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HomeMy WebLinkAbout1998-037L�Y ORDINANCE NO 7 AN ORDINANCE APPROVING AMENDMENT NUMBER THREE TO AN AGREEMENT BETWE$N THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DIS- TRICT RELATING TO HOLDING THEIR ELECTIONS JOINTLY IN ELECTION DIS- TRICTS THAT CAN BE SERVED BY COMMON POLLING PLACES, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the Mayor and City Secretary are hereby authorized to execute and attest, respectively, to Amendment Number Three to an Agreement executed on January 17, 1989 between the City of Denton and the Denton Independent School District relating to holding their elections Jointly in election districts that can be served by common polling places within the terms and conditions being contained in the amendment which is attached hereto and made a part of this ordinance for all purposes SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the � day of 1998 JACI' LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY W Qi a APPRO D AS 0 LEGAL FORM 14F.REFRT L PROUTY. CITY ATTORNEY I� STATE OF TEXAS § COUNTY OF DENTON § THIRD AMENDMENT TO THE JOINT ELECTION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT That that certain Joint Election Agreement between the City of Denton, Texas ("City") and the Denton Independent School District ("District") dated the 17`" day of January, 1989, as amended, ("Agreement") is hereby amended to read as follows WHEREAS, City and Districts are local governmental entities who wish to enter into an interlocal agreement to hold Joint elections under Chapter 791 of the Texas Local Government Code, and WHEREAS, both parties are able to conduct elections in accordance with the provisions of the Texas Election Code, and WHEREAS, the governing bodies of each party has authorized this interlocal agreement, and WHEREAS, the District is paying for the performance of these governmental services from current revenues, and the City agrees that the amount being paid for these services fairly compensates it for the services performed, NOW, THEREFORE, WITNESSETH That the last paragraph of the Agreement, as amended, under Section II "Ballots" is hereby amended to read as follows The City Secretary shall furnish a separate set of tally sheets and return forms for use by the presiding officers in the various precincts, so that the results of the election of Trus- tees of the District shall be returned on a separate tally sheet, placed in a separate enve- lope, sealed and so designated, and likewise, the returns made by the presiding officers of the election for City Council of City shall be separately returned on separate tally sheets and in separate envelopes, sealed and designated All tally sheets and returns for the election of Trustees for the District shall be delivered directly to the Secretary of the Board of Trustees of the District or other chief election official of said District All tabulations of the results of the election for Trustees of the Board of Trustees of the Dis- trict shall be conducted by the Judge of the Central Counting Station After completion thereof, all such tabulations, tally sheets, and returns related to the electron of the Trus- tees of the Board of Trustees of said District and said Board will assemble such tabula- tions, and make the official canvass of the election and the final declaration of the results thereof II That the Agreement, as amended, is hereby amended by adding a new section to be enti- tled Section VIII "Cancellation of Election," to read as follows VIII CANCELLATION OF ELECTION In accordance with TEX ELEC CODE §2 051-2 054, which allows a political subdivi- sion to cancel an election and to declare each unopposed candidate elected when the authority responsible for having the official ballot prepared certifies that candidates ap- pear unopposed on a ballot, in the event the City cancels its entire election, the District may contract with Denton County to hold their election In the event that the City can- cels its election in one or more single member districts, if there are only unopposed can- didates in that district or those districts and no propositions on the ballot, the District will pay the total cost of the election expenses associated with holding an election in a district where there would be no City election In all other districts where the City is holding an election, the District will pay half of the election costs, as per the Agreement If District cancels its election, the City will pay the total cost of the election if the entire election is cancelled by the District III Save and except as amended hereby, the sections, paragraphs, sentences, and clauses of the Agreement shall remain in full force and effect EXECUTED this 114 day of 1998 CITY OF DENTON, TEXAS JA LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY Page 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY E \DOCMUOINT ELECTION WITH DISD DENTON INDEPENDENT SCHOOL DISTRICT TITLE Page 3