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HomeMy WebLinkAboutOrdinance - 1528-1954 - Amending Section 8 Election Ordinance 1189. - 02/11/1954' ' u 00..-t \ -1...9'54- 0RDIN.AN:E NO • .....,;1;;.:;5~28~-- AN ORDINANCE AMENDING SECTION 8 OF THE ELECTION ORDINANCE 1189 ENTITLED ttAN ORDINANCE AMENDING ELECTION ORDINANCE NO. 852 PRESCRIBING THE PROCEDURE FOR CANDIDATES TO FILE FOR THE OFFIC.t!S OF MAYOR· AND CITY COMMISSIONER FOR 'IRE CITY OF LUBBOCK, TEXAS; ESTABLISHING VOTING PRECINCTS; PROVIDING FOR ELECTION OFFICERS, PLACE, TIME AND MANNER OF HOLDING CITY ELECTIONS, COMPENSATION OF JUI'X}F..S, El'C ., AND ProVIDING FOR :OOTICE SO AS TO COMPLY WITH THE NEW ELEX;TION COOE EFFECTIVE JANUARY 1, 1952, AS AOOPI'ED BY THE LEGISLATURE· IN 1951, AND DECLARING AN El€RGENCY" SO AS TO RE-ESTABLISH THE VOTING PRECINCTS FOR ALL ELECTIONS FOR THE ELECTION OF OFFICIALS AND DESIGNATING POLLING PLACES; AND DECLARING AN EMEOOEIDY • W H E R E A S, The City Commission finds that due to the growth of the population and physical boundaries and to the increasing interest in municipal elections by the citizens of the City of Lubbock, it vould be in the public interes , to re-establish voting precincts for the municipal elections and polling places so that all qualified voters in the City may cast their ballot with the least difficulty and, W H E R E A S, it being necessary for the i:nmediate preservation of the interest of the public that this Ordinance be passed as an emergency measure, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That from and after the passage of this Ordinance, Ordinance #1189 shall hereinafter be and read as follows, to-wit: "SECTION: 1. All elections pertaining to municipal affairs shall be governed b,y the election laws of the State of Texas. In all city elections, the ~yor, · City Secretary, or the governing body shall do and perform each act in other electi required to be done and performed respectively by the County Judge, the County Clerk, or the Commissioners' Court. In all city elections the ~yor, or if he fails to do so, the governing body, shall order the election, give notice and appoint election officers to hold the election. I·n general elections for officers the notice or proclamation 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 he1d • .,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 Conmissioner by filing his svorn application with the Mayor and City Secretary at least thirty (JO) days prior to the election day. The applioa.tion 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 candi- date 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 Mlyor of the City of Lubbock, Texas, Greetings: I, , hereby make application to have ~ name printed on the official ballot as an independent candidate for the o:>ffice of , to be voted upon at the city election to be held on the ____ day of April 19 ____ : and I hereby certify that I am qualified to make this application and that I am legally qualified to hold such office, if e~ected. ·. "State of TexaB 1 1 County of ---- --""':"':'--=-~=---~--~---:-~' being duly s worn, deposes and says that the statements contained in the foregoing application are true. "Subscribed and sworn to (SEAL) (Signed) before me this the _ day of , 19 _. Notary Public, ------County, Texas." (b) Such sworn application may be accompanied with a petition signed ~ 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 58, Vernon's Texas Statutes, in substanti&l.ly the following form: "I, _____ , of the City of , County of , 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 wills uoport and defend oU.r 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 8 upport and defend the Con- stitution and Laws of the United States and of the State of Texas. (Candidate 's s ig:na ture ) "Sworn to and subscribed before me at _, Texas, this the __ day of--------' A. D., 19 _. {Seal) ~iN~o-t_a_cy~P-ub~l~i-c~)-------------- "In and for -----.:-.---County, Texas." n SECTION 4. The names of all those who have filed their sworn applications to have their names printed on the official ballot ae 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 (10) days before he orders the ballots to be printed. All objections to the regularity or validity of the application of any person shall be nade within five (5) days after such posting, by written notice filed t,dth the City Secretary, setti.Jlg forth the grounis of objections. In case no such objection is filed within the time prescribed, the regularity or validity of the application of no person whose nameis so posted, shall be thereafter contested. The City Secretary shall preserve in his office for a period of two (2) years all applications, notice of objections and other r elated papers. nSECTION 5. A~ person eligible to the office of Mayor, or Commissioner 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. ~ Page 3 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)C1,ty Secretary a request t~ that effect over his own signature, duly attestea 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 east an absentee vote and who expects to be absent on the day of the city general election shall be entitled to an official ballot and the right to east such ballot in accordance with the provisions of Article 37, Vernon•~ Texas Statutes, upon application to the City Secretary. "SECTION 7. That hereafter all municipal elections shall be conducted by election judges and assistant judges to be appointed Qy the ~or or City Commissio of the City of Lubbock, Texas; and that the presiding officers designated as judges shall be compensated for services at the rate of $10.00 (ten dollars) per day, and said assistant judges shall be compensated at the rate of $10.00 (ten dollars) per day, which services shall be paid frOltl the general fund of the City, together with such additional compensation as may be required as trovided by the general election laws for clerks necessary in holding said election. Ten (10) working hours shall be considered a day within the meaning of this ordinance. The judge who delivers the returns of election immediately after the votes have been counted shall be paid $2.00 (two dollars) for that service. All such judges and clerks shall receive $1.00 (one dollar) per hour for each hour of overtime. '~ECTION 8. Tha~b!~rafter all elections for the selection of officials shall be held at the~ti~~~aces, which shall be the voting place for the voting precincts herein established as follows: Voting Precinct No, 1: All that part of the City of Lubbock bounded by Avenue A on the east, 19th Street on the south, 4th Street on the north and the Panhandle and Santa Fe Railway Company (Seagraves Branch) right-of- way on the west, and the voting place is the Carroll Thompson Junior High School. Voting Precinct No, 2: All that part of the City of Lubbock lying within 1l following described area: Beginning at the point of interzection of the Slaton Highway with the Ci ty Limits; Thence Northwesterly along said highway to the Fort Worth and Denver City Railway Company ~ht-of-way; Thence Northwesterly along said railway right-of-way to Avenue A; Thence Northerly along Avenue A to 19th Street; Thence West along 19th Street to College Avenue; Thence South along College Avenue to the South City Limits; Thence along the Corporate Limits of the Southern portion of the City of Lubbock to the point of beginning and the voting place is the 0. L. Slaton ,Junior . Highr:School. Voting Precinct No. 3: All that part of the City of LubbOck lying south of 19th Stree~~ east pf ~y~nue A and north of a line beginning with the inter- section of/~K80Mfti~ Yf~~ track of the Fort Worth and Denver City Railway Company, thence southeasterly to the intersection of said Fort Worth and Denver City Railway Company track with the Panhandle and Santa Fe Railroad right-of-way, thence along said right-of-way to the south City Limits Line, and the voting place is the Dunbar High School. Voting Precinct No, {t: All that part of the City of Lubbock lying no~tth of 4th Stfeet and weet of a line running due north from the intersection of Avenue A with 4th Street according to the original town of Lubbock Plat, and the Toting place is the College Avenue Fire Station. Voting Precinct 1!2• 5: All that part of the City of Lubbock bounded by 19th Street on the North, College &van~ on the East, Memphis Avenue on the West and the South City Limits Line on the south, and the voting place is the J. T • Hutchinson Junior High School. Voting Precinct No, 6: All that part of the City of Lubbock lying North of 19th Street and East of Avenue A extended North to the North City L1mi.ts Line, and the voting place is the Zenith Avenue Fire Station. Voting Precinct No, 7~ .All that part of the City of Lubbock lying west of a line beginning at the J'unction of Memphis Avenue with the South City Limits Line, thence north along Memphis Avenue to the Panhandle and Santa Fe Railroad (Seagraves Branch) right-ot-way, thence northeasterly along said Railroad to the north boundar.y line extended to said railroad of the c. c. Leftwich Subdivision, and the voting place is the Lou Stubbs School. Said election shall be held and the polls shall be opened from 7&00 A.~ to 7s00 P.M., and all electors shall vote in the voting precinct of their residence "SECTION 9. The Chief of Police shall post a properly executed copy of the election proclamation and notice at the place or places where the election is to be held •. Said notice shall be posted thirty (.30) days before the date of said election. I "smTION 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 immediately after the City Commission has canvassed the returns and declared the result of the election and shall qualify for such office within the time provided by the Charter of the City of Lubbock. It any such officer fails to qualif'1' with... in thirty {30) days after his election, his office shall be deemed vacant and a new election held to fill the same •• n . SECTION 2. The fact that new voting precincts and polling places are I established by the provisions of this Ordinance, creates an emergenc,. requiring the suspension of all rules providing for the reading at Ordinances on several days, and the S8JII8 are hereby suspended, and in the public interest, this Ordinance shall be effective upon its passage and approval on first reading as provided by law. AND IT IS SO ORDERED. On motion of Colllrdssioner __ .... Mor-.;;;;;;.-.r;is--. ____ , seconded by Commissioner _ .... c..,.a.rpe ....... n .. t-e;:;r ___ , the foregoing Ordinance was approved and passed by the City Commission on this lltbd~ of February , 195~ by the following vote: Commissioners voting WIEA•: ~ria, Carpenter & Davis & Mafor Tripp Commissioners voting "NAI•s None ~-==--+-------------------------------------=-----------------------===========~-age 4 No Text