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Run-Off Election To Be Held

Pursuant to Section 3.03 of the Act (Article 6243n-1, V.T.C.S.) governing the Austin Police Retirement System (the "System"), an election was held in December of 2005 to elect two police officer members of the Board of Trustees (the "Board") of the System. The Election Committee of the Board met on December 19, 2005, and certified that the following candidates, being all of the persons who received votes in the election, received the number of votes set forth beside their respective names: Sean Mannix 335 votes Mike Jung 305 votes Wuthipong Tantaksinanukij 305 votes Cathy Ellison 145 votes The Election Committee declared that Sean Mannix had received the highest number of votes and was elected to one of the two positions. The Election Committee further declared that Mike Jung and Wuthipong Tantaksinanukij had tied for the second highest number of votes, and that the winner as between the two of them would have to be determined as permitted by Section 3.03, which provides that selection shall be by lot. The Board has agreed that, if the two individuals who tied for the second highest number of votes so request, and if all candidates who received less than 335 votes waive any right they might have to challenge the vote or to request or demand a recount of votes, a run-off election shall be held between Mike Jung and Wuthipong Tantaksinanukij on a date established by the Board, with balloting to begin December 23, 2005, and ballots to be valid only if received at the System's offices on or before January 10, 2006, or mailed to the System's correct address and postmarked on or before January 10, 2006, and that the person receiving the most votes in that run-off election shall be the person elected to the other police officer position voted upon in the election. Mike Jung and Wuthipong Tantaksinanukij have agreed, do agree that a run-off election shall be held between them as described above, and that the person receiving the most votes in that run-off election shall be conclusively deemed to have been elected by both vote and by lot, and in accordance with Section 3.03.

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