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1996-256e \wpdocs\ord\emerg ele ORDINANCE NO ~ 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, I,F 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, Councmlmember Jeff Krueger has submitted hms reslgna- tmon as Councmlmember for Place 2 and, by Resolutmon No R96-057 passed by the City Council on September 24, 1996, the Councml has accepted Councmlmember Krueger's res~gnatzon, creatmng a vacancy mn Place 2 under Tex Elec Code §201 023, and WHEREAS, the Cmty Councml requested that Governor George Bush authormze the City to hold this election on a date prmor to the next uniform election date by procla~mzng thms an emergency electmon under Tex Elec Code §41 0011, and WHEREAS, Governor Bush has refused to declare an emergency electzon so that thms specmal elect~on could be held on a date other than a unmform electzon date and mn accordance w~th Section 2 04 of the Cmty Charter, and WHEREAS, the Cmty Councml needs to hold thms special election on the next avamlable uniform electmon date which ms Saturday, January 18, 1997 mn accordance wmth Tex Elec Code §41 001, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That a specmal munzcmpal electmon zs ordered to be held mn the City of Denton, Texas, on Saturday, January 18, 1997, such date bemng a unmform electmon date as defmned mn Tex Elec Code §41 001, as amended (the "Code") for the purpose of electmng a Councmlmember to fmll the vacancy for Dmstrlct or Place 2 In the event a runoff ms requmred, the runoff electlon shall be held on Saturday, February 15, 1997 ~ That the fmlzng deadlmne for a place on the specmal electmon ballot wzll be December 18, 1996 SECTION III That the pollmng places, which shall be open from 7 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, ~f any, shall be as follows For D~strlct (Place) No 2 Doris Chlpman, 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 electlon, including b~l~ngual 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 McK~nney 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 mall 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 mall shall be requested from and sent to Jennifer Walters, City Secretary, City Secretary's Office, City of Denton, Texas, 215 East McKlnney, Denton, Texas 76201 The Early Voting Ballot Board is hereby created and authorized to canvass the early votes cast by mall and by personal appearance The following persons are hereby appointed as elect~on 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 d~rected to provide notice of the election, and the runoff elect~on if necessary, in accordance with Sections 4 002 and 4 003 of the Code, the not~ce 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 PAGE 2 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 ~ That the City Secretary Ks 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 an the manner required by law The ballots that are properly marked an 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 S~CTION XI Substantial copies of th~s ordinance in both English and Spanish shall serve as proper notice of the election and said notice shall be (a) published at least once an a newspaper of general circulation published within the C~ty, 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 an each election district that Ks an the jurisdiction of the c~ty, (c) posted, not later than the twenty f~rst 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 Ai~D PASSED on the 5th day of November, 1996, at a regular meeting qf the City Council of the City of Denton, Texas, by a vote of 7 ayes and O nos at the regular meeting of the City Council of the City of Denton, Texas JAC~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY H]~R~ERT L PROUTY, CITY ATTORNEY PAGE 3