03031965 Regular Meeting - Laserfiche WebLink

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I- I I (' Y.~ "'- '1--; , :>.- 0 () <1~' I:r d:l KYLE AND WALKER ATTOB'..NEYS AT LAw FIRST NATIONAL BAN.H: BUILDING HENRY G. KYLE ALBERT M. WALKER SAN MARGOS, TEXAS March 4, 1965 City Council City of San Marcos San Marcos, Texas. Gentlemen: Concerning the power to fix salaries of the mayor and aldermen, such is controlled by Article lOlO of the Texas Civil Statutes. As such article is ambiguous in some respects, I take the liberty of quoting it in full as follows: "The City Council shall, on or before the 1st day of January next precedi~ each election, fix the salary and fee of office of the mayor to be elected at the next regular election, and fix the compensation to be paid to the officers elected or appointed by the City Council. The compensation so fixed shall not be changed during the term for which said officer shall be elected or appointed." There is no doubt that the City Co~ncil, under said Article 10l0, has the power to fix the salary of the mayor. But, as to the aldermen, a reading of said Article 1010 leaves the power to fix their salaries very much in doubt. If the phrase "fix the compensation to be paid to the officers elected or appointed by the City Council" may reasonably be taken to include aldermen, then their salaries can be fixed in the same manner as that of the mayor. On the other hand, if said quoted phrase is merely referring to city officials who are either e~ected or appointed by the Ci~y Council, and not to aldermen themselves, then said Article 1010 is otherwise silent as to fixing of salaries for aldermen. The fixing of salaries must be auth orized by the State Legislature. Article 1010 is the only pertinent regulation the Legislature has seen fit to pass in this regard.