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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 residents 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; Amend. of 11-5-24)
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.