All regular and special elections held by the City under the provision[s] of this Charter shall be in accordance with the general laws of the State of Texas as now existing, or as hereinafter amended, for the holding of municipal elections.
An election shall be held whenever a regular term of office for a member of the City Commission shall expire, on the first Saturday in May, at such places as the City Commission may direct, and of which thirty (30) days notice shall be given. Such election shall be ordered and notice thereof shall be given, and the election officers and supervisors appointed [as provided for] by the general laws of the State of Texas relative to the holding of regular municipal elections. The presiding officers and judges must be qualified voters in the City. The City Commission shall provide for their compensation, and by ordinance regulate and define their powers and duties. No irregularity in the notice herein provided for shall invalidate such election.
(A.)
NUMBERED PLACES FOR CITY COMMISSIONERS:
That the four seats now held by the Four City Commissioners be numbered consecutively from one to four inclusive; that the numbers assigned to each chair be initially drawn by lot; that candidates for the office of the City Commission shall file for and run for a specifically numbered post instead of at large as heretofore, and that the person receiving the majority of votes of those running for that particularly enumerated post shall be elected [to the] City Commission to fill that specifically numbered post.
The City Commission may at any time, by resolution or ordinance call a special election to be held within the City for the purpose of voting upon any proposition to be decided by the electors of the City, and of which special election thirty (30) days notice shall be given and the election officers and supervisors appointed as provided for by the general laws of the State of Texas relating to special municipal elections. The presiding officers and judges of such special election must be qualified voters in the City. The City Commission shall provide for their compensation, and by ordinance regulate and define their powers and duties.
The names of all candidates for office, except such as may have withdrawn, died, or become ineligible, shall be printed on the official ballots without party designation. The order on the ballot of the names of the candidates for each respective City Commission place shall be determined by lot in a drawing to be held under the supervision of the City Secretary, at which drawing each candidate or his named representative shall have a right to be present.
The only elective officers of this City shall be four (4) Commissioners and the Mayor. The four (4) Commissioners and the Mayor shall each hold office for three (3) years and until their successors are elected and qualified. In all elections for officers of this City, the candidate receiving the majority of the number of votes cast for such office shall be elected to that office. No person shall serve more than three (3) consecutive terms on the Mercedes City Commission. Serving any part of the term shall constitute serving a term under the provisions of this amendment, except that the serving of part of an unexpired term of a vacant position on the City Commission shall not constitute serving a term hereunder.
Editor’s note–Section 7.06, “Election by plurality,” which derived from Ordinance 79-11 adopted 3/6/79, was deleted by Ordinance 84-7 adopted 2/21/84.
Any qualified person who desires to become a candidate for election to a place on the City Commission shall file with the City Secretary at least thirty (30) days prior to the election day on an application for his name to appear on the ballot. Such application shall contain a sworn statement by the provisions of this charter [sic] to hold the office he seeks.
The returns of every municipal election shall be delivered by the election judges to the City Secretary not later than three (3) hours after the closing of the polls. The City Commission shall canvass the returns and declare the official results of the election not later than fifty-four (54) hours after the closing of the polls.
In the event that any elective officer of the City shall fail to qualify within fifteen (15) days after his election has been duly certified and the result thereof declared, unless prevented by good and sufficient cause, such office shall be declared vacant and a special election shall be called by the City Commission for the purpose of filling such vacancy, according to Section 2.06(C).
Every officer of the City shall, before entering upon the duties of his office take and subscribe to the following oath or affirmation to be filed and kept in the office of the City Secretary:
“I, ___________,do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ___________, of the City of Mercedes, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if the notice is one of appointment, to secure my appointment. So help me God.” |