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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) Upon initiation of the councilmember who occupies the city council place of the nominating councilmember, the city council may, by a majority vote, replace a board or commission member prior to completion of the member’s two-year term. (Amend. of 11-8-05, Prop. No. 13; Amend. of 11-5-24)
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.
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