utility within the City of Dallas shall ever make any charge or fix any rate for public service to its patrons or the inhabitants of the City of Dallas without first being authorized by the city council by an ordinance or order approving the same, and no public utility shall contest any rate or charge or order fixed by the city council under the authority otherwise conferred in the charter of the city, in any suit or cause of action in any court until after such utility has filed a motion for a rehearing with the city council specifically setting out the grounds of complaint against any such order or ordinance fixing any rate or charge and until the city council shall have passed upon the motion for rehearing, provided that if the council has not acted within 60 days, the motion shall be deemed overruled. This section does not apply to a person, firm, corporation, or other business entity engaged in the business of solid waste pickup, solid waste hauling, solid waste recycling, or solid waste disposal. (Amend. of 11-8-05, Prop. No. 9)

   In order to ascertain the true amount of gross receipts, capital invested, property value, depreciation and expenses, or any other fact connected with or relating to the business done by such franchise holder, the city council shall have full power:

      (1)   to examine, or cause to be examined, at any and all reasonable times, the books, papers and records of the franchise holder;

      (2)   to take testimony and compel the attendance of witnesses and the production of books, papers and records and to examine witnesses under oath, under such rules and regulations as the city council may adopt;

      (3)   to examine the physical properties and facilities of the franchise holder at all reasonable times;

      (4)   to declare the franchise or privilege enjoyed by the holder in default, annulled and terminated in the event the holder should unjustifiably refuse to permit the inspection of books, papers, records or properties, or if any officer, agent or employee of such franchise holder unjustifiably refuses to give testimony when requested by the city council.

   Every public service franchise holder shall furnish and provide equal and uniform service alike to all persons, firms, corporations, and other business entities in the City of Dallas. It shall be unlawful and a sufficient ground for forfeiture of any franchise for any such holder, after notice, to grant free service or furnish better service, or to furnish service for a lower price or rate, conditions or quantity of service considered, to any person, firm, corporation, or other business entity, than to other persons, firms, corporations, or other business entities under like circumstances, or to otherwise discriminate in the manner of rates or service, except as may be provided by state law. Any such public service franchise holder may, from time to time, with the consent and approval of the city council, adopt the schedules governing rates, conditions or quantities of service considered, and allow the applicants to choose between alternative schedules. No such schedule shall be operative, nor shall service be furnished in accordance therewith, until filed with and approved by the city council. (Amend. of 11-8-05, Prop. No. 9)

   Upon proof being received by the city council that the provisions of a franchise previously granted are being violated, it shall at once cause an investigation to be made of the alleged violation. If the city council is of the opinion that the provisions of the franchise are being violated, it shall instruct the city attorney to take the necessary steps to secure compliance with the terms of the franchise. Should the franchise holder fail to comply, after notice, then the city attorney may take the steps authorized by law including forfeiture of the same.

   The city council shall provide for a fair hearing to any person, firm, corporation, or other business entity enjoying a public service franchise in the City of Dallas, prior to the change in the rates, rules, or regulations applicable to such franchise. In fixing or changing the charges, rates, fares, or compensation, or determining the reasonableness thereof, no stocks or bonds authorized or issued by any corporation, nor any indebtedness created by any person, firm, corporation, or other business entity, enjoying a franchise, shall be considered unless upon proof that the stocks, bonds, or indebtedness have been actually issued for money paid and used in the reasonable development of the property of the franchise holder, for labor done or property actually received in accordance with the laws and constitution of the state applicable thereto. No hearing shall be required for a reduction in rates unless requested in writing by an interested person, firm, corporation, or business entity. (Amend. of 11-8-05, Prop. No. 9)

   The city shall have the power through eminent domain proceedings to acquire any public utility operating with or without a franchise and furnishing a public service to the citizens of Dallas. The procedure to be used in the acquisition of such property shall be that as set forth in Chapter 21 of the Texas Property Code, as amended, and other applicable state law. In valuing the property, the measure of damages shall be the fair market value of the physical properties together with its franchise, if any, taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the city in a franchise ordinance. (Amend. of 11-8-05, Prop. Nos. 9 and 13)

   Prior to the purchase of any existing franchised public utility system, either according to the terms of the franchise or by eminent domain, the city council must submit the question of the purchase to the qualified voters of the City of Dallas, and the same must be approved by a majority of those voting in the election.

   The city council shall have the power by ordinance to grant to any owner of property abutting upon the streets or other property of the city, the use thereof or to go over or under the same in any manner which may be necessary or proper to the enjoyment of said abutting property by the owner; provided, however, that such use be not inconsistent with, and does not unreasonably impair the public use to which said street or other public property may be dedicated, or the use being made of the same by a public service franchise holder from the city. The city council shall fix the terms and conditions of any such grant and the time for which it shall exist. Whether expressed or not, the right is expressly reserved to the city, acting through the city council, to terminate such license when deemed inconsistent with the public use of the property of the city and when the same may become a nuisance.

   The city council shall have the power to grant minor or temporary privileges in the streets, public ways and public places of the city by ordinance or resolution. Such permit shall be unconditionally revocable at the will of the city council and shall not be deemed to be a franchise as used in this Charter.

(Renamed and Renumbered by Amend. of 6-12-73, Prop. No. 43)

      (2)   ADOPTION. Upon receipt from the city manager of a proposed comprehensive plan or proposed modification of the existing plan, the city council shall hold a public hearing on the proposed comprehensive plan or modification thereof and shall thereafter adopt it by ordinance, or reject the same.

      (3)   EFFECT. The comprehensive plan shall serve as a guide to all future council action concerning land use and development regulations, urban conservation and rehabilitation programs and expenditures for capital improvements. (Renumbered by Amend. of 6-12-73, Prop. No. 43; Amend. of 11-4-14, Prop. No. 9)

   The council may by ordinance provide for urban redevelopment, rehabilitation and conservation programs for:

      (1)   the alleviation or prevention of slums, obsolescence, blight or other conditions of urban deterioration; and

      (2)   the achievement of the most appropriate use of land. (Renumbered by Amend. of 6-12-73, Prop. No. 43)

   The city council shall appoint 15 qualified voters of the City of Dallas who shall constitute the zoning commission of the City of Dallas, and shall be the city plan commission as the same is referred to by state statute for the approval of plats and subdivisions. The members shall possess the same qualifications and be subject to the same disqualifications as provided by the Charter for members of the city council, or general laws of the State of Texas. The city council shall name one of the members to be the chair and one to be the vice chair. (Renumbered by Amend. of 6-12-73, Prop. No. 43; Amend. of 11-8-05, Prop. No. 13)

   The zoning commission shall:

      (1)   Adopt, subject to approval of the city council, such rules and regulations as they deed best to govern their actions, proceedings and deliberations, including the time and place of meeting.

      (2)   Upon application made, advertise and hold public hearings on zoning or changes in zoning, and make recommendations thereon to the city council.

      (3)   Act as an advisory body to the city council in relation to any changes in the boundaries of the various original districts and any changes in the zoning ordinances and regulations to be enforced therein. Such recommendation shall be made after advertisement of and a public hearing held thereon. Notice of such public hearing shall be published at least one time in a newspaper of general circulation in the city at least 10 days prior to the date of said hearing, or as otherwise provided by state law or this charter.

      (4)   Administer provisions of state law regarding the platting and recording of subdivisions and additions, and in connection therewith, to require the owners and developers of land who desire to subdivide, plat or replat land for urban development, to provide for building setback lines, to dedicate streets, alleys, parks, easements or other public places of adequate width and size; to coordinate street layouts and street planning with the city and with other municipalities, and to coordinate the same with the county, state and federally designated highways, as they may deem best in the interest of the general public. In connection with the planning and the platting of property, the zoning commission shall have the power to consider the character of development or land use contemplated by the proposed platting and the zoning of the property, and require off-street parking, streets and alleys of adequate width to be provided for that purpose.

      (5)   Make recommendations to the city manager and the city council on matters affecting the physical development of the city.

      (6)   Advise and make recommendations on the comprehensive plan and the implementation thereof as may be requested by the city manager and the city council.

      (7)   Exercise all other responsibilities as may be provided by law. (Renumbered by Amend. of 6-12-73, Prop. No. 43; Amend. of 8-12-89, Prop. No. 9)

   The action of the zoning commission in requiring the dedication of streets, alleys and public places shall not amount to an acceptance of said dedication, nor estop the city council to deny the same. Acceptance of all dedications shall be by action of the city council, or when the city council shall have made actual appropriation of the same by entry, use or improvement. (Renumbered by Amend. of 6-12-73, Prop. No. 43)

   In addition to the zoning commission, the city council may by ordinance provide for an urban development commission. The ordinance creating the same shall state how the body shall be constituted, the qualifications of the members and the duties of the same. (Renumbered by Amend. of 6-12-73, Prop. No. 43)

   (Repealed by Amend. of 11-4-14, Prop. No. 9)

   The city council shall by ordinance adopt a thoroughfare plan. A thoroughfare plan now in existence or hereafter adopted by the city council shall not be changed except by an ordinance duly adopted after a public hearing as herein provided.

   Prior to any change in a thoroughfare plan, the city council shall hold a public hearing. Written notice of all public hearings before the city council on proposed changes in the thoroughfare plan shall be sent to owners of real property lying within 200 feet of the area of the proposed change, such notice to be given, not less than 10 days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. (Amend. of 1-17-81, Prop. No. 3)

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   There is hereby created and established a civil service board to be composed of seven members who shall be qualified taxpaying citizens of the City of Dallas and a number of adjunct members equal to the number of members on the city council who shall have qualifications established by the city council. Biennially in September of each odd-numbered year, the city council shall appoint the members and adjunct members to serve for two years and until their successors have been appointed and qualified, and the mayor shall designate one member as chair subject to confirmation by a majority of the city council. The adjunct members shall not have voting privileges on matters to be determined by the civil service board but shall perform such duties as prescribed for them by this Charter. The members and adjunct members of the civil service board shall not hold any other position under the city, county, or state government. The city council may remove any member or adjunct member of the board. Any vacancies on the board must be filled by the city council for the unexpired term. (Amend. of 4-2-83, Prop. No. 7; Amend. of 4-6-85, Prop. No. 4; Amend. of 8-12-89, Prop. No. 1; Amend. of 5-1-93, Prop. No. 8; Amend. of 11-8-05, Prop. No. 7)

   (a)   Immediately after appointment, the board shall organize by electing one of the members vice chair. The board shall also appoint a secretary, who shall not be a member or adjunct member of the board. The secretary shall serve as director of the civil service department of the city and employ such assistants and employees to positions as the city council may establish.

   (b)   The secretary of the board shall serve for a period of two years from the date of appointment or until a successor is appointed and qualified, unless sooner discharged by the board. The secretary shall be appointed by a majority of all of the members of the board and may not be discharged during the term of office except by a two-thirds vote of all of the board members. The secretary shall receive such compensation as is fixed by the board. (Amend. of 4-2-83, Prop. No. 7; Amend. of 5-3-97, Prop. No. 8)

   (a)   The civil service of the city is divided into the “unclassified” and “classified” service.

   (b)   The unclassified service shall include:

      (1)   the directors of departments, assistant directors of departments, and other managerial personnel as designated by rules of the board;

      (2)   the municipal court clerk and the secretary of the civil service board; and

      (3)   the labor class, which shall include all ordinary unskilled labor.

   (c)   The classified service shall include all positions not exempted or otherwise designated according to the Charter. There shall be in the classified service two classes to be known as the “competitive class” and the “noncompetitive class,” as follows:

      (1)   The competitive class shall include all positions and employment for which it is practical to determine the merit and fitness of the applicant by competitive examination.

      (2)   The noncompetitive class shall consist of all positions designated to respond to special needs identified by directors of departments and approved by the board or positions requiring peculiar and exceptional qualifications or management accountability as may be determined by the rules of the board. (Amend. of 4-2-83, Prop. No. 7; Amend. of 11-8-05, Prop. No. 5)

   (a)   The civil service board, subject to the approval of the city council, shall:

      (1)   adopt, amend, and enforce a code of rules and regulations providing for appointment and employment in all positions in the classified service, which shall have the force and effect of law;

      (2)   adopt rules regulating reduction of force of employees and in what order they shall be dismissed and reinstated; and

      (3)   make investigation concerning the enforcement and effect of this section of the Charter and of the rules adopted under the powers granted in this section.

   (b)   The rules as adopted shall provide for the following:

      (1)   Notice of no less than seven days of any public meeting of the board.

      (2)   A lapse of 15 days between a recommended change in the rules by the board and action by the city council.

      (3)   Notice to all department heads and through them to their employees regarding any recommended changes.

      (4)   No changes in the rules shall become effective without complying with the notice provisions as stated in this section.

   (c)   If the civil service rules or any rule adopted by the civil service board, the civil service trial board, or an administrative law judge, and approved by the city council, conflicts with a provision of this Charter or the personnel rules adopted by ordinance of the city council, then this Charter and the personnel rules will prevail.

   (d)   The civil service board shall make an annual report to the city council at the end of each fiscal year, giving a complete statement of the board’s activities and containing such recommendations with regard to improving the efficiency of the civil service as it may deem advisable. (Amend. of 6-12-73, Prop. No. 29; Amend. of 11-8-05, Prop. No. 5)

   The board shall provide for examination in accordance with its code of rules and regulations, and maintain lists of eligibles to each class of the service of those meeting the requirements of said regulations. Positions in the classified service shall be filled from such eligible lists upon requisition of the city manager.

   (a)   The board shall provide for promotion to all positions in the classified service on the basis of merit and fitness demonstrated by examination or other appropriate evidences of competition and by records of merit, efficiency, character, conduct, and seniority.

   (b)   The board shall also provide for incumbents of ranks or grades that have been eliminated by departmental reorganization:

      (1)   to be reassigned to other positions; and

      (2)   to receive no reduction in compensation for a period not to exceed two years.

   (c)   The board may, but is not required to, provide for reassignment in the case of:

      (1)   reduction in force; or

      (2)   removal or reduction for cause under standard civil service hearing and appeal procedures.

   (d)   Subsection (b)(2) does not apply to a reassignment made under Subsection (c). (Amend. of 6-12-73, Prop. No. 30; Amend. of 4-6-85, Prop. No. 3; Amend. of 5-1-93, Prop. No. 8)

   It shall be the duty of the board, in the code of rules and regulations approved by the council, to establish rules governing evaluation of conduct and performance and requiring remedies for nonperformance for positions in the civil service. (Amend. of 4-2-83, Prop. No. 7)

   In any investigations conducted by the board, it shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation and to administer oaths to such witnesses.

   The legal department, the city manager’s office, the city auditor’s office, the city secretary’s office, the library department, the park and recreation department, the radio department, municipal court judges, and the city council office staff are exempted from the provisions applicable to the civil service. (Amend. of 5-3-97, Prop. No. 8; Amend. of 11-8-05, Prop. Nos. 3 and 5)

   (a)   Appointments or promotions of city officers and employees in the classified and unclassified service shall not be deemed complete until a period of six months shall have elapsed. A probationer may be discharged, suspended or reduced within said period by the city manager, or the head of the department in which said probationer is employed without right of appeal.

   (b)   Probationary periods may be extended under civil service rules or personnel rules to allow six months on-the-job work performance or completion of any written prerequisites to employment. (Amend. of 4-2-83, Prop. No. 7)

   (a)   Any classified or unclassified officer or employee may be removed, laid off, or reduced in grade by the city manager, or the head of the department in which the officer or employee is employed, after the six months’ probationary period has expired. The officer taking the action shall, upon request, furnish the discharged or reduced officer or employee with a written statement of the reasons for the action. The discharged or reduced officer or employee shall have the right to demand a public hearing upon the charges, within a reasonable time after notice of the action, before the trial board as provided by this Charter. This right of appeal does not apply to department directors, assistant department directors, and other managerial personnel designated by the city council, or to employees in departments exempted from the provisions applicable to the civil service.

   (b)   An officer or employee who has been disciplined by the head of any department under the city manager shall have five days from receipt of notice of such action within which to demand, in writing, a hearing before the city manager. At the hearing, the city manager shall inquire into the cause of the disciplinary action and render a decision either affirming the action of the department head, setting aside the action of the department head, or directing the department head to enter a new order that the city manager determines is just and equitable. Notwithstanding any other provision of this Charter, the city manager is not limited in determining the extent of any discipline ordered. The decision of the city manager is final unless the disciplined officer or employee exercises any right to a public hearing before the trial board as provided by this Charter. This right of appeal does not apply to department directors, assistant department directors, and other managerial personnel designated by the city council, or to employees in departments exempted from the provisions applicable to the civil service. (Amend. of 4-2-83, Prop. No. 7; Amend. of 5-1-93, Prop. No. 8; Amend. of 11-8-05, Prop. No. 5)

   (a)   There is hereby created for the purpose of hearing and determining charges made against any officer or employee of the city, classified or unclassified, who has been discharged or reduced in grade, a board to be known as the trial board, which shall be composed of one member of the civil service board as designated by the chair and two adjunct members of the civil service board as designated by the chair. The civil service board shall designate a secretary to the trial board.

   (b)   The trial board has final jurisdiction to hear and decide all appeals made to it by any discharged or reduced officer or employee. The judgment or decision of a majority of the trial board is final, unless the decision is appealed by either party within one year to the district court of the State of Texas, in which hearing the matter must be decided based upon the review of the record of the trial board hearing. An appeal by the city of a trial board decision to district court must be approved by the city manager and city attorney. An appeal by either party to district court does not suspend the execution of the trial board order being appealed. The prevailing party in an appeal to district court is entitled to reasonable attorney’s fees incurred from the date the trial board order is issued.

   (c)   Any aggrieved officer or employee who desires to appeal to the trial board must do so in writing within 10 working days from the date of notification of dismissal or reduction. The aggrieved officer or employee has the right to be represented by counsel, to have an open hearing, and to compel the attendance of witnesses to testify for the aggrieved officer or employee. The appeal to the trial board does not suspend the execution of the order being appealed. The trial board, by majority vote, or the administrative law judge may either sustain, reverse, modify, or amend the disciplinary action as is determined just and equitable, provided that the disciplinary action must be sustained if a reasonable person could have taken the same disciplinary action against the employee. (Amend. of 6-12-73, Prop. No. 31; Amend. of 4-2-83, Prop. No. 7; Amend. of 4-6-85, Prop. No. 4; Amend. of 5-1-93, Prop. No. 8; Amend. of 11-8-05, Prop. No. 5; Amend. of 11-4-14, Prop. No. 9)

   (a)   Instead of appealing to a trial board as provided in Section 12 of this chapter, an officer or employee of the city, classified or unclassified, who has been discharged or reduced in grade may appeal to an administrative law judge in accordance with procedures established by ordinance.

   (b)   A person who appeals to an administrative law judge shall pay one-half of the costs attributed to having the administrative law judge conduct the appeal hearing. (Amend. of 8-12-89, Prop. No. 10)

   All appointments and promotions of city officers and employees, including classified and unclassified positions and positions exempt from the civil service, shall be made solely on the basis of merit and fitness.

   The city council shall provide a system of personnel rules and regulations for all employees which shall include:

      (1)   a description of employment positions;

      (2)   methods of determining merit and fitness;

      (3)   hours of work, attendance regulations, provisions for sick leave and provisions for vacation leave;

      (4)   a plan of equitable pay scales;

      (5)   policies regarding in-service training programs;

      (6)   grievance procedures; and

      (7)   other conditions of employment.

   (Repealed by Amend. of 4-3-76, Prop. No. 6)

   (a)   No person shall be appointed, reduced, removed, or in any way favored or discriminated against because of race, color, age, religion, marital status, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, military or veteran status, sex, political opinions or affiliations. No officer or employee of the city shall directly or indirectly, in any way be required to contribute to any political campaign, political party, organization which supports candidates for public office, or for any partisan political purpose whatsoever.

   (b)   To avoid undue influence of city employees on the outcome of city council elections and to avoid undue influence of city council members or candidates for city council on city employees, the following restrictions are imposed:

      (1)   No employee of the city or association of such employees may publicly endorse or actively support candidates for the city council or any political organization or association organized to support candidates for the city council.

      (2)   No employee of the city may circulate petitions for city council candidates, although an employee may sign such a petition.

      (3)   No employee of the city may contribute, directly or indirectly or through an organization or association to such a campaign nor solicit or receive contributions for a city council candidate.

      (4)   No employee of the city may wear city council campaign buttons nor distribute campaign literature at work or in a city uniform or in the offices or buildings of the City of Dallas.

   (c)   In elections other than for city council of the City of Dallas, an employee of the city may not:

      (1)   use the prestige of the employee’s position with the city for any partisan candidate;

      (2)   manage a partisan political campaign;

      (3)   solicit or receive contributions for such a campaign; or

      (4)   actively support a candidate except on the employee’s own time while not in a city uniform nor in an office or building of the City of Dallas.

   (d)   Notwithstanding any conflict with Subsections (b) and (c) of this section, a sworn employee of the fire-rescue department or the police department may engage in political activities to the extent permitted by law. (Amend. of 6-12-73, Prop. No. 32; Amend. of 8-12-89, Prop. No. 11; Amend. of 11-8-05, Prop. No. 10; Amend. of 11-4-14, Prop. No. 9)

   No person shall willfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment under the personnel system or civil service provisions of this Charter or the rules and regulations made under those provisions, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules, and regulations. No person who seeks appointment or promotion with respect to any city position shall directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or in connection with a test, appointment, proposed appointment, promotion, or proposed promotion. (Amend. of 11-8-05, Prop. No. 13)

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   There is hereby created a park and recreation department of the City of Dallas which shall be administered by the park and recreation director under the supervision of the park and recreation board as hereinafter set out.

   (a)   The city council shall appoint a number of qualified voters of the city equal to the number of members on the city council who shall constitute the park and recreation board of the city. The members shall possess the same qualifications and be subject to the same disqualifications as provided by the Charter for members of the city council, or by general laws of the State of Texas, and shall serve without compensation.

   (b)    All members of the board shall be appointed by the city council, in accordance with Chapter XXIV, Section 13 of this Charter, as are other boards and shall serve for like terms, as provided by this Charter. The mayor shall appoint the president of the board from among the members appointed by the city council, subject to confirmation by a majority of the city council. (Amend. of 8-12-89, Prop. No. 1)

   Any vacancy in the membership of said board shall be filled by the city council for the unexpired term of the member whose place has by removal or otherwise become vacant.

   (a)   The park and recreation board shall have jurisdiction over the control, management and maintenance of the public parks of the city, with power to acquire, in the name of the city, land for park purposes, except as herein otherwise provided. The city council must approve:

      (1)   any purchase of land;

      (2)   any contract requiring council approval under rules established by ordinance; and

      (3)   any lease or agreement with a term exceeding one year.

   (b)   Any purchase of supplies or contracts, including emergency purchases, shall be made in accordance with the rules and regulations adopted by the city council.

   (c)   The park and recreation board shall have the following general powers, duties and authority which shall be exercised and performed as herein provided and in accordance with the Charter and general ordinances of the city, as follows:

      (1)   to the extent required by rules and regulations adopted by the city council, to control and manage all property owned, or that may hereafter be acquired by the city for park purposes; all public properties, on which there is a joint use agreement with other public or private entities for recreational purposes; all public properties used jointly with other departments of the city for recreational purposes; and all other grounds and properties that may be assigned to them by the city council for control, maintenance or management;

      (2)   to manage, maintain and repair all buildings and equipment in the park system;

      (3)   to establish all rules and regulations for the protection of rights and property under the control of the said board for use, care, maintenance and management of all parks and the activities conducted therein;

      (4)   to conduct playgrounds and recreational facilities on the grounds and in the buildings in charge of the board; to supervise and equip playgrounds and play fields and manage and direct the same; and provide such other means and methods of recreation as it may deem advisable;

      (5)   to have authority to make such charges for such facilities of amusement, entertainment, refreshment or transportation of the public upon the park properties, and to grant or lease concession rights within the parks on such terms and conditions as it shall deem proper;

      (6)   to plant, set out, place, protect and care for flowers, vines, shrubs and trees to adorn and improve the public squares, grounds, boulevards, streets, avenues, parkways or other spaces within the city;

      (7)   to provide for an animal zoo and to exercise supervision and control thereof;

      (8)   to enforce all ordinances, rules and regulations governing parks and boulevards and such recreation centers, grounds and areas as have been or may hereafter be established, and to provide for the policing of same;

      (9)   to take and hold by purchase, gift, devise, bequest or otherwise, such real and personal property as may be useful or needful in connection with park purposes and to administer the same according to the provisions of the instrument of conveyance;

      (10)   in acquiring lands for the use of the park system, to exercise the rights of condemnation available to the city and in the name of the city;

      (11)   with the approval of the city council, when required by law, to sell and convey or lease lands whenever required in the interest of the city;

      (12)   to make all contracts necessary to carry out the objects and purposes of the park system as herein provided, the same to be approved by the city council as herein set out;

      (13)   when deemed advisable, to provide for park and recreation facilities on all public lands adjacent and recreational activities conducted on, the municipal water reservoirs of the city, and to provide for the maintenance, control and policing of same where not otherwise provided for, whether located within or without the city limits of the city;

      (14)   to enter into agreements with other park and recreation departments of other municipalities, school districts, the county or other governmental bodies, for joint administration and control and supervision of facilities jointly administered;

      (15)   to the extent required by rules and regulations adopted by the city council, to contract for the use of Fair Park, acquired and now owned by the city, heretofore known as State Fair Grounds, or any portion of or addition thereto, for public affairs, public recreation, sports events, or other public events when conducted thereon, and also to provide for public entertainments of all kinds that may be lawfully conducted upon the premises, and to charge admission fees therefor. All contracts and agreements heretofore made with the city in relation to said grounds shall be binding upon and shall be observed by, said park and recreation board to provide for the direction and control by the board of the improvement and maintenance of said grounds and appurtenances subject to existing and future contract rights;

      (16)   to provide for, or to conduct public affairs, public recreation, sports events or other public events on any of the lands under the control and management of the park and recreation board;

      (17)   to maintain and manage any and all abandoned cemeteries as park properties when requested to do so by resolution of the city council, and after funds are appropriated by the council; and

      (18)   to contract with civic, historical, educational, improvement or other nonprofit organizations whose main objective is the aesthetic, cultural, educational or scenic improvement of the community. (Amend. of 4-2-83, Prop. No. 1; Amend. of 8-12-89, Prop. No. 12)

   The park and recreation department shall be composed of a director and the positions of assistants and such other employees as the council may provide upon the recommendation of the park and recreation board. The compensation to be paid to the employees of this department and the personnel rules and regulations to be followed shall be those established by the city council in conformity with standard schedules of compensation and personnel policies for all city employees.

   The park and recreation board may select such security personnel as it may deem necessary to protect the parks and property administered by the park and recreation board, either within or without the city limits. Such security personnel shall be commissioned as police officers, after clearance as to qualifications, by proper municipal authorities at the request of the board. Such persons shall be under the control of the park and recreation board and their compensation shall be fixed by the board. They shall be subject to removal or dismissal at the pleasure, and without cause, by the board. None of these provisions, however, shall be deemed to limit in any manner the authority of the police department of the city, or other peace officers, but shall be cumulative thereof. (Amend. of 5-3-97, Prop. No. 6)

   In the event of any conflict of jurisdiction arising between the park department and any other department of the city, or in regard to any administrative detail thereof, the same shall be referred to the city council and its decision thereon shall be final.

   The park and recreation board shall render to the city council such reports as may be required by the city council.

   All ad valorem tax funds and other funds appropriated by the city council for park purposes, and all sums received from other sources for park purposes, shall be held in the city treasury subject to the order and disbursement of the park and recreation board, and shall be paid out upon warrants issued by the park and recreation board signed by either the president of the board or the individual designated by the board and countersigned by the city controller. (Amend. of 4-2-83, Prop. No. 6; Amend. of 11-8-05, Prop. No. 8)

   All property purchased, acquired or given to the city, shall be taken in the name of the city, and if given, deeded or devised to the park and recreation department of the city, or to the park and recreation board of the city, shall be deemed to be the property of the city to be used for park purposes. All deeds, leases, conveyances and contracts on behalf of the park and recreation board of the city shall be signed by the president of the park and recreation board and attested by its secretary, in addition to the signatures necessary on behalf of the city as herein otherwise provided.

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   The city council shall evidence its official actions by written ordinances, resolutions or oral motion. The use of one method or the other shall not affect the validity of the action, except in those instances where one or the other is required by state law or this Charter.

   The style of all ordinances shall be: “BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS”, and the style of all resolutions shall be: “BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS.” In each case words of like import may be used, but such caption may be omitted when said ordinances are published in book form, or are revised and digested under the order of the council.

   All ordinances and resolutions of the city council, unless otherwise provided by state law, this charter, or the ordinance itself, shall be final on the passage or adoption by the required majority pursuant to one motion duly made, seconded and passed. Where the state law or this charter provides for a different procedure before the action of the council may become final, then in that event, the council shall follow the procedure required.

   The vote upon the passage of any ordinance, resolution or motion shall be taken by voice vote unless otherwise requested by a member of the city council, in which case a roll call vote shall be taken. The results of all voting shall be entered upon the minutes of the proceedings of the council. Every ordinance, resolution, or motion shall require on final passage the affirmative vote of a majority of the members present unless more is required by state law, this Charter, or ordinance. (Amend. of 6-12-73, Prop. No. 33; Amend. of 8-12-89, Prop. No. 13)

   All ordinances and resolutions passed by the city council shall become effective immediately from and after final publication, except in the following instances:

      (1)   where the state law or other provisions of this Charter provide otherwise, in which case the effective date shall be the earliest time therein prescribed;

      (2)   where the ordinance or resolution prescribes a different effective date;

      (3)   where an ordinance or resolution is adopted under the initiative and referendum provisions of this Charter, in which case the effective date thereof shall be immediately after the canvass of the election.

   The city secretary shall keep an accurate record of all actions taken by the city council and shall preserve each ordinance, resolution, and motion of the city council as permanent records of the city. (Amend. of 4-2-83, Prop. No. 3)

   The descriptive caption or title of each ordinance stating in summary the purpose of the ordinance and the penalty for violation of the ordinance, shall be published at least once in a newspaper of general circulation in the city, unless otherwise provided by state law or this Charter, in which event the specific provisions shall be followed. (Amend. of 11-8-05, Prop. No. 11)

   The city council shall have power to cause the ordinances of the city to be printed, in code form, and shall have the same arranged and digested as often as the council may deem advisable; however, failure to print the ordinances as herein provided shall not affect the validity of the same.

   In all judicial proceedings, it shall be sufficient to plead any ordinance by caption, or by the number of sections thereof wanted, and it shall not be necessary to plead the entire ordinance or section. All ordinances of the city when printed and published and bearing on the title page thereof “Ordained and Published by the City Council of the City of Dallas,” or words of like import, shall be prima facie evidence of their authenticity and shall be admitted and received in all the courts and places without further proof.

   The approval or signature of the mayor shall not be necessary to make an ordinance or resolution valid.

   Any proposed ordinance may be submitted to the city council in the form in which the petitioner desires the ordinance to be passed, by a petition filed with the city secretary in the following manner:

      (1)   A committee of at least five registered voters of the City of Dallas must make application to the city secretary and file an intention to circulate a petition, giving the date and the proposed ordinance to be circulated. Unless the final petition, with the required number of signatures is returned within 60 days from this date, it will not be received for any purpose.

      (2)   The petition must contain the names of a number of qualified voters in the city equal to 10 percent of the qualified voters of the City of Dallas as appears from the latest available county voter registration list.

      (3)   The petition must comply in form, content, and procedure with the provisions of Section 12, Chapter IV of this Charter. (Amend. of 4-2-83, Prop. No. 2; Amend. of 5-1-93, Prop. No. 6)

   Within 30 days after the date the petition is filed, the city secretary shall examine and ascertain whether or not the petition is signed by the requisite number of qualified voters and shall attach to the petition a certificate showing the result of the examination. If the petition is found to be sufficient, the city secretary shall submit the petition to the city council without delay. (Amend. of 4-2-83, Prop. No. 2; Amend. of 5-1-93, Prop. No. 6)

   If the petition, properly signed, is presented to the city council, the council shall either:

      (1)   pass the ordinance without alteration within 20 days after the attachment of the city secretary’s certificate of sufficiency to the accompanying petition (subject to referendary vote under provisions of this Charter); or

      (2)   after the attachment of the city secretary’s certificate of sufficiency to the petition accompanying the ordinance, promptly call a special election, at which the ordinance, without alteration, shall be submitted to a vote of the people. (Amend. of 11-8-05, Prop. No. 13)

   The ballots used when voting upon said ordinance shall be in a manner so as to apprise the voters of the nature of the proposed ordinance and contain two propositions so that they may vote either “for” or “against” the propositions indicating their preference on the ordinance. If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the city, and any ordinance proposed by petition, or which shall be adopted by a vote of the people, cannot be repealed or amended except by a vote of the people.

   Any number of proposed ordinances may be voted upon at the same election, in accordance with the provisions of this section of the Charter, but more than one special election shall not be held in any period of six months.

   The city council may submit a proposition for the repeal of any such ordinance or for amendments thereto, to be voted upon at any succeeding general city election, and should such proposition so submitted receive a majority of the votes cast thereon at such election, such ordinance shall be repealed or amended accordingly.

   Whenever any ordinance or proposition is required by the Charter to be submitted to the voters of the city at any election, the city secretary shall cause the ordinance or proposition to be printed in a newspaper of general circulation in the city and published once at least 10 days prior to election. (Amend. of 11-8-05, Prop. No. 11)

   The city council may adopt technical codes, manuals or other recognized standards by reference, so long as the same, with any amendments, are on file with the city secretary. When so adopted they shall be considered the same as though fully set out in the ordinance adopting the same.

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   All property, real, personal or mixed, lying and being within the corporate limits of the city on the first day of January, shall be subject to taxation, excepting such property as may be exempt from taxation under the Constitution, and the laws of the State of Texas. Pursuant to the Texas Tax Code, the chief appraiser of the appraisal districts of the counties in which the City of Dallas is located on or before the 25th day of July of each year shall make and return to the city council a full and complete list and assessment of all property, both real and personal, held, owned or situated in the city on the first day of January of each year and not exempt from municipal taxation. (Amend. of 4-2-83, Prop. No. 5; Amend. of 11-4-14, Prop. No. 4)

   The city council shall have full power to provide by ordinance for the prompt collection of taxes assessed, levied and imposed under the Charter, and is hereby authorized to enforce the collection of same against all property subject to taxation and the owners thereof as provided by law. Unless otherwise provided by ordinance and the Charter, all property in the city liable to taxation shall be assessed in accordance with the provisions of the general laws of the state insofar as applicable.

   If it is discovered that any real or personal property has been omitted from the tax appraisal rolls for the City of Dallas, the property will be added to the rolls and taxes, with any penalties and interest, will be assessed and collected on the property in accordance with the Texas Property Tax Code, as amended. (Amend. of 4-2-83, Prop. No. 5; Amend. of 5-3-97, Prop. No. 12)

   All rights, privileges, and franchises heretofore or hereafter granted to and held by any person, firm, corporation, or other business entity in the streets, alleys, highways, or public grounds or places in the city shall be subject to taxation by the city separately from and in addition to the other assets of such person, firm, corporation, or other business entity, and the city council may require the rendition and assessment thereof accordingly. (Renumbered by Amend. of 4-2-83, Prop. No. 5; Amend. of 11-8-05, Prop. No. 9)

   No irregularity in the time or manner of making or returning the city assessment rolls or the approval of such rolls shall invalidate any assessment. (Renumbered by Amend. of 4-2-83, Prop. No. 5)

   All property, real and personal, shall be rendered for taxation by the owner of the property or the owner’s agent, as provided by the laws of the state. (Amend. of 4-2-83, Prop. No. 5; Amend. of 11-8-05, Prop. No. 13)

   A lien is hereby created on all property, personal and real, in favor of the City of Dallas, for all taxes, ad valorem, occupation or otherwise. Said lien shall exist from January l in each year until the taxes are paid. Such lien shall be prior to all other claims, and no gift, sale, assignment or transfer of any kind, or judicial writ of any kind, can ever defeat such lien, but the tax assessor and collector may pursue such property, and whenever found may seize and sell enough thereof to satisfy such taxes.

   In the event that personal property of the taxpayer is delivered into the actual or constructive possession of a receiver, trustee, or other person because of insolvency, bankruptcy, receivership or otherwise, between January l and the date that the taxes are actually levied, then and in that event the amount of the taxes due shall be the same as was levied for the prior year for the same property and shall be secured by a lien in that amount.

   All persons or corporations owning or holding personal property or real estate in the city on the first day of January of each year shall be liable for all municipal taxes levied thereon for such year.

   The personal property of all persons owing any taxes to the city is hereby made liable for all of said taxes, whether the same be due upon personal or real property, or upon both. (Amend. of 4-2-83, Prop. No. 5)

   If anyone against whom a personal tax is assessed, which is due and unpaid, whether the tax is delinquent or not, has moved out of the city or is about to move out of the city, or has removed or is about to remove his or her personal property out of the city, it shall be the duty of the tax assessor and collector to proceed at once and collect such taxes by seizure and sale of any personal property of such person to be found in the city, or anywhere in the State of Texas. (Amend. of 4-2-83, Prop. No. 5; Amend. of 11-8-05, Prop. No. 13)

   All taxes shall be payable at the office of the tax assessor and collector, Dallas, Dallas County, Texas. No demand for such taxes shall be necessary but it is made the duty of the taxpayer to make payment of such taxes in cash within the time specified. (Amend. of 4-2-83, Prop. No. 5)

   A sale of personal property for delinquent taxes shall convey with it an absolute title, and the owner shall have no right to redeem the same. (Renumbered by Amend. of 4-2-83, Prop. No. 5)

   The city shall have the right to become a purchaser of property at tax sales, and the city manager or the person designated by the city manager, may attend such sales and bid on behalf of the city. (Renumbered by Amend. of 4-2-83, Prop. No. 5; Amend. of 11-8-05, Prop. No. 13)

   The owner of real estate sold for the payment of taxes, or the owner’s heirs or assigns or legal representatives, may redeem the property as provided by state law. If the real property is not redeemed within the time provided, then the title shall become absolute in the purchaser. (Renumbered by Amend. of 4-2-83, Prop. No. 5; Amend. of 5-3-97, Prop. No. 12)

   In any suit by the city for the collection of any delinquent tax where it shall appear that the description of any property in the city assessment rolls shall be insufficient to identify such property, the city shall have the right to set up in its pleading a good description of the property intended to be assessed, and to prove the same, and to have its judgment foreclosing its tax lien upon the same, and personal judgment against the owner, for such taxes, the same as if the property where fully described upon the assessment rolls. (Renumbered by Amend. of 4-2-83, Prop. No. 5)

   The provisions herein for the collection of taxes shall not be construed to prevent the city from filing suit in any court of competent jurisdiction for the collection of any taxes due on real estate, as well as personal property, and for the enforcement of levies for such taxes; and the assessment rolls shall be prima facie evidence of the facts stated in said rolls and that all taxes assessed on such rolls have been regularly levied and assessed in accordance with the provisions of this Charter and the state law; and no irregularity in the manner of levying or assessing taxes shall invalidate the same unless it appears from affirmative proof that such irregularity operated injuriously to the taxpayer attempting to avoid the payment of such tax. (Amend. of 4-2-83, Prop. No. 5)

   The city council shall have the power to levy, for general purposes, an annual ad valorem tax on all real, personal and mixed property within the territorial limits of the city, not exempt from taxation by the Constitution and laws of the State of Texas, based upon its true full value in money as provided by law, to the extent of the constitutional limit permitted by the State of Texas. (Renumbered by Amend. of 4-2-83, Prop. No. 5)

   Unless otherwise provided by this charter amendment and by ordinances passed thereunder, all property in such city liable to taxation shall be assessed and collected in accordance with the provisions of general laws of the state, insofar as applicable. (Amend. of 4-2-83, Prop. No. 5)

   The tax assessor and collector shall not be required to make separate assessments of individual, joint, common, or conflicting interest in any real estate, but the owner of such interest may furnish to the tax assessor and collector at any time before May 1 of each year, and not thereafter, a written description of any parcel of land in which the owner has an interest less than the whole, showing the amount of interest the owner has in the parcel, and the tax assessor and collector may assess such interest as a separate parcel and the remaining interest as a different parcel and proceed to fix the value of each. (Amend. of 4-2-83, Prop. No. 5; Amend. of 11-8-05, Prop. No. 13)

   The tax assessor and collector may receive the taxes on parts of any lots or parcels of real property or on an undivided interest therein, but no such taxes shall be received until the person tendering the same shall have furnished the tax assessor and collector a particular description of the particular part or interest on which payment is tendered, and the tax assessor and collector shall enter such specification in the name of the person paying and at the proper place in the assessment books, so that the part or interest on which payment has been made and the part or interest on which taxes remain unpaid may clearly appear. (Amend. of 4-2-83, Prop. No. 5)

   In addition to the powers herein conferred with reference to the assessment and collection of taxes, the City of Dallas shall have and may exercise all powers and authority now conferred or that may hereinafter be conferred upon cities by the general laws of the State of Texas. (Renumbered by Amend. of 4-2-83, Prop. No. 5)

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   All of the powers conferred by the State of Texas authorizing cities to improve streets and alleys and make assessments for those improvements, as set forth in Chapters 311 and 313 of the Texas Transportation Code, as amended, are hereby adopted as the methods and procedures to be used for street and sidewalk improvements and assessments in the City of Dallas. In addition to the methods and procedures set out in those statutes, the city council shall have the option, as an alternative, to use any of the methods and procedures as set forth in this chapter. (Amend. of 5-3-97, Prop. No. 9)

   The city council shall have power by ordinance to order the making of the public improvements mentioned in this chapter, or any of them, and the passage of such ordinance shall be conclusive of the public necessity and benefits of making the improvements. Notice of the ordinance and a public hearing must be provided as required by state law. The ordinance must, in general terms, set forth the nature and extent of the improvements to be made, the section or sections of any highway or highways to be improved, and whether or not assessments are to be made for such improvements. The city secretary shall, immediately upon the passage of the ordinance, furnish a copy to the county clerk, as provided in Chapter 313 of the Texas Transportation Code, as amended, to be filed as therein provided. In addition, the city secretary shall furnish a copy of the ordinance to the tax assessor and collector, who shall indicate upon any tax statement thereafter issued covering property abutting upon that part of the highway or highways to be improved that the proceeding is pending. Any failure by the city secretary to furnish a copy of the ordinance to the tax assessor and collector, or any failure by the tax assessor and collector to indicate the pendency of such a proceeding upon a tax statement, shall not affect the validity of the proceeding under this chapter, nor of any assessment thereafter levied pursuant to this chapter. (Amend. of 5-3-97, Prop. No. 9; Amend. of 11-4-14, Prop. No. 9)

   When the city council shall have reason to believe that the owner or owners of any property may successfully claim the same as exempted from the enforcement of a lien, said city council may order that the improvement shall not be made in front of, or abutting on, said property unless the owner or owners shall first make satisfactory provision for, or satisfactorily secure, the payment of the amount of the costs which would be assessed against said property except for such exemption. In any case where the cost, or any part thereof, is to be paid by such property owners or assessed against their property and the contractor to whom their work is let is required to look primarily or wholly to such property or owners thereof for payment of the proportion of the cost of such improvement assessed against them, and the city is relieved from the payment of such proportion of the cost, such contractor shall not be obliged to make such improvement in front of any property which is exempt from the enforcement of a lien for such improvement, but may omit the construction thereof.

   Subject to the provisions hereof the city council may order improvements to be made on only one side of a highway or highways, or section or portion thereof, and may assess the cost or a portion thereof against the property and owners of property abutting on said side of said highway or highways or section or portion thereof.

   The city council may provide that for that part of the cost which may be assessed against abutting property and its owners, the contractor to whom the work may be let shall look only to such property owners and their property, and that the city shall be relieved of liability for such portion of the cost. The city council may also authorize assignable certificates payable to the city or the purchaser thereof, against abutting property or property owners, or against persons, firms or corporations occupying highways with their tracks, to be issued to the contractor, and shall prescribe the form and terms of such certificates. The recital of such certificates that the proceedings with reference to making such improvements have been regularly had in compliance with the terms hereof, and that all prerequisites to the fixing of the lien and the claim of personal liability evidenced by such certificate have been performed, shall be prima facie evidence of the fact so recited and no other proof thereof shall be required, but in all courts the said proceedings and prerequisites shall, without further proof, be presumed to have been made or performed. Such certificates shall be executed by the mayor and attested by the city secretary with the corporate seal affixed thereto.

   The city shall never be liable to any contractor or other person, firm or corporation doing work in connection with any street paving, or the opening and widening of streets, or the building of any drains or storm sewers, or the laying of sanitary sewers or any other character of public improvement, whereby a part or the whole of the cost thereof is to be paid for by special assessment, on account of the failure of any officer of the government or the members of the council to pass suitable ordinances or resolutions to take necessary steps to fix liens, or to make said assessments, or to issue certificates therefor, or to provide for reassessment on account of the invalidity of any lien attempted to be fixed, or any failure or omission with respect thereto.

   As an alternate method of paving and improving streets, alleys, and sidewalks, the city shall have the power and authority to adopt plans and specifications for such improvements in accordance with the procedure prescribed in Chapter 313 of the Texas Transportation Code, as amended. The city shall also have the power to pay to the contractors, the successful bidder, that part of the cost that may be assessed against the owners and their property abutting on such improvements in cash, and the city may reimburse itself for the amount by levying an assessment against the abutting owners and their property, after a hearing and notice, as provided in Chapter 313 of the Texas Transportation Code, as amended, up to the amount of the enhancement in value represented by the benefits and permitted by that statute, and issue assignable certificates in favor of the city for the assessment. The certificates shall be enforceable in the same manner as provided by Chapter 313 of the Texas Transportation Code, as amended. The city shall likewise have the power to do the improvement by its own forces if, in the opinion of the city council, the work can be done more expeditiously or economically. (Amend. of 5-3-97, Prop. No. 9)

   The provisions of Chapter 314 of the Texas Transportation Code, as amended, relative to condemnation for highways and the levying of special assessments to defray the cost thereof, are hereby adopted as an alternative method for the assessment and payment of such costs. (Amend. of 5-3-97, Prop. No. 9)

   No property of any kind, church, school or others, in the city shall be exempt from any of the special taxes and assessments authorized by this Charter for local improvements.

   (a)   Wherever any creek, waterway, bayou, or other public drain or any part thereof is diverted or changed in its course, in accordance with the drainage system adopted, and wherever property is reclaimed, improved, or otherwise specially benefitted by reason of such diversion or alteration, or whenever, by reason of the laying of any storm sewer or the establishment of any drainage system, property is specially benefitted, it shall be liable to be assessed therefor to the extent the property is specially benefitted, and all of the provisions relative to the opening and widening of streets or other laws and the assessment of property therefor and the making of a personal charge against the owners of such property specially benefitted, and the issuance of assignable certificates therefor, shall govern as far as practicable the procedure relating to the character of improvements contemplated in this section, particularly where condemnation of land is necessary to accomplish the building and construction of the drainage system. Such assignable certificates may be spread over a period of 15 years, according to such terms as may be authorized by the city council.

   (b)   The city council, in carrying out this power, may pass all suitable ordinances or resolutions in order to carry out and effectuate the purposes of this section and adopt such assessment plans as it may deem advisable, it being one of the purposes of this section that the city council may create drainage districts and seek to reclaim property that is now affected by rivers, creeks, bayous, waterways, and other public drains, or any part thereof, and the property that may be located in the vicinity of or in the territory that is specially benefitted by reason of such alteration or change of any such river, creek, bayou, waterway, or other public drain or any part of any river, creek, bayou, waterway, or other public drain, may be specially assessed for the special benefits received by it by reason of the changing, abolition, modification, or discontinuance of such river, creek, bayou, waterway, or other public drain or any part thereof.

   (c)   Provision may be made for the regulation and control of private drains, as well as for the levying of special assessments therefor, as herein provided for. In addition the city may exercise all of the rights granted by Chapter 372, Subchapter B of the Texas Local Government Code, as amended. (Amend. of 11-8-05, Prop. No. 13)

   All of the powers conferred by applicable state laws, authorizing cities to improve their waterworks and sanitary sewer systems and to make assessments therefor, are hereby adopted in all respects insofar as they may apply to the City of Dallas. Insofar as it is allowable under the state law, the city council shall have the option as an alternative to use any other methods of obtaining the same services and improvements as may be provided by state law. (Amend. of 11-8-05, Prop. No. 13; Amend. of 11-4-14, Prop. No. 9)

   The power is further conferred upon the city to construct underground or subterranean public improvements, vehicular or pedestrian tubes, tunnels, or subway streets or other public subsurface facilities, and to provide that the cost of making any such improvements shall be paid for by the property owners owning property in the territory specially benefitted in enhanced value by reason of making such improvements. A personal charge shall be made against such owners and a lien shall be fixed by special assessment against any such property. The city may issue assignable or negotiable certificates, as it deems advisable, covering such cost, and may provide for the payment of such cost in deferred payments and fix the rate of interest not to exceed eight percent. It may provide for the appointment of special commissioners for the making or levying of said special assessments, or may provide that the same may be done by the city council. The rules and regulations shall be the same as those applicable in the assessing for the improving of a street, as nearly as practicable.

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   The city shall have the right and power, except as prohibited by law, to borrow money by whatever method the city council may deem to be in the public interest.

   The city shall have the power to borrow money on the credit of the city and to issue general obligation bonds for making public improvements or for other public purposes not prohibited by the Constitution and laws of the State of Texas, and to issue refunding bonds to refund outstanding bonds of the city previously issued. All such bonds shall be issued in accordance with state law. For bonds requiring voter approval, the city shall indicate on the ballot proposition the amount of bond issuance authorization, estimated amount of repayment including principal and interest based on current market conditions, and the purpose of the bonds. (Amend. of 11-4-14, Prop. No. 1)

   (a)   The maximum bonded indebtedness of the city outstanding at any one time, and payable from taxation, shall not exceed 10 percent of the total assessed valuation of property shown by the last assessment roll of the city.

   (b)   The city may not issue general obligation bonds or property-tax-supported certificates of obligation, other than refunding bonds, with a maturity in excess of 10 years unless the bonds have first been authorized by a majority vote of the participating voters at an election held for that purpose. (Amend. of 5-1-93, Prop. No. 7)

   The city shall have the power to borrow money for the purpose of constructing, purchasing, improving, extending or repairing of public utilities, recreational facilities, off-street parking facilities or any other self-liquidating municipal function not prohibited by the Constitution and laws of the State of Texas, and to issue revenue bonds to evidence the obligation created thereby. Such bonds shall be a charge upon and payable solely from the properties, or interest therein, pledged, or the income therefrom, or both, and shall never be a debt of the city. All such bonds shall be issued in conformity with the laws of the State of Texas.

   The city shall have the right to refund any outstanding bonds by the issuance of new bonds in lieu thereof, at the same, higher or a lower rate of interest, and may apply thereto the sinking fund belonging to any series of bonds so refunded, and may pay and retire any bond by using the sinking fund thereof. The city shall have the same right to refund any bonds assumed as a result of annexations.

   All unissued bonds previously authorized by any election or by any provisions in a former city charter may be issued and are hereby validated.

   All bonds of the city having been approved by the attorney general and registered by the comptroller of the public accounts shall be incontestable, except for forgery, fraud or exceeding the limit fixed by the Charter.

   All bonds must be signed by the mayor and countersigned by the city manager or the city manager’s designee and must have the seal of the city impressed on each bond; provided, that the bond ordinance or ordinances may provide for the bonds and any attached interest coupon to be signed by facsimile signatures and for the seal of the city on the bonds to be a facsimile as provided by the laws of the State of Texas. Such bonds shall mature serially or otherwise not to exceed 40 years from their date. (Amend. of 4-2-83, Prop. No. 6; Amend. of 5-1-93, Prop. No. 7)

   It shall be the duty of the city council each year to levy a tax sufficient to pay the interest and provide the necessary sinking fund required by law on all general obligation bonds outstanding, and if a deficiency appears at any time in such fund the council shall, for the next succeeding year, levy an additional tax sufficient to discharge such deficiency.

   The city council shall keep or cause to be kept for and on behalf of the city a complete bond registry and set of books, showing all bonds issued, the date and amount thereof, the rate of interest, maturity, type, etc., of all bonds or other indebtedness incurred under the provisions of the Charter, and all other transactions of the city council having reference to the refunding of the indebtedness of the city. When bonds or their coupons are paid, their payment or cancellation shall be noted in said registry, and the books so required shall be safely kept among the records of the city manager. (Amend. of 6-12-73, Prop. No. 35)

   Any officer of the city who shall willfully or knowingly divert or use any funds arising from the issuance of any bonds or any sinking fund for any other purpose except that for which the fund is created or are herein otherwise authorized, shall be deemed guilty of a misapplication of public funds and subject to prosecution as provided under the laws of the State of Texas for the diversion and conversion of funds belonging to any of the municipalities of the state.

   When the sale of bonds is in response to a request for bids, the bids may be opened and the bonds sold on the same day, whether at a regular or special meeting of the city council.

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   No contract, other than purchase orders for supplies and equipment and change orders authorized in accordance with Section 6, Chapter XXII of this Charter, shall be deemed executed on behalf of the city nor shall it be binding upon the city unless it has first been signed by the city manager and approved as to form by the city attorney. The expense thereof shall be charged to the proper appropriation. Whenever the contract charged to any appropriation equals the amount of said appropriation, no further contracts shall be signed. The publication of an ordinance or resolution to make it effective as an ordinance or resolution in accordance with Section 7 of Chapter XVIII of this Charter does not execute the ordinance or resolution as a contract unless the ordinance or resolution expressly so provides. (Amend. of 6-12-73, Prop. No. 36; Amend. of 4-3-76, Prop. No. 7; Amend. of 4-2-83, Prop. No. 1; Amend. of 8-12-89, Prop. No. 14; Amend. of 11-4-14, Prop. No. 9)

   (a)   All city contracts calling for or requiring the expenditure or payment of an amount required by state law to be competitively bid creating or imposing an obligation or liability of any nature or character upon the city, must first be submitted for competitive bids in accordance with this chapter. Such bids shall be based upon plans and specifications prepared for that purpose. Notice of the time and place when and where such contract shall be let shall be published in a newspaper of general circulation in the City of Dallas once a week for two consecutive weeks prior to the time set for letting such contract, the date of the first publication to be at least 14 days prior to the date set for letting said contract. Such contract shall be let to the lowest responsible bidder.

   (b)   The city council shall by ordinance establish rules by which a contract may be let without city council approval; however, a contract that is required to be bid and which is let to other than the lowest bidder shall be first approved by the city council. The amount below which city council approval is not required for a contract may not be changed more often than once every 24 months.

   (c)   The city shall have the right to reject any and all bids. The city in the first instance may elect to perform the work involved by its own forces or by day labor, or if such contract is let for bids and all are rejected, the city may either readvertise for competitive bidding or may thereafter perform such work with its own forces or by day labor. (Amend. of 4-2-83, Prop. No. 1)

   All bids submitted shall be sealed and shall be opened in a public place as directed by the city council, and in the presence of persons that may be designated by the city council, and shall remain open to public inspection for at least 48 hours before any award of said work is made to any competitive bidder. The provisions of this section regarding the retaining of bids 48 hours before awarding the work shall not apply to bids for the purchase of bonds. (Amend. of 4-2-83, Prop. No. 1)

   The provisions regarding competitive bidding shall not apply in the following instances:

      (1)   In case of a public calamity where it becomes necessary to act at once to relieve the necessity of the citizens or to preserve the property of the city.

      (2)   Where it is necessary to preserve or protect the public health of the citizens of the city.

      (3)   In the case of unforeseen damage to public property, machinery, or equipment.

      (4)   Work done by employees of the city and paid for as such work progresses.

      (5)   The purchase of land, buildings, existing utility systems, or rights-of-way for authorized needs and purposes.

      (6)   Expenditures for or relating to improvements to the city’s water system, sewer system, streets or drainage (any one or all) where the cost of at least one-third of which is to be paid by special assessments levied against the properties to be benefitted thereby.

      (7)   Where the entire contractual obligation is to be paid from bond funds or current funds, or where an advertisement for bids has previously been published (in the manner authorized by law) but the current funds or bond funds are not adequate to permit the awarding of a contract, and the city council authorizes the issuance of certificates of obligation to provide the deficiency.

      (8)   The sale of any public security as such term is defined in Chapter 1204 of the Texas Government Code, as amended. (Amend. of 6-12-73, Prop. No. 38; Amend. of 11-8-05, Prop. No. 13)

   Competitive bidding need not be applied to contracts for personal or professional services.

   In the event that it becomes necessary to make changes in the plans or specifications after performance of the contract has been commenced, or it becomes necessary to decrease or increase the quantity of work to be performed, or materials, equipment or supplies to be furnished, the city council is authorized to approve change orders effecting such changes, but the total contract price shall not be increased thereby unless due provision has been made to provide for the payment of such added cost by appropriating available funds for that purpose. This authority may be delegated to the city manager or the city manager’s designee when authorized by state law. (Amend. of 6-12-73, Prop. No. 39; Amend. of 8-12-89, Prop. No. 14)

   Any prime contractor entering into a public contract with the city for the construction, alteration, or repair of any public building or structure, or for the prosecution or completion of any public work, shall be required, before commencing such work, to execute a performance bond in a good and sufficient amount, as required by law, conditioned upon the faithful performance of the work in accordance with the plans, specifications, and contract documents. The bond must be solely for the protection of the city. The contractor shall also be required, before commencing such work, to execute a payment bond in a good and sufficient amount, as required by law, solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in the contract, for the use of each claimant. The bonds must be made by a bonding company authorized to do business in the State of Texas, and legal venue for enforcement of the bonds lies exclusively in Dallas County, Texas. A resident of Dallas County must be appointed as agent for delivery of notice and service of process by the surety. (Amend. of 6-12-73, Prop. No. 40; Amend. of 5-1-93, Prop. No. 4)

   (a)   In addition to the two bonds mentioned in Section 7 of this chapter, the city may require that the contractor show proof of coverage by public liability and property damage insurance in an amount to be set by the city and by the applicable workmen’s compensation insurance as set forth in the Workmen’s Compensation Law of the State of Texas. The contractor may be required to post any other bond or proof of insurance that the plans and specifications may require.

   (b)   Where the contract by the city is for the purchase of materials, supplies, machinery, equipment, or other paraphernalia not involved in the construction of public works, or the contract is for the lease, rental, franchise, or other use of personal or real property of the city, the city may require such bonds and other forms of security as it deems advisable. (Amend. of 5-1-93, Prop. No. 4)

   Each bid submitted pursuant to a request for bids must be accompanied by a cashier’s check, certified check, or unconditional letter of credit or a bid bond in the amount set by the city in the request for bids. The bid bond, if required, must be made by a bonding company authorized to do business in the State of Texas and must designate a resident agent in Dallas County. If the successful bidder fails or refuses to sign the contract for the performance of the work upon which the bid was made, the city council may require the forfeiture of the total amount of the bid bond as liquidated damages. (Amend. of 4-2-83, Prop. No. 1; Amend. of 5-1-93, Prop. No. 4)

   Qualifications, prices and quality of material being equal, citizens and business firms of Dallas shall be given preference in the awarding of all contracts over which the city has jurisdiction, direct or indirect. This section shall not be construed so as to conflict with any provision of the Charter requiring competitive bidding.

   (a)   No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall thereby forfeit the city official’s or employee’s office or position with the city. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

   (b)   The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees.

   (c)   The prohibitions of this section shall not apply to the participation by city employees in federally-funded housing programs, to the extent permitted by applicable federal or state law.

   (d)   This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund.

   (e)   This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public.

   (f)   This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop. No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop. Nos. 2 and 9)

   No lien of any kind can ever exist against the public buildings, public halls, public works, or any public property of the city except as herein otherwise provided. All subcontractors, materialmen, mechanics, and laborers on any public works or contracts of the city on which no payment bond is required or made, are required to notify the chief financial officer of all claims that they may have on account of such work against the city. When such notice has been given, the city may retain an amount from any funds due the contractor or contractors, sufficient to satisfy all such claims. Such notice may be given at any time after such indebtedness becomes due and before final settlement with the contractor or contractors, and no contractor or subcontractor shall issue any time checks on account of any contract with the city. No claims against the city shall constitute a valid claim over and above the amount of the retainage made by the city. (Amend. of 4-2-83, Prop. No. 6; Amend. of 11-8-05, Prop. No. 8)

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   The City of Dallas may never be liable for any personal injury, whether resulting in death or not, unless the person injured, or someone on the person’s behalf, or if the injury results in death, the person or persons who may have a cause of action under the law by reason of such death injury, files a notice in writing with the city, at a location to be designated by ordinance, within six months after the injury was received. The notice must specifically state:

      (1)   when, where, and how the exact injury occurred;

      (2)   the full extent of the injury; and

      (3)   the amount of damages claimed or asserted.

(Amend. of 6-12-73, Prop. No. 41; Amend. of 5-1-93, Prop. No. 9)

   The City of Dallas may never be liable for any claims for damages or injury to real or personal property caused by the negligent act or omission of its officers, servants, or employees, unless the person whose property has been injured or damaged, or someone on that person’s behalf, files a claim in writing with the city, at a location to be designated by ordinance, within six months after the damage or injury occurred. The notice must specifically state:

      (1)   when, where, and how the exact injury or damage occurred;

      (2)   the full extent of the injury or damage; and

      (3)   the amount of damages claimed or asserted.

(Amend. of 6-12-73, Prop. No. 41; Amend. of 5-1-93, Prop. No. 9)

   The city may not be liable for claims for contribution or indemnity, unless the person asserting the claim gives notice, in writing, to the city, at a location to be designated by ordinance, within six months after the occurrence that is the basis for the claim. The notice must specifically state:

      (1)   that the claim is for contribution or indemnity;

      (2)   a description of the parties involved;

      (3)   when, where, and how the exact injury, death, or property damage occurred;

      (4)   the full extent of the injury, death, or property damage; and

      (5)   the amount of contribution or indemnity claimed or asserted.

(Amend. of 4-3-76, Prop. No. 11; Amend. of 5-1-93, Prop. No. 9)

   (a)    Subject to Sections 1, 2, and 3 of this chapter, in order to accomplish justice and fairness, the city council shall have the power and authority to pay claims that it deems to be meritorious for damages to real or personal property and for personal injury whether resulting in death or not, suffered by any member of the public through no fault of his or her own, but that results from direct, positive, affirmative action or physically doing of something that should not have been done by officers, agents, or employees of the city while engaged in the performance of a governmental function; provided, however, that no claim may be settled, compromised, and paid if such claim would be barred by applicable statutes of limitations.

   (b)   No payment shall be made unless the claimant accepts the amount allowed as in full compromise and settlement of all amounts claimed or to be claimed against the city, its officers or employees, arising from the same facts. In the event that no settlement is made, nothing herein contained or done hereunder shall prejudice the city in any defense that it may have in any suit or action. Nothing contained herein shall be construed as creating a cause of action or the giving of any right to institute or maintain any suit or action that would not otherwise exist or be cognizable under the law as a legal claim; provided, however, this section may never be used to pay any claim arising under Section 5 of this chapter concerning claims arising out of floods, war, insurrection, riot, civil disorder, or commotion. (Amend. of 11-8-05, Prop. No. 13)

   The City of Dallas shall never be liable to any person or persons for any personal injury or property damage of any nature resulting from or occasioned or arising out of floods, war, insurrection, riot, civil disorder or commotion. The provisions of this section shall never be waived and any attempt at payment shall be void and subject to injunction by any court of proper jurisdiction.

   Neither the mayor, any city council member, the city manager, the city secretary, the city attorney, nor any other officer or employee of the city, shall have authority to waive any of the provisions of this chapter, but the same may be waived only by resolution of the city council made and passed before the expiration of the six month period provided for in this chapter, which resolution shall be evidenced by the minutes of the city council. Such waiver shall never be made in regard to claims arising out of Section 5 of this chapter. (Amend. of 11-8-05, Prop. No. 13)

(Renumbered by Amend. of 6-12-73, Prop. No. 43)

   No officer or employee of the city shall ever accept, directly or indirectly, any gift, favor, privilege or employment from any public utility corporation enjoying a grant of any franchise, privilege or easement from the city during the term of office of such officer, or during such employment of such employee, except as may be authorized by law or ordinance. Any officer or employee of the city who shall violate the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense, and shall forthwith be removed from office.

   It shall not be necessary in any action, suit or proceeding in which the city or any of its appointive boards or commissions is a party, for any bond, undertaking or security to be executed in behalf of the city, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond, undertaking or security had been given, and the city shall be liable as if such obligation had been duly given and executed.

   The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to the city, in the hands of any person, be liable to garnishment on account of any debt it may owe or funds it may have on hand due any person, nor shall the city or any of its officers or agents be required to answer any writ of garnishment on any account whatsoever. Any attempted assignment of wages shall be absolutely void so far as the city is concerned unless authorized by state law and approved by resolution of the city council. This section shall also apply to the property, funds and personnel of appointive boards and commissions of the city council.

   Whenever in the opinion of the city council, any building, fence, shed, awning or structure of any kind or part thereof is liable to fall down and injure persons or property, the city council may order the owner or agent of the same or occupant of the premises, to take down and remove the same within such time as it may direct and may punish by fine all persons failing so to do. The city council shall have the additional power to remove the same at the expense of the city on account of the owner of the property and assess the expenses thereof, including condemnation proceedings, as a special tax against the land, and the same may be collected as other special taxes provided for in this Charter, or by suit in any court of competent jurisdiction.

   The city council shall have full power to condemn all dangerous buildings or obstructions of any kind and may provide regulations therefor by ordinance. All of the provisions of this section may be carried out in such manner as the city council by ordinance may provide.

   The city council shall have the right to remit, in whole or in part, any fine or penalty belonging to the city, which may be imposed under any ordinance or resolution passed pursuant to this Charter.

   The city council may establish fire limits and prescribe the kind and character of materials to be used in buildings constructed within such limits.

   The city shall have power to prohibit the erection, construction or repair of any building or structure of any kind within the city without a permit first having been issued by the city for the construction, erection or repair of such building or structure, and may authorize a fee to be charged for such permit, and in pursuance of said authority, may authorize the inspection by the city of all buildings or structures during the progress of their construction and may require that all buildings shall be constructed or repaired in conformity with the building regulations which exist in the city or which shall hereafter be passed.

   The city may acquire and appropriate land inside or outside of the city for the purpose of establishing, laying out or enlarging any parks, parkways or pleasure grounds, and to provide that the cost of such land and improvements shall be paid for wholly or in part, to the extent not exceeding the special benefits received by the property owners owning property in the vicinity thereof and benefitted thereby, and for such purpose all of the powers conferred by the Act of the Fortieth Legislature, known as House Bill No. 401, Chapter 283, page 433, of the General Laws, passed by the Fortieth Legislature of the State of Texas, as amended or as may hereafter be amended, are hereby adopted and made a part of this charter, and the same may be used by the city council in the manner and for the purposes of the condemnation of said land and the appointment of commissioners therefor and the assessing of the cost. In making the assessments against property owners specifically benefitted, as well as in condemnation proceedings, the same shall be governed as far as practicable by laws relating to the opening and widening of streets.

   The city shall have authority to establish and maintain a public library or libraries within the city and to cooperate with any person, firm or corporation upon such terms as the city council may prescribe, for the establishment of such public library or libraries. To that end the council shall annually appropriate out of the general revenue of the city, a fund for the support and maintenance of the public library.

   The city shall have full power or authority to acquire or own, within or without the City of Dallas, either by purchase, donation, bequest, or otherwise, all property that may be necessary for the purpose of establishing a radio and television broadcasting station. The radio and television broadcasting station may be used for the police and fire-rescue communications system and such other communicating systems as the council may deem appropriate. It shall be used for the convenience and edification of the people of Dallas, and for such purpose the city council may appoint a suitable commission to operate and conduct the same, and to exercise all powers in connection therewith. The exercise of the power to operate the radio and television broadcasting station shall be deemed governmental in character and for municipal purposes. (Amend. of 11-8-05, Prop. No. 10)

   (Repealed by Amend. of 11-8-05, Prop. No. 11)

   All maps, plats, plans, profiles, reports, field notes, estimates, and other memoranda of professional work done by the head of any department of the city or under the department head’s direction and control during his or her tenure or term of office, shall be the property of the city. (Amend. of 11-8-05, Prop. No. 13)

   (a)   During August of each odd-numbered year, the city council shall begin the nomination process for all members of the commissions and boards provided for in this Charter or which the city council may provide for by ordinance. Such members shall serve for a term as provided by ordinance by the city council not to exceed two years from October 1 or until their successors are appointed and qualified, except that a member of a board or commission that is only advisory in nature may not hold over in his or her position longer than nine months after the expiration of his or her term or after the creation of a vacancy in his or her position.

   (b)   The city council shall provide by ordinance for each commission and board to have a number of members equalling or exceeding the number of members of the city council, unless otherwise required by law. The appointments to commissions and boards having a number of members equalling or exceeding the number of members of the city council shall be made with each member of the city council having at least one appointment. This subsection does not apply to boards of employee retirement funds or boards to which the city manager is required by ordinance to make nominations. The city council may waive the application of this subsection to a particular board by a vote of three-fourths of the members of the city council.

   (c)   The mayor shall appoint the chair of each commission and board from among the members appointed in accordance with Subsection (b), subject to confirmation by a majority of the city council.

   (d)   It is the policy of the city to include persons of all races and ethnicity in the affairs of city government. Accordingly, the city council shall, as nearly as may be practicable, cause the membership of commissions and boards to reflect the racial and ethnic makeup of the city’s population. (Amend. of 4-3-76, Prop. No. 2; Amend. of 8-12-89, Prop. No. 1; Amend. of 11-8-05, Prop. No. 7; Amend. of 11-4-14, Prop. No. 9)

   The city council may require any of the officers and employees of the city, before entering upon the duties of their office, to execute a good and sufficient bond with a surety company doing business in the State of Texas, as approved by the city council. The bonds shall be in such amount as the council may demand, payable to the City of Dallas, and conditioned for the faithful performance of the duties of the office. The premium on such bonds shall be paid by the city. Bonds shall be required of the city manager, the chief financial officer, the city controller, the purchasing agent, and the municipal court clerk. (Amend. of 4-2-83, Prop. No. 6; Amend. of 11-8-05, Prop. No. 8)

   All employees appointed directly by the city council shall be given 30 days notice prior to termination of employment, except when dismissed for misconduct in office.

   The enumeration of powers made in this Charter shall never be construed to preclude, by implication or otherwise, the city from exercising the powers incident to the judgment of local self-government, nor to do any and all things not inhibited by the Constitution and laws of the State of Texas.

   (a)   Other than members of the city council, no person shall be appointed to more than two permanent boards or commissions of the City of Dallas at any one time. Any member of any commission or board appointed by the city council shall forfeit that office if the member misses more than three regular meetings in succession, unless for medical reasons certified to by a physician or unless excused by the board or commission of which he or she is a member and the city council. In such case, the city council shall declare the position vacant and appoint a new member to fill the vacancy.

   (b)   A member of any commission or board appointed by the city council may be removed from office for any cause deemed by the city council sufficient for removal in the interest of the public, but only after a public hearing before the city council on charges publicly made, if demanded by such member within 10 days. (Amend. of 11-8-05, Prop. No. 13)

   The wages, hours and conditions of employment of any and all of the city employees shall be fixed and approved by the city council.

   All departments and boards of the city shall furnish such reports in the form prescribed as may be requested by the city manager or the city council concerning the activities of that department or board.

   Should any word, clause, phrase, sentence, paragraph, section or chapter of this Charter or amendment thereto, be held invalid by any court of competent jurisdiction, such ruling or judgment shall not affect the validity of any other portion of this Charter or any amendment thereto, but same shall remain in full force and effect, the provisions hereof being severable.

   Amendments to this Charter that are approved at an election on August 12, 1989 create a new system of government that requires an orderly transition. Accordingly, the following transitional provisions shall apply:

      (1)   The next regular general election for members of the city council scheduled under the present Charter for May, 1991 is deferred to and shall be held on the official election date in November, 1991. Any runoff elections shall be held two weeks after the general election. All general elections thereafter shall be held on the first Saturday in May of odd-numbered years or on such other date as shall be fixed by law.

      (2)   The candidate filing dates that are prescribed in the present Charter are, for the year 1991 only, reestablished at later dates in 1991 that contain the same number of elapsed days prior to the general election date as are provided in the Charter for the May, 1991 election.

      (3)   The terms of office of the persons holding office as members of the city council on the first Saturday in May, 1991 are extended to the date that their successors are elected and qualified after the general election in November, 1991. Persons elected to the city council at the November, 1991 general election shall serve until their successors take office after the May, 1993 general election (except for the holder of the office of mayor who shall serve until the May, 1995 general election). Thereafter, the terms of office shall be as prescribed in this Charter, as amended.

      (4)   In applying the limitations on the terms of office of members of the city council who first took office prior to November, 1991, the limitations shall be measured from the date the member first took office on the city council, and the period from November, 1991 to May, 1993 shall be counted as one term. If, upon adoption and implementation of these amendments, a person will have served as mayor for two consecutive terms, those two terms shall be considered as equivalent to one four-year term in calculating eligibility for an additional term in the general election held in November, 1991.

      (5)   Sections 1, 2, 3A, 4, 5, 9, and 14 of Chapter III; Sections 3, 4, 5(a), 6, 7, and 8 of Chapter IV; Section 1 of Chapter XVI; Section 2 of Chapter XVII; and Section 13 of Chapter XXIV shall take effect on the date council members take office after the general election in November, 1991, except that for the purposes of preparing city council district lines and for filing for candidacy in that election, they shall take effect immediately.

      (6)   Section 13 of Chapter III, Policy-making Procedures and Oversight Responsibilities, shall take effect January 1, 1990.

      (7)   Section 5(b) of Chapter IV, Redistricting Commission, shall take effect January 1, 1991.

      (8)   All city charter amendments not referred to in Subsections (5), (6), and (7), adopted at the August 12, 1989 election, shall take effect immediately.

      (9)   Notwithstanding any other provision of this section, no amendment that is approved at the election on August 12, 1989 shall be effective unless and until the Voting Rights Section of the Civil Rights Division of the United States Department of Justice issues a letter interposing no objection to the implementation of the amendment, if voting rights review is required for the amendment. (Amend. of 8-12-89, Prop. No. 1) [NOTE: The wording and structure of this section may appear unusual or incomplete because of selective preclearance by the United States Justice Department of the August 12, 1989 charter amendments to this section].

   The repeal of any provision, section or chapter of any charter by the amendments to this Charter shall not affect or impair any act done or obligation, right, license, permit or penalty accrued or existing under the authority of the provision, section or chapter repealed. Such provision, section or chapter shall be treated as still remaining in force for the purpose of sustaining any proper action concerning any such obligation, right, license, permit or penalty. In addition, any franchise, contract, permit or license obtained under any provision, section or chapter repealed by any amendments to this Charter shall remain effective for the term and under the conditions prescribed by the repealed portion under which the franchise, contract, permit or license was granted or issued; provided that if the franchise, contract, permit or license provides that the same shall be governed by the Charter of the City of Dallas, as amended, then the amended section shall control.

   All civil and criminal ordinances and all resolutions of a general and permanent nature in force and effect when this Charter or any amendment thereto shall become effective, which are inconsistent or in conflict with this Charter or any amendment thereto, are hereby repealed except as herein provided. Where any such civil or criminal ordinance or resolution of a general and permanent nature in force and effect when this Charter or any amendment thereto, shall become effective is consistent with and not in conflict with the provisions hereto, same shall continue in full force and effect unimpaired by the provisions hereof.

NOTE - The following is a list of amendments to the Dallas City Charter and the disposition of those amendments, beginning with the amendment of June 12, 1973.

 

   The Code, as originally published in 1960, consisted of two loose-leaf volumes and constituted the first version and codification of the general ordinances of the City of Dallas since 1941. With the 1978 printing, the original two volumes were expanded by adding Chapter 51, the City’s Zoning Ordinance. A third loose-leaf volume was added that contained the City’s construction codes.

   When reprinted in 1990, the Code was completely recodified, reformatted, repaginated, and reindexed. The 1990 Code consisted of three loose-leaf volumes -- Volumes I and II contained Chapters 1 through 50 and Volume III contained Chapter 51A, “Part II of the Dallas Development Code.” The construction codes and Chapter 51, “Part I of the Dallas Development Code,” were available for purchase separately.

   With this 1997 printing, the Code has been completely repaginated to remove excess pages and has been converted to a computer format and font that will facilitate the Code’s maintenance by the City Attorney’s Office. This 1997 Code still consists of three loose-leaf volumes -- Volumes I and II contain Chapters 1 through 50, except for Chapter 16, and Volume III contains Chapter 51A. The construction codes and Chapter 51, “Part I of the Dallas Development Code,” may be purchased separately from the Building Inspection Division of the city. Chapter 16, “Dallas Fire Code,” may be purchased separately from the Dallas Fire Department.

   This Code contains ordinances passed or effective through May 31, 1997. Supplements will be issued periodically so that copies of the Code may be kept up-to-date. It is anticipated that the supplements will be published quarterly.

   All volumes of the Code, except the construction codes and the fire code, and all ordinances amending the Code will be maintained on a word processing system in the City Attorney’s Office. Copies of the Code and all supplements, however, will be prepared and distributed through:

   American Legal Publishing Corporation

   525 Vine Street, Suite 310

   Cincinnati, Ohio 45202

   1-800-445-5588

   The ordinances embraced in this and the following chapters and sections shall constitute and be designated “The Revised Code of Civil and Criminal Ordinances of the City of Dallas” and may be so cited. Such code may also be cited as the “Dallas City Code.”

   The provisions appearing in this and the following chapters and sections, so far as they are the same as those of ordinances existing at the time of the adoption of “The Revised Code of Civil and Criminal Ordinances of the City of Dallas”, shall be considered as a continuation thereof and not as new enactments.

   The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted.

   It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the city council without the incorporation in this code, of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.

   In the construction of this code, and of all ordinances and resolutions passed by the city council, the following rules contained in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the council:

   BOND. When a bond is required, an undertaking in writing is sufficient if properly drafted and executed.

   CITY. The words “city,” “the city,” or “this city” mean the city of Dallas, Texas.

   CITY SECRETARY, CHIEF OF POLICE or OTHER CITY OFFICERS OR DEPARTMENTS. The words “city secretary”, “chief of police” or words designating any “other city officers or departments” shall be construed to mean the city secretary, chief of police or such other municipal officers or departments, respectively, of the city of Dallas, Texas.

   CODE. The words “the code” or “this code” shall mean “The Revised Code of Civil and Criminal Ordinances of the City of Dallas.”

   COMPUTATION OF TIME. In construing this code, whenever a notice is required to be given or an act to be done a certain length of time before any proceeding or step in a proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding or step in a proceeding is to be had shall not be counted.

   CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned.

   COUNCIL. The words “the council” or “the city council” shall mean the mayor and councilmen acting as the city council of Dallas, Texas.

   COUNTY. The word “county” shall mean Dallas County, Texas.

   DALLAS DEVELOPMENT CODE. The words “Dallas Development Code” mean Chapters 51, 51A, and 51P.

   GENDER. A word importing the masculine gender only shall extend and be applied to include females and to firms, partnerships and corporations as well as to males.

   HIGHWAY. The term “highway”, when used in this code, shall include any street, alley, highway, avenue or public place or square, bridges, viaducts, tunnels, underpasses, overpasses and causeways in the city, dedicated or devoted to public use.

   JOINT AUTHORITY. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

   MONTH. The word “month” shall mean a calendar month.

   NUMBER. Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.

   OATH. The word “oath” shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed”.

   OFFICIAL TIME STANDARD. Whenever certain hours are named in this code, they shall mean Standard Time or Daylight Saving Time, as may be in current use in the city.

   OR, AND. “Or” may be read “and”, and “and” may be read “or”, if the sense requires it.

   OWNER. The word “owner”, applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

   PERSON. The word “person” shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.

   PERSONAL PROPERTY. The words “personal property” include every species of property, except real property, as defined in this section.

   PRECEDING, FOLLOWING. The words “preceding” and “following” mean next before and next after, respectively.

   PROPERTY. The word “property” includes real and personal property.

   REAL PROPERTY. The words “real property” include land, tenements and hereditaments.

   ROADWAY. The word “roadway” shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic and that portion of a street used for drainage.

   SIDEWALK. The word “sidewalk” shall mean any portion of the street between the curb or the lateral line of the roadway and the adjacent property line, all or a part of which is intended for the use of pedestrians.

   SIDEWALK AREA. The space between the lateral line of the roadway and the boundary separating the public right-of-way and the adjacent private property.

   SIGNATURE or SUBSCRIPTION. The words “signature” or “subscription” shall include a mark when a person cannot write.

   STATE. The words “the state” or “this state” shall be construed to mean the State of Texas.

   STREET. The term “street” shall include any highway, boulevard, alley, street, avenue or public place or square, bridges, viaducts, culverts, underpasses, overpasses, tunnels and causeways in the city, dedicated or devoted to public use.

   WRITTEN or IN WRITING. The words “written” or “in writing” shall be construed to include any representation other than oral of words, letters or figures, whether by printing or otherwise.