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Resolution No. 6113 RESOLUTION NO. 6113 251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE(S) OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 4, 2008 WHEREAS, pursuant to §10229 of the Elections Code of the State of California, as of the close of the nomination period for Cypress City Council on August 8, 2008, there were not more candidates than offices to be elected and that under these circumstances and as one of the options available pursuant to §10229 of the Elections Code, the City Council may appoint to the office the person who has been nominated; and WHEREAS, two City Council seats were open for the subject election; and WHEREAS, the incumbents, Phil Luebben and Todd W. Seymore, were the only persons who returned nominating papers for the two open City Council seats, and the nomination papers were deemed to be complete and sufficient so that the aforementioned candidates are the only qualified candidates for City Council; and WHEREAS, a notice of the facts described above and the courses of action available to the City Council was published on August 13, 2008 in a newspaper of general circulation pursuant to law and as required by Elections Code §10229, subdivision (a)(3). NOW, THEREFORE, the City Council of the City of Cypress, California, does hereby resolve, declare, determine and order as follows: SECTION 1. That pursuant to §10229 of the Elections Code of the State of California, the following persons shall be and hereby are appointed to the offices to which they were nominated: Phil Luebben Todd W. Seymore SECTION 2. The election scheduled to be held on Tuesday, November 4, 2008, for the purpose of electing two members of the Cypress City Council is now canceled. SECTION 3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office. SECTION 4. This resolution shall take effect immediately. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress at a special meeting held on the 18th day of August 2008. " 41/A/ MAYOR OF THE CITY •1' CYPRESS ATTEST: 0�1u / CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a special meeting of the said City Council held on the 18th day of August 2008; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills, and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS