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1998-260AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING AN ELECTION TO BE HELD WITHIN THE CITY ON NOVEMBER 3, 1998, TO SUBMIT TO AN INITIATIVE VOTE A STANDARD HOURS AREA ORDINANCE THAT WOULD REDUCE THE HOURS OF SALE OF MIXED DRINKS, BEER AND WINE, PURSUANT TO SECTIONS 105 03, 105 04, AND 105 06 OF THE TEXAS ALCOHOLIC BEVERAGE CODE, MAKING PROVISIONS FOR THE CONDUCT THEREOF, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 21, 1998, the City Secretary of the City of Denton certified that an initiative petition entitled "Standard Hours Area Petition" met the requirements of the Denton C~ty Charter and Chapter 277 of the Texas Elect~on Code, and WHEREAS, on August 18, 1998, the Denton City Council read the lmt~ative ordinance in its entirety into the record of the minutes of that meeting and held a public heanng to receive C~tlzen input regarding the proposed untiat~ve ordinance, ~n accordance w~th Section 4 07 of the Denton City Charter, and WHEREAS, the C~ty Council has determmed that ~t would be ~n the best interest of the City of Denton to submit the proposed ~mtiative to a vote of the electors, NOW, THEREFORE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the statements made in the foregoing preamble being tree and correct, and being adopted hereby as findings of fact, a special elect~on (the "elect~on") ~s hereby ordered to be held In and throughout the C~ty of Denton, Texas on Tuesday, November 3, 1998. such date being a uniform eleet~on date as defined ~n Tex Elec Code §41 001, as amended (the "Code") At the election, the following proposition (the "proposition"), In accordance with Section 4.09 of the Denton C~ty Charter shall be submitted to an untiative vote of the qualified voters of the City PROPOSITION "The adoption of a standard hours area, estabhsbang a standard hours area for the sale of mixed beverages, beer and wme on premises w~th~n the incorporated limits of the City of Denton Smd hours to be between 7 00 a m and m~dnight on any day, except Sunday On Sundays, sales are permitted from mIdmght to 1 00 a m and between 10 00 a m and midnight, except that an alcohohc beverage served to a customer between 10 00 am and 12 noon on Sunday must be prowded dunng the service of food" SECTION II All resident, qualified voters of the c~ty shall be ehglble to vote at the election SECTION III The proposition shall be set forth substantially in the following form, so as to permit the voters at the election to vote "FOR THE ORDINANCE" or "AGAINST THE ORDINANCE", to wit THE ADOPTION OF AN ORDINANCE ESTABLISHING A STANDARD HOURS AREA FOR THE SALE OF MIXED BEVERAGES, BEER, AND WINE ON PREMISES WITHIN THE INCORPORATED LIMITS OF THE CITY OF DENTON, SAID HOURS TO BE BETWEEN 7 00 AM AND MIDNIGHT ON ANY DAY, EXCEPT SLrNDAY BETWEEN MIDNIGHT AND 1 00 A M AND BETWEEN 10 00 A M AND MIDNIGHT ON SUNDAY, EXCEPT THAT AN ALCOHOLIC BEVERAGE SERVED TO A CUSTOMER BETWEEN 1000 AM AND 1200 NOON ON SUNDAY MUST BE PROVIDED DURING THE SERVICE OF FOOD, PURSUANT TO SECTIONS 105 03, 105 04, AND 105 06 OF THE TEXAS ALCOHOLIC BEVERAGE CODE [ ] FOR THE ORDINANCE [ ] AGAINST THE ORDINANCE $I~CTION IV That the City Council of the City of Denton may contract wath Denton County to conduct the election in accordance with the City Charter, the Texas Election Code, and other applicable laws of the State of Texas for holding elections If necessary, the City Council will enact an additional ordinance designating voting places, appointing election officials, providing for early voting, providing for blhngual notice of the election, ordenng that an electrome voting system be used, and providing other provisions for the conduct of the election app~rova~ That flus ordinance shall become effective immediately upon its passage and PASSED, PROVED flus the / CS '"- day of /"'- , 1998 JA~F~ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY _ Page 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY /~ ..... ~ / Page 3