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1976-007AN ORDINANCE ORDERING A SPECIAL HOME RULE ELECTION IN THE CITY OF DENTON, TEXAS, TO BE HELD ON SATURDAY, THE 3RD DAY OF APRIL, 1976, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF DENTON, DESIGNATING THE POLLING PLACE, APPOINTING ELECTION OFFICIALS, PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE, PRESCRIB- ING FORM OF BALLOTS, PROVIDING FOR NOTICE OF ELECTION, CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION, PROVIDING FOR SEVER- ABILITY, AND DECLARING AN EMERGENCY WHEREAS, the City Councal of the Caty of Denton in the exer- case of sound dascretlon purged an it by the Constatut~on and laws of thas State, and more particularly Articles 1165-1174, ~noluslve, Vernon's Annotated Caval Statutes, relating to the amendment of Caty Charters by cataes havang more than fave thousand (5,000) ln- habatants, deems at wise and expedaent to submit proposed amendments to the exastang Charter of the City, hereinafter set forth at a specaal election to be held at said Caty on Saturday, the 3rd day of April, 1976, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I That a speclal elect~on to be held an the C~ty of Denton, Texas, on Saturday, the 3rd day of April, 1976, for the purpose of submit- ting to the qualafled voters of the C~ty, for adoption or re~ect~on, the following proposed amendments to the exast~ng Charter of the Clty of Denton S~CTION II Sa~d elect~on shall be held at one pollang place for all qual- · faed voters of the Clty, and the polling place and presiding offa- eers for sa~d elect~on shall be, tow~t P011~n~ Place - Community Bualdlng of the Civic Center at Bell and East MeKinney, Denton, Texas Pres~d~n~ Officers - Lee Knox Presiding Judge, B~i Mlller Alternate Pre- sldlng Judge The presiding judge at sa~d election shall appoint not less than two (2) clerks SECTION III That said election shall be held ~n accordance w~th the Constitution and laws of the State of Texas, and all duly qualzf~ed resident electors of the C~ty of Denton, Texas shall be qualified to vote SECTION IV That each proposed charter amendment shall be separate and d~stlnct 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 w~thout 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 Electlon Code of the State of Texas, as amended, whzch provides that a square shall be placed beside the proposed amendment, ~n which the voter Ks requested to place an "X" or other clear mark to lndzcate the way he wishes to vote, but which also provldes that a fallure of a voter to mark his ballot ~n strzct conformmty with the lnstructzons on the ballot shall not ~nvalzdate the ballot, and the ballot shall be counted ~f the ~ntentlon of the voter zs clearly ascertaznable, accept where the law expressly pro- hlbzts the countlng of the ballot It is speclflcally provided that the election officers shall not refuse to count a ballot because of a voter having marked hzs ballot by scratching out the amendment for whl~h he does not wish to vote SECTION V That the ballots of the election shall conform to the require- ments of the Electlon Code of the State of Texas, as amended, and the language to be prznted thereon lnclude the following OFFICIAL BALLOT Official Ballot Instructions - Place an "X" ~n the square beside the statement ~ndlcat~ng the way you wzsh to vote Note Vote on all amendments separately either FOR or AGAINST -2- AMENDMENT NO ONE [ ] FOR SECTION 2 01 THE COUNCIL, NUMBER, SELECTION, & TERM [ ] AGAINST The Council shall have five members elected by the qualified voters of the entire city, but each councllperson shall be elected to and occupy a place on the council, such places being Numbered One, Two, Three, Four and Five The places of the counc~lperson shall be designated on the official ballot as Coun¢llperson Places One, Two, Three, Four, and Flve The members of the Council shall be elected ~n the manner prescribed ~n Article 3, for a term of two years and until their respective successors have been elected and quallfled (b) Three councllpersons shall be elected on the f~rst Saturday ~n April, 1977 At this election the candidate who receives the majority of the votes cast for each place shall be declared elected to that place The places to be f~lled shall be Places One, Two and Three The two carry-over members shall fill Places Four and F~ve and shall serve the balance of their term until their successors are elected and quallf~ed Thereafter, three councllpersons shall be elected in each odd-numbered year for Places One, Two and Three and two counc~lpersons shall be elected in even-n~mbered year to Places Four and Five SECTION 3 04 CANVASS ELECTION RETURNS, RESULTS (a) Immedlately after counting the votes, the pre- s~d~ng judge shall deliver the official returns of the elect~on to the C~ty Secretary On the next Tuesday following the electmon, the City Council shall canvass the returns and declare the results The returns of every municipal election shall be recorded in the m~nutes of the Council (b) The candidates receiving the ma]or~ty of the votes cast for each place shall be declared elected If no candldate receives a majority, or if there is a tie for any one place, the Council shall order a second election to be held on the fourteenth day after the first election to fill that place Only the names of the candidates who t~e for the h~ghest number of votes cast for that place, or the two can- d~dates who receive the h~ghest number of votes with neither havlng a ma3orlty of votes cast for that place, shall be printed on the ballot for each elec- t~on In the event of a tie vote at the second elec- t~on, the candidates who t~e shall cast lots ~n the presence of the City Secretary to determine which one shall be declared elected, and said lots shall be cast within five days of the second election -3- AMENDMENT NO TWO [ ] FOR SECTION 2 04 VACANCIES IN COUNCIL [ ] AGAINST Where a vacancy in any place on the Council shall occur, the vacant place shall be filled by a special election, and, where necessary, by a run- off electIon, ~n the same manner as provided ~n this charter for the regular elect~on of the coun¢llperson Such special elect~on shall be held on a Saturday w~thln slxty days following the crea- tion of the vacancy, and the runoff election, where necessary, shall be held on the fourteenth day after the preceding elect~on, provided, however, that where a vacancy shall occur within one h~ndred and twenty days of a regular election, no special election to f~ll the vacancy shall be called, unless more than one vacancy Occurs AMENDMENT NO THREE [ ] FOR SECTION 2 06 QUORUM VOTING [ ] AGAINST (a) Any three members of the Council shall consti- tute a quorum for the transaction of bus~ness, and the aff~rmatlve vote of three members of the Council shall be necessary to repeal any ordinance or to take any official action ~n the name of the city, except that a four-flfths vote of the total membership shall be requlred to override a decision of the Planning and Zoning Commission and except as otherwise provided in this Charter or by the general laws of the State of Texas AMENDMENT NO FOUR [ ] FOR SECTION 2 08 POWERS OF THE COUNCIL [ ] AGAINST (c) To approve members of all Boards, Commissions, and Committees serving the City AMENDMENT NO FIVE [ ] FOR SECTION 7 10 PURCHASE PROCEDURE [ ] AGAINST (b) The City Manager shall have authorIty to auth- orlze expendltures without approval of the City Coun¢ll for all budgeted items not exceeding three thousand dollars ($3,000 00) Ail contracts or pur- chases involving the expenditure of more than three thousand dollars ($3,000 00) shall be expressly approved ~n advance by the City Council and shall be let to the lowest and best bid by a responsible bidder after there has been an opportunity for com- petitive b~ddlng, provided that C~ty Council shall have the r~ght to reject any and all bids -4- AMENDMENT NO SIX [ ] FOR SECTION 8 03 PREPARATION AND SUBMISSION OF BUDGET [ ] AGAINST At least sixty days before the end of each fascal year, the City Manager shall submat to the Councal a proposed budget for the ensuang fascal year The budget shall provide a complete financial plan for the fmscal year, and the budget shall be prepared on the basis of policy praor~taes defined by the Council for the Caty Manager at least one hundred twenty days before the end of the fiscal year AMENDMENT NO SEVEN [ ] FOR SECTION 10 02 PLANNING AND ZONING COMMISSION [ ] AGAINST (a) There shall be a Plannmng and Zonzng Commission which shall consmst of seven real property taxpayers, who during their respective terms of offmce and for at least one year prior to begmnnang thereof, shall be residents of the Cmty of Denton They shall be appointed by the Council for a term of two years, provzded four members shall be appointed each odd- numbered year and three members each even-numbered year The Cmty Manager, Mayor, and Dmrector of Com- munmty Development shall serve as ex-offzclo members of the Commisszon, but shall have no vote (b) None of the appoanted members shall hold any other public office or position an the City whale serving on the Planning and Zoning Commasslon The Planning and Zoning Commission shall elect ars Chair- man from among zts members Seven members shall serve wzthout pay and shall adopt such rules and regulations as they deem best governing their actmons, proceedmngs, d~llberatlons, and times and places of meetings AMENDMENT NO EIGHT [ ] FOR SECTION 12 07 THE PUBLIC UTILITIES BOARD [ ] AGAINST (a) There is hereby created a Public Utllatles Board to be composed of fzve members, appoznted by the Council for four year terms and until their respective successors have been appointed and qualmfaed, pro- vzded that the members of the fmrst board appointed under this provasaon shall at their organazataonal meetmng draw for terms as follows one shall draw a one year term, one a two year term, one a three year term, and two shall draw four year terms, and at the expmrataon of each of the terms so provaded for, a member successor shall be appointed for a term of four years Members of the board may be removed by the Counczl only for cause and only after charges have been f~led and publzshed and the member has been given a reasonable opportunity to defend hmmself an an open publac hearing before the Council Vacancaes shall be filled for any unexpared term an the same manner as provided for regular appointments -5- AMENDMENT NO NINE [ ] FOR SECTION 3 01 MUNICIPAL ELECTIONS [ ] AGAINST (a) The regular election for the choice of mem- bers of the City Council as provided ~n Article 2 shall be held each year on the f~rst Saturday in April The Council may by resolution order special elections which shall be held as nearly as practicable according to the provisions for a regular election The hours and places for holding all city elect~ons shall be determIned by the City Council SECTION VI That this ordinance shall take effect and be ~n full force and effect from and after the date of its passage PASSED and APPROVED this the //~day of February, A D 1976 D mYO CITY OF FTON, ) AS ATTEST B~0Q~ HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM ~'PA-UL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS -6-