No property owned or held by the City of Garland shall be subject to any execution of any kind or nature.
No fund of the City or within the custody of the City or any of its officials in any official capacity shall be subject to garnishment and the City shall never be required to answer in any garnishment proceedings.
No assignment of wages or other compensation earned, or to be earned, by any employee of the City shall be valid and the City shall never be required to recognize any such assignment or to answer in any proceedings thereon.
(A) 
The City of Garland shall never be liable for any personal injury, whether resulting in death or not, unless the person injured or someone in his or her behalf, or in the event the injury results in death, the person or persons who may have cause of action under the law by reason of such death or injury, shall file a notice in writing with the City Manager or City Secretary within six (6) months after the same has been sustained. The written notice must expressly state facts in sufficient detail so a determination can be made as to when, where, and how the death or injury occurred and the full extent thereof, together with the amount of damages claimed or asserted.
(B) 
The City of Garland shall never be liable for any claim for damage or injury to personal property unless the person whose personal property has been injured or damaged, or someone in his or her behalf, shall file a claim in writing with the City Manager or the City Secretary within six (6) months after said damage or injury has occurred. The written notice shall expressly state facts in sufficient detail so a determination can be made as to when, where, and how the injury or damage occurred and the amount of damage claimed.
(C) 
The City of Garland shall never be liable on account of any damage or injury to person or to personal property arising from or occasioned by any defect in any public street, highway, alley, grounds or public work of the City of Garland unless the specific defect causing the damage or injury shall have been actually known to the City Manager at least twenty-four (24) hours prior to the occurrence of the injury or damage, or unless the attention of the City Manager shall have been called thereto by a notice thereof in writing at least twenty-four (24) hours prior to the occurrence of the injury or damage and proper diligence has not been exercised to rectify the defect. The notice herein required to be given to the City Manager of the specific defect causing the damage or injury shall apply where the defect arose from any omission of the City itself, through its agents, servants or employees, or acts of third parties.
(Ordinance 6991, prop. II, adopted 5/15/18)
It shall not be necessary in any action, suit or proceeding in which the City of Garland is party for any bond, undertaking or security to be executed in behalf of said City, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if bonds, undertaking or security had been given, and the City shall be liable as if such obligation had been duly given and executed.
All checks, vouchers, warrants or orders drawn on the funds of the City shall be signed by the City Manager or City Secretary and countersigned by either the Mayor or Mayor Pro Tem.
(Ordinance 4402 adopted 2/20/90; Ordinance 4420 adopted 5/7/90)
All persons holding administrative office at the time this Charter takes effect shall continue in office and in the performance of their duties until provision shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any office, department or agency of the City by the laws of the state shall, if such office, department or agency be abolished by this Charter or under its authority, be thereafter expired and discharged by the office, department or agency designated by the Council unless otherwise provided herein.
All contracts entered into by the City, or for its benefit prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this Charter takes effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws.
Any franchise heretofore granted by the City of Garland which has not expired by its own terms prior to the adoption of this Charter shall not be deemed to have been modified, canceled, extended or expanded in any manner by the adoption of this Charter.
No action or proceeding, civil or criminal, pending at the time when this Charter shall take effect, brought by or against the City or any office, department or agency or officer thereof, shall be affected or abated by the adoption of this Charter or by anything therein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office, department or agency or officer, but in that event the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter.
The general laws of the State of Texas and ordinances of the Council shall furnish the authority for the power and exercise thereof and control all matters to the extent not specifically and completely covered by this Charter.
If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part to which such holding shall directly apply.
The Charter Commission, in preparing this Charter, finds and decides that it is impracticable to segregate each subject so as to permit a vote of “yes” or “no” on the same, for the reason that the Charter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these reasons, the Charter Commission directs that the said Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of Garland at an election to be held for that purpose on the 16th day of October, A.D., 1951. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall become the Charter of the City of Garland and after the returns have been canvassed, the same shall be declared adopted.
An official copy of the Charter shall be filed with the records of the City and the Mayor shall as soon as practicable certify to the Secretary of State an authenticated copy under the seal of the City, showing the approval by the qualified voters of such Charter.
In not less than thirty (30) days prior to such election the City Council shall cause the City Clerk to mail a copy of this Charter to each qualified voter of the City of Garland as appears from the Tax Collector’s roll for the year ending January 31 preceding said election.
No act, representation or omission of the City, its employees, agents or officers shall work to estop the City from the enforcement of its laws or the carrying out of its public duties.
The City shall provide liability coverage to all officials and officers in a minimum amount of five million dollars ($5,000,000.00) to provide protection for any claim, judgment or litigation arising out of the official’s or officer’s active or alleged error or misstatement of fact or omission or neglect or breach of duty, including misfeasance, malfeasance or nonfeasance, by the official or officer in the discharge of their duties with the City, individually or collectively, or any matter claimed against them solely by reason of their being or having been City officials or officers.
The following claims made against the official or officer are excluded:
(1) 
Based on acts of the official or officer not authorized by this Charter;
(2) 
Based upon or attributable to their gaining in fact any profit or advantage to which they were not legally entitled, including remuneration paid in violation of law as determined by the courts;
(3) 
Brought about or contributed to by fraud or dishonesty of an official or officer; however, notwithstanding the foregoing, the official or officer shall be protected under the terms of this section as to any claims upon which suit may be brought against them by reason of any alleged fraud or dishonesty on the part of any official or officer, unless a judgment or other final adjudication thereof adverse to such official or officer shall establish that acts of active or deliberate dishonesty or fraud committed by such official or officer was material to the cause of action so adjudicated;
(4) 
Any claim is insured by any valid policy or policies or which shall be deemed uninsurable under the law pursuant to which this section shall be construed;
(5) 
Claims for any damages arising from bodily injury, sickness, mental anguish, disease or death of any person or for damage to or destruction of any tangible property including loss of use thereof;
(6) 
Claims for false arrest, libel, slander, defamation of character, invasion of privacy, wrongful eviction, assault or battery;
(7) 
Any claim based upon or attributable to the rendering or failure to render any opinion, treatment, consultation or service if such opinion, treatment, consultation or service was rendered or failed to have been rendered when such official or officer was engaged in any activity for which they received compensation from any source other than the City or were gratuitously engaged other than by specific direction of the City;
(8) 
Claims arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminations or pollutants into or upon land, the atmosphere or any watercourse or body of water, but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental;
(9) 
Any claims arising out of the official or officer acting in a fiduciary capacity or as trustee or in any similar capacity;
(10) 
Any claim against any attorney, architect, engineer or accountant while acting in the scope of his or her professional duties;
(11) 
Any claim for any damages arising for inverse condemnation, adverse possession or dedication by adverse use;
(12) 
Any claim arising out of the criminal conduct of the official or officer above the level of a Class C misdemeanor;
(13) 
Any claim for which the City is insured under a policy of insurance involving conduct by the official or officer that is excluded from coverage under the policy of insurance.
(Ordinance 6991, prop. JJ, adopted 5/15/18)
This Charter may be amended as provided by the Constitution and laws of this State. Before submitting a proposed amendment to this Charter to the voters, the Council shall first convene a Charter Review Committee, composed of not less than nine (9) residents of the City, to make recommendations to the Council on any such amendment. The Council shall establish the Charter Review Committee no later than the second regular meeting of the Council in the October preceding an election in the following May.
(Ordinance 6095, sec. 2, adopted 3/20/07; Ordinance 6131 adopted 5/21/07)
Subject to Sec. 4, the City Council or their delegate shall have the power and authority to pay claims which it deems to be meritorious for unreimbursed or uninsured damages to real or personal property, suffered by a member of the public through no fault of their own, but which results from direct, positive, affirmative actions or physically doing of something that is contrary to established city policies or procedures by officers, agents, or employees of the city while engaged in the performance of a governmental function or through failure of city property to perform as reasonably expected; provided, however, that no claim may be settled, compromised and paid if such would be barred by applicable statutes of limitations. The City Council may not make or authorize payment in an amount more than $10,000 per event.
No payment shall be made unless the claimant accepts the amount allowed as full compromise and settlement of all amounts claimed or to be claimed against the City, its officers, or employees, arising from the same facts. In the event that no settlement is made, nothing herein contained or done hereunder shall prejudice the city in any defense that it may have in any suit or action. Nothing contained herein shall be construed as creating a cause of action nor the giving of any right to institute or maintain any suit or action which would not otherwise exist or be cognizable under the law as a legal claim nor as in any manner waiving the City’s immunity from suit, liability or both, as the case may be; and provided further that, this section may never be used to pay any claim arising immediately following or concerning claims arising out of floods, war, insurrection, riot, civil disorder or commotion.
(Ordinance 4763 adopted 4/5/94; Ordinance 4777 adopted 5/10/94; Ordinance 6095, sec. 2, adopted 3/20/07; Ordinance 6131 adopted 5/21/07)
The City Council shall direct the establishment of a separate account to receive (i) funds resulting from a reduction in the City’s funding requirements to Texas Municipal Power Agency or (ii) funds returned to the City by Texas Municipal Power Agency. Any such funds, and all accrued interest, shall only be used to reduce debt obligations of the City incurred in connection with providing electric energy to the City or to mitigate the City’s future electric utility rate requirements.
(Ordinance 4953 adopted 3/19/96; Ordinance 4968 adopted 5/7/96; Ordinance 5807 adopted 2/17/04)