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At a called meeting of the City Council, held on Februmry 19th, 1962, at 11:00 A.M., <br /> <br />there were present: <br /> <br />R. Irvine Smith, C. S. Atkinson~ Jack P. Barnes, John L. Dillon, <br />W. T. Leafy, George R. Walker, A.P. Johnson, Jr., City Mn'ringer, <br />and J.S. Livesay, Jr., City Attorney. <br /> <br />The meeting was opened with prayer by Mr. Walker. <br /> <br />The following call for the meeting was read: <br /> <br /> "Please attend a s~ecial meeting of'the City Council, in the Council Chamber, at <br />11:00 A.M., on Monday, February 19th, 1962, to consider the resignation of Councilman H.E. Weiseman and the <br />election of a member of Council to fill the unexpired term of Mr. Weiseman. <br /> By Order of the President. <br /> <br /> 62-35 Motion of Mr. Barnes to accept the resignation with regrets and that a <br />proper resolution be drawn relative to the services of Mr. Weiseman as a member of the Council. <br /> <br /> The resignation "After eighteen years of service on the Council of the City of Portsmouth, I <br />sincerely regret that I must resign the office of Councilman, effective February 15th, 1962. <br /> This action is being taken due to the urgent insistence of my physician. The mind <br />is willing, but the body needs a rest. <br /> Please accept my best wishes and blessings in your continued efforts to provide <br />the people of our great City with the good government they deserve. Signed - H. Earl Weiseman." <br /> <br /> Motion of Mr. Walker to amend the motion to read 'effective June 30th, 1962' was <br />lost, there being no second. <br /> <br />Vote being taken, M.r~.' Barnes' motion was adopted, without dissenting vote. <br /> <br />62-36 - Motion of Mr. Barnes to go into the election of a successor to Mr. Weiseman <br /> <br />was adopted. <br /> <br /> ' ' Mr. Barnes nominated L. L. Knight,to fill the unexpired term of Mr. Weiseman, which <br />term expires June 30, 1964.' <br /> Motion of Mr. Leafy to close the nominations was adopted, without dissenting vote. <br /> <br /> Mr.' Walker asked f~r an opinion from the City Attorney regarding the replacement of <br />a member of City Counci.1 W~0 ~oes, npt ~oraglete his term of office, asking specifically if it would be possible <br />to call a special election for this purpose, rather than elect the new member of Council by vote of the refrain- <br />ing members. <br /> <br /> At the request of the Chair, the City Attorney stated that the City Council can not <br />request the Court to call a special election for the replacement of a Councilman; this opinion being based on <br />the provisions of the City Charter wh~h take precedence over general law. <br /> <br /> Vote being taken on Mr. Barnes' motion, L. L. Knight was elected a member of <br />Portsmouth City Council, and by the following vote: <br /> <br />Ayes: Smith, Atkinson, Barnes, Dillon, Leary <br />Nays: None <br />Abstaining - Walker <br /> <br /> Mr. Walker stated that he abstained from voting because he objected to filling the <br />vacancy by appointment, and not because of any objection to the nominee. <br /> <br />On motion adjourned. <br /> <br />Approved - <br /> <br />President. <br /> <br />City Clerk <br /> <br /> <br />