The legislative and governing body of the City shall consist of a Mayor and five (5) Council Members and shall be known as the “Council of the City of Brady, Texas”. The Mayor and Council Members shall be elected from the City at large. The places on the Council shall be the Mayor and places One (1) through Five (5), consecutively.
The terms of the Mayor and Council Members shall be limited to three (3) consecutive terms of four (4) years. With a layout of one (1) year, members could again be reelected for three (3) consecutive terms. There shall be no more than a total of three (3) consecutive terms in any position of Council Members or Mayor without a layout of one (1) year period. There shall be two (2) Council Members of the Council elected each election year.
The Mayor and each Council Member shall serve until a successor is elected to serve. Regular terms of office shall commence at the first regular Council meeting following the uniform May Election Date of each year.
(Ordinance 1244 adopted 2/20/18, prop. A, approved at election of 5/5/18)
To be eligible to be a candidate for, or elected or appointed to the office of Mayor or Council Member, a person must:
(1) 
Be a citizen of the United States;
(2) 
Be a resident of the City of Brady for at least twelve (12) consecutive months preceding the date of the regular filing deadline for a candidate's application for a place on the ballot and must remain a resident of the City throughout the elected term;
(3) 
Be a registered voter of the State of Texas;
(4) 
Be 21 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable;
(5) 
Have no felony convictions; and
(6) 
Not be found mentally incapacitated by a court having jurisdiction.
(7) 
No person may resign from their current City Council seat and run in an election during their unexpired term.
(Props. 1, 2, approved at election of 5/9/09; Ordinance 1244 adopted 2/20/18, prop. B, approved at election of 5/5/18; Ordinance 1374 adopted 2/6/2024, props. B, D, approved at election of 5/4/2024)
The Mayor shall be paid one hundred dollars ($100.00) per month. The Mayor Pro Tem shall be paid sixty dollars ($60.00) per month. Each other Councilman shall be paid fifty dollars ($50.00) per month. These amounts are not intended to be salaries for services rendered but compensation for routine expenses. This compensation may be reviewed by the Council at five (5) year intervals and be adjusted at the will of the Council; except that no member shall be paid an increased amount during the term of office in which the change was approved. In addition, each shall be paid for any actual and necessary expense incurred while in the discharge of the non-routine duties of the office upon presentation of an itemized statement of such expense to the Council.
(Ordinance 1374 adopted 2/6/2024, prop. A, approved at election of 5/4/2024)
The Mayor shall be the Chief Executive Officer of the City and shall serve as the ceremonial head of the City government. The Mayor shall preside at meetings of the Council and shall work closely with the Council to provide proper legislative functions, and, with the City Manager, to ensure they are enforced.
The Mayor may participate in the discussion of all matters coming before the Council. The Mayor shall not be entitled to vote on legislative or other matters except in case of a tie when the Mayor shall have the right to cast the deciding vote. The Mayor’s right to vote is also expressly provided for in this Charter in Section 3.06 Mayor Pro Tem, and Section 3.07 Removal from Office.
The Mayor or two Council Members shall recommend to the Council appointees for the boards and commissions. The Council shall approve appointees for boards and commissions.
The Mayor shall have all powers provided by this Charter, by the Laws of the State, or by the Council.
(Resolution 2015-007 adopted 2/17/15, prop. 3, approved at election of 5/9/15; Ordinance 1374 adopted 2/6/2024, prop. A, approved at election of 5/4/2024)
At the first regular meeting after election of new members of the Council each year, the Council shall elect one (1) of its own members to be Mayor Pro Tem for (1) year. Each Council Member, except the Mayor, is to be considered automatically nominated and the Mayor shall have a vote. The vote shall be taken orally and the Mayor Pro Tem shall be the Council Member who receives the most votes. In the absence of the Mayor, the Mayor Pro Tem shall perform the duties of the office of the Mayor and in this capacity shall be vested with all powers conferred on the Mayor. When presiding over Council proceedings, the Mayor Pro Tem shall retain the right to vote as a Council Member.
(Resolution 2015-007 adopted 2/17/15, prop. 4, approved at election of 5/9/15)
The Mayor or any member of the Council may be removed from office in accordance with the procedures set forth in this Chapter, if such member:
(1) 
Fails at any time to maintain the qualifications specified in Section 3.02.
(2) 
Willfully violates any express prohibition of this Charter.
(3) 
Is proven guilty of official misconduct.
(4) 
Is found to be incompetent to perform the duties of the office.
(5) 
Is removed from office by action of a recall election.
(6) 
Willfully violates any law duly enacted by procedures prescribed by this Charter.
(7) 
Fails to attend four (4) consecutive regular meetings of the Council without first being excused by three (3) of the remaining members.
If a member of the Council is charged by another elected official with a ground for removal as described in this Section, except for a recall, a hearing shall be held not less than seven (7) nor more than twenty-one (21) days from the date on which the written charges are presented to the member accused. The purpose of the hearing shall be to determine whether or not the charges are sufficiently grounded to initiate recall procedures. The Mayor shall preside at the hearing before the Council and Council may subpoena witnesses and records as required or necessary. If the Mayor is the accused, the Mayor Pro Tem shall serve as the presiding officer at the hearing. The accused shall have the right to present evidence in his own defense, but shall not have a vote as to his innocence or guilt. At the conclusion of this hearing, a vote shall be taken and the Mayor shall be allowed to vote, unless he is the accused.
The vote shall determine whether the Council shall call an election to recall the accused member. Four (4) votes in the affirmative shall be required to initiate the recall election proceedings. The minutes of the hearing shall record the vote by roll call. If a member of the Council is removed from office, that place on the Council shall be deemed vacant and shall be filled in accordance with the rules prescribed in this Charter.
If recall election proceedings are so initiated, these proceedings shall be in accordance with Article VIII, Recall of Officers, except the hearing described above shall be sufficient for the Council to call the election per Section 8.08 et seq. and the petitioning process described in Section 8.02 through Section 8.07 shall not be required.
It is the intent that only the qualified electorate shall remove an elected official from office. The mere fact that an elected official has been charged by another elected official shall not deprive the accused official of his rights as a member of the Council.
The office of Mayor or Councilmember shall become vacant upon the death or resignation of the incumbent, failure to maintain retain residency within the City of Brady throughout the elected term, or upon his or her removal from office by any manner authorized by law or in this Charter. Any vacancy or vacancies, whether in the office of Mayor or places on the Council, shall be filled by special election in accordance with this Charter called for such purposes within one hundred and twenty (120) days after such vacancy or vacancies occur. Vacancies cannot be filled by appointment. The date for special elections to fill vacancies shall be the first uniform election date after the vacancy occurs and for which there is sufficient time to call and give notice of the election as required by law; provided that if no such election date falls within 120 days after the date of the vacancy, the Council shall, without regard for the uniform election dates specified in the Texas Election Code, order such election to be held on a Saturday within 120 days from the date of the vacancy. All vacancies filled by election shall be for the remainder of the unexpired term of the office so filled. No election will be required if the vacated office has a term of 120 days or less remaining.
(Ordinance 1374 adopted 2/6/2024, prop. B, approved at election of 5/4/2024)
The Council shall hold at least two (2) regular meetings each month and as many special (additional) meetings as necessary to transact the business of the City and citizens.
Regular and Executive Session Meetings: The Council shall fix by ordinance the dates and times of the regular meetings, and such meetings must be at least two (2) weeks apart. Executive Session Meetings (closed to the public) shall also be permitted in accordance with the Open Meetings Act. For Regular Meetings and subsequent Executive Session Meetings, public notice shall be given by posting an agenda in accordance with the Open Meetings Act, Chapter 551, Tex. Gov’t. Code.
Special Meetings: Special (additional) meetings of the Council shall be held if called by the Mayor or by a majority of the Council Members.
Meeting Agendas: The Mayor shall approve all agendas to be posted but shall not approve an agenda which does not specify the subjects to be discussed in an executive session. Any two (2) Council Members may require the Mayor to include additional subjects, for which notice must be posted in accordance with the Open Meetings Act.
(Ordinance 1244 adopted 2/20/18, prop. D, approved at election of 5/5/18; Ordinance 1374 adopted 2/6/2024, prop. A, approved at election of 5/4/2024)
Whether or not the Mayor is present, three (3) Councilmembers shall constitute a quorum for the purpose of transacting business unless otherwise stated in this Charter.
(Ordinance 1374 adopted 2/6/2024, prop. A, approved at election of 5/4/2024)
All members of the Council present, excluding the Mayor, shall vote upon every resolution, ordinance, or other binding action requiring a vote of the Council; provided that, if any member of the Council has a conflict of interest as defined by State law, that fact shall be stated in the minutes and such member shall abstain from consideration of the issue and from voting. A majority vote of the members present, there being a quorum, shall decide all issues except that any ordinance providing for fines, penalties, taxes, franchises, annexation, disannexation, or setting of rates shall require four (4) affirmative votes to pass. If there are only four (4) members present, one (1) of which is the Mayor, no vote may be taken on any ordinance requiring four (4) votes to pass.
(Ordinance 1374 adopted 2/6/2024, prop. B, approved at election of 5/4/2024)
The Council shall, by ordinance, determine its own rules and order of business except that citizens of the City shall have a reasonable opportunity to be heard at any meeting in regard to any matter. Minutes shall be kept by the City Secretary for all meetings and all such minutes shall be complete so as to provide a public record of the transaction of the Council meeting. The minutes shall record the vote of the Council Members on all issues voted upon. All minutes must be approved by Council at the next regular Council meeting and the approved minutes shall be attested to by the presiding officer and the City Secretary. Such minutes so approved shall be filed by the Secretary and become archives of the City.
The ordinance prescribing the procedures of the Council may provide for compelling members to attend Council meetings and may provide for penalties for failure to attend. The ordinance shall require all newly elected officials, prior to being sworn in, read and be familiar with this Charter, the City code of ordinances, the current City budget, the file of resolutions, and any other records or documents as the Council deems appropriate for orientation. Each elected official shall take the oath of office as prescribed by state law and further affirm the following: “I have read and will abide by the articles and sections of the City Charter and will uphold the ordinances of this City.” Prior to the second Council meeting of any newly elected official, the City Manager shall conduct a briefing for orientation of the new official.
(Ordinance 1244 adopted 2/20/18, prop. E, approved at election of 5/5/18)
The Council shall require the City Secretary to keep a separate and complete file of all minutes of Council meetings, a separate and complete file of all ordinances, separate and complete file of all resolutions passed by the Council, and such files shall form the archives of the City. The Council shall codify all civil and criminal ordinances and shall cause the authenticated City code to be published in a loose leaf form so that it may be kept current by insertion of new pages as ordinances are amended or new ordinances are passed.
The Council shall have all the powers necessary and incident to the proper discharge of the duties imposed upon it, and is hereby vested with all powers necessary to carry out the terms and provisions of the Charter; it being intended that the Council shall have all powers that are now or hereafter granted to municipalities by the Constitution, laws of the State of Texas, and by this Charter, except where specific powers are conferred on some other officer by this Charter.
(Ordinance 1374 adopted 2/6/2024, prop. A, approved at election of 5/4/2024)
Council to act as a Body. The Council shall have powers only as a body meeting with a quorum present and no Member shall have power to act individually except where that power is conferred upon the Member in this Charter or by the Council. However, each Member shall have the right to inquire into any matter whether or not such matter is brought before the Council in order to serve as an independent Member of the Council.
Other officers. Except where authorized by law, no Mayor or Council Member shall hold any other City office or City employment during the term, and no former Member of the Council or Mayor shall hold any City office with compensation until one (1) year after the expiration of the term.
Orders to City Employees. Neither the Council nor any Member shall give orders directly to any City employee, except where authorized in this Charter or when empowered to do so by emergency proclamation, and/or ordinance as provided in Section 3.17 Emergency Ordinances.
(Resolution 2015-007 adopted 2/17/15, prop. 5, approved at election of 5/9/15)
The Council shall legislate by ordinance and the enacting clause of every ordinance shall read: “BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRADY, TEXAS.”
An ordinance must be enacted: whenever the purpose is to regulate persons and property; whenever there is imposed a penalty, fine, forfeiture, or tax; whenever the purpose is to set a rate paid by consumers; whenever an ordinance is required by State law or the Charter; or when an ordinance is being amended.
An ordinance must be enacted to legally commit the City to any contract that: (1) affects rates for services or utilities, and/or (2) that will in any manner require the expenditure of City funds either currently or in the future. Expenditures shall be clearly defined in monetary terms in all contracts. No such ordinance shall be enacted as an emergency ordinance. This provision shall not apply to contracts for professional services as prescribed in Section 13.16 General Provisions/Definitions.
The form of all ordinances shall include in the following order:
(1) 
A unique number to be used for indexing and filing.
(2) 
A descriptive caption consisting of a concise summary of the subject, any penalties provided for its violation and whether the ordinance was passed as an emergency as provided in Section 3.17 Emergency Ordinances.
(3) 
A preamble is optional but should be used whenever the Council desires to define the reason for the ordinance.
(4) 
The ordaining clause.
(5) 
The body of the ordinance.
(6) 
A final statement, “PASSED AND APPROVED THIS ______ DAY OF _____,” and the signature blocks. All ordinances must be signed by the Mayor, Mayor Pro Tem, or any two (2) Council Members. The City Secretary shall attest to all signatures.
Unless an exceptional circumstance exists, each ordinance, except when deemed an emergency, shall be read and considered at two (2) regular scheduled meetings of the Council. The Council may dispense with full readings provided the caption is read and the ordinance was distributed to all Council Members at least two (2) days prior to the meeting.
Each ordinance shall be submitted in writing prior to the meeting at which it is introduced. The ordinance may be modified or amended by the Council at any meeting when it is read and considered; except it cannot be changed at the meeting when it is finally voted upon. All ordinances, duly passed, shall be filed and maintained by the City Secretary as prescribed by Section 4.07 City Secretary. Unless prescribed otherwise, an ordinance shall become effective on the fourth day following passage.
Except as otherwise provided by law or this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for violation of any of its provisions and of every other ordinance required by law to be published by causing the ordinance or its caption to be published in the official newspaper at least one (1) time within ten (10) days after final passage thereof. The ordinance shall take effect ten (10) days after the date of such publication. Any Emergency Ordinance shall become effective upon passage as provided in Section 3.17 Emergency Ordinances.
(Resolution 2015-007 adopted 2/17/15, prop. 6, approved at election of 5/9/15; Ordinance 1244 adopted 2/20/18, prop. F, approved at election of 5/5/18)
To meet a public emergency affecting life, property or the public peace, the Council may adopt emergency ordinances. Such ordinances shall not: levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility or City service; annex or disannex any territory; nor authorize the borrowing of money, except as provided in Section 6.06 Borrowing to Meet Emergency Appropriations of this Charter.
An emergency ordinance shall be introduced in the form and manner prescribed for other ordinances. Emergency ordinances shall be plainly designated in the caption. The emergency ordinance shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or may be rejected at the meeting at which it is introduced. The affirmative vote of a majority of the Council Members present shall be required for adoption. After adoption, if necessary, the ordinance shall be published as required for other adopted ordinances and shall become effective immediately upon its being published. Otherwise the emergency ordinance shall become effective immediately upon passage. Additional references to emergency ordinances are included in Section 3.15 Prohibitions and Section 3.16 Ordinances.
(Resolution 2015-007 adopted 2/17/15, prop. 7, approved at election of 5/9/15)
Upon passage of an ordinance, the Council must present it to the Mayor for his signature. Thereupon the Mayor may sign the ordinance or refuse to sign; if he refuses to sign, he must write out his objections to the ordinance and file the same with the City Secretary within three (3) days after the day of passage. If the Mayor fails to file a statement of objections within three (3) days, the ordinance automatically becomes law in accordance with the procedures prescribed in Section 3.16 of this Charter. If the Mayor timely files a statement of objection to an ordinance, the Council at the next regular meeting may override his objection by casting a two-thirds (2/3) vote for adoption of the ordinance in its original form. The Mayor shall not veto any ordinance declared an emergency.
The Council must set policy, and may state opinion, accept grants, make findings of fact, authorize and direct its officers and employees to take any lawful action, and may call and canvass any general or special election, by resolution, and all resolutions shall contain the enacting clause “BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF BRADY, TEXAS.” The form of resolutions shall be the same as for ordinances. All resolutions shall be signed by the Mayor, Mayor Pro Tem, or any two (2) Councilmembers, and filed in the archives of the City.
Each resolution shall be drafted before the meeting wherein it is to be first considered but may be drafted at that meeting. The resolution must be in final written form and duly signed before it becomes effective. The file of resolutions shall form the “policy manual” for the City.
[1]
Editor's note–Former section 3.20 pertaining to official bonds for city employees and deriving from the 5/9/2009 election, was repealed and deleted in its entirety by Ordinance 1374 adopted 2/6/2024, prop. A, approved at election of 5/4/2024.
The Council shall have the power to inquire into the conduct of any office, department, agency, officer or employee of the City; to make investigations into municipal affairs and to subpoena witnesses, administer oaths and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce such books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine to be set by the Council.