HomeMy WebLinkAbout1059 09-10-1991ORDINANCE NO. 1059
AN ORDINANCE AMENDING ORDINANCE NO. 1042,
WHICH PROVIDED FOR FILING OF A DECLARATION
OF WRITE -IN CANDIDACY FOR ELECTION TO THE
OFFICE OF MAYOR OR CITY COUNCILPERSON AND
TO CONFORM SAME TO RECENTLY ENACTED
STATE LAW BY EXTENDING THE DATE FOR FILING
• DECLARATION OF WRITE -IN CANDIDACY WHEN
• CANDIDATE WHOSE NAME IS TO APPEAR ON THE
BALLOT DIES OR IS DECLARED INELIGIBLE;
PROVIDING A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE.
WHEREAS, Euless Ordinance No. 1042 provided for the manner, time and form
of filing a declaration of write -in candidacy for election to the office of Mayor or
City Councilperson; and
WHEREAS, such ordinance conforms with recently adopted legislation by the
72nd Legislature of the State of Texas providing a requirement for filing a
declaration for write -in candidacy for such offices except where a candidate whose
name is to appear on the ballot dies or is declared ineligible; and
WHEREAS, it is the desire of the Euless City Council to conform such write -in
candidacy requirements with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
Article IV. of Euless Ordinance No. 1042 is herewith amended to hereafter be
and read as follows:
(a) A declaration of write -in candidacy must be filed not later than 5:00 p.m.
of the thirtieth (30th) day before the election called for such office.
However, if a candidate whose name is to appear on the ballot dies or is
declared ineligible after the thirty -third (33rd) day before the election
called for such office, a declaration of write -in candidacy for the office
sought by the deceased or ineligible candidate may be filed not later than
5:00 p.m. of the twenty- seventh (27th) day before the election called for
such office.
(b) A declaration of write -in candidacy by mail is considered to be filed at
the time of its receipt by the City Secretary.
ORDINANCE AMENDING ORDINANCE NO. 1042 Page 1
II.
That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
III.
This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless
City Council on the27th day of August 1991; by a vote of 5 ayes, 0 nays,
and_Q abstentions; GIVEN SECOND READING AND APPROVED at a regular
meeting of the Euless City Council on the loth day of September 1991; by a vote
of _5_ ayes, o nays, and 0 abstentions.
APPROVED:
i
Eri
ATTEST:
Susan. Crim�ty Secretary
3169M
ORDINANCE AMENDING ORDINANCE NO. 1042 Page 2