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ORDINANCE NO Of (6 Rn
AN ORDINANCE ORDERING AN SPECIAL ELECTION TO BE HELD IN THE CITY OF
DENTON, TEXAS, TO FILL A VACANCY IN PLACE 2, ON JANUARY 18, 1997,
AND, IF A RUN OFF ELECTION IS REQUIRED, ON FEBRUARY 15, 1997, FOR
THE PURPOSE OF ELECTING A COUNCILMEMBER TO PLACE 2 OF THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS, DESIGNATING VOTING PLACES AND
APPOINTING ELECTION OFFICIALS, PROVIDING FOR BILINGUAL NOTICE OF
THE ELECTION, PROVIDING NOTICE OF THE FILING DEADLINE FOR A PLACE
ON THE SPECIAL ELECTION BALLOT, ORDERING THAT AN ELECTRONIC VOTING
SYSTEM BE USED, MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT
THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Councilmember Jeff Krueger has submitted his resigna-
tion as Councilmember for Place 2 and, by Resolution No R96-057
passed by the City Council on September 24, 1996, the Council has
accepted Councilmember Krueger's resignation, creating a vacancy in
Place 2 under Tex Elec Code §201 023, and
WHEREAS, the City Council requested that Governor George Bush
authorize the City to hold this election on a date prior to the
next uniform election date by proclaiming this an emergency
election under Tex Elec Code §41 0011, and
WHEREAS, Governor Bush has refused to declare an emergency
election so that this special election could be held on a date
other than a uniform election date and in accordance with Section
2 04 of the City Charter, and
WHEREAS, the City Council needs to hold this special election
on the next available uniform election date which is Saturday,
January 18, 1997 in accordance with Tex Elec Code §41 001, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That a special municipal election is ordered to be
held in the City of Denton, Texas, on Saturday, January 18, 1997,
such date being a uniform election date as defined in Tex Elec
Code §41 001, as amended (the "Code") for the purpose of electing
a Councilmember to fill the vacancy for District or Place 2 In
the event a runoff is required, the runoff election shall be held
on Saturday, February 15, 1997
SECTION II That the filing deadline for a place on the
special election ballot will be December 18, 1996
SECTION III That the polling places, which shall be open from
00 a.m to 7 00 p m, shall be as follows
Voters residing in District (Place) No 2 shall vote at
FIRE STATION NO 4
2110 SHERMAN DRIVE
DENTON, TEXAS
SECTION IV That the election officials for the election and
the runoff, if any, shall be as follows
For District (Place) No 2 Doris Chipman, Presiding Judge and
Mary Mecay, Alternate Judge
Jennifer Walters, City Secretary, shall conduct early voting
under the Texas Election Code
George Spuller shall be Presiding Judge for the Early Ballot
Board, along with the other Early Ballot Board officials named
in Section VI below
The presiding judges are authorized to appoint a sufficient
number of clerks as necessary to assist them in the election,
including bilingual assistants as required by law The rate of pay
for election judges and clerks shall be the maximum amount provided
for by State law
SECTION V That early voting shall be conducted for the
election, and the runoff election if necessary, by the Office of
the City Secretary as early voting clerk in the Municipal Building
at 215 East McKinney Street in the City of Denton, Texas The
polls for early voting by personal appearance shall be open between
the hours of 8 00 a m and 5 00 p m Monday through Friday,
commencing on December 30, 1996 and ending on January 14, 1997 In
addition, early voting shall be held on Saturday, January 4, 1997,
between the hours of 10 00 a m and 3 00 p m , at the same location
as weekday early voting
SECTION VI Early voting by mail shall be conducted by the
City Secretary as early voting clerk in conformance with the
requirements of the Code Valid application and ballots voted by
mail shall be requested from and sent to Jennifer Walters, City
Secretary, City Secretary's Office, City of Denton, Texas, 215 East
McKinney, Denton, Texas 76201 The Early Voting Ballot Board is
hereby created and authorized to canvass the early votes cast by
mail and by personal appearance The following persons are hereby
appointed as election officers of the Early Voting Ballot Board
Presiding Judge, George Spuller, Alternate Judge, Alma Clark, and
Clerk, Ilene Steward
SECTION VII That the Mayor is hereby directed to provide
notice of the election, and the runoff election if necessary, in
accordance with Sections 4 002 and 4 003 of the Code, the notice to
be printed in the Spanish language and the English language
SECTION VIII That an electronic voting system, using
optically scanned ballots, meeting the requirements of Chapter 124
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of the Code, shall be used for said election Preparation of the
necessary equipment and official ballots for the election shall
conform to the requirements of the Texas Election Code
SECTION IX That the City Secretary is authorized to prepare
the official ballot for the election and to perform every act
required by the City Charter and the laws of the State of Texas for
holding elections
SECTION X. The election officers named above shall make
returns for the election in the manner required by law The
ballots that are properly marked in conformance with the provisions
of the Texas Election Code for votes cast both during the period of
early voting and on the day of the election shall be counted in the
manner required by law
SECTION XI Substantial copies of this ordinance in both
English and Spanish shall serve as proper notice of the election
and said notice shall be (a) published at least once in a
newspaper of general circulation published within the City, not
less than the thirtieth day or later than the tenth day before the
election, (b) posted, not later than the twenty-first day before
election day, at a public place in each election district that is
in the jurisdiction of the city, (c) posted, not later than the
twenty first day before election day, on the bulletin board used
for posting notices of meetings of the City Council of the City,
and (d) posted, as may otherwise be required by Code §4 003 and
other applicable laws
SECTION XII That this ordinance shall become effective imme-
diately upon its passage and approval
PRESENTED AND PASSED on the 5th day of November, 1996, at a
regular meeting of the City Council of the City of Denton, Texas,
by a vote of �_ ayes and O nos at the regular meeting of
the City Council of the City of Denton, Texas
JACI LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
LEGAL FORM
TY, CITY ATTORNEY
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