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HomeMy WebLinkAbout05/22/2003 City Council 00782 : MINUTES OF SPECIAL SESSION OF COUNCIL HELD ON MAY 22, 2003 The Special Session oft he City Council oft he City of The Colony, Texas, was called to order at 7:12 p.m. on the 22nd day of May 2003, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Bernetta Henville-Shannon Mayor Absent John Gordon Mayor Pro-tem Present Lewis Jue Councilmember Absent Joe McCourry Councilmember Present Lynda Bayliss Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with five present a quorum was established and the following items were addressed: 7:15 p.m. Mayor Pro-tem Gordon asked the city attorney to make a statement. Councilmember McCourry asked the city secretary to verify that the agenda for this meeting had been legally posted. Patti Hicks, city secretary, replied the agenda had been posted at approximately 6:50 p.m. on Monday, May 19, 2003. Mr. Gary Day, city attorney, advised that the city had been served with a Temporary Restraining Order which restrained Bernetta Henville-Shannon from serving as the head of the canvassing authority (city council) and restrained the council from canvassing the votes in the mayor's race of the mn-off election which had been held Mayl7, 2003. 1. EXECUTIVE SESSION as authorized by Chapter 551.071of the Government Code: A. Consultation with city attorney regarding issuance of certificate of election for office of the mayor. 7:41 p.m. Reconvene in open session 2. Consideration of appropriate action to be taken as a result of the executive session - None 3. Consideration of approval of an ordinance canvassing and declaring the results of a run- off election held in the city on the 17th day of May 2003 (Hicks) The City Secretary read portions of the canvassing ordinance as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A RUN-OFF ELECTION HELD IN SAID CITY ON THE 17TH DAY OF MAY 2003, FOR THE PURPOSE OF ELECTING ONE MAYOR AND TWO COUNCILMEMBERS FOR SAID CITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 00782o WHEREAS, the election returns duly and legally made showed that there were cast at said election 2114 valid and legal votes, and that each of the candidates in said election received the following votes: FOR COUNCILMEMBER PLACE 1 Jim Briggs 997 Allen Harris 1009 FOR COUNCILMEMBER PLACE Scott Ward 1044 Lewis Jue 936 WHEREAS, pursuant to Section 7.04 of Chapter VII of the Home Rule Charter of the City, in order to be declared elected, a candidate must receive a majority of the legal votes cast for the office or place for which such person is a candidate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 3. That the duly elected members of the City Council of the City of The Colony, Texas, elected May 17, 2003, for Mayor and Councilmembers Place 1 and 2 and subject to the taking and signing of the oaths as provided by the laws of the State of Texas, are as follows: Councilmember Place 1 Allen Harris Councilmember Place 2 Scott Ward Section 4. That the public importance of this measure and the fact that it is in the best interest of the City to declare the duly elected officers of the City at the earliest possible date for the immediate preservation of the public peace, property, health and safety of the City and its citizens creates an emergency and an imperative public necessity which requires that this Ordinance shall take effect and be in force from and after its final passage and approval, and it is accordingly so ordained. Motion to approve the ordinance as read- Marks; second- Bayliss carried with the following vote: Aye- McCourry; Bayliss, Schrag, Marks Abstain - Gordon 2 0078') 4. Administer the Oath of Office to newly elected Councilmembers (Hicks) Patti Hicks, City secretary administered the Oath of Office to Allen Harris, Councilmember Place 1 and Scott Ward, Councilmember Place 2. They then took their seats on the dais. Councilmember McCourry said the council needs to hold a special session to elect a mayor pro-tern. Councilmember Marks asked John Gordon to step down from the dais and went on to ask the audience to keep cool heads. After brief discussion: Motion to post an emergency session for 7:00p. m. on Friday, May 23, 2003for the purpose of electing a mayor pro-tem and a deputy mayor pro-tem - McCourry; second - Bayliss carried with all ayes. Motion to adjourn - Marks; second - Bayliss carried with all ayes. Meeting adjourned at 7:50 p.m. APPROVED: ATTEST: /e Mc/rry, May7 Patti A. Hicks, TRMC, City Secretary