City of Azle v. Martin, B--2994
| Decision Date | 20 October 1971 |
| Docket Number | No. B--2994,B--2994 |
| Citation | 474 S.W.2d 687 |
| Parties | CITY OF AZLE, Texas, Relator, v. Crawford C. MARTIN, Respondent. |
| Court | Texas Supreme Court |
Garrett & Nation, Fred D. Nation, Jr., Fort Worth, Dumas, Huguenin & Boothman, Ed Esquivel and Elbert M. Morrow, Dallas, for relator.
Crawford C. Martin, Atty. Gen., Bob Davis, Asst. Atty. Gen., Austin, for respondent.
The City of Azle seeks a writ of mandamus directing the Attorney General to approve the issuance of revenue bonds in the sum of $1,050,000. The bonds are designated as City of Azle, Texas, Waterworks and Sewer System Revenue Bonds, Series 1971. Acting under the provisions of Articles 709 and 1114, Vernon's Tex.Civ.Stats., City of Azle presented the bonds to the Attorney General, and he refused to approve them upon the grounds that the recent decision in City of Azle v. City of Sanctuary, 467 S.W.2d 211 (Tex.Civ.App.1971, writ ref. n.r.e.) holds that Azle is not a lawfully incorporated city.
Azle and the Attorney General have made stipulations about the relevant facts and the record before us supports each of the stipulations. On August 25, 1971, Azle submitted the record of the bond proceedings to the Attorney General for his approval. It is agreed that the proceedings relating to the authorization of the bonds were in order and in proper form. The parties are in future agreement about the true facts concerning the incorporation of Azle. Chronologically stated, those facts include the following: On March 15, 1957, a proper application for an incorporation election for the City of Azle was presented to the County Judge of Tarrant County. The judge ordered an election which was duly held on April 13, 1957, with a majority of the qualified voters approving incorporation. The County Judge certified the validity of the election by his order of April 23, 1957. See Articles 1134, 1136, and 1139, Vern.Tex.Civ.Stats. On February 11, 1958, the governing body of the municipality passed an ordinance, adopting and accepting the provisions of Title 28 of the Revised Civil Statutes of Texas. It is further agreed and the record shows that Azle's incorporation as a general law city was thereafter validated by Articles 966e, 966f, and 966g, Vern.Tex.Civ.Stats. On August 4, 1970, Azle passed a resolution calling a bond election for August 29, 1970. Thereafter, on September 1, 1970, the City Council duly convened, canvassed the returns of the election, and declared the results in favor of the bond issue.
On August 24, 1971, the City Council passed an ordinance authorizing the issuance of the bonds which are here in question. In the meantime, Azle had taken the steps leading up to an election on the adoption of a city charter so it could operate under the Home Rule Amendment. Art. XI, Sec. 5, Tex.Const. Vernon's Ann.St. The election was held on April 3, 1971, but the city did not formally pass an ordinance declaring the adoption of the city charter until September 21, 1971.
The transcript of the bond record and the agreed facts show that Azle has continuously since 1958 been a duly incorporated city, first as a general law city and then, later, without any interim gap, as a home rule city. All of the steps concerning the bond election and the issuance of the bonds occurred while the city was acting as a general law city.
The Attorney General has refused to approve the bonds, not by reason of the proof made to him, but because of the recent decision in City of Azle v. City of Sanctuary, supra...
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State ex rel. Kimmons v. City of Azle, 18133
...of Azle, the decision in which was made by this court on April 23, 1971. Six months later, on October 20, 1971, (in City of Azle v. Martin, 474 S.W.2d 687 (Tex.1971)), there was the decision of a suit by Azle to have the court mandamus Crawford C. Martin, in his official capacity as the Sta......