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1968-036AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON THE QUESTION OF AMENDING THE CHARTER OF THE CITY OF DENTON, DESIGNATING THE DAY OF THE ELECTION AND THE POLLING PLACE, APPOINTING ELECTION OFFICIALS THEREFOR, PROVID- ING THAT ALL DULY QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE, PRESCRIBING FORM OF BALLOT, PROVIDING FOR NOTICE OF ELECTION, CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY WHEREAS, Article 1170 of Vernon's Texas C~wl Statutes authorizes the governing body of the City of Denton, Texas, to call an elect~on for the purpose of submitting any proposed amendments to ~ts existing charter, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That a special elect~on shall be held in and throughout the City of Denton, Texas, on the 25th day of January, 1969, at which elect~on there shall be submitted to the resident qualifi- ed voters of sa~d City, for their action thereupon, the charter amendments set forth in Section IV hereof, ~n the OFFICIAL BALLOT included ~n this ordinance SECTIQN II That said elect~on shall be held at one polling place for all qualified voters of said City, and the polling place and presiding officers for said election shall be, to wit POLLING PLACE PRESIDING OFFICERS COMMUNITY BUILDING ~£~Z~ CIVIC CENTER PRESIDING JUDGE AT BELL AND EAST MCKINNEY DENTON, TEXAS ,~ L.o C~#~¢~ ALTERNATE PRESIDING JUDGk The presiding judge at such election shall appoint not less than two (2) clerks SECTION III That said election shall be held in accordance with the Constitution and laws of the State of Texas, and all duly qualifi- ed resident electors of the C~ty of Denton, Texas, shall be quail- fled, to vote SECTION IV That the ballots of said election shall conform to the re- Quirements of Chapter 6 of the Election Code of the State of Texa~, as amended, and the language ~o be printed thereon shall include the following OFFICIAL BALLOT INSTRUCTIONS Place an "X" in the square beside the state- ment Indicating the way you w~sh to vote (NOTE Vote on all amendments, separately, either FOR or AGAINST ) AMENDMENT NO 1 [ ] FOR [ ] AGAINST SECTION 2 O1 THE COUNCIL - NUMBER, SELECTION AND TERM (a) The Council shall consist of seven members, one of which shall be Mayor, elected in the manner prescribed below for a term of two (2) years and until their respective successors have been elected and qualified SECTION 2 O1 (b) The members of the C~ty Council shall be elected by the qualified voters of the entire C~ty The person elected as Councilman, Place 7, shall be presiding officer who shall be known as the Mayor of the C~ty of Denton, The places of the several Councilmen shall be des- ~gnated on the official ballot as Member of Council, Place No 1, 2, 3, 4, 5, 6 and 7 Places 1 through 4 shall be elected ~n even numbered years Places 5 through 7 shall be elected ~n odd numbered years Any qualified person may select, or be nominat- ed for, any place to be vacated by the next C~ty elect~on as provided ~n Article III of this Carter A candidate for any place may reside ~n any portion of the C~ty SECTION 2 03 PRESIDING OFFICER MAYOR AND MAYOR PRO TEM The Council shall, as soon as possible after the annual election, elect from ~ts membership a Mayor Pro Tem The Mayor shall preside at meetings of the Council and shall be reco§n~zed as head of the C~ty Government for all cere- monial purposes and by the Governor for purposes of martial law but shall have no regular adminis- trative duties The Mayor shall be entitled to vote upon all matters considered by the Council but he shall have no veto power The Mayor Pro Tem shall act as Mayor during the absence or d~sablllty of the Mayor and ~f a vacancy occurs shall become Mayor for the completion of the unexpired term SECTION 2 06 QUORUM VOTING (a) During the per~od of time when the Council shall consist of the f~ve members required by th~s Article and the holdover Commissioners who are ~n off~ce at the time th~s Charter ~s adopt- ed, a majority of all the members shall constitute a quorum for the transaction of business, there- after, any four members of the Council shall con- statute a quorum for the transaction of business, and the affirmative vote of four members of the Council shall be necessary to repeal any ordinance or take any official action ~n the name of the C~ty except as otherwise prowded ~n this Charter or by ~he general laws of the State of Texas -2- SECTION 3 O1 MUNICIPAL ELECTIONS (b) Three (3) Councilmen shall be elected on the first Saturday in April, 1969 At this election the candidate who receives the maj- ority of votes cast for each place shall be declared elected to that place The places to be f~lled shall be Places 5, 6 and 7 Place 7 shall be the Mayor At the first meet~n§ of this Council the two (2) carry over members shall draw for Places 1, 2, 3 or 4 The two Councilmen who draw shall serve the balance of their term until their successor ~s elected and qualified Thereafter four (4) Councilmen shall be elected on the first Sat- urday in April of each even-numbered year and three Councilmen shall be elected on the f~rst Saturday ~n April of each odd-numbered year to Places 1 through 4 and 5 through 7 respectively SECTION 3 02 NOMINATIONS (a) Any qualified person may have his name placed on the ballot as a candidate for a place on the Council by f~l~ng w~th the C~ty Secretary not more than n~nety nor less than thirty days prior to the date of election an application ~n substantially the following form I, , do hereby declare that I am a candidate for the Council of the C~ty of Denton, Place , and request that my name be printed upon the Official Ballot for that off~ce in the next City Elect~on I am qualified to serve on the Council w~th respect to the quali- fications set forth ~n the Charter I reside at , Denton, Texas Signed The foregoing petition was f~led with the City Secretary on the __ day of , 19 City Secretary (b) An an alternative method, any qualified person may be nominated for a place on the Council by a written petition s~gned by thirty qualified voters of the C~ty, provided the candidate s~gns the petition certifying his acceptance One such petition shall be c~r- culated and s~gned for each nominee or cand~d- ate With each signature shall be stated the place of residence of the signer, g~vlng the street and number or other description suffic- ient to identify it Nominating petitions shall be filed w~th the C~ty Secretary not more than ninety days nor less than thirty days before the election day, and shall be in substantially the following form -3- We, the undersigned electors of the City of Denton, hereby nominate whose residence address is as a candidate for the Council of the City of Denton, Place , to be voted for at the election to be held on the day of , 19 , a~ we individually certify that we are ~lfled lo vote for a candidate for the Council Name Address Date of S~gnlng (Spaces for thirty signatures and required data) Acceptance of Nomination I am qualified to serve on the Council of the City of Denton with respect to the qualifications set forth ~n the Charter I hereby accept the nomination for Councilman Place __, and agree to serve if elected S~gnature of Candidate Statement of Circulator The undersigned is the c~rculator of the fore- going p~lt~on containing thirty signatures Each signature was appended thereto in my presence and is the genuine signature of the person whose name it purports to be Signature of C~rculator Address of Circulator The foregoing petition was f~led with the C~ty Secretary on the __ day of , 19 SECTION 3 04 (b) The candidates receiving a majority of the votes cast for each place shall be declared elected If no candlate receive a majority, or if there is a t~e, for any one place, the Council shall order a second election to be held on the fourteenth (14) day after the f~rst election to fill that place Only the names of the ~and~dates who t~e for the h~ghest number of votes cast for that place, or the two (2) candidates who receive the highest number of votes w~th neither having a majority of the votes cast for that place, shall be printed on the ballot for each such place In the event of a tie vote at the second election, the candidates who t~e shall cast lots in the pre- sence of the City Secretary to determine wh(ch one shall be declared elected, and sa~d lots Bhall be cast w~th~n f~ve (5) days of the second elect~on -4- AMENDMENT NO 2 [ ] FOR [ ] AGAINST SECTION 2 09 ORDINANCES (a) In addition to such acts of the Council as are required by statute or by this Charter to be by ordinance, every act of the Council establishing a fine or other penalty or pro- vldln§ for the expenditure of funds or for the contracting of ~ndebtedness, shall be by ordinance AMENDMENT NO 3 [ ] FOR [ ] AGAINST SECTION 3 O1 MUNICIPAL ELECTIONS (a) The regular election for the choice of members of the City Council as provided ~n Article II Shall be held each year on the first Saturday ~n April The Council may by resolution order special elections, which shall be held as nearly as practicable accord- lng to the provisions for a regular election The hours and places for holding all C~ty Elections shall be determined by the C~ty Council SECTION 3 04 CANVASS ELECTION RETURNS, RESULTS (a) Immediately after counting the votes the presiding election judge shall deliver the official returns of the election to the C~ty Secretary On the next Friday following the election, the C~ty Council shall canvass the returns and declare and results The returns of every municipal election shall be recorded ~n the minutes of the Council AMENDMENT NO 4 [ ] FOR [ ] AGAINST SECTION 6 03 CORPORATION COURT (b) The City Judge shall preside over the Corporation Court The Judge shall be a qualified attorney at law licensed to prac- tice in the State of Texas He shall be appointed by, and shall serve at the pleasure of, the Council The C~ty Judge shall receive such compensation as may be f~xed by the Council AMENDMENT NO 5 [ ] FOR [ ] AGAINST SECTION 6 04 CLERK OF THE COURT The Clerk of the Corporation Court shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court, and perform such other duties or acts as may be necessary ~n lssulng process and conducting the business of the Court -5= AMENpMENT NO 6 [ ] FOR THE DELETION [ ] AGAINST THE DELETION Remuvlng and deleting the existing Section 10-12 of the Charter which reads as follows SECTION 19-12 SLUM CLEARANCE AND REHABILITATION OF BLIGHTED AREAS The Council may adopt, modify and carry out plans proposed by the Planning and Zoning Com- mission for the clearance of slum districts and blighted areas within tile City and, for the accomplishment of this purpose, may acquire by purchase or condemnation all privately owned land, buildings, and other real property in- terests within the district, may establish, locate, relocate, build and improve the streets and other public open spaces provided for ~n the plan, may maintain, operate, lease or sell said buildIngs or any of them, may sell the land or any part thereof designated for buildings and private open spaces upon such terms and con- d]t]ons and sub3ect to such restrictions as to building uses and open spaces as will substanti- ally carry out and effect the plan AMENDMENT NO 7 [ ] FOR [ ] AGAINST SECTION 12 07 THE PUBLIC UTILITIES BOARD (a) There is hereby created a Public Utilities Board to be composed of five members, appointed by the Council for four-year terms and until their respective successors have been appointed and qualified, provided, that the members of the first Board appointed under th~s provision shall, at their organizational meeting, 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 expiration of each of the terms so provided for, a successor shall be appointed for a term of four years Members of the Board may be removed by the Council only for cause end only after charges have been filed and published and the member has been g~ven a reasonable opportunity to defend himself ~n an open public hearing before the Council Vacancies shall be f~lled for any unexpired term In the same manner as provided for regular appointments SECTION V That election judges and clerks are directed to comply with Article 6 06, £1ect]on Code of the State of Texas, as amended (Section 2 of House Bill 181, Acts 1967, 60th Legislature, Regular Session, Chapter 452, Pages 1026, 1028), which provides that a square shall be placed beside each proposition (amendment) ~n which the voter is instructed to place an "X" or other clear mark to ~nd]cate the way he wishes to vote, but which also provides that failure of a voter to mark his ballot in strict conformity with the directions on the ballot shall not ~nval]date the ballot, and the ballot shall be counted if the intention of the voter Is clearly ascertainable, except where the law expressly prohIbits -6- the counting of the ballot It is specifically provided that the election officers shall not refuse to count a ballot because of the voter's having marked his ballot by scratching out the statement or proposition for which he does not w~sh to vote SECTION VI That notice of the elect~on hereby ordered and called shall be given (a) by publication on the same day of two successive weeks ~n a newspaper of general c~rculatlon published w~thln said City, the date of the f~rst publication to be at least twenty-one (21) days prior to the date set here~n for such elect~on, and (b) by posting of such not~ce at the polling place of the City not less than twenty (20) days prior to the date set here~n for such election It ~s hereby found and determined thet the Denton Record-Chronicle is a newspaper published within the C~ty of Denton, Texas, and ~s a newspaper of general circula- tion w~th~n sa~d C~ty PASSED AND APPROVED this /~7 ~'~day of December, A D 1968 C~TY OF DENTON, TEXAS ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM fyK Q BARTON, ~'ITY ATTORNEY OF DENTON, TEXAS -7-