City of Terrell Wells v. City of San Antonio, 11872.
| Decision Date | 13 October 1948 |
| Docket Number | No. 11872.,11872. |
| Citation | 216 S.W.2d 657 |
| Parties | CITY OF TERRELL WELLS et al. v. CITY OF SAN ANTONIO et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Seventy-Third District, Bexar County; Delos Finch, Judge.
Suit in the name of the City of Terrell Wells, by C. W. Adams, Jr., and others as officials of such city and in their individual capacities, against the City of San Antonio and the mayor and commissioners thereof, to enjoin defendants from exercising authority over territory alleged to be within plaintiff city's boundaries. From a judgment denying an injunction, plaintiffs appeal.
Affirmed.
See also 195 S.W.2d 421.
George G. Clifton and Robert F. Townsend, both of San Antonio, for appellants.
T. D. Cobbs, Jr., City Atty., of San Antonio, for appellees.
This is a suit for injunction brought in the name of the City of Terrell Wells by C. W. Adams, Jr., and others claiming to be officials of said City of Terrell Wells. The persons named in the petition also sued in their individual capacities.
The City of San Antonio and its Mayor and Commissioners were named as defendants. The plaintiffs sought injunctive relief restraining the City of San Antonio and its officials from exercising authority over certain territory alleged to be within the boundaries of the City of Terrell Wells.
This is not a quo warranto proceeding and the State of Texas was not a party to the suit.
The trial court, after a hearing on the merits, refused to grant an injunction. The question presented is whether or not an attempted annexation of territory by the City of San Antonio was void.
The City of San Antonio is a home rule city operating under Article XI, Section 5, of the Texas Constitution, Vernon's Ann. Stats., and Chapter 13, Title 28, 1925 Revised Civil Statutes and amendments thereto, Articles 1165-1182f, Vernon's Ann.Civ. Stats., having adopted a charter in accordance with the constitutional and statutory provisions above mentioned. The charter of the City of San Antonio contains provisions for the annexation of adjacent territory (Paragraph 2, Section 2, Charter of San Antonio) as authorized by Sec. 2, art. 1175, Vernon's Ann.Civ.Stats.
This charter provision reads as follows:
"The Commissioners of said City shall have power by ordinance to, from time to time, otherwise fix and change the bounds and limits of said City and provide for the extension thereof and the annexation of additional territory lying adjacent to said City, with or without the consent of the territory and inhabitants annexed; upon the introduction of such an ordinance, and after it has been amended as desired by said Commissioners for final passage, it shall be published in some daily newspaper published in the City of San Antonio one time, and shall not thereafter be finally passed until at least thirty (30) days have elapsed after said publication, and when said ordinance is finally passed the said territory so annexed shall be within the bounds and limits of said City and a part thereof, and the inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City, and shall be bound by the acts, ordinances, resolutions and regulations thereof."
On August 9, 1945, an ordinance was introduced in the City Council of the City of San Antonio, proposing to annex a substantial part of the Terrell Wells community. The territory covered by this proposed ordinance was subsequently included within the boundaries of the City of Terrell Wells.
Notice of this ordinance was published the next day and during the month an informal hearing was held before the council, at which time a number of protests and objections to the proposed annexation were made by inhabitants of the territory affected.
No further steps were taken by the City...
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