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)