The inhabitants of the City of DeSoto in Dallas County, Texas
within the corporate limits as now established, or hereafter established
in the manner prescribed by this Charter, shall be and shall continue
to be a municipal body politic and corporate in perpetuity under the
name of the “City of DeSoto.”
The municipal government provided by this Charter shall be known
as the “Council-Manager” government. Pursuant to its provisions
and subject only to the limitations imposed by the State Constitution,
by the statutory laws of Texas, and by this Charter, all powers of
the City shall be vested in an elective Council, hereinafter referred
to as the “Council,” which shall enact local legislation,
adopt budgets, determine policies, appoint the City Secretary, City
Attorney, and Judge of the Municipal Court, and the Council shall
also appoint the City Manager, who shall execute the laws and administer
the government of the City.
The City shall have all powers that now are or hereafter may
be granted to municipalities by the Constitution or laws of the State
of Texas, and all such powers, whether expressed or implied, shall
be exercised and enforced in the manner prescribed by this charter,
and when not prescribed therein, in such manner as may be provided
by ordinance or resolution of the City Council of the City of DeSoto.
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 of DeSoto shall
have and exercise all 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, 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.
The City shall have the full power, authority and right to exercise
the power of eminent domain in any manner authorized or permitted
by the Constitution and laws of the State of Texas when necessary
or desirable to carry out any of the powers conferred upon by this
charter or by the Constitution and laws of State of Texas. The power
of eminent domain hereby conferred shall include the right of the
City to take the fee in land so condemned and such power and authority
shall include the right to condemn public property for such purposes.
The City shall have and possess the power of eminent domain for any
municipal or public purposes even though not specifically enumerated
in this charter.
(Ordinance 2324-23 adopted 7/18/2023)
The City shall have exclusive dominion, control, and jurisdiction
in, upon, over, and under the public streets, sidewalks, alleys, highways,
public squares, and public ways within the corporate limits of the
City, and in, upon, over, and under all public property of the City.
With respect to each and every public street, sidewalk, alley, highway,
public square, public park, or other public way within the corporate
limits of the City, the City shall have the power to establish, maintain,
improve, alter, abandon, or vacate the same; to regulate the use thereof;
and to abate and remove in a summary manner any encroachment thereon.
The City shall have the power to develop and improve, or cause
to be developed and improved, any and all public streets, sidewalks,
alleys, highways, and other public ways within the corporate limits
of the City by laying out, opening, narrowing, widening, straightening,
extending, lighting and establishing building lines along the same;
by purchasing, condemning, and taking property therefor by filling,
grading, raising, lowering, paving, repaving, and repairing, in a
permanent manner, the same; and by constructing, reconstructing, altering,
repairing, and realigning curbs, gutters, drains, sidewalks, culverts,
and other appurtenances and incidentals in connection with such development
and improvement authorized hereinabove, or any combination or parts
thereof. The cost of such development and improvement may be paid
partly or entirely by assessments levied as a lien against the property
abutting thereon and against the owners thereof, and such assessments
may be levied in any amounts and under any procedure not prohibited
by State Law; provided, that no assessment shall be made against such
land or owners in excess of the enhancement in value of such property
occasioned by such improvement.
As an alternate and cumulative method of developing, improving,
and paving any and all public streets, sidewalks, alleys, highways,
and other public ways within is [its] corporate limits, the City shall
have the power and authority to proceed in accordance with Chapter
106, Page 489, Acts 1927, Fortieth Legislature, First Called Session,
as now or hereafter amended, the same being Article 1105b of the Revised
Civil Statutes of Texas, 1925.
The boundaries of the City of DeSoto shall be those as established
and described in ordinances duly passed by the City Council of the
City of DeSoto in accordance with state law. The City Secretary shall
maintain an official map of the city's boundaries as required by state
law.
(Ordinance 2324-23 adopted 7/18/2023)
(1) The
boundaries of the City of DeSoto may be enlarged and extended by the
annexation of additional territory or decreased by disannexation in
any manner and by any procedure now or hereafter provided by law.
(2) Upon
completion of the annexation procedure, the annexed territory shall
become a part of the city, and said land and its residents shall be
entitled to all the rights and privileges provided by the City for
its citizens and shall be bound by the acts, ordinances, resolutions
and regulations of the City.
(3) If,
after the date of annexation, there exists land within and adjacent
to the corporate limits of the City of DeSoto not receiving governmental
or proprietary services of the City within the time required by the
service plan or Chapter 43 of Texas Local Government Code, or its
successor statute, then a majority of the qualified voters residing
within this particular area may petition the City Council to disannex
the area as provided in Chapter 43 of Texas Local Government Code,
or its successor statute.
(Ordinance 2324-23 adopted 7/18/2023)