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2016-019SaLeVpRO,,, D .... ns^.n A0,dinmmcesU61LJ.dmoi 0,&, b,g 11m.11 dq ORDINANCE NO._ 2016 -019 AN ORDINANCE ORDERING A RECALL ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 7, 2016 FOR THE PURPOSE OF DETERMINING WHETHER CITY COUNCIL MEMBER JOEY HAWKINS SHALL BE REMOVED FROM DISTRICT 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS BY RECALL; PRESCRIBING THE TIME AND MANNER OF THE CONDUCT OF THE ELECTION TO BE IN ACCORDANCE WITH AN AGREEMENT WITH THE ELECTION ADMINISTRATOR OF DENTON COUNTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about December 14, 2015, a petition seeking the Recall of City Council Member Joey Hawkins was filed with the City Secretary; and WHEREAS, within seven days of the filing of the petition in accordance with Section 4.13 of the City Charter, the City Secretary examined the petition and has submitted her certificate stating that the petition is sufficient and in compliance with the provisions of Article IV Initiative, Referendum and Recall of the City Charter; and WHEREAS, Council Member Joey Hawkins has indicated that he does not intend to resign his office and in order to comply with the requirements of the Recall Election provisions of the City Charter, the Texas Election Code and other applicable provisions of the law, it is necessary to order a Recall Election; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That a municipal Recall Election is ordered to be held in the City of Denton, Texas, on Saturday, May 7, 2016, such date being a uniform election date as defined in Tex. Elec. Code §41.001, as amended (the "Code ") for the purpose of determining whether Council Member Joey Hawkins shall be removed from the City Council by Recall. SECTION 2. That the City Secretary is authorized to prepare the official ballot for the Recall Election and perform every act required by the City Charter and laws of the State of Texas for holding elections. That the ballots used at the recall election shall conform to the following requirements: (a) With respect to the person whose removal is sought, the question shall be submitted: "SHALL JOEY HAWKINS BE REMOVED FROM THE CITY COUNCIL BY RECALL?" (b) Immediately below such question shall be printed the two following propositions, one above the other, in the order indicated: "YES" "NO" S:\Lcgnl \Our Documcn (s\Ordinunccs \161LIcclion Ordering Rc 11 doe SECTION 3. The election and early voting shall be conducted at the time and in the manner specified in and in accordance with an agreement between the Election Administrator and Denton County and the City of Denton. SECTION 4. The manner of holding such election and all questions pertaining thereto shall be governed by the election laws of the State of Texas. SECTION 5. The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public, and that notice thereof was given in accordance with provisions of the Texas open meetings law, Tex. Gov't. Code ch. 551, as amended, and that a quorum of the City Council was present. SECTION 6. That this ordinance shall become effective immediately upon its passage, publication, and approval. PR S1 ^;"N 1�,1) AND P SS1',"D oii the Z clay o� � � 2016, at a r�.1��ifl r iaaectiaig o1" tlac City Coi,a:ici1 o%" the Ci ty of Denton, Texas, by a vote of ..._�.. - ayes arld _C) Ilos at the regular meeting of the City Council of the City of Denton, Texas. �... PASSED AND APPROVED this the "� day of " ..... 2016. , CHRIS WATTS,... MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: '� APPR( Fl) AS r1'0 "1'O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY .w Page 2