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MIN 12.30.2003 CC-SRegular Session: Called to order at 5:30 p.m. The meeting was called to order at 5:30 p.m. by Mayor Gary Nelon, noting that a quorum of the Council was not present at the meeting. He explained that the Texas Election Code, Chapter 67, prescribes that two members of the Council constitute a quorum for the purpose of canvassing the results of an election, so therefore the canvass would proceed. It was determined that if, upon further investigation, the present quorum was not found to be sufficient by the City Attorney, this meeting would be continued to 12:00 noon on Wednesday, December 31, 2003, for the purpose of officially canvassing the election results. A Consideration of appointment of a canvassing team of councilmembers to canvass the results of the December 20, 2003 Special Election — Mayor Gary Nelon Mayor Nelon appointed Councilmembers Gabe Sansing and John Kirby to serve as the Canvassing Team. Kirby reported that the results appear to be proper and he recommended that the canvass be considered as being correct. B. Consideration of approval of a resolution canvassing the votes for the December 20, 2003 Special Election and declaring the election results to be official — Sandra Lee Motion by Kirby, second by Sansing to approve the resolution canvassing the results and declaring that Ben Oliver received 136 votes, Jeff VerColen received 58 votes, and Mark Ramsey received 89 votes. Approved 3-0. (Eason, Smith and Snell absent) C. Consideration of a resolution ordering a Runoff Election for January 24, 2004 — Sandra Lee Motion by Sansing, second by Noble to approve the resolution. Approved 3-0. (Eason, Smith and Snell absent) 5:35 p.m. -- adjournment *Special Note: It was determined by the City Attorney, after consulting with the Secretary of State on Wednesday, December 31, 2003, that the canvass and the approval of the resolution canvassing the votes were legal, but the resolution ordering the Runoff Election was not legal because of the lack of quorum of the governing body. It was determined by the City Attorney and the City Secretary that the resolution ordering the Runoff Election was, in fact, not necessary because the Runoff Election had been approved, if necessary, in the resolution passed on November 11, 2003, calling the Special Election. Approved: Gary NeI , Mayor Minutes of Special Council Meeting December 30, 2003 Page 1 of 1 Page Attest: Sandra Lee, City Secretary