1998-037AN ORDINANCE APPROVING AMENDMENT NUMBER THREE TO AN AGREEMENT
BETWEEN 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
~ That the Mayor and C~ty Secretary are hereby authorized to execute and
attest, respeetavely, to Amendment Number Three to an Agreement executed on January 17,
1989 between the Caty of Denton and the Denton Independent School District relatmg to holding
their electaons jointly m eleet~on d~stnets that can be served by common polhng places vathm the
terms and eond~taons being contmned m the amendment which is attached hereto and made a part
ofth~s ordmanee for all purposes
SECTION II That this ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED flus the /7~-~ dayof /~bf~tt~/~/ ,1998
JACI~LER, MAYOR
ATTES~
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
COUNTY OF DENTON §
THIRD AMENDMENT TO THE JOINT ELECTION AGREEMENT
BETWEEN THE CITY O1~ DENTON AND THE DENTON
INDEPENDENT SCHOOL DISTRICT
That that certaan Joant Elect~on Agreement between the Clty of Denton, Texas ("Caty")
and the Denton Independent School Dastnct ("D~stnct") dated the 17th day of January, 1989, as
amended, ("Agreement") as hereby amended to read as follows
WHEREAS, Caty and D~stncts are local governmental ent~tms who wish to enter ~nto an
mterlocal agreement to hold joint elect~ons under Chapter 791 of the Texas Local Government
Code, and
WHEREAS, both pames are able to conduct elect~ons in accordance wath the provasaons
of the Texas Electaon Code, and
WHEREAS, the govarmng bodies of each party has authorized thas mterlocal agreement,
and
WHEREAS, the Dastnct ~s paying for the performance of these governmental services
from current revenues, and the C~ty agrees that the amount being prod for these servmes fatrly
compensates ~t for the serwces performed, NOW, THEREFORE,
WITNESSETH
I
That the last paragraph of the Agreement, as amended, under Section II "Ballots" ~s
hereby amended to read as follows
The C~ty Secretary shall furmsh 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 elect~on of Tins-
tees of the D~stnct shall be returned on a separate tally sheet, placed m a separate enve-
lope, sealed and so designated, and hkew~se, the returns made by the presiding officers of
the elect~on for Caty Council of Caty shall be separately returned on separate tally sheets
and m separate envelopes, sealed and desagnated All tally sheets and returns for the
electaon of Trustees for the Dastnet shall be dehvered darectly to the Secretary of the
Board of Trustees of the Dastnct or other chief election officml of smd District All
tabulataons of the results of the elect~on for Trustees of the Board of Trustees of the Das-
tract shall be conducted by the Judge of the Central Counting Station After completaon
thereof, all such tabulations, tally sheets, and returns related to the electron of the Trus-
tees of the Board of Trustees of smd Dastnct and smd Board will assemble such tabula-
taons, and make the officaal canvass of the electaon and the final declarauon of the results
thereof
II
That the Agreement, as amended, ~s hereby amended by adding a new section to be enti-
tled Section VIII "Cancellation of Eleet~on," to read as follows
VIII CANCELLATION OF ELECTION
In accordance with TEX ELEC CODE §2 051-2 054, which allows a political subdlvl-
sxon to cancel an elect~on and to declare each unopposed candidate elected when the
authority responsible for having the official ballot prepared certffies that candidates ap-
pear unopposed on a ballot, m the event the Ctty cancels its entire election, the District
may contract wxth Denton County to hold their election In the event that the City can-
cels xts election ~n one or more single member districts, ff there are only unopposed can-
dldates m that district or those districts and no propositions on the ballot, the Dmtnct will
pay the total cost of the election expenses associated w~th holding an elect~on ~n a d~stnct
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 1ts election, the City will pay the total cost of the election if the entire elect~on 1s
cancelled by the District
III
Save and except as amended hereby, the sections, paragraphs, sentences, and clauses of the
Agreement shall remain m full force and effect
EXECUTED this //7~'~-~ day of ,1998
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Page 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DENTON INDEPENDENT SCHOOL
DISTRICT
TITLE
E ~DOCS\K~JO1NT ELECTION WITH DISD
Page 3