Ord. 0122 1966-01-27ORDINANCE NO. 122
AN ORDINANCE PRESCRIBING THE PROCEDURE FOR CANDIDATES TO FILE
FOR THE OFFICE OF MAYOR, COUNCILMAN AND OTHER OFFICES FOR THE
CITY OF PEARLAND, TEXAS: PROVIDING FOR ELECTION OFFICERS,
PLACE AND MANNER OF HOLDING CITY ELECTIONS AND PROVIDING FOR
NOTICE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION 1: All elections pertaining to municipal affairs shall
be governed by the election laws of the State of Texas. In all
City elections, the Mayor, City Secretary, or the governing
body shall do and perform each act in such and other elections
required to be done and performed respectively by the County
Judge, the County Clerk, or the Commissioners` Court. In all
City Elections the mayor, or if he fails to do so, the governing
body, shall order the election, give notice and appoint election
officers to hold the election. In general elections for officers
the notice or proclamation shall be issued and posted at the
polling places not later than thirty days before the first Tues-
day in April of the year in which the election is to be held.
SECTION 2: Any eligible and qualified person may have his name
printed on the official ballot as an Independent candidate for
the office of mayor or councilman or other city office by filing
his sworn application with the Mayor at least thirty (30) days
prior to the election day. The application shall state the
specific office or place being sought by the applicant and that
the said applicant is eligible and qualified under the laws of
the State of Texas to become a candidate for and hold the office
being sought, if elected.
SECTION 3: (a) The form of the sworn application shall be sub-
stantially as follows:
"To the Honorable John Kegley, Mayor of the City of
Pearland, Texas, Greetings:
I ,hereby make application to have
my name printed on the official ballot as an Independent
candidate for the office of , to be voted
upon at the City Election to be held on the first Tuesday
in April, 1966, and I hereby certify that I am qualified
to make this Application and that I am legally qualified
to hold such office, if elected.
THE STATE OF TEXAS
COUNTY OF BRAZORIA
, being duly sworn, deposes and says
that the statements contained in the foregoing application
are true.
Candidate
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Subscribed and Sworn to before me by the said
this the day of , 1966.
(SEAL)
Notary Public in and for
Brazoria County, Texas.
(b) Such sworn application may be accompanied with a petit-
ion signed by qualified electors, although such petition is not
required.
(c) Such sworn application shall be accompanied with an
executed copy of the "Loyalty Affidavit" as required by State
Statutes, in substantially the following form:
Loyalty Affidavit
"I, , of the City of Pearland, County of
Brazoria, State of Texas, being a candidate for the
office of do solemnly swear that I believe
in and approve of our present representative form of
Government, and if elected, I will support and defend
our present representative form of government and will
resist any effort or movement from any source which
seeks to subvert or destroy the same, or any part
thereof, and I will support and defend the Constitution
and Laws of the United States and of the State of Texas.
Candidate's Signature
Sworn to and Subscribed before me at Pearland, Texas, this
the day of , 1966.
(SEAL)
Notary Public in and for
Brazoria County, Texas.
SECTION 4: The names of all those who have filed their sworn
application to have their names printed on the official ballot
as candidates shall be posted by the City Secretary or Chief of
Police in a conspicuous place at his office for the inspection
of the public for at least 30 days before he orders the ballots
to be printed. All objections to the regularity or validity of
the application of any person shall be made within five days
after such posting, by written notice filed with the City
Secretary, setting forth the grounds of such objections. In
case no such objection is filed within the time prescribed, the
regularity or validity of the application of no person whose
name is so posted shall thereafter be contested. The City
Secretary shall preserve in his office for a period of two years
all applications, notice of objections and other related papers.
SECTION 5: Any person eligible to the office of Mayor, Council-
man or other office who has filed his sworn application in
accordance with the provisions of this ordinance shall have his
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name printed on the official ballots. Any such person may
cause his name to be withdrawn at any time before the official
ballots are actually printed by filing in written notice with
the City Secretary a request to that effect over his own
signature, duly attested to by a Notary Public. No name so
withdrawn shall be printed on the ballots. Not later than
twenty (20) days before the City General Election, the City
Secretary shall have the official ballots printed.
SECTION 6: Each qualified voter who desires to cast an absentee
vote and who expects to be absent on the day of the City's
General Election shall be entitled to an official ballot and
the right to cast such ballot in accordance with the provisions
of the State Statutes. Application for the absentee ballot shall
be made to the City Secretary and the voted ballot returned to
him.
SECTION 7: That hereafter all municipal elections shall be con-
ducted by one presiding officer or Judge and two -Assistant
Judges for each of the voting places to be appointed by the
Mayor of the City of Pearland, Texas; that the presiding officer
shall be compensated for his services at the rate of ' '' -56'
Dollars per day and said assistant Judges shall be compensated
at the rate of jc«e,dollars per day, which services shall
be paid from the General Fund of the City.
SECTION 8: That hereafter all elections for the election of
officials shall be held in the City of Pearland, Brazoria County,
Texas, between the hours of :00 A. . and 7:00 P. M.
SECTION 9: The Chief of Police shall post a properly executed
copy of the election proclamation and Notice at the place where
the election is to be held. Said Notice shall be posted at
least thirty days prior to the date of said election.
SECTION 10: It shall be the duty of the City Secretary to notify
all persons elected, and all newly elected officers may enter
upon their duties on the fifth day thereafter, Sundays excepted.
If any such officer fails to qualify within thirty days after
his election, his office shall be deemed vacant, and a new
election shall be held to fill same.
PASSED AND APPROVED this the 2th day of January, A. D. 1966.
CITY OF PEAR AND, TEXAS
By:
ATTEST:
City Secretary, W. A. McClellan
I
John Kegley, M