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1972-017AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ACCEPTING THE RESIGNATION OF COUNCILMEN HUGH M AYER AND ROBERT W CHAMBERS AND CALLING AND ORDERING AN ELECTION TO BE HELD ON THE 27TH DAY OF JUNE, A D 1972, THE SAME BEING THE FOURTH TUESDAY IN SAID MONTH, FOR THE PURPOSE OF ELECTING TWO (2) COUNCILMEN BY THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2, SECTION 2 04 OF THE CHARTER OF THE CITY OF DENTON, TEXAS, ESTABLISHING THE HOURS AND PLACE FOR THF SAID ELECTION, PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID ELECTION, DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKING OF OFFICIAL RETURNS OF SAID ELECTION, PROVIDING FOR THE CANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARINC THE RESULTS OF SAME BY THE CITY COUNCIL, AND DECLARING AN EFFECTIVF DATE WHEREAS, it lS deemed necessary and advisable to call the election hereinafter ordered due to the untimely resignation of Councilmen Hugh M Ayer and Robert W Chambers, and WHEREAS, ~t is hereby officially found and determlned that a case of emergency or urgent public necessity exists which re- quires the holding of the meeting ~n which thls ordinance is passed, such emergency or urgent public necessity being that there has been presented to the Council the res~gnatlons of the two Councilmen aforementioned, whose absence from sa~d Council could serlously jeopardlze the implementation of the powers and responsibilities granted or delegated to the C~ty Council by the constitution and statutes of this State, and the C~ty Charter, and would further deny the constltuents of said Clty the rlght to be represented by a full Council, and that said meeting was open to the public, and public notlce of the time, place, and purpose of said meetlng was g~ven, all as required by Vernon's Annotated Clvll Statute Artlcle 6252-17, and WHEREAS, pursuant to Article 2, Section 2 04 of the Charter of the C~ty of Denton when more than one vacancy occurs at any one time on the C~ty Council a special elect~on must be held to elect successors for the unexpired terms provided, and WHEREAS, it is of a d~re public necessity to elect successors to the position of said Councilmen as soon as possible, and ~n com- pliance with the law, therefore THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the reslgnatlons of the sald Hugh M Ayer and Robert W Chambers submitted herewith be accepted w~th the utmost regret, said resignations to be effective upon the date their successors are quallf~ed, pursuant to law SECTION II That an elect~on shall be held in the Community Building, ~n the Clv~c Center on McKlnney Street, in the City of Denton, Texas, between the hours of seven o'clock (7 00) A M and seven o'clock (7 00) P M , on the 27th day of June, A D 1972, for the purpose of electlng two (2) Councilmen for the City of Denton, in accor- dance w~th the provisions of Article 2, Section 2 04 of the Charter of the City of Denton, Texas SECTION III That the candidate who receives the h~ghest number of votes shall be declared elected to the C~ty Council of the City of Denton, Texas, fllllng the unexpired term of the sa~d Robert W Chambers, said term belng the longest in length of the two terms to be f~lled That the candidate who receives the next highest number of votes shall be declared to be elected to the City Council of the C~ty of Denton, Texas, sa~d candidate f~lllng the unexpired term of the sald Hugh M Ayer, both of whom to serve until the expiration of theirrespect~ve terms of off~ce SECTION IV That notice of said electlon shall be given by the posting of true copies of thls ordinance, signed by the Mayor and attested by the Clty Secretary, in three public places of sa~d City, one of which places shall be at the Munlclpal Building for thirty (30) con- secutlve days prior to the date of sa~d election and this ordinance shall be published ~n full one t~me ~n the Denton Record-Chronicle at least thlrty (30) days prior to said election SECTION V That ~-~.~ ~['~l~o is hereby appointed pre- sldlng judge6~ said election, and the said presiding ~udge shall appoint such assistants as may be necessary to properly conduct sa~d elect~on, and as provided by the election code SECTION VI That the City Secretary shall make up the official ballot from the names presented to hlm by application or nominating petition as provided by Article 3, Section 3 02 and 3 03 of the Charter of the City of Denton, Texas, except that any qualified person desiring to have his name placed on the ballot as a candidate for Councilman must file said application no later than 5 00 P M May 26, A D 1972, or as an alternative method, a written petition filed prior to said time in lieu of the filing time provided in the sections above enumerated of the Charter of the City of Denton, Texas, and said City Secretary is hereby authorized and dlrected to have the ballots to be used in such election printed and delivered to the said presiding judge SECTION VII That immediately after the counting of the votes the Dres~d- lng judge shall deliver the official returns of the elect~on to the City Secretary SECTION VIII That at the regular Council meeting of Tuesday, June 27, 1972, followlng the election, the City Council shall canvass the returns and declare the results which shall be recorded in the minutes of the Council SECTION IX That the two candidates who receive the highest number of votes as above indicated shall be declared elected and the Mayor shall dellver Certlflcates of Election to the successful candidates If two candidates shall tie with the highest number of votes, said can- dldates shall both be elected, but shall cast lots to determine which term of office they shall fill If more than two candidates shall t~e with the h~ghest number of votes, or if two or more can- d~dates shall t~e with the second highest number of votes the Council shall order a second election to be held on the fourteenth day after the first election at which tame only the names of the candidates who recelve the same number of votes at the first election shall be pr~nt- ed on the ballot In the event of a tie at the second election, the tied candidates shall cast lots to determine which one shall be de- clared elected PASSED AND APPROVED this the 17th day of May, A D 1972 BILL N~U, MAYOR CITY OF DENTON, TEXAS ATTEST CITY OF DENTON, TEXAS ~"FIDAVIT OF PUBLICATION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON BEFORE ME, a notary public in and for the above named County, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of the " Denton Record-Chronicle ", which is a newspaper of gen- eral circulation published in the above named City, and that a true and correct copy of the NOTICE OF ELECTION, a cllpplng of which ls attached to this Affidavit, was published in said news- paper on the following dates May ~_, 1972, May 8__, ~ Roy Appleton, Jr ,Gen Mgr[uthori~e SUBSCRIBED AND SWORN TO BEFORE ME on ~ ~_t_h 1972 Notary Public My commission expires June 1, 1973 (NOTARY PUBLIC SEAL)