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The Dallas City Code
CITY OF DALLAS, TEXAS CODE OF ORDINANCES
CHARTER of THE CITY OF DALLAS, TEXAS
VOLUME I
PREFACE
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 ADMINISTRATION
ARTICLE I. IN GENERAL.
ARTICLE II. ASSISTANT CITY ATTORNEYS.
ARTICLE III. MANAGEMENT AND SALE OF CITY-OWNED REAL PROPERTY.
ARTICLE IV. PROCUREMENT.
ARTICLE IV-a. OFFICE OF ECONOMIC DEVELOPMENT.
ARTICLE V. DEPARTMENT OF DEVELOPMENT SERVICES.
ARTICLE V-a. DEPARTMENT OF FACILITIES AND REAL ESTATE MANAGEMENT.
ARTICLE V-b. DEPARTMENT OF CONVENTION AND EVENT SERVICES.
ARTICLE V-c. DEPARTMENT OF PUBLIC WORKS.
ARTICLE V-d. WATER UTILITIES DEPARTMENT.
ARTICLE V-e. DEPARTMENT OF PLANNING AND URBAN DESIGN.
ARTICLE V-f. DEPARTMENT OF EQUIPMENT AND FLEET MANAGEMENT.
ARTICLE VI. DEPARTMENT OF HUMAN RESOURCES.
ARTICLE VII. DEPARTMENT OF CODE COMPLIANCE.
ARTICLE VII-a. OFFICE OF MANAGEMENT SERVICES.
ARTICLE VII-b. OFFICE OF DATA ANALYTICS AND BUSINESS INTELLIGENCE.
ARTICLE VIII. SOCIALLY RESPONSIBLE BANKING.
ARTICLE VIII-a. CLAIMS AGAINST THE CITY.
ARTICLE IX. PERMIT AND LICENSE APPEAL BOARD.
ARTICLE X. PUBLIC ART PROGRAM.
ARTICLE XI. FILLING TEMPORARY VACANCIES.
ARTICLE XII. ENVIRONMENTAL COMMISSION.
ARTICLE XIII. MARTIN LUTHER KING, JR. COMMUNITY CENTER BOARD.
ARTICLE XIV. SOUTH DALLAS/FAIR PARK OPPORTUNITY FUND BOARD.
ARTICLE XV. CHIEF FINANCIAL OFFICER.
ARTICLE XV-a. CITY CONTROLLER’S OFFICE.
ARTICLE XV-b. OFFICE OF BUDGET AND MANAGEMENT SERVICES.
ARTICLE XV-c. OFFICE OF RISK MANAGEMENT.
ARTICLE XVI. DEPARTMENT OF INFORMATION AND TECHNOLOGY SERVICES.
ARTICLE XVII. DEPARTMENT OF SANITATION SERVICES.
ARTICLE XVII-a. DEPARTMENT OF TRANSPORTATION.
ARTICLE XVIII. SENIOR AFFAIRS COMMISSION.
ARTICLE XIX. DEPARTMENT OF HOUSING & NEIGHBORHOOD REVITALIZATION.
ARTICLE XX. CITIZEN HOMELESSNESS COMMISSION.
ARTICLE XXI. COMMUNITY DEVELOPMENT COMMISSION.
ARTICLE XXI-a. COMMISSION ON DISABILITIES.
ARTICLE XXII. OFFICE OF COMMUNITY POLICE OVERSIGHT.
ARTICLE XXIII. DEPARTMENT OF DALLAS ANIMAL SERVICES.
ARTICLE XXIV. ANIMAL ADVISORY COMMISSION.
ARTICLE XXV. YOUTH COMMISSION.
ARTICLE XXVI. ARTS AND CULTURE ADVISORY COMMISSION.
ARTICLE XXVI-a. OFFICE OF ARTS AND CULTURE.
ARTICLE XXVII. CIVIL SERVICE BOARD; ADJUNCT MEMBERS; ADMINISTRATIVE LAW JUDGES.
ARTICLE XXVIII. STORMWATER DRAINAGE UTILITY.
ARTICLE XXIX. VETERAN AFFAIRS COMMISSION.
ARTICLE XXX. COLLEGE ADVISORY COMMISSION.
ARTICLE XXXI. OFFICE OF THE CITY MARSHAL.
CHAPTER 3 ADVERTISING
CHAPTER 4 RESERVED
CHAPTER 5 AIRCRAFT AND AIRPORTS
CHAPTER 5A AIR POLLUTION
CHAPTER 6 ALCOHOLIC BEVERAGES
CHAPTER 6A AMUSEMENT CENTERS
CHAPTER 7 ANIMALS
CHAPTER 7A ANTI-LITTER REGULATIONS
CHAPTER 8 BOARDS AND COMMISSIONS
CHAPTER 8A BOARDING HOME FACILITIES
CHAPTER 9 BICYCLES
CHAPTER 9A BILLIARD HALLS
CHAPTER 9B BUILDING SECURITY
CHAPTER 9C RESERVED
CHAPTER 10 RESERVED
CHAPTER 10A RESERVED
CHAPTER 10B RESERVED
CHAPTER 11 CEMETERIES AND BURIALS
CHAPTER 12 CITY YOUTH PROGRAM STANDARDS OF CARE
CHAPTER 12A CODE OF ETHICS
CHAPTER 12B CONVENIENCE STORES
CHAPTER 13 COURTS, FINES AND IMPRISONMENTS
CHAPTER 13A DALLAS TRANSIT SYSTEM
CHAPTER 14 DANCE HALLS
CHAPTER 14A RESERVED
CHAPTER 14B EMERGENCY MANAGEMENT
CHAPTER 15 RESERVED
CHAPTER 15A ELECTIONS
CHAPTER 15B EQUAL EMPLOYMENT OPPORTUNITY CONTRACT COMPLIANCE
CHAPTER 15C EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
CHAPTER 15D EMERGENCY VEHICLES
CHAPTER 16 DALLAS FIRE CODE
CHAPTER 17 FOOD ESTABLISHMENTS
CHAPTER 18 MUNICIPAL SOLID WASTES
CHAPTER 19 HEALTH AND SANITATION
CHAPTER 19A RESERVED
CHAPTER 20 EARNED PAID SICK TIME
CHAPTER 20A FAIR HOUSING AND MIXED INCOME HOUSING
CHAPTER 21 RESERVED
CHAPTER 22 RESERVED
CHAPTER 23 RESERVED
CHAPTER 24 LIBRARY
CHAPTER 25 LOAN BROKERS
CHAPTER 25A MASSAGE ESTABLISHMENTS
CHAPTER 26 RESERVED
CHAPTER 27 MINIMUM PROPERTY STANDARDS
CHAPTER 28 MOTOR VEHICLES AND TRAFFIC
VOLUME II
VOLUME III
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Division 2. Breach of Contract Claims.
SEC. 2-86.   NOTICE REQUIRED FOR CERTAIN BREACH OF CONTRACT CLAIMS.
   (a)   In this division:
      (1)   CITY CONTRACT or CONTRACT means a written contract that is properly executed or entered into by the city.
      (2)   DIRECTOR means the director of the city department that is responsible for administering the city contract that is the subject of a claim filed pursuant to this section, or the director’s designee.
      (3)   PERSON means an individual, corporation, partnership, professional corporation, limited liability company, or any other legally constituted and existing business entity, other than the city.
   (b)   This section applies to any alleged breach of contract by the city occurring on or after January 30, 2006.
   (c)   A person may not file or maintain a lawsuit or alternative dispute resolution proceeding to recover damages for the city’s breach of a city contract unless, as a condition precedent and a jurisdictional prerequisite to the filing of the lawsuit or proceeding:
      (1)   the person files a notice of claim with the city manager in writing, in the form prescribed in Subsection (d) of this section, not later than 180 days after the date of occurrence of the event that gives rise to the breach of contract claim; and
      (2)   the city council, or the city manager in the case where a change order or contract amendment may be authorized by administrative action or administrative change order, neglects or refuses to pay all or part of the claim on or before the 90th day after the date of presentation of written notice in accordance with this section.
   (d)   The written notice of claim required under Subsection (c) must:
      (1)   state the facts giving rise to the alleged breach;
      (2)   state the legal theory justifying recovery for the alleged breach;
      (3)   state the amount the person seeks in damages; and
      (4)   include supporting documentation indicating how those damages were calculated.
   (e)   The city attorney is authorized to investigate, evaluate, and recommend settlement or disposition of any breach of contract claim made against the city pursuant to this section.
   (f)   The city manager and the director shall assist the city attorney in the investigation, evaluation, and recommendation processes related to the settlement and disposition of a breach of contract claim made against the city pursuant to this section.
   (g)   The delegation of authority conferred under Subsection (e) or (f) does not include the authority to waive any requirements of this section.
   (h)   Nothing in this section supersedes, modifies, or excuses compliance with any other requirement for notices established by any city contract, law, or equity.
   (i)   A person filing a claim under this section is not entitled to recover attorney’s fees, either as a part of the damages calculated in the notice of claim or in any subsequent lawsuit or alternative dispute resolution proceeding.
   (j)   Nothing in this section may be construed as waiving the city’s governmental immunity from suit or liability.
   (k)   The provisions of this section are incorporated by reference into all existing and future city contracts.
   (l)   The city manager may, with the concurrence of the city attorney, elect to treat a notice received pursuant to this section as a demand for nonbinding mediation. If the city manager treats the notice as a demand for nonbinding mediation, the city manager shall, within a reasonable time, notify the person filing the claim of that election and of the applicable procedures to be followed. The notice of nonbinding mediation extends by 60 days the applicable period for responding to a claim notice set forth in Subsection (c)(2). (Ord. Nos. 26225; 28705)
SEC. 2-87.   PAYMENT OF A BREACH OF CONTRACT CLAIM WITHOUT PRIOR CITY COUNCIL APPROVAL.
   The city controller shall, without prior city council approval, pay a breach of contract claim that has been settled for an amount that does not exceed $25,000 when payment is recommended by the city attorney and approved by the city manager. (Ord. 28705)
Division 3. Miscellaneous Claims, Fines, Penalties, and Sanctions against the City.
SEC. 2-88.   HANDLING AND INVESTIGATION OF MISCELLANEOUS CLAIMS, FINES, PENALTIES, AND SANCTIONS AGAINST THE CITY.
   (a)   The city attorney is authorized to investigate, evaluate, and recommend settlement or disposition of:
      (1)   any claim made against the city (other than a property damage, personal injury, or wrongful death claim governed by Division 1 of this article or a breach of contract claim governed by Division 2 of this article); or
      (2)   any fine, penalty, or sanction imposed upon the city.
   (b)   The city manager or the city manager’s designee shall assist the city attorney in the investigation, evaluation, and recommendation processes related to the settlement and disposition of a claim, fine, penalty, or sanction under this division. (Ord. 28705)
SEC. 2-89.   PAYMENT OF A MISCELLANEOUS CLAIM, FINE, PENALTY, OR SANCTION WITHOUT PRIOR CITY COUNCIL APPROVAL.
   The city controller shall, without prior city council approval, pay any claim made against the city (other than a property damage, personal injury, or wrongful death claim governed by Division 1 of this article or a breach of contract claim governed by Division 2 of this article) or any fine, penalty, or sanction imposed upon the city that has been settled for an amount that does not exceed $25,000 when payment is recommended by the city attorney and approved by the city manager. (Ord. 28705)
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