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HomeMy WebLinkAboutO-1948-355 11 I' 'I I~ ., I . .; ;1 . e \ ! i F I I ORDINANCE NO. 355' AN ORDINANCE PRESCRIBING THE PHOCEDURE FOR CANDIDA'rES TO FILE FOR THE OFFICES OF MAYOR, COMJHSSIONEH AND OTHER OFPICES FOR TIlE CITY OF LA PO!~TE, TEXAS; PROVIDING FOR ELECTION OPFICEHS, PLACE AND MA1JNER OF HOLDING CITY ELECTIOHS AND PROVIDING FOR NOTICE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HERr~WITH, PROVIDING SAID ORDINANCE TO BE SEVERABLE AND I DECLARING AN ~lERGENCY. 'I I! , , BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, THAT: Section 1. All elections pertaining to municipal affairs shall be governed by the election laws of the State of Texas. In : t all city elections, the Mayor, City Clerk, or governing body shall' do and perform each act in other elections required to be done and performed respectively '\)y 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 elec- tion, give notice and appoint election officers tion. In general elections for officers the notice or proclama- , to hold the e1ec- ! i J . tion shall be issued and posted at the polling places not later than thirty (30) 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, Commissioner and other city office by filing his sworn application with the Mayor at lea.st thirty (30) The application shall state the days prior to the election day. ~I specific office or place being sought by the applicant and that \/\ ! tIle applicant is eligible and qualified under the laws of the , State of Texas to become a candidate ror and hold the office be- l I ing sought, if elec ted. II Section 3. (a) The form of the sworn application shall be I substantially as follows: I "To the Mayor of the City of La Porte, Texas, Greetings: I, , hereby make application to have my name printed on the official ballot as an indepen- dent candidate for the office of , to be voted upon at the city election to be held on the day of April, 1948; and I hereby certify that I am q~a11fied to make this application and that I am legally qualified to hold such office, if elected. .1 I! ,I . . -2- "S'tate of Texas, I County of Harris Q , , being duly sworn, deposes and says that the statements contained in the foregoing application are true. (Signed) Subscribed and sworn to before me this, the day of , 1948. /, I~ I ~ , , (Seal) Notary Public in and for Harris County, Texas. q (b)Such sworn application may be accompanied with a peti- tion 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 Article 2978a, Vernon's Texas Statutes, in substantially the following form: "I, , of the City of La porte, County of Harris, State of Texas, ba'ng a candidate for the office of , do solemnly swear that I be- lieve 1n and approve of our present representative form of government, and if elected, 1 will support and defend our present representative form of govern- ment and will resist any effort or movement from any source which seeks to subvert or destroy the s~me or any part thereof, and I will support and defend the . Constitution and Laws of the United States and of the state of Texas. II I (Candidates Signature) "Sworn to and subscribed before me at La Porte, Texas, this the day of , A. D. 1948. '\"\ ,q Notary Public in and for (Seal) 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 aandidates shall be posted by the City Clerk in a con- spicuous place at his office for the inspection of the public for; at least ten (10) days before he orders the ballots to be prin~edJ ---- All objections to the regularity or validity of the application of any person shall be made within five (5) days after such post- I --- . ing, by written notice filed with the City Clerk, setting forth the ground of objections. In case no such objection is filed " II II 'I II II ;1 within the time prescribed, the regularity or validity of the ap- ~ 1 ~!plication of no person whose name is so posted, shall be there- " i: after contested. e e ,. -3- The City Clerk shall preserve in his office for I I : a period of two years all applications, notice of objections and ! i obher related papers. Section 5. Any person eligible to the office of Mayor, Commissioner or other office who has filed 11is 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 Clerk a request to that effect over his own signature, duly at- tested 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 Clerk shall have the official jbal10ts printed. t ! Section 6. Each qualified voter who desires to cast an ab- sentee vote and who expects to!ne absent on the day of the city general election, shall be entitled to an official ballot and the ,right to cast such ballot in accordance with the provisions of I I jArticle 29~~, Vernon's Texas Statutes. Section 7. Hereafter, all municipal elections shall be ducted by one presiding judge or officer and at least two (2) i assistants, to be appointed by the Mayor of the City of La Porte, I Texas; and that the compensation for such election officials shall , , I I I con-' I I I \/\ be fixed by the Board of Commissioners of the City of La Porte, I which compensation shall be paid from the general .funds of the Cityl. Section 8. Hereafter, all elections for the selection of officials shall be held at the City Hall in the City of La Porte, , 'Harris County, Texas, between the hours of 8:00 A. M. and 6:00 P. M!. ! properl y I , Section 9. The City Chief of Police shall post a I executed copy of the election proclamation and notice at the place where the election is to be held. Said notice shall be posted thirty (30) days before the date of ~aid election. /: i e e -4- t I: I Section 10; It shall be the duty of the City Clerk to noti- I! I. I /, fy all persons elected, and all newly elected officers may enter upon their duties on the fifth day thereafter, Sunday excepted. .,. - .~ I: ., If any such officer fails to qualify within thirty (30) days af- It, " , tar his election, his office shall be deemed vacant, and a new I I election held to fill the same. I. I Section 11. All ordinances and resolutions and parts of I i ordinances and/or resolutions heretofore passed, which are in Ii" conflict herewith, are hereby repealed by this ordinance. I I Section 12. If any section or part of a section, or one or I I more sections of this ordinance be declared to be invalid, such i I shall not affect the validity of the remaining parts hereof. Section 13. An emergency exists constituting an imperative public necessity that the rule requiring ordinances to be read at three several meetings be suspended and this ordinance take effect and be in force from and after its passage and approval, ,I and it is so ordained. II Passed and approved this, the lOthday of Februe.ry , A. D. 1948. " ATTEST: ,I ~ t "'\,'1 k\ . . <- e e' ORDINANCE NO. 355' AN ORDINANCE PRESCRIBING THE PROCEDURE FOR CANDIDATES TO FILE FOR THE OFFICES OF MAYOR, COMI-HSSIONER AND OTH3R OFFICES FOR THE CITY OF LA PO~TE, TEXAS; PROVIDING FOR ELECTION OFFICERS, PLACE AND MANNER OF HOLDING CITY ELECTIONS AND PROVIDING FOR NOTICE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEi{~WITH, PROVIDING SAID ORDINANCE TO BE SEVERABLE AND DECLli.RING AN EMERGENCY. _T< .., - \ I ....-""", e BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, THAT: 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 Clerk, or governing body shall do and perform each act in 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 elec- tion, give notice and appoint election officers to hold the elec- tion. In general elections for officers the notice or proclama- tion shall be issued and posted at the polling places not later than thirty (30) 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, Commissioner and other city office by filing his sworn application with the Mayor at least thirty (~O) 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 ,--., ,....--- e " state of Texas to become a candidate for and hold the office be- - '" ing sought, if elected. Section 3. (a) The form of the sworn application shall be substantially as follows: "To the Mayor of the City of La Porte, Texas, Greetings: I, , hereby make application to have my name printed on the official ballot as an indepen- dent candidate for the office of , to be voted upon at the city election to be held on the day of April, 1948; and I hereby certify that I am q~alified to make this application and that I am legally qualified to hold such office, if elected. ----..,'. . e -2- ,---'.... e . I "state of Texas, I County of Harris D , , being duly sworn, deposes and says that the statements contained in the foregoing application are true. (Signed) Subscribed and sworn to before me this, the day of , 1948. Notary Public in and for Harris County, Te~as. · (Seal) (b}Such sworn application may be accompanied with a peti- tion signed by qualified electors, although such petition is not ...~----. A .. required. (c) Such sworn application shall be accompanied with an executed copy of the "Loyalty Affidavit" as required by Article 2978a, Vernon's Texas Statutes, in substantially the following form: .~, "I, , of the City of La porte, County of Harris, State of Texas, bemng a candidate for the office of , do solemnly swear that I be- lieve 1n and approve of our present representative form of government, and if elected, i will support and defend our present representative form of govern- ment and will resist any effort or movement from any source which seeks to subvert or destroy the sE!-me or any part thereof, and I will support and defend the Constitution and Laws of the United States and of the State of Texas. e (Candidates Signature) "Sworn to and subscribed before me at La Porte, Texas, this the day of , A. D. 1948. Notary Public in and for County, Texas." (Seal) Section 4. The names of all those who have filed their '- """, sworn applications to have their names printed on the official ballot as aandidates shall be posted by the City Clerk in a con- s~icuous place at his office for the inspection of the public for at least ten (lO) days before he orders the ballots to be prin~ed --- All objections to the regularity or validity of the application of any person shall be made within five (5) days after such post- .,,-- -.... ---....---'. ing, by written notice filed with the City Clerk, setting forth the ground of objections. In case no such objection is filed . . .' ,~ e' -3- ej ; within the time prescribed, the regularity or validity of the ap- plication of no person whose name is so posted, shall be there- after contested. The City Clerk 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, Commissioner or other office who has filed llis 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 Clerk a request to that effect over his own signature, duly at- tested 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 Clerk shall have the official ballots printed. Section 6. Each qualified voter who desires to cast an ab- sentee vote and who expects tome absent on the day of the city general election, shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of Article 2956, Vernon's Texas Statutes. Section 7. Hereafter, all municipal elections shal~ be con ducted by one presiding judge or officer and at least two (2) assistants, to be appointed by the M.ayor of the Cit,y of La Porte, Texas; and that the compensation for such election offic~als shall be fixed by the Board of Commissioners of the City of La Porte, which compens~tion shall be paid from the general funds of the City. Section 8. 'Hereafter, all elections for the selection of officials shall be held at the City Hall in the City of La Porte, . .' ----- . ~~ ..' .... ~'. -', ~'" \ re Harris County, Texas, between the hours of 8:00 A. M. and 6:00 P. M. Section 9. The City Chief of Police shall post a properly executed copy of the election proclamation and notice at the place whore the election is to be held. Said notice shall be posted thirty (30) days before the date of said election. ,~ e /...-......... / e ..-... e ~ " e ,. . . -4- Section 10. It shall be the duty of the City Clerk to noti- fy all persons elected, and all newly elected officers may enter upon their duties on the fifth day thereafter, Sunday excepted. . - / If any such officer fails to qualify within thirty (30) days af- tor his election, his office shall be deemed vacant, and a new election held to fill the same. Section 11. All ordinances and resolutions and parts of ordinances and/or resolutions heretofore passed, which are in conflict herewith, are hereby repealed by this ordinance. Section 12. If any section or part of a section, or one or more sections of this ordinance be declared to be invalid, such shall not affect the validity of the remaining parts hereof. SectiQn 13. An emergency exists constituting an imperative public necessity that the rule requiring ordinances to be read at three several meetings be suspended and this ordinance take effect and be in force from and after its passage and approval, and it is so ordained. Passed and approved this, the ~hday of February , A. D. 1948. " ATTEST: Y of La Porte, .1 '1 .! .....:.. ." "'":- ':' .