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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)
(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.