The council shall consist of a mayor and seven (7) council members elected from the city in the manner provided in Article VII, for a term of three (3) years or until their successors have been elected and inducted.
(Adopted by electorate, 9/19/1961; Am. Prop. 2, ratified 1/0/1979; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998; Am. Ordinance 2627 adopted 8/14/2001)
The members of the council shall be qualified voters of the City of Carrollton who have been residents of the State of Texas for at least one (1) year and residents of said city or residents of an area now within the corporate limits of said city for at least twelve (12) months prior to filing, shall hold no other public office except that of notary public or member of the National Guard or armed services, and not in arrears in the payment of any taxes or other liability due the city. If a member of the council shall cease to possess any of these qualifications or shall be convicted, including the entering of any plea and receiving deferred adjudication, of a felony or a crime involving moral turpitude, his or her office shall immediately become vacant.
If a member of the council shall announce his or her candidacy, in any general, special or primary election, for any office of profit or trust under the laws of this state or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one (1) year, such announcement or such candidacy shall constitute an automatic resignation of the office then held. Such resignation shall become effective on the date of the next regular municipal general election or the election for which such candidacy is announced, whichever occurs first.
A person who has served as a member of the city council in any place, other than mayor, for two (2) consecutive terms, shall not again be eligible for election in any place on the city council except mayor, until at least one term approximating three (3) years has elapsed. A person who has served two (2) consecutive terms as mayor shall not again be eligible for election as mayor until at least one term approximating three (3) years has elapsed, but shall be eligible for election as a member of the city council in any place, other than mayor. A "term" as used in this paragraph, is that period of time beginning with the taking of the oath of office and running through the oath of office following the next election for that office. Partial terms, of less than two (2) years, will not be counted when determining term limits.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Prop., 5/2/1992; Am. Ordinance 2364 adopted 8/11/1998; Am. Ordinance 2627 adopted 8/14/2001; Charter Am. adopted 5/11/2021)
Members of the council shall be paid $200.00 per month. The Mayor shall be paid $375.00 per month. The Mayor and Council members shall be entitled to reimbursement of necessary expenses incurred in the performance of their official duties when approved by the Council.
(Am. Ordinance 2627 adopted 8/14/2001)
(A) 
The office of mayor or council member shall become vacant upon the holder's death, resignation, removal from office or forfeiture of office in any manner authorized by this charter or state law. A member may resign by submitting a statement in writing to the city secretary. The resignation shall be effective upon receipt in that office.
Upon affirmative vote of the majority of the city council, the mayor or any council member shall forfeit the office if that person:
(1) 
Lacks at any time during the term of office for which elected any qualification for the office prescribed by this charter or by law, or
(2) 
Fails to attend three (3) consecutive regular meetings of the council, or twenty-five percent (25%) of the regular meetings in any six (6)-month period, without being excused by the council.
(B) 
The mayor or a councilmember may be removed from office for:
(1) 
Incompetency;
(2) 
Corruption;
(3) 
Official misconduct;
(4) 
Malfeasance; or
(5) 
Lack of confidence.
(C) 
In this section:
(1) 
"Incompetency" means:
(a) 
Gross ignorance of official duties;
(b) 
Gross carelessness in the discharge of official duties; or
(c) 
Inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer's election.
(2) 
"Official misconduct" means intentional unlawful behavior relating to official duties by the councilmember. The term includes an intentional or corrupt failure, refusal, or neglect of a councilmember to perform a duty imposed by law or under this Charter.
(D) 
A written sworn complaint must be filed by another councilmember with the mayor and the mayor shall:
(1) 
File the complaint;
(2) 
Cause a copy of the complaint to be served on the charged councilmember;
(3) 
Set a date for trial of the case; and
(4) 
Notify the charged councilmember and the other councilmembers of the municipality to appear that day.
(E) 
The Mayor and councilmembers, except the charged councilmember, constitute a court to try and determine the case against the charged councilmember.
(F) 
When such a complaint is made against the mayor, the complaint must be presented to a councilmember(s) of the municipality. That councilmember(s) shall:
(1) 
File the complaint;
(2) 
Cause a copy of the complaint to be served on the mayor;
(3) 
Set a date for trial of the case; and
(4) 
Notify the mayor and the other councilmember(s) to appear on that day.
(G) 
A majority of the councilmember(s) constitutes a court to try and determine the case against the mayor. The councilmember(s) shall select one of the councilmember(s) to preside during the trial.
(H) 
A proceeding under this section is subject to the rules governing a proceeding or trial in a justice court. If two-thirds of the members of the city council who are present at the trial of the case find the charged councilmember guilty of the charges contained in the complaint and find that the charges are sufficient cause for removal from office, the presiding officer of the city council shall enter a judgment removing the charged councilmember and declaring the office vacant. If the councilmember is found not guilty, judgment shall be entered accordingly.
(I) 
A councilmember who resigns, with one (1) year or less remaining in the term of office, or is removed under this section is not eligible for election to the same office for a period equal to the length of a term, as set forth in Section 2.01, after the date of the removal or resignation.
(J) 
A councilmember may not be removed under this section for an act committed before election to office.
(K) 
In the event a vacancy occurs in the office of mayor or council member from any cause whatsoever the council shall, as soon as practicable, order an election to be held on the next uniform election date authorized by state law, or earlier by special election at the council's discretion, for the purpose of filling such office for the remainder of the unexpired term.
(Adopted by electorate, 9/19/1961; Am. Prop. 1, ratified 4/16/1965; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998; Am. Ordinance 2627 adopted 8/14/2001; Charter Am. adopted 5/11/2021)
The mayor shall preside at meetings of the council, and shall be recognized as head of city government for all ceremonial purposes and by the governor for purpose of military law, but shall have no regular administrative duties. The mayor may participate in the discussion of all matters coming before the council. The mayor shall not be entitled to vote as a member thereof on legislative or other matters, except in case of a tie, when the mayor shall have the right to cast the deciding vote. The council shall elect from among the council members a mayor pro tempore who shall act as mayor during the absence or disability of the mayor.
(Adopted by electorate, 9/19/1961; Am. Prop. 3, ratified 2/18/1969; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998)
Except as otherwise provided by this Charter, all powers of the city and the determination of all matters of policy shall be vested in the council. Without limitation of the foregoing powers of the council, the council shall also have power to:
(1) 
Appoint and remove the city manager, municipal court judges and city attorney;
(2) 
With the recommendation of the city manager, establish and abolish other administrative departments and distribute the work of divisions;
(3) 
Adopt the budget of the city;
(4) 
Authorize the issuance of bonds by a bond ordinance;
(5) 
Inquire of the city manager about the conduct of any office, department or agency of the city and make investigations as to municipal affairs;
(6) 
Create advisory boards and commissions and appoint and remove the members thereto;
(7) 
Regulate and restrict the area, height and number of stories of buildings and other structures, the size of yards and courts, the density of populations and the location and use of buildings for trade, industry, business, residence or other purpose, and adopt such other zoning regulations as may be authorized by law;
(8) 
Adopt, modify and carry out plans proposed by the planning and zoning commission for the replanning, improvement and redevelopment of neighborhoods; and
(9) 
Provide an independent audit.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998; Charter Am. adopted 5/11/2021)
The council shall appoint a city manager, for an indefinite term, who shall be the chief administrative and executive officer of the city. No member of the council shall, during the term for which elected, be chosen as city manager. The city manager shall receive such compensation as may be fixed by the council.
(Adopted by electorate, 9/19/1961)
The council may remove the city manager, upon the affirmative vote of a majority of full membership of the council. If removed after serving three (3) months, the city manager may demand written charges and the right to be heard thereon at a public meeting of the council prior to the date on which final removal shall take effect; but pending such hearing the council may suspend the manager from office. The action of the council in suspending or removing the city manager shall be final, it being the intention of the Charter to vest all authority and fix all responsibility for such suspension or removal in the council.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
(1) 
Qualifications.
The council may appoint members of its boards and commissions, who shall be qualified voters of the City of Carrollton who have been residents of the State of Texas for at least one (1) year and residents of the city, or an area now within the corporate limits, for at least twelve (12) months; and hold no other public office except that of notary public or member of the national guard or armed services; and not in arrears in the payment of any taxes or other liability due the city.
(2) 
Removal.
The council may, upon the affirmative vote of a majority of the full membership of the council, remove members of its appointive boards and commissions without notice. If an appointive member shall cease to possess any qualification or shall be convicted, including the entering of any plea and receiving deferred adjudication, of a felony or a crime of moral turpitude, the office shall immediately become vacant.
(3) 
Candidacy for other office.
If a member of an appointive board or commission shall announce candidacy, or shall in fact become a candidate in any general, special or primary election, for any office of profit or trust under the laws of this State or the United States, such announcement or such candidacy shall constitute an automatic resignation of the appointment, effective with the date of such announcement or candidacy.
(4) 
Vacancies.
Vacancies in the appointive boards and commissions may be filled for the unexpired term at the discretion of the council.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361, adopted 4/7/1987; Am. Ordinance 2364, 8/11/1998; Charter Am. adopted 5/11/2021)
Neither the council nor any of its members shall direct or request the appointment of any person to or the removal of same from office by the city manager or by any of his/her subordinates. However, the council may consult and advise the city manager, make inquiry regarding the appointments or removals and may express their opinion in regard thereto. In regard to administrative and executive duties under the city manager, the council and its members shall deal solely through the city manager and neither the council nor any member thereof shall give orders to any subordinate of the city manager, either publicly or privately. 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 expel such offending member from the council if found guilty after a public hearing, and thereby create a vacancy in the place held by such member.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Charter Am. adopted 5/11/2021)
The council, with the recommendation of the city manager, may create, change, and abolish offices, departments or agencies, other than the offices, departments and agencies established by this Charter.
(Adopted by electorate, 9/19/1961; Charter Am. adopted 5/11/2021)
(1) 
Qualifications.
The council shall appoint magistrates of the municipal court to be known as the municipal judge and assistant judges, who shall be appointed for a term of two years. The judges shall be active members of the State Bar of Texas, qualified voters who have been a resident of the State of Texas for at least one year; and hold no other elected public office except that of a notary public or member of the National Guard or armed services; and not in arrears in payment of any taxes or other liability due the city. During the tenure of office, the municipal judge, but not the assistant judges, shall reside in the city of Carrollton.
(2) 
Removal.
The municipal judge and any assistant judge, may be removed by the affirmative vote of a majority of the full membership of the council, or in the manner prescribed for the removal of a county court at law judge should he/she cease to possess the qualification for office.
(3) 
Candidacy for other office.
If the municipal court judge, or any assistant judge, shall announce candidacy, or shall in fact become a candidate in any general, special or primary election, for any office of profit or trust under the laws of the state or the United States, such announcement or such candidacy shall constitute an automatic resignation of the appointment, effective with the date of such announcement or candidacy.
(4) 
Vacancy and compensation.
The municipal judge shall receive such salary as may be fixed by the council. All costs and fines imposed by the municipal court shall be paid into the city treasury for the use and benefit of the city.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998, effective 10/1/1998; Charter Am. adopted 5/11/2021)
The council shall appoint a city attorney, chosen on the basis of his/her qualifications as a competent and practicing attorney. The city attorney shall be an active member of the State Bar of Texas. The city attorney shall receive such compensation as may be fixed by the council. The council may remove the city attorney, upon the affirmative vote of a majority of full membership of the council. The action of the council in suspending or removing the city attorney shall be final, it being the intention of the Charter to vest all authority and fix all responsibility for such suspension or removal in the council.
There shall exist an attorney-client relationship between the city attorney and the city of Carrollton, Texas, and the city council of the city of Carrollton, Texas. The privileged nature of communications between attorney and client as established and recognized by the common law, statutes and rules of the State Bar of Texas shall apply.
The city attorney shall appoint such assistants as shall be provided for in the budget. Any such assistant may be discharged at any time by the city attorney. All responsibilities imposed on the city attorney may be performed by any assistant city attorney, as designated by the city attorney.
(Adopted by the electorate 8/8/1998, effective 10/1/1998; Charter Am. adopted 5/11/2021)
The council shall meet regularly at such times as may be prescribed by ordinance, but no less frequently than once each month. Newly elected members of the council may be inducted into office at the next regularly scheduled meeting following the election. All meetings of the council shall be open to the public, except as provided by state law. Any four council members shall constitute a quorum for the transaction of business, and except as provided in 2.04, the affirmative vote of four or more council members shall be necessary to take any action in the name of the city or to adopt or repeal any ordinance or resolution.
All council members present shall vote upon every motion, except when required to abstain by state law. The vote of each member shall be recorded in the minutes. Any member refusing to vote shall be entered on the record as voting "no."
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998)
The council shall be the judge of the qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts.
(Adopted by electorate, 9/19/1961; Am. Ordinance 2364 adopted 8/11/1998)
The council shall determine its own rules and order of business. It shall keep the minutes of its proceedings, and the minutes shall be open to public inspection. Minutes of all meetings of the council shall be promptly entered in the minute book of the council, and city secretary shall at the same time provide a permanent and adequate index showing the action of the council in regard to all matters submitted to it at both regular and special meetings.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
In addition to such acts of the council as are required by statute or by this Charter to be by ordinance, every act of the council establishing a fine or penalty or providing for expenditure of funds or for contracting of indebtedness, shall be by ordinance.
(Adopted by electorate, 9/19/1961; Charter Am. adopted 5/11/2021)
A full text of all penal ordinances shall be published at least once in the official newspaper of the city, or in lieu thereof a descriptive caption or title stating in summary the purpose of the ordinance and penalty for violation thereof shall be published. All other ordinances, except those ordinances specifically required by the provisions of this Charter to be published, are not required to be published in either the official newspaper of the city or in any other publication. All ordinances shall become effective as of the date stated therein, and in the event no particular date is stated said ordinances shall become effective from and after passage and adoption by the council.
(Adopted by electorate, 9/19/1961; Am. Ordinance 2364 adopted 8/11/1998)
Prior to the end of each fiscal year the council shall designate qualified certified public accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit their report to the council and the city manager. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government or of any of its officers. They 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 the department of finance and any separate or subordinate accounts kept by any other 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.
(Adopted by electorate, 9/19/1961)