The weekly Iberian. (New Iberia, La.) 1894-1946, 1920-08-28
OFFICIAL MlNUTEs
CITY COUNCIL

New Iberia, La, August %, l920.
The Board of Trustees of the City
of New Iberia convened this day in
regular session with Mayor H. ):
Sealy presiding, Messrs. Girard and
Nillermin, present.
The minutes Of the previous meet
mrs were read and the minutes SHOW
ing the presentation of the reslgna-
ton of Mr.. l.. F. Villermin as Trus-
tee of Public Property and the &C
ceptance thereof and the appointment
of Mr.. l.. F. Villermin as Commls-
sioner of Public Property during the
interval, were presented by mr. WI
lermin as were Incorporated In the
minutes of the meeting Of July 10Th,
and August End At this meeting to-
day Trustee of Finance Girard states
that motion accepting Mr.. Viiler-
MINIS resignation as read in the MN
utes of July Goth was not made by
him, that he never offered a motion
to accept the said resignation and re-
quests then and there the correction
of and the erasing of that said por-
ton of these minutes before signing.
On motion of Mr.. Girard, seconded
by Mr.. Villermin, the minutes as cor
rected were ordered signed.
Mr.. T. Vuillemot as attorney for
Mr.. John Anglers appeared before the
Board to ascertain whether or not
the election called for Sept. End to
elect Commissioner of Trustee Of
Public Property shall be held, and to
ascertain whether or not ii the re
signation of Trustee Villermin had
been accepted, and to ascertain the
authority if the resignation of l.. +.
| Vilermin had been accepted has the
said l.. f. Villermin been acting as a
Commissioner of Public Property.
The following opinion by City At
spread on the minutes by Mr.. Viller-
min:
To the Honorable the Mayor and
Board of Trustees of the City OF
New Iberia, La.
Gentlemen
In reply to yours of the 18th in
slant soliciting an opinion on the
legality of the proceedings had by
your Board, concerning the vacancy
caused by the resignation of Mr.. L
+. Villermin, as Commissioner o.
Public Property, | beg leave to sub
nit to you the following opinion.
The provisions of your Charte'
which is Act 1877 of 1910, Article
(4S) provides that if vacanc,
should occur in the Office of any sucl
Trustee, save by recall, the Boar'
shall appoint an eligible person t.
fill such vacancy pending an election
to fill such vacancy for the unexpir
ed term.
Said election shall be held in no
less than thirty 500 days nor mor'
than sixty days from the date O
said vacancy.
A vacancy shall exist when al
elected officer failed to qualify fol
thirty days after notice of his cleo
ton dies, resigns, removes from tn,
City, absents himself continuousl.
therefrom for two months, is con
victed of felony, judiciously de
clared lunatic or fails to furnish
bond as herein provided.
Article AZ provides the manner O
4 filling that vacancy, that is by APP
pointment of an eligible person t
fill the Office until an election nigh
be held, and that said election canno
be held before the lapse of thirt.
days, and not later than sixty day
from the date of said vacancy, in tn
present case the election is order
ed for Sept. End, 1920, which woul,
be less than the thirty clear days, ant
is therefore a nullity.
Article 10 Of your Charter, whicl
controls all elections of members o
this Board, prescribes the manner o
holding said election and says: 9Th
:, Board of Trustees shall issue a cal
for election of said members, an
publish said call in the Official Jour
nal of the City fixing the date O
which persons desiring to becom
candidates shall file their application
(which date herein shall not be les
than thirty days prior nor more tina
forty days to the election) and tn
location of the polling places. fin
that none of the provisions Of thi
article have been complied with !
lyour resolutions, and an election hel
under said call would be illegal, nu
and void.
The delays prescribed in this Art
|cle and those in the previously quo
ed are positive and sacramento,
lean be neither more nor less, it
l1Ot IeIJ W JIle ulSCIctiOn VI ehC So'
erning authorities.
Respectfully submitted,
l.. O. Hacker,
City Attorne
On motion of Mr.. Villermin, Sc
onded by Mr.. Girard, and adopte
unanimously:
Be it resolved, that Mayor H.
Sealy be authorized to compel Il
connection Of all premises to Il
Sewer System of the City in confo
unity with requirements of the Loui
lana State Board of Health, and
take the following streets first due
pavement and improvements, Ma
Street, Duperier Ave-, Iberia Stree
Center Street Railroad Ave., and 5
Peter st.
Resolution No. 233.
The following resolution was offe
ed by Mr.. Girard, seconded by m
Villermin, and adopted unanimousl
Be it resolved by the Board
Trustees of the City of New 1beri
that note be signed by Mayor Sc
" to the New iberia Foundry al