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Ord. 0036 1961-02-16ORDINANCE NO, 3 G, AN ORDINANCE PRESCRIBING THE PROCEDURE FOR CANDIDATES TO FILE FOR THE OFFICES OF MAYOR, ALDERMAN (OR COMMISSIONER) 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 Tuesday 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 upon 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 shall state the specific office or place being sought by the applicant and that the 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. Gibbcns , Mayor of the City of Pearlanl, Texas, Greetings: "I, , hereby make appli- cation 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, 1961; 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 duty sworn, deposes and says that the statements contained in the foregoing application are true. (Signed) Candidate 1 Subscribed and sworn to before me this day of , 1961. (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 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 Gity 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 represent- ative 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, Candidatets Signature "Sworn to and subscribed before me at Pearland, Texas this the day of , A. D. 1961. (Seal) Notary Public in and for Brazoria County, Texas. SECTION 4: The names of all those who have filed their sworn applications to have their names printed on the official. ballot as candidates shalt be posted by the City Secretary in a conspicuous place at his office for the in- spection 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 shalt 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 xvalidity 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 writing 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 tohim. SECTION 7: That hereafter all municipal elections shall. 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 Pearland, Texas; thate presiding�f'cer shall becompensated for his services at the rate of v ,�K � ; , ($ 5 o ) Dollars per glsi.y and said yip, assistajudges shall be compensated at the rate of ki/- ($ S — ) Dollars per day, which services shall be paid from the general fund of the City. SECTION 8: That hereafter all elections for the selection of officials shalt be held in the City of Pearland, Brazoria County, Texas, between the hours of 8:00 o'clock A. M. 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 place where the election is to be held. Said notice shall be posted at least thirty days prior to the dateof said election. SECTION 10: It shall be the duty of the City Secretary to notify all persons elected, and all newly elected officers mayenter 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 held to fill the same. A. D. 1961. �r PASSED and APPROVED this the a day of � (i_t1iu.et4it:/ , CITY OF PEARLAND. TEXAS E. T. Gibbons, Mayor (C orporate_ Seal) ATT 6,T: ity S?Er Lary!