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~ k, KYLF. APTI7 wALKL°f~ - Arxor~.Ews ex Law FxBSr Narzoxav Daxx Avzz.vzxv IiExBx Ci. KnE SAN MAAOOS. TRxAS A..,,xRrM.W Es April 9, 1962 Mr. B. R. Fuller City Manager City of San Marcos San Marcos, Texas Dear Mr. Fuller: At the request of Mr. H, Garland Stokes, I set out excerpts from the statutes and cases pertinent to the question of the right of the mayor to vote on matters coming before the City Council, Two statutes have to be considered in this regard, namely Articles 997 and 1007 of the Texas Statutes. Same are quoted in full for examination.. Article 997: "All ordinances and resolutions adopted by the council shall, before they take effect, be placed in the office of the city secretary; and the mayor shall sign those he approves. Such as he shall not sign, he shall return to the city council with his objections thereto. Upon the return of any ordinance or resolution by the mayor, the vote by which the same was passed shall be recon- sidered. If, after such reconsideration, a majority of the whole number of aldermen agree to pass the same, and enter their votes on the journal of their proceedings, it shall be in force. If the mayor shall neglect to approve or object to any such proceedings for a longer period than three days after the same shall be placed in the secretary's office as aforesaid, the same shall go into effect". Article 1007: "The mayor shall preside at all meetings of the city council, and shall have a casting vote, except in elections. If he and the president pro tem are absent, any alderman may be appointed to preside." Two Texas cases are of help in interpreting said articles, namely, Robinson vs. Hays, Court of Civil Appeals, 62 Southwest °2nd 1007 and City of Centerville vs. Adkinson, Court of Civil Appeals, 291 Southwest 2nd 798.