HomeMy WebLinkAbout1997-05-27 Special Session Minutes CITY COUNCIL MEETING
ANNA CITY HALL,
MAY 27, 1997
The City Council of the City of Anna met in special session
on -the 27th day of May 1.997 with the following members
present and participating, Mayor, Ron Ferguson, Duane Hayes,
Debbie McIntosh, Lisa Copeland, Joe Murphy and Bob Estep.
The meeting was called to order at 7: 36 p.m. by Ron Ferguson.
Others present were Johnny McBride, Susan Hayes, Alfred
Mason, J.D. Hill, Kenneth Bowers, John Epps, Wendi Clark,
Phyllis Clark, B.J. Koonce, Toby Tobias and Rodney Crawford.
Ron quoted Sections 22 .038 and 22 .039 from the Vernon' s Texas
Codes Annotated of Local Government. Bob made a motion to
adjourn this meeting on the grounds it may not have been
called according to the law, Joe seconded. Motion carried.
This meeting was adjourned at 8:00 p.m. .
Respectfully Submitted,
�Vl Ety Secretary
ieo
Mayor, Ron Fe uson
ALDERMANIC—TYPE A GENERAL-LAW §22.038
Ch. 22 Note 2
§ 22.038. Meetings
(a) The governing body of the municipality shall meet at the time and place
determined by a resolution adopted by the governing body.
(b) The mayor may call a special meeting on the mayor's own motion or on
the application of three aldermen, Each member of the governing body, the
secretary, and the municipal attorney must be notified of the special meeting.
The notice may be given personally or left at the person's usual place of
residence.
re (c) The governing body shall determine the rules of its proceedings and
may compel the attendance of absent members and punish them for disorder-
re ly conduct.
id (d) An alderman shall be fined $3 for each meeting that the alderman fails
to attend unless the absence is caused by the alderman's illness or the illness
of a family member.
all
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Revisor's Note
The revised law substitutes "governing body" for "city council" for the
reason stated by the revisor's note to Section 22.005.
Historical Note
Prior Law: Rev,Civ.St,1895, arts. 413, 567,
Acts 1875, 14th Leg., p. 113, §§ 26, 148. Rev,Civ.St,1911, arts. 814, 815.
G.L. vol. 8, p. 485, Vernon's Ann.Civ.St, arts. 1008, 1009.
Rev.Civ.St.1879, arts. 369, 496,
Cross References
Minutes of meetings, see § 22,073,
Library References
Municipal Corporations(F,-87 to 89.
U.S. Municipal Corporations§§ 393 to 398.
Notes of Decisions
Special meeting 2 2. Special meeting
'rime and place of meetings I The approval of the minutes of a special
meeting of city council at the following regu-
lar meeting is not a ratification of the acts of
1. Time and place of meetings the special meeting. Mills v. City of San Anto-
nio (Civ,App. 1902) 65 S.W. 1121, error re-
Failure of resolution to fix stated place for fused.
using city council meeting did not render session
Ulere illegal, where council met at customary place. Substantial compliance with statute respect-
ed in State v. Hellman (1931) 120 T, 282, 36 S.W,2d ing notice on calling special council meeting is
and 1002. sufficient. State v, Hellman (1931) 120 T. 282,
-ould 36 SAV,2d 1002,
That council meeting commenced at 9
-equi- o'clock instead of 8 o'clock, hour designated Passage of ordinance, transferring money
favor therefor, did not invalidate proceedings had. from city water fund to general tax fund, with-
:isson Id. out strict compliance with procedural require-
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22.038 MUNICIPAL FORM OF GOVERNMENT
Note 2 Title 2
meats of statute and city charter as to calling Vernon's Ann.Civ.St. art. 1008 (repealed;
and notice of special meeting of board of alder- now, this section) relating to special meetings
men, at which resolution authorizing transfer was directory, and oral notification of council
was passed, did not entitle mayor as taxpayer members was sufficient if information was giv-
to injunction against transfer; his taxes not en as to nature of business to be transacted
being increased thereby. Young v,Taylor(Civ. and the time and place of the meeting. Hoi-
den v. City of Boerne (Civ.App.1952) 252 S.W.
App,1936) 92 S.W.2d 1075. 2d 474, ref. n.r.e.
22.03 . Quorum
A majority of the number of aldermen established by Section 22.031 for the
municipality constitutes a quorum. However, at a called meeting or at a
meeting to consider the imposition of taxes, two-thirds of the number of
aldermen established by that section constitutes a quorum unless provided
otherwise.
Acts 1987, 70th Leg., ch, 149, § 1, eff. Sept, 1, 1987.
Historical Mote
Prior Law: Rev.Civ.St.1879, art, 344.
Acts 1875, 14th Leg„ p. 113, § 3. Rev.Civ.St.1895, art, 387.
Rev.Civ.St.1911, art. 784.
Acts 1881, 17th Leg., p, 115. Acts 1949, 51st Leg„ p. 375, ch. 199, § 1.
G.L, vol. 9, p. 208. Vernon's Ann,Civ,St. art. 977.
Library References
Municipal Corporations 0-90,
U.S. Municipal Corporalions § 399.
Notes of Decisions
Construction and application 1 City council was duly constituted at time
Rale of mayor 2 zoning ordinance was passed and ordinance
was valid where council passed ordinance by
`—` vote of three to one, even though only four out
1. Construction and application of five councilmen were present at meeting.
A special council meeting with only three of Hannan v. City of Coppell (Civ.App,1979) 583
S,W.2d 817, ref. n,r,e,
four members present, and no mayor, did not
have "quorum," under either Rev.Civ.St. 1911,
q 2. Rale of mayor
art. 1048 (see, now § 23,028), requiring Pres- For purposes of Vernon's Ann.Civ.St, art.
once of mayor and three aldermen, or Rev. 1033 (repealed; see, now, V.T.C.A. 'fax Code
Civ.SL 1911, art. 784 (now, this section); an § 302.101) requiring favorable vote of two-
ordinance making three members quonrm be- thirds "aldermen" elected to pass valid tax or-
ing immaterial as contrary to statute. City of dinance, the mayor was not an alderman. City
Desdernona v. Wiley (Civ.App.1924) 262 S.W. of Centerville v. Adkisson (Civ,App.1956) 291
185, S,W,2d 798.
( § 22.040. Change of Wards
(a) The governing body of the municipality may divide the municipality
into as many wards as it considers necessary for the good of the residents and
may change ward boundaries. The wards must contain an equal number of
voters as far as practicable.
(b) The governing body may not change the number of wards or bound-
aries of a ward during the three-month period preceding the date of a
municipal election,
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