CHAPTER II. POWERS OF CITY

SEC. 1. POWERS OF THE CITY.

   The City of Dallas, as such body politic and corporate, shall have perpetual succession and shall have the following powers:

      (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)

SEC. 2. GENERAL POWERS ADOPTED.

   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.