2002-074ORDIN CE NO.
AN ORDINANCE ORDERING A RECALL ELECTION TO BE HELD IN THE CITY OF
DENTON, TEXAS, ON MAY 4, 2002 FOR THE PURPOSE OF DETERMINING WHETHER
CITY COUNCIL MEMBER RAYMOND REDMON SHALL BE REMOVED FROM DISTRICT
1 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS BY RECALL;
DESIGNATING A VOTING PLACE AND APPOINTING ELECTION OFFICIALS;
PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN
ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR
THE CONDUCT THEREOF; PROVIDING AN OPEN MEETINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about February 13, 2002, a petition seeking the Recall of City Council
Member Raymond Redmon 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 Raymond Redmon 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:
.ql~CTIONI 1. That a municipal Recall Election is ordered to be held'in the City of Denton,
Texas in conjunction with the regular City Council election called by Ordinance 2002-037, on
Saturday, May 4, 2002, such date being a uniform election date as defined in Tex. Elec. Code
§41.001, as amended (the "Code") for the purpose of determ'ming whether Council Member
Raymond Redmon shall be removed fi.om the City Council by Recall.
SECT_IOI~L2. That the polling place, which shall be open fi.om 7:00 a.m. to 7:00 p.m., shall
be as follows:
Voters residing in District No. 1 shall vote at:
MARTIN LUTHER KING, JR. RECREATION CENTER
1300 WILSON STREET
DENTON, TEXAS
.qF, CTION 3. That the election officials for the election shall be as follows:
For the Central Counfmg Station: George Spuller, Presiding Judge; Don Alexander,
Manager; and Randie Geistman, Tabulation Supervisor.
b. For District No. 1: Ruby Cole, Presiding Judge and Betty Kimble, Altemate Judge.
The presid'mg judge of the Central Counting Station and of District No. 1 are 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.
SF. CTION 4. That early voting shall be conducted for the election 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, commencing on April 17, 2002, and ending on April 30, 2002.
In addition, early voting shall be held on Saturday, April 20, 2002, between the hours of 10:00 a.m.
and 3:00 p.m., at the same location as weekday early voting.
~qF~CTION 5. That the Mayor is hereby directed to provide notice of the Recall Election in
accordance with Sections 4.002 and 4.003 of the Texas Election Code, the notice to be printed in
the Spanish language and the English language.
,qFCTION 6. That 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
Texas Election Code.
SECTION 7. 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 RAYMOND REDMON BE REMOVED FROM THE CITY COUNCIL
BY RECALL?"
Immediately below such question shall be printed the two following propositions,
one above the other, in the order indicated:
SF~CTIONr 8. The election officers named above shall make returns for the Recall 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 day of the election shall be counted in the manner required by law.
~qF, CTION O. That 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 10 Substantial copies of this ordinance 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 pubhshed 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, on the bulletin board used for posting notices of meetings
of the City Cotmcil of the City; and (d) posted, as may otherwise be required by Tex. Elec. Code
§4.003 and other applicable law.
SECTION 11. That it is hereby officially found and determined that the meeting at which
this ordinance is passed was open to the public as required and that pubhc notice of the time, place,
and purpose of said meeting was given as required by the Open Meetings Act, chapter 551 of the
Government Code, Tex. Rev. Civ. Stat. Ann. 1997.
SF. CTION 12. That this ordinance shall become effective mediately upon its passage,
publication, and approval.
PRESENTED ANDofthePASSEDc~ OnofDentothe ~-~/~-- day of ~7_~ , 2002, at a regular
meeting of the City Council 'ty n, Texas, by a vote of .5" ayes and -67- nos
at the regular meeting of the City Council of the City of Denton, Texas.
PASSED AND APPROVED this the ~--~ day of c/rff~A ,2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~fV~;'A~fTO LEGAL FoR~=-
HERBERT L. PROUTY, CITY ATTORNEY
BY:
EULINE BROCK, MAYOR
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