122 Ky. 606 | Ky. Ct. App. | 1906
OPINION op the Cotjet by
— Reversing.
To test the validity of an ordinance enacted by the city council of Lancaster, Kentucky, a city of the fifth class, this action was instituted. The ordinance in question provides that it shall be unlawful for any person to engage in the occupation or trade of merchant tailoring without first having obtained a license therefor and paying the license tax of $50 per year, and its validity is assailed: First. Upon the ground that Ky. Stat., 1903, section 3636, requires an ordinance of this character to be introduced into the council five days before it is passed, and that the meeting at which this ordinance was first introduced was a called meeting, at which only four of the six members of the council were present, two members and the mayor and clerk being absent; that this special meeting was not called either by the mayor or by three members, nor was written notice of the meeting delivered to each of the members, as required by section 3633, of the Kentucky Statutes of 1903. Second. That this special meeting was not held at the place where the city had designated by ordinance that meetings of the council shall be held. Third. That it is in violation of section 180 of the Constitution, providing in part that “every ordinance or
Under the admitted allegations: of the petition it may be conceded that, if this' ordinance was required by the statute to be introduced at a meeting of the council held five_days before its- final passage, it would be invalid, as the meeting at which it was first considered was not called in the manner provided by the statute, nor held at the place designated for meetings of the council. Ky. Stat., 1903, section 3633, provides that the city council “shall hold regalar meetings once in each month, at such times as they shall fix by ordinance. Special meetings may be called at any time by the mayor, or by three members by written notice delivered at least three hours before the time specified for the proposed meeting. All meetings of the city council shall be held within the limits of the city, and at such places as may be designated by ordinance and shall be public.” The purpose of tire statute in requiring the city council to hold its meetings at the time and place fixed by ordinance was to give the citizens of the town an opportunity to be present, if they desired, at the deliberations of the council, and to make such suggestions as they deemed wise and proper for the government of the city.
The council is the legislative body of the city, and occupies towards it the same general relation as the General Assembly of the State does towards the
When the council has designated by ordinance the place at which meetings of the city council shall be held, a meeting held in another place, unless some cogent reason could be shown why it was not held at the regular place, would not be authorized under the statute, and the council at such meeting would have no power to enact ordinances for the government of the city. Town of Springfield v. People’s Deposit Bank, 111 Ky., 105, 63 S. W., 271, 23 Ky. Law Rep., 519.
We cannot, however, agree with counsel for appellee that it was necessary that tbis ordinance should be introduced at a meeting of the council held before its passage. Section 3636 of tbe Kentucky Statutes of 1903 provides that i£no ordinance and no resolution granting a franchise for any purpose shall be passed by tbe city council on tbe day of its introduction, nor within five days thereafter, .nojf. at any other than a regular meeting. No resolutions or order for tbe payment of money shall be passed at any other time than a regular meeting. And no ordinance, resolution or order shall have any validity' or effect unless passed by tbe votes of at least three members of the city council.” Under tbis statute no ordinance or resolution granting a franchise can
As the ordinance in question in this case does not grant a franchise to any person, and was passed at a regular meeting of the council held at the time and place provided by ordinance for meetings of the council and' when the mayor and clerk were present, it is not open to the objection urged against it on account of irregularity in the meeting at which it was first introduced, as it is not material whether the meeting at which it was introduced was a valid meeting or not.
Nor is the contention of counsel that the ordinance is void because it fails to specify the purpose for which the tax is levied' tenable. It is true, as held
We are therefore of the opinion that the ordinance is valid, and the judgment of the Circuit Court is reversed, with directions to proceed in conformity to this opinion.