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Ord. 0057 1963-02-21 ORDINANCE NO. ~ ? ~./.'~ .~ ~ AN ORDINANCE PRESCRmING P OCED RE FOR CANDIDATES TO FILE FOR THE OFF, ICE OF 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 e[ectlons pertaining to municipal affairs shall be governed by the election taws 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 respective[yby 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, shah order the election, give notice and appoint e[ectlon officers to hold the election. In genera[ elections for officers the notice or proclamation shall be issued and posted at the polling places not later than thirty days before the first Tuesday in Apri[~of the year in which the e[ectionis 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 alderman or other city office by filing his sworn application with the Mayor at least thirty (30) days prior to the election day. The application shah 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 andho[d the office being sought, if elected. SECTION 3: (a) The form of the sworn application shah be substantially as follows: "To the Honorable ~. T. Gibbons, Mayor of the City of Pear[and, Texas, Greetings: I , hereby make application to have my name printed on the offlcia[ 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, 1963; and I hereby cer- tify 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 OFBRAZORIA , being duly sworn, deposes and says that the statements contained in the foregoing application are true. ~.m~ Candidate -1- Subscribed and Sworn to before me by the said , this the day of ,1963. (Sea[) Notary Public in and for tSrazoria County, Texas I (b) Such sworn application may be accompanied with a petition signed il 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 Pear[and, County of Brazoria, State of Texas, being a candidate for the office of do solmen[y swear that Ibe[ieve in and approve of our pre- sent 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 theConstitution and Laws of the United States and of the State of Texas. Candidate's Signature Sworn to and Subscribed before me at Pear[and, Texas~ this the day of , 1963.~' (Seal) Notary Public in and for Brazoria County, Texas. SECTION 4: The names of all those who have filed their swornapp[ication to have their name printed on the official ballot as candidates shall be posted by the City Secretary in a conspicuous place at his office for the inspection of the public for at least ten days before he orders the ballots to be printed. All objections to the regularity or validity of the application of any person shah 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 suchobjectionis 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, Alderman or other office who has filed his sworn application in accordance with the provisions of this ordinance shall have his 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 tk) that effect over his own signature, duly attested to by a Notary Public. No name so withdrawn sha[[be printed on the ballots. Not later than twenty (g0) days before the City Genera[ Election, the City Secretary shall have the official ballots printed. SECTION $: Each qua[ifiedvoter who desires to cast an absentee vote and who expects to be absent on the day of the City's genera[ election shall be entitled to an of£icia[ ballot and the right to cast such ballot in accordance with the provisions of the State Statutes. Application for the absentee ballot shat[ be made to the City Secretary and the votedba[[ot returned to him. SECTION 7: That hereafter att municipal elections shat[ be conducted 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 Pear[and, Texas; that the presiding officer shall be compensated for his services at the rate of Do[tars per day and said assistant Judges shat[ be compensated at the rate of Do[tars per day, which services shah be paid from the Genera[ Fund of the City. SECTION 8: That hereafter att elections for the election of officials shat[ be he[din the City of Pear[and, Brazoria Connty, Texas, between the hours of 8:00 O'C[ockA. M. and 7:00 O~C[ock P. M. SECTION 9: The CityMarsha[[ shah post a properly executed copy of the election proclamation and Notice at the place where the election is to be held. Said Notice shah be posted at least thirty days prior to the date of said election. SECTION 10: It shat[ be the duty of the City Secretary to notify att persons elected, and att newly elected officers may enter upon their duties on the fifth daythereafter, Sundays excepted. If any such officer faits to qualify within thirty days after his election, his office shat[ be deemed vacant, and a new election shall be held to fill the same. PASSED AND APPROVED this the ~f day of FEBRUARY, A. D. 1963. CITY OF PEARLAND, TEXAS By: . ]~.~'T. -G'{'bbons, Mayor C{~y Secretary -3-