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Ord. 0047 1962-01-18 ORDINANCE NUMBER AN ORDINANCE PRESCRIBING THE PROCEDURE FOR CANDIDATES TO FILE FOR THE OFFICES OF MAYOR, ALDERMAN { OR COMMISSIONER) AND OTHER OFFICES FOR THE CITY OF PEA. RLAND~ TEXAS; PRO- VIDING FOR ELECTION OFFICERS, PLACE AND MEI~NER OF HOLDING CITY ELECTIONS AND PROVIDING FOR NOTIGE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION 1: All elections pertaining to municipal affi~frs ~hall 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 orderthe election, give notice and appoint election officers to hokl the ele- ction. 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 Tuesday in April of the year in wbJ: h 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 Alderman or otheF 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 substantially as follows: "To the Honorable E. T. Gibbons, 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 theoffice of , to be voted upon at the City election to be held on the first Tuesday in April, 1962; 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. (Signed) Candidate -1- Subscribed and Sworn To before me by the said , this the day of , 1962. (Seal) Notary Public in and for Brazoria County, Texas. ~b) Such sworn application may be accompanied with a petition signed by qualified electors, although such petition is not requir ed. (c) Such sworn application shall be accompanied with an executed copy of the "Loyalty Affidavit" as required by State Statutes, in substan~ally the following form: LOYALTY AFFIDAVIT , of ~he City of Pear[and, County of Brazoria, Sta~e of Texas, being a ca~da~e for the office of , do solemnly swear tha~ I believe in and approve of oar present representative form of Gover~en~, and if elected, I will support and defend o~ presen~ representative form of gover~en~ and will resist any effort or movemen~ from any source which seeks ~o subvert or destroy the s~e, or any par~ thereof, and I will sappor~ and defend ~he Cons~u~ion and Laws of the United Sta~es and of the S~ate of Te~s. Candidate' s Signature Sworn to and Subscribed before me at Pearland, Texas, this the day of , A. D. 1962. (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 name printed on the official ballot as candidates shall be posted by the City Secretary in a conspict~ous 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 shall be made within five days after such posting, by written noticefiled with the City Secretary, setting forth the grounds of such ob- jections. In case no such objection is filed with in ~he 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 al[ 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 mvorn application in accordanc~, 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 -Z- Secretarya 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 (gO) days before the City genera[ 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 Cityrs 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 votedba[lot returned to him. SECTION 7: That hereafter all municipal eiections shall be conducted by one presiding officer or ~udge and two assistant ~udges 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 ($ } Dollars per day and said assistant Judges shall be compensated at the rate of ($ ) Dollars per day, which services shall be paid from the Genera[ Fund of the City. SECTION 8: That hereafter all elections for the election of officials shai[ be held in the City of Pear[and, Brazoria County, Texas , between the hours of 8;0'0 o'clock Ao Mo and 7:00 o'clock P. M. SECTION 9: The City Marshall shall post a properly executed copy of the election proclamation and notice at the piace where the election is to be held. Said Notice shall be posted at [east thirty days prior to the date of said election. SECTION i0: It sha[[be the duty of the City Secretary to notify all persons elected, anda[[ newly elected officers may enter upon their duties on the fifth day thereafter, Sundays excepted. If any such officer £ai[s to qualify within thirty days after his election, his office shah be deemed vacant, and a new election shall be held to fill the same. PASSED and APPROVED this the d~_~ay of ~-~/~/~;~/~ , A. D. 1962. CITY OF PEARLAND, TEXAS " (Corp , -3-