128 Called meeting of City Council. Austin, Texas, August 21, 1880. Roll called. Present Aldermen Boardman, Platt, Robertson, Reichman, [illegible] and Tobin. Absent. Alderman Holtenburger. His honor, the Mayor, announced the reasons for the called meeting, and stated that the first business on order, would be the election of the president of the board of Aldermen Alderman Crooker had resigned his posi- tion of Alderman of the said ward, which resignation had been accepted. The minutes of the meeting of July 12th and 15th were read and approved. Alderman Tobin nominated Alderman [illegible] as president vice Crooker resigned. Nomination seconded by Alderman Board- man and Platt. On motion Alderman [illegible] was declared president of the board of Aldermen vice Crooker resigned. His honor, the mayor, announced the fol- lowing changes in committees; Finance Committee. Alderman J. P. Tobin vice Crooker. Street Committee. Alderman [illegible]. Holtenburger as chairman. Also the following temporary changes; Street Committee. (R. Platt vice L. R. Crooker. Fire Department. Alderman [illegible]. Boardman vice L. R. Crooker. The following resolution was introduced by Alderman [illegible]: Whereas, there is reason to believe that the election held in the city of Austin on the 16th day of August 1850 for the election of a mayor of said city, was ordered held and conducted without authority of law, and in violation of the provisions of the charter of said city. — that said elec- tion was ordered held and conducted under --- Page break --- 129 and by virtue of article 16% of the ordinances of said city which is in words as follows: Article 167. (7). Whenever any election, is to be held for city officers, either at the general elections, or to fill a vacancy, the Mayor shall give notice thereof at least ten days, before the day fixed for said election, by printed notices posted in three or more public places, in the city, setting forth clearly all the requirements of the law, as to the time & place of voting, & officers to be elected at the same time, & for said election he shall also at the same time appoint, judges and Clerks for each place of voting, such places of voting to be fixed by the city council, and the manner of conducting said election, and making the returns thereof, shall be the same provided by law in State and county elections, except as modified in the Charter of this city, which said ordinance is in direct conflict with, and is repugnant to Art 17 sec. (1) which is as follows: “All elections for city officers, the voters shall vote by ballot, and shall vote at one time and place as the council shall prescribe, judges of election shall be appointed by the board of aldermen” and also to article 19 which reads as follows, to wit: “The city council shall order special elections to fill unexpired terms of all city officers that are elected.” see pages 18, 19 & 25; city charter. And – Whereas, it is deemed to be for the best interest of the city, that the council should act upon the questions touching the validity of said election. Therefore – Be it resolved, The Mayor be, and he is hereby, authorized and directed to appoint a spe- cial committee of three aldermen, whose duty it shall be, to obtain the written opinion of some competent legal counsel upon all questions of law, arising from or incident to the validity of said election. --- Page break --- 130 manner herein before set forth. Said opinions shall be in response to written questions propounded by said commit tee. All opinions and questions shall be made a part of a report by said special committee to the city council, and the mayor is hereby requested to call a special meeting of the council for the purpose of said committee to report. Said special committee shall be allowed to lay the necessary papers upon the table until after said Alderman shall have reported. Alderman Robertson moved to lay over upon the table the aye and nay call. The motion was lost by the following vote: Yeas – Alderman Mertz, Robertson and Reich. – 3. Nays – Alderman Boardman, Nalle, Platt, Graham and Tobin – 5. By motion of Alderman Platt, the resolution was referred to a special committee of three Alderman, with authority to confer with counsel and to report Thursday night, August 26th. Upon motion, the mayor, appointing as such committee, Alderman Nalle, Platt and Mertz. + Petitions of L. H. Bill and W. A. Parsons & Bro. for permission to construct and carry on various show on East Pecan Street, were presented. Alderman Platt moved the petitions be granted. Yeas and nays being called for, resulted as follows: Yeas – Alderman Mertz, Nalle, Platt and Reichman. – 4. Nays – Alderman Boardman, Robertson, Gra ham and Tobin – 4. There being a tie vote, the chair voted in the negative and the petitions were not granted. + The following ordinance was introduced, read first time and on motion referred to ordi nance committee: "An ordinance amending article 6, § 110 of the Revised ordinances of the City of Austin." --- Page break --- 131 Also the following ordinance re- pealing article 82 of the Revised City ordinance "Read first time, and referred to ordinance Committee. The following communication was presented by Alderman Reichman. Austin, Texas, August 18th, 1880. August Miller Esqr. Acting Chief Engineer of the Fire Dept. Clear Sir, The meeting hall of Austin Hook and Ladder Company, No 1, situated in the building on Bois d'Arc, owned by the city of Austin is in a very dilapidated condition and needs some necessary repairs, such as painting, work on tin of etc.; and I would request you to examine the premises and recommend the work done! Respectfully, J.H. Lehassy Foreman, H & L Co. No 1. Austin, August 28th, 1880. To the honorable Mayor, and Board of Aldermen, city of Austin. Gentlemen: After a careful examination of the premises I recommend the repairs asked for by Foreman Lehassy. The amount of work necessary will not exceed the sum of forty dollars. Respectfully, Aug. Ziller, Acting Chief Engineer A.F. Dept. Recommended by - Fritz Reichman Geo. L. Robertson. On motion the communication was re- ceived. Alderman Reichman introduced the following resolution, which was read first time: A resolution to appropriate forty dollars to repair the Hall of Austin Hook & Ladder Co. No 1. Be it resolved by the City Council of the city of Austin, That the sum of forty dollars be and is hereby appropriated to do necessary repairs in the Hall of Austin Hook & Ladder Company, No 1. --- Page break --- 132 An ordinance requiring Alderman Boardman to take were suspended by the following vote: Yeas_ Alderman Boardman, Metz, Stalle, Platt, Robertson, Reichman, Sheehan and Tobin. -7. Nays_ Alderman Metz_ 1. Robertson read second time, and on motion by Alderman Richman the rules were fur- ther suspended and the ordinance passed on the third read – by the following vote: Yeas_ Alderman Boardman, Metz, Stalle, Platt, Robertson, Reichman, Sheehan and Tobin_ 8. Nays_ None. Richman third time and on motion passed by the following vote: Yeas_ Alderman Boardman, Metz, Stalle, Platt, Robertson, Reichman, Sheehan and Tobin_ 8. Nays_ None. Alderman Tobin moved to reconsider the vote by which the council had refused to grant the petitions of L.M. Bell and W.T. Craiss, & Bros; to carry and construct variety show on East Pecan Street – Carried. A motion of Alderman Tobin the peti- above named were granted for twenty days in which to close variety shows. An ordinance repealing an ordinance entitled “An ordinance amending article 338, (2) of the Revised ordinances of the city of Austin.” ordinance read first time and referred to the ordinance committee. Also an ordinance fixing the minimum price of meat & poultry stalls in the city market. Read first time and referred to ordinance committee. on motion the finance committee were instructed to approve the account of J.M. O. Hays for work done on the streets of Austin. Alderman Stalle introduced the following resolution, which was unanimously adopted: --- Page break --- 133 Resolved by the city council of Austin that the finance committee is hereby authorized to employ such clerical force as they may deem necessary to examine the papers, books, vouchers etc. of the city government. Motion to adjourn until Saturday L. M. Bradley, City Clerk. Adjourned Called meeting of Aug 28/80 Mayor Seabbert presiding - Present Aldermen Boardman, Metz, Robertson, Reichman Shanahan, Tobin Wahrberger Absent Aldermen Nalle & Platt. Mayor presented his officers reports as follows - After reading of which the oath of office as Mayor was administered to Mayor elect L. M. Crooker who having taken his seat motion to adjourn made & carried. L. M. Bradley City Clerk.