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)
The Mayor and each Council Member shall, on the date of election,
have the following qualifications:
(1) Be a
citizen of the United States;
(2) Be a
resident of the City of Brady for at least twelve (12) consecutive
months prior to election day 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;
(5) Have
no felony convictions; and
(6) Not be
found mentally incapacitated by a court having jurisdiction.
(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)
The Council shall be primary authority for ordering the election
and final determination of qualification of new members.
(Prop. 3, approved at election of 5/9/09)
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. No member
shall hold or exercise more than one (1) civil office of emolument.
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 may have signatory authority for all legal contracts and commitments of the City. The Mayor may sign all ordinances and resolutions as provided in Section
3.16 Ordinances and Section
3.19 Resolutions. The Mayor shall have veto power over ordinances in accordance with Section
3.18 Veto of Ordinances by the Mayor.
The Mayor may take command of the police and govern the City by proclamation and/or by emergency ordinance in accordance with Section
3.17 Emergency Ordinances and maintain order and enforce all laws.
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)
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.
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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.
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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.
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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.
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The office of Mayor or Councilmember shall become vacant upon
the death or resignation of the incumbent, 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.
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. Special Meetings shall be open
to the public, and public notice shall be given upon no less than
seventy-two (72) hours notice by posting an agenda in accordance with
the Open Meetings Act, Chapter 551, Tex. Gov’t. Code.
Emergency Meetings: In case of an urgent
need to meet regarding a public emergency affecting life, property
or the public peace, or essential, time-sensitive City business requiring
a response in less than seventy-two (72) hour response, the Council
may convene for an Emergency Meeting. In the case of an Emergency
Meeting, the subjects to be discussed (when applicable) must be posted
in City Hall at least two (2) hours before the Emergency Meeting is
convened.
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)
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, and no action of the Council
shall be valid or binding unless adopted in an open meeting with a
quorum present. Less than a quorum may adjourn any meeting.
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, 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.
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. The following powers and duties are not exclusive but are
enumerated for greater clarity:
(1) Appoint
and remove the City Manager as herein provided;
(2) Ensure
enforcement of the provisions of this Charter and provide adequate
administrative organization to enforce same;
(3) Adopt
the budget of the City;
(4) Call
bond elections and authorize the issuance and sale of bonds;
(5) Provide
control of all City finances;
(6) Provide
for boards and commissions as prescribed in this Charter or as deemed
necessary and appoint all such boards and commissions upon the recommendations
of the Mayor;
(7) Adopt,
modify and carry out the plans proposed by the Planning and Zoning
Commission and other boards and commissions;
(8) Adopt,
modify and enforce building codes, fire codes, and health codes;
(9) Provide
for all public utilities and serve as the primary regulatory agency
for the rates thereof, whether City-owned or furnished by private
utility companies;
(10) To
pass ordinances and resolutions as necessary, or as prescribed in
this Charter;
(11) Provide
police powers to ensure the safety of all citizens, protect their
health, life and property, prevent and summarily abate and remove
all nuisances, preserve and enforce good government, order and security
of the City and its inhabitants; and
(12) Make
investigations into municipal affairs.
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.
(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.
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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.
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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.
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(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.
The Council may require the City Secretary and certain other
officers to enter into a good and sufficient fidelity bond or insurance
in a sum to be determined by the Council. Such bond or insurance shall
be conditioned upon a faithful discharge of the duties of such persons
and shall be payable to the City of Brady. Such bond or insurance
shall be signed as surety by some company authorized to do business
under the laws of the State of Texas. The premium of such bond or
insurance shall be paid by the City of Brady.
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.