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HomeMy WebLinkAbout1976-005Note Amended by Ordinance 77-039 NO 14-S AN ORDINANCE ORDERING A SPECIAL HOME RULE ELECTION IN THE CITY OF DENTON, TEXAS, TO BE HELD ON SATURDAY, THE 3RD DAY OF APRIL, A D 1976, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF DENTON, DESIGNATING THE POLLING PLACE, PRESCRIBING OFFICERS THEREOF, AND DECLARING AN EMERGENCY WHEREAS, the City Council of the City of Denton, in the exercise of the sound discretion reposed in it by the Constitution and Laws of this State, and more particularly Articles 1165 through 1174, inclusive, Vernon's Texas Civil Statutes, relating to the amendment of city charters by cities having more than five thousand inhabitants, deems it wise and expedient to submit proposed amend- ments to the existing Charter of said city, hereinafter set forth, at a special election to be held in said city on Saturday, the 3rd day of April, A D 1976, now, therefore, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That a special election shall be held in and throughout the City of Denton, Texas, on the 3rd day of April, 1976, for the pur- pose of sumitting to the qualified voters of said city, for adoption or re3ection, the following proposed amendments to the existing Charter of the City of Denton AMENDMENT NO ONE [ ] FOR SECTION 2 01 - THE COUNCIL - NUMBER, SELECTION AND TERM [ ] AGAINST The Council shall have five members elected by the qualified voters of the entire city but each councilperson shall be elected to and occupy a place on the council, such places be- ing Numbered One, Two, Three, Four and Five The places of the councilperson shall be desig- nated on the official ballot as Councilperson Places One, Two, Three, Four and Five The members of council shall be elected in the manner prescribed in Article 3, for a term of two years and until their respective successors have been elected and qualified SECTION 3 01 - MUNICIPAL ELECTIONS (a) The regular election for the choice of mem- bers of the City Council as provided in Article 2 shall be held each year on the first Saturday in April The Council may by resolution order SECTION II That said elections shall be held at the place with the named persons appointed ,judge of said election as will be set out in the ordinance passing and approving the election of councilpersons on the regular scheduled municipal election on Saturday, the 3rd day of April, 1976 SECTION III That said elections shall be held in accordance with the Con- stitution and the Laws of the State of Texas, and all persons qualified to vote in said city under the laws of this State and the Constitution shall be allowed to vote SECTION IV That each proposed charter amendment shall be separate and distinct so that the voters shall pass upon each one separately and a part from another and so that each voter may vote "Yes" or "No" on any amendment or amendments without voting yes or no on all of said amendments That absentee voting shall be on paper ballots, and such ballots shall conform to the requirements of Article 6 05 of the Election Code of the State of Texas, as amended, which provides that a square shall be placed beside the proposed amendment, in which the voter is requested to place an "X" or other clear mark to indicate the way he wishes to vote, but which also provides a failure of a voter to mark his ballot in strict conformity with the instructions on the ballot shall not invalidate the ballot, and the ballot shall be counted if the intention of the voter clearly ascertainable, accept where the law expressly prohibits the counting of the ballot It is speci- fically provided that the election officers shall not refuse to count a ballot because of a voter having marked his ballot by scratching out the amendment for which he does not wish to vote SECTION V The official ballots to be used shall be in compliance with applicable provisions of Article 6 05 of the Election Code of the State of Texas, as amended SECTION VI It is anticipated that additional charter revisions will be presented to the City Council and may be added to the official ballot to be presented to the voters at the election on Saturday, the 3rd day of April, 1976, and the official ballot is not pro- vided for in this ordinance in anticipation that the entire offi- cial ballot will be presented prior to the 1st day of March, 1976 in a subsequent ordinance SECTION VII The purpose of this ordinance is that these particular amend- ments need to be submitted to the Attorney General of the United States Government under the provisions of Section 5 of the Voting Rights Act Additional amendments may be added to the official ballot, but the City Council in passing this particular ordinance does hereby ordain that these amendments will definitely appear on the official ballot to be submitted to the electorate on the 3rd day of April, 1976 SECTION VIII That this ordinance shall take effect and be in full force and effect from and after the date of its passage 240' PASSED and APPROVED this the 11 � day of February, A D 1976 ATTEST ��� B S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED A/AS/ TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS