07241972 Regular Meeting - Laserfiche WebLink

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~ /50 '~ -1 S;;;)1arcos . I ,I POST OFFICE BOX 726/SAN MARCOS, TEXAS 78666/AC 612 392-2417 REPORT TO CITY COUNCIL ON CERTIFICATION OF PETITION INITIATING LEGISLATION RECEIVED BY CITY SECRETARY JULY 10, 1972 Reference is made to Article VI, Section 6.03 of the Charter: "Before signatures on any petition paper may be counted, one of the signers of such petition paper, a qual ified voter, shall make oath before the City Secretary, or any other officer com- petent to administer oaths, that the statements made therein are true, that each signature to the paper appended is the gen- uine signature of the person whose name purports to be signed thereto, and that such signatures were placed thereon in his presence. " When the petition was filed with the City Secretary by Rodger M. Zimmerman, attorney for the Parks & Recreation Board, she called to his attention that there were no oaths attached to the signa- tures. He offered to take the oath himself, at that time. The Secretary referred to the Charter, and asked him if the 700-plus persons whose names were affixed to the petition had all signed in his presence. He said they had not, but stated he would have the oaths delivered by noon the next day (July 11, 1972). An oath was presented to the City Secretary by Mr. Zimmerman (attached hereto and labeled "Exhibit 'A'") on July 11, 1972, in which twenty different persons stated that "we were present when the names of the petitioners were executed by those persons, the same being signatures appearing on the proposed initiative legislatjon". The City Attorney gave his opinion that such oath does not satisfy the requirements of said Section 6.03 of the Charter because: