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1976-005 Note Amended by Ordinance 77-039 No 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 ~t by the Constitution and Laws of th~s State, and more particularly Articles 1165 through 1174, inclusive, Vernon's Texas Civil Statutes, relating to the amendment of city charters by c~t~es hav~ng more than f~ve thousand ~nhabltants, deems ~t w~se 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 c~ty 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 ~n and throughout the C~ty of Denton, Texas, on the 3rd day of April, 1976, for the pur- pose of s%u~lttlng to the qualified voters of said c~ty, for adoption or re3ect~on, the following proposed amendments to the ex~st~ng Charter of the City of Denton AMENDMENT NO ONE [ ] FOR SECTION 2 01 - THE COUNCIL - NUMBER, SELECTION AND TERM [ ] AGAINST The Council shall have f~ve members elected by the qualified voters of the entire city but each counc~lperson shall be elected to and occupy a place on the council, such places be- lng Numbered One, Two, Three, Four and F~ve The places of the councllperson shall be desig- nated on the official ballot as Counc~lperson Places One, Two, Three, Four and F~ve The members of council shall be elected in the manner prescribed zn 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 elect~on for the choice of mem- bers of the C~ty Council as provided ~n Article 2 shall be held each year on the f~rst 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 sa~d election as w~ll be set out in the ordinance passing and approvlng the elect~on of councllpersons on the regular scheduled mun~alpal elect~on on Saturday, the 3rd day of April, 1976 SECTION III That saad electlons shall be held in accordance with the Con- statut~on and the Laws of the State of Texas, and all persons qualafled to vote ~n sa~d 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 dlstanct 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 requlrements of Article 6 05 of the Elect~on Code of the State of Texas, as amended, which provides that a square shall be placed beside the proposed amendment, ~n whlch the voter ~s requested to place an "X" or other clear mark to ~ndlcate the way he w~shes to vote, but which also provides a failure of a voter to mark has ballot an stract conformity w~th the anstructlons on the ballot shall not anval~date the ballot, and the ballot shall be counted if the intention of the voter clearly ascertainable, accept where the law expressly prohablts the counting of the ballot It ~s speci- fically provided that the election officers shall not refuse to count a ballot because of a voter havang marked h~s ballot by scratck~g out the amendment for which he does not wish to vote SECTION V The official ballots to be used shall be an complaance wath appllcable provlslons of Article 6 05 of the Electaon Code of the State of Texas, as amended SECTION VI It is anticipated that additional charter revisions will be presented to the City Cou-ncll 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- vlded for ~n 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 th~s ordinance is that these particular amend- ments need to be submitted to the Attorney General of the United States Government under the provls~ons of Section 5 of the Voting Rights Act Additional amendments may be added to the official ballot, but the City Council ~n passing th~s 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 ~n full force and effect from and after the date of ~ts passage PASSED and APPROVED this the ~-~w day of February, A D 1976 CITY oF TpS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C ISHAM~ CITY ATTORNEY CITY OF DENTON, TEXAS