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KNOX W. ASKINS, J. D., P. C. <br />ATTORNEY AT LAW <br />JOHN D. ARMSTRONG, J.D. <br />ASSOCIATE <br />702 W. FAIRMONT PARKWAY <br />P. O. BOX 1216 <br />LA PORTE, TEXAS 77571-1218 <br />TELEPHONE <br />713 471-1886 <br />Honorable Mayor <br />and City Council <br />CITY OF LA PORTE <br />City Hall <br />La Porte, Texas 77571 <br />Dear Ladies and Gentlemen: <br />August 15, 1984 <br />The recent resignations of two members of City Council has raised <br />questions concerning quorum of Council, and voting by Council on <br />particular issues, until these vacant positions are filled. <br />Based on Texas Court decisions, it is my opinion that a quorum is <br />a majority of the whole Council, i.e., it will take five Council <br />members present to constitute a quorum to conduct a lawful meeting. <br />A majority vote of the members present and voting is usually sufficient <br />to carry an issue, although certain State laws require a larger vote, <br />such as on certain zoning matters, for example. However, on most <br />issues, if a quorum of five members is present, a majority of that <br />number, or three Councilpersons, would constitute a majority vote. <br />Section 4.03, Sub-paragraph (c), of the Home Rule Charter, provides <br />that the budget shall be adopted by the favorable votes of at least <br />a majority of all members of the whole Council. Thus, five favorable <br />votes will be required for the adoption of the budget, which sets <br />the tax rate. <br />Yours very truly, <br />Knox W. Askins <br />City Attorney <br />City of La Porte <br />KWA:kr <br />