2008-031SAOur Documents\Ordinances\08\Election Ordinance-District 2.doc
ORDINANCE NO. ~OOJ ~ D3~
AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF
DENTON, TEXAS ON MAY 10, 2008, TO FILL A VACANCY IN PLACE 2 FOR THE
UNEXPIRED TERM ENDING IN MAY, 2009, AND, IF A RUNOFF ELECTION IS
REQUIRED, ON JUNE 14, 2008, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER
TO PLACE 2 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING
A VOTING PLACE; APPOINTING ELECTION OFFICIALS; PROVIDING FOR EARLY
VOTING; PROVIDING FOR BILINGUAL NOTICE OF THE SPECIAL ELECTION;
ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; PROVIDING AN OPEN
MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 6, 2008, Mayor Pro Tern Pete Kamp submitted her written
resignation as Place 2 Council Member to the City Secretary to be effective at the time of the
canvass of the results of the next regularly scheduled election, as required by City Charter; and
WHEREAS, pursuant to Section 3.01(e) of the City Charter, if the candidate's unexpired term
would otherwise extend beyond the date of the next regularly scheduled election, the City Secretary
shall notify the Council and a special election shall be held on the date of the next regularly
scheduled election to fill the unexpired term of the resigning Council Member; and
WHEREAS, the Council has been notified by the City Secretary of Ms. Kamp's written
resignation; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
true and correct and are hereby incorporated into the body of this ordinance by reference.
SECTION 2. A special municipal election is ordered to be held in the City of Denton, Texas,
on Saturday, May 10, 2008, such date being a uniform election date as defined in Tex. Elec. Code
§41.001, as amended (the "Code"), for the purpose of electing a Council Member for Place 2 for
the unexpired term ending in May, 2009. In the event a runoff is required, the runoff election shall
be held on Saturday, June 14, 2008.
SECTION 3. The filing deadline for a place on the special election ballot is March 4, 2008.
SECTION 4. The polling place, which shall be open from 7:00 a.m. to 7:00 p.m, shall be as
follows:
Voters residing in District No. 2 shall vote at:
NORTH BRANCH LIBRARY
3020 NORTH LOCUST
DENTON,TEXAS
S:\Our Documents\Ordinances\08\[leclion Ordinance-District 2.doc
SECTION 5. The election officials for the election and the runoff, if any, shall be as follows:
For District No. 2: Mary Jo Pickens, Presiding Judge and Doris Chapman, Alternate
Judge.
2. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election
Code.
3. Connie Bell shall be Presiding Judge for the Early Ballot Board.
The presiding judge of the Central Counting Station is authorized to appoint a sufficient
number of clerks as necessary to assist them in the election, including bilingual assistants as
required by law. The rate of pay for election judges and clerks shall be the maximum amount
provided for by State law.
SECTION 6. Early voting shall be conducted for the election, and the runoff election if
necessary, by the Office of the City Secretary in the Municipal Building at 215 East McKinney
Street in the City of Denton, Texas. The polls for early voting by personal appearance shall be open
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, April 28, 2008 through May
2, 2008 and between the hours of 7:00 a.m. and 7:00 p.m., May 5 and 6, 2008. In addition, early
voting shall be held on Saturday, May 3, 2008, between the hours of 10:00 a.m. and 2:00 p.m., at
the same location as weekday early voting.
SECTION 7. The City Secretary is hereby directed to provide notice of the election, and the
runoff election if necessary, in accordance with Sections 4.002 and 4.003 of Texas Election Code
and as required by other applicable provisions of the law, the notice to be printed in the Spanish
language and the English language. <
SECTION 8. An electronic voting system using optically scanned ballots, meeting the
requirements of Chapter 124 of the Code, shall be used for said election. Preparation of the
necessary equipment and official ballots for the election shall conform to the requirements of the .
Code. In addition, each polling location will be equipped with a voting station that complies with
Section 61.012 of the Code.
SECTION 9. The City Secretary is authorized to prepare the official ballot for the election
and perform every act required by the City Charter and laws of the State of Texas for holding
elections.
SECTION 10. The election officers named above shall make returns for the election in the
manner required by law. The ballots that are properly marked in conformance with the provisions
of the Texas Election Code for votes cast both during the period of early voting and on the date of
the election shall be counted in the manner required by law.
SECTION 11. The manner of holding such election and all questions pertaining thereto
shall be governed by the election laws of the State of Texas.
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SECTION 12. Substantial copies of the Notice of Election in both English and Spanish shall
serve as proper notice of the election and said notice shall be: (a) published at least once in a
newspaper of general circulation published within the City, not less than the thirtieth day or later
than the tenth day before the election; (b) posted, not later than the twenty-first day before the
election day, at a public place in each election district that is in the jurisdiction of the city; (c)
posted, not later than the twenty-first day before election day a copy of the notice, which must
include the location of each polling place, on the bulletin board used for posting notices of meetings
of the City Council of the City; and (d) posted, as may otherwise be required by Tex. Elec. Code
§4.003 and other applicable law.
SECTION 13. 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 14. This ordinance shall become effective immediately upon its passage and
approval.
PRESENTED, PASSED AND APPROVED on the ZZ day of
2008, at a regular meeting of the City Council.of the City of Denton, Texas, by a vote of
ayes and nos at the regular meeting of the City Council of the City of Denton, Texas.
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO-LEGAL FORM:
EDWIN M. SDFjR, CITY ATTORNEY
BY:
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