No officer or employee having a direct or indirect interest in any proposed or existing contract, purchase, work, sale, or service to or by the city shall vote or render a decision, or use his/her position, authority or influence in a manner that would result in his/her financial betterment. The officer or employee shall make known that interest and shall refrain from voting upon or otherwise participating in his/her capacity as a city officer or employee in the making of such sale, contract or performance of such contract.
No officer or employee shall accept any gift, except as may be allowed by law.
Any knowing and willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof may be removed from office. Any violation of this section, with the knowledge, expressed or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or council.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
No person shall be appointed to or removed from, or in any way favored or discriminated against, with respect to any city appointment, employment, contract, or privilege on account of race, sex, religion, national origin or political beliefs.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Charter Am. adopted 5/11/2021)
No money shall be paid by the city upon any claims, debt, demand or account to any person, firm or corporation who is in arrears to the city for taxes, assessment or other debt or obligation. The city shall be entitled to a counterclaim and offset against any such debt, claim, demand, or account in the amount of the taxes or other debt in arrears. No assignment or transfer of such debt, claim, demand or account, after the said taxes or other debts are due, shall affect the right of the city to offset.
No person who owes delinquent taxes, paving assessments or any other delinquent debt or obligation to the city shall be granted any permit, license or privilege until the debt or obligation has been discharged by payment, or an arrangement satisfactory to the city manager has been made for the payment of such debt or obligation.
This section does not apply to any person with a bona fide dispute currently under claim or litigation.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Charter Am. adopted 5/11/2021)
The City of Carrollton shall never be liable for any personal injury, whether resulting in death or not, unless the person injured or someone in his/her behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death injury, shall file a notice in writing with the city manager or city secretary within six (6) months after the same has been received, stating specifically in such notice, when, where, and how the exact injury occurred and the full extent thereof, together with the amount of damages claimed or asserted. The City of Carrollton 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/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, stating specifically when, where and how the injury or damage occurred and he full extent thereof, and the amount of damage sustained.
The City of Carrollton shall never be liable for any claim for damage or injury to real property caused by the negligent act or mission of its officers, servants, agents or employees, unless the person whose real property has been injured or damaged, or someone in his/her behalf, shall file a claim in writing with the city manager or city secretary within six (6) months after said damage or injury has occurred, stating specifically when, where and how the injury or damage occurred, and the amount of damage claimed. The City of Carrollton 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 Carrollton 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 or the city secretary 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.
No provision of this section shall ever be so construed as to expand the ordinary liability of the city.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
It shall not be necessary in any action, suit or proceeding in which the City of Carrollton is a party for any bond, undertaking or security to be executed on behalf of said city, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond, undertaking or security had been given, and said city shall be liable as if such obligation had been duly given and executed.
(Adopted by electorate, 9/19/1961; Charter Am. adopted 5/11/2021)
The property, real and personal, belonging to said city shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to said city, in the hands of any person, be liable to garnishment on account of any debt it may owe or funds it may have on hand due any person, nor shall the city or any of its officers or agents be required to answer to any writ of garnishment on any account whatsoever, nor shall said city be liable to the assignee of any wages of any officer, agent or employee of said city, whether earned or unearned, upon any claim or account whatsoever, and as to the city such assignment shall be absolutely void.
(Adopted by electorate, 9/19/1961)
No lien of any kind can ever exist against the public buildings, public halls, parks or public works of the City of Carrollton. All subcontractors, materialmen, mechanics and laborers upon any public works of the City of Carrollton are hereby required to notify the city of all claims they may have on account of such work against the city, and when such notice has been given, the city shall retain an amount from any funds due the contractors, sufficient to satisfy all claims; provided that such notice may be given at any time after such indebtedness becomes due and before final settlement; and provided, further, that no contractor or subcontractor shall issue any time checks on or on account of any public works of said city.
(Adopted by electorate, 9/19/1961)
In addition to any bonding provisions herein provided, the council may require any city official, department director or city employee, before entering upon such duties, to execute a good and sufficient bond with a surety company doing business in the State of Texas, and approved by the council, as surety thereon, said bond to be in such amount as the council may demand, payable to the City of Carrollton, and conditioned for the faithful performance of the duties of the office; premium of such bond to be paid by the city.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
No person shall hereafter be appointed to an office or employed by the City of Carrollton, who is related to any member of the council or city manager within the second degree of affinity or the third degree of consanguinity.
No person who is related to the head of a department within the second degree of affinity or the third degree of consanguinity shall hereafter be employed in that same department.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Charter Am. adopted 5/11/2021)
In case of disaster when a legal quorum of elected council members cannot otherwise be assembled due to multiple deaths or injuries, the surviving member or members of the elected council, or highest surviving city official, if no elected official remains, must within twenty-four (24) hours of such disaster, request the county judges of Dallas and Denton Counties to appoint a commission not in excess of five members to act during the emergency and call a city election within fifteen (15) days of such disaster for election of a required quorum, if for good reasons it is known a quorum of the present council will never again meet.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998)
For the purpose of nominating and electing members of the council, the provisions of this Charter shall be in effect for the regular municipal election to be held in 1999. Sections 2.12 and 2.13 shall take effect October 1, 1998. For all other purposes, this Charter shall be in effect from and after its approval by the electors of the city and the entering of an official order upon the records of the city by the governing body declaring the same adopted.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2354 adopted 8/11/1998)
This Charter may be amended no more than once every two (2) years as provided by the laws of the State of Texas.
A Charter review committee, consisting of at least eight (8) members, each of whom shall be a qualified voter of the City of Carrollton, may be selected by the council, in compliance with Section 10.10.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Charter Am. adopted 5/11/2021)
All ordinances, resolutions, rules and regulations of the City of Carrollton heretofore ordained, passed or enacted, that are in force at the time this Charter becomes effective, and which are not in conflict with such Charter, shall remain in full force until altered, amended or repealed by the governing body of the city after such Charter takes effect.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
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.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
The council may, by ordinance, prohibit the sale of liquor in all or part of the residential sections of the city.
(Charter Am. adopted 5/11/2021)