All powers of the City and the determination of all matters of policy shall be vested in the Council. Without limitation of the special and general powers granted or delegated to the City by the Constitution, statutes or this Charter, the Council shall have power to:
(A) 
Appoint the City Manager, City Auditor, and City Attorney pursuant to this Charter and terms and conditions deemed appropriate by the City Council. Provided, neither the Mayor nor any Councilmember may receive an appointment as City Manager, City Attorney, City Auditor, or Municipal Judge during or within two (2) years of the expiration of the term for which the Mayor or Councilmember shall have been elected or appointed;
(B) 
Establish other administrative departments and distribute the work of divisions;
(C) 
Adopt the budget of the City and appropriate municipal funds;
(D) 
Authorize by ordinance the issuance of bonds, assignments of revenue or warrants;
(E) 
Inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs;
(F) 
The Council may only create or abolish a board or commission after May, 1994 by ordinance, or change the tenure of the appointees’ terms of office, except those established by the Charter, by an affirmative vote of 3/4 majority of the members of the Council present. Any board or commission created by ordinance prior to May, 1994 may be abolished or the tenure of appointees’ term of office may be changed by a vote of five concurring Councilmembers.
(G) 
Adopt and modify the official map of the City;
(H) 
Approve plats;
(I) 
Summon and compel the attendance of witnesses and the production of books and papers before it whenever it may deem necessary for the more effective discharge of its duties, and shall have the power to punish for contempt before it and for failure to appear before it in response to summons issued by it with the same fines and penalties as the County Judge may punish for contempt before the County Court. All processes shall be signed by the Mayor and attested to by the City Secretary and shall be served by the Director of Police Services or any other Police Officer of the City. The Mayor, City Attorney, Municipal Judge, City Secretary or any member of the Council shall have the authority to administer oaths in any matter pertaining to municipal affairs;
(J) 
Open, widen, extend or straighten public streets, thoroughfares and alleys;
(K) 
Define and prohibit nuisances within the City and five thousand (5,000) feet beyond;
(L) 
Provide, by ordinances, for the exercise by the City of any and all powers of local self-government not made self-enacting by this Charter or by statute;
(M) 
Provide, by ordinance, for the exercise of the Police powers of the City;
(N) 
Prevent the construction and use of housing below standards fixed by the Council;
(O) 
Adopt, modify and carry out plans proposed by the City Plan Commission for the replanning, improvement and redevelopment of neighborhoods;
(P) 
Provide for an independent audit;
(Q) 
Pass all ordinances deemed by it to be necessary or proper for the government of the City;
(R) 
License, regulate or prohibit the erection of signs and billboards;
(S) 
Require the installation of sewer lines, laterals and sewer facilities on private property and to fix a lien on the property if the owner fails to comply with the order of the Council and the labor and materials are thereafter furnished by the City.
(T) 
Provide a code of ethics by ordinance which shall be binding on all officers, employees and elected and appointed officials as provided herein, setting out the acts, conduct and financial interests which shall be considered to be in conflict with the positions they hold and providing the procedure for enforcing same.
(U) 
Provide, by resolution, for a policy which shall, except under special circumstances, prohibit the City from contracting with any person or entity who or which has, within specific time limits, been convicted of certain felonies or of certain discrimination charges.
(Ordinance 4184 adopted 2/16/88; Ordinance 4208 adopted 5/10/88; Ordinance 4763 adopted 4/5/94; Ordinance 4777 adopted 5/10/94; Ordinance 4953 adopted 3/19/96; Ordinance 4968 adopted 5/7/96; Ordinance 6991, prop. K, adopted 5/15/18)
Except as otherwise provided by law, the Council may, upon the affirmative vote of five (5) members, remove its appointed officers without notice or cause.
(Ordinance 5807 adopted 2/17/04)
Neither the City Council nor any of its members shall direct or request the hiring or removal of any person from an office directed by the City Manager, the City Attorney, the City Auditor, or a Municipal Judge, or by any subordinate of one of the aforementioned Council appointees. However, the Council may consult and advise with a Council appointee, make inquiry regarding the appointments or removals, and may express their opinion in regard thereto. In regard to administrative and executive duties under a Council appointee, the Council and its members shall deal solely through the Council appointee and neither the Council nor any member thereof shall give orders to any subordinates of a Council appointee, either publicly or privately. Willful violation of the foregoing provisions of this Charter by any member of the Council shall constitute official misconduct and shall authorize the Council, by a vote of a majority of its membership, to sanction such offending member by ordering a forfeiture of pay for a period of not to exceed six months if found responsible after a public hearing.
(Ordinance 6991, prop. L, adopted 5/15/18)
The Council, by ordinance, may create, change and abolish offices, departments and agencies other than the offices, departments and agencies established by this Charter. The Council, by ordinance, may assign additional functions or duties to officers, departments or agencies established by this Charter.
There shall be a magistrate of the Municipal Court known as the Municipal Judge who shall be appointed by the Council to serve for a term of two (2) years. The Municipal Judge may be removed by the Council at any time for incompetency, misconduct, malfeasance, or disability. The Municipal Judge shall receive such salary as may be fixed by the Council from time to time. All costs and fines imposed by the Municipal Court, or by any Court in cases appealed from judgments of the Municipal Court, shall be paid into the general fund of the City for the use and benefit of the City. The Council shall appoint such alternate Municipal Judges as it from time to time may deem necessary, and shall designate the order of their priority to act in the place of the Municipal Judge in the event of the Municipal Judge’s unavailability or failure to act for any reason, or in the event of a vacancy in such office. Any person appointed to serve as a Municipal Judge or alternate Municipal Judge under this section shall be an attorney licensed to practice law in the State of Texas.
(Ordinance 6991, prop. N, adopted 5/15/18)
Prior to the end of each fiscal year, the Council shall designate a certified public accountant, who, as of the end of the fiscal year, shall make an independent audit of accounts and other financial transactions of the City government and shall submit a report to the Council and to the City Manager. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or of any of its officers. He shall not maintain any accounts or records of the City business, but, within specifications approved by the Council, shall post audit the books and documents kept by or for any office, department or agency of the City government.
A copy of such audit shall be kept in the Office of the City Secretary subject to inspection by any citizen and officer during regular office hours.
The Council shall be the judge of the election and qualifications of its members as set forth in this Charter and for such purposes shall have the power to subpoena witnesses and require the production of records, but the decision of the Council in any case shall be subject to review by the Courts.
The City Auditor shall be chosen by Council.
(A) 
Qualifications and Term.
The City Auditor shall be a person knowledgeable in generally accepted government auditing standards, principles of municipal accounting, and local government policies, operations, and processes.
The City Council may enter into an employment agreement with the City Auditor for a definite term of two (2) years. The City Council may terminate the employment agreement at its will and pleasure by a vote of not less than five (5) members of the City Council. The action of the City Council in removing the City Auditor shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such removal in the City Council.
(B) 
Powers and duties of the City Auditor.
The City Auditor shall serve the public interest by providing independent and objective audits, investigations, special projects, overseeing internal audit functions, and performing other duties as assigned by the City Council.
The City Auditor shall have access to all records, personnel, and physical properties owned by the City, as authorized by City Council, relevant to the performance of audits, investigations, or special projects.
(C) 
The City Auditor shall have such assistants as shall be provided for in the budget from time to time, to be appointed by the City Auditor. Any such assistant may be discharged at any time by the City Auditor. All powers and duties imposed on the City Auditor may be exercised and performed by an assistant, upon City Auditor’s designation.
(Ordinance 6991, prop. O, adopted 5/15/18)
The Council may sell, assign, transfer or privatize the water or sewer system, the electrical system, or the landfill or landfill operations owned by the City of Garland, provided that a 3/4 majority of the City Council shall vote in the affirmative to hold a special election and pursuant to Texas Government Code 1502.055, as currently provided or as hereafter amended. Thereafter the action shall by [be] submitted to the qualified voters of the City of Garland for their authorization. Provided, however, nothing herein shall be construed to prevent the City Council from entering into contracts with private entities for the management of all or portions of any of the above referenced utilities so long as effective control of the utility is not surrendered. Nothing herein shall be construed to limit the provisions of Article XIV, Initiative and Referendum Ordinances.
(Ordinance 4763 adopted 4/5/94; Ordinance 4777 adopted 5/10/94)