Ord. 0006 1960-02-11ORDINANCE NO. l
ELECTION ORDINANCE C44; /0—
AN ORDINANCE PRESCRIBING THE PROCEDURE FOR CAN-
DIDATES TO FILE FOR THE OFFICES OF MAYOR, ALDER-
MAN (OR COMMISSIONER) AND OTHER OFFICES FOR THE
CITY OF PEARLAND, TEXAS; PROVIDING FOR ELECTION
OFFICERS, PLACE AND MANNER OF HOLDING CITY ELEC-
TIONS AND PROVIDING FOR NOTICE.
BE IT ORDAINED BY THE CITY ALDERMEN OF THE CITY OF PEAR -
LAND, TEXAS:
SECTION 1. Alt 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 other elec-
tions 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 no-
tice and appoint election officersto 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 clays 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 Alder-
man 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 speci-
fic 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. Gibbons, Mayor of the City of
Pearland, Texas, Greetings:
"l, , hereby make applica-
tion to have my name printed on the official ballot as an in-
dependent candidate for the office of
to be voted upon at the city election to be held on the 5th day
of April, 1960; and I hereby certify that I am qualified to
make this application and that I am legally qualified to hold
such office, if elected.
STATE OF TEXAS
COUNTY OF BRAZORIA
, being duly sworn, deposes
and says that the statements contained in the foregoing appli-
cation are true.
(Signed)
r ,f
Candidate
Subscribed and sworn to before me this the day of
1960.
(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 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 repre-
sentative form of government and will resist any ef-
fort or movement from any source which seeks to sub-
vert 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 , A.D. 1960.
(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 shall be posted by
the City Secretary in aconspicuous place at his office for the inspection of the
public for at least ten days before he orders the ballots to be printed. All ob-
jections 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 objections. In case no such objection
is filed within the time prescribed, the regularity or validity of the applica-
tion of no person whose name is so posted, shall be thereafter contested. The
City Secretary shall preserve in his office for a period of two years all appli-
cations, 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 re-
quest to that effect over his own signature, duly attested to by a Notary Pub-
lic. No name so withdrawn shall be printed on the ballots. Not later than
twenty (Z0) 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 general election shall be en-
titled to an official ballot and the right to case 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 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; that the presiding
officer shall be compensated for his services at the rate of six dollars ($6.00)
per day and said assistant judges shall be compensated at the rate of five dol-
lars ($5.00) 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 shall be
held in the City of Pearland, Brazoria County, Texas, between the hours of
8:00 A.M. and 7:00 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 before 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 cf fice shall be deemed vacant, and
a new election held to fill the same.
PASSED AND APPROVED this the
A.D. 1960.
(CORPORATE SEAL)
ATTEST:
APPROVED:
day of c -Gt`-
E. T. GIBBONS, MAYOR