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1966-02-14 CITY COUNCIL SPECIAL MEETING MINUTES19. MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF PEARLAND, TEXAS, HELD ON FEBRUARY 14, 1966 IN THE CITY HALL A special meeting of the Pearland City Council was called to order at 7:30 P. M., February 14, 1966 with the following present: Mayor John G. Kegley Councilman Steven A. Shukanes, Jr. Councilman Gene E. Sanders Councilman Victor A. Nolen Councilman Basil L. Cogbill Councilman Joe Dan Calvin City Secretary W. A. McClellan Visitors: Susan Bridges, Mrs. David L. Smith, Jr., David L. Smith, Jr., S. L. Williamson, Richard Ford, Francis Jamison, Alma Barnes, Carlton McComb, Ralph Venhoff, Mrs. Thomas P. Alexander, Tom Alexander, W. N. Fitzpatrick, S. D. Hollenbeck, Max E. Duke, Billy G. Roby, Aubrey Taylor, Dale Watson, Bill Leverett, J. R. May, Frank Lee, Mrs. John Kegley -t -Mrs. R. H. Greenwood, Clarence W. Smith, S. S. Allen, A. R. Cornwall, --H. M.--_ Bodine, N. J. Deisch, Dan L. O'Connor, Mr. & Mrs. I. A. Giveni, John -I. Powell, John D. Williams, J. N. Taylor, Cecil E. Wright, D. R- :Kelley, Bert M. Fisher and Jack Harrison. Councilman Nolen stated that'the purpose of the meeting was to-diseuas the status of a city employee and should not be open to the public -and requested an Executive Session be declared with the council room being vacated by all visitors. This request was denied by Mayor Kegley. A motion was made by Councilman Sanders, seconded by Councilman Shukanes that due to the.number of people in attendance and for better accomodations that the meeting be adjourned and moved to the school auditorium. WHERE- UPON, the question was asked and the motion failed, Councilmen Sanders and Shukanes voted "aye" with Councilmen Calvin, Cogbill and Nolen voting "no." A motion was made by Councilman Nolen, seconded by Councilman Calvin that an Executive Session be called. Mayor Kegley denied the motion as being out of order. Councilman Nolen requested Mayor Kegley. to give his authorization to dismiss City Attorney Jack Harrison. Mayor Kegley replied by reading Article 994 of Vernon's Civil Statutes of the State of Texas. Councilman Nolen requested Mayor Kegley to read Article 1006 of Vernon's Civil Statutes. Mayor Kegley read this Article also. In response Mr. Harrison stated that he did not agree with the Mayor in his interpretation of Article 994 of the Civil Statutes of the State of Texas. A motion was made by Councilman Shukanes, seconded by Councilman Sanders that Mayor Kegley be instructed to secure a legal opinion from the Attorney General of the State of Texas concerning the constuction of a sewage treatment plant by the City of Pearland on a site located in Harris County. WHEREUPON, the question was asked and the motion carried, Councilmen Sanders, Shukanes, Nolen and Calvin voting "aye" with Councilman Cogbill voting "no." A motion was made by Councilman Shukanes, seconded by Councilman Nolen that the Attorney General be consulated on whether or not the Mayor of a General Law City can dismiss a City Attorney or other professional employees without consent of the City Council. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." A motion was made by Councilman Sanders, seconded by Councilman Shukanes 2.0 that regardless of the opinion of the Attorney General on the immediate preceding motion that this Council act at this time to ratify the Mayor's action in the dismissal of the City Attorney. A substitute motion made by Councilman Shukanes, seconded by Councilman Nolen that the above motion be tabled until the opinion is received from the Attorney General. WHEREUPON, the question was asked and the motion carried, Councilman Calvin, Nolen and Shukanes voted "ayes with Councilmen Cogbill and Sanders voting "no." Meeting adjourned at 9:40 P. M. Minutes of meeting approved and/or corrected this the-.7<4day of Attest: City Secretary , A. D. 1966.