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001 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL March 24, 1994 The City Council of the City of Paris met in special session, Thursday, March 24, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor George Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Jim Bell, Millie Ingram McDonald, Wayne Brown, and John Bell. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Mayor Fisher announced that the special meeting was called for the purpose of discussion regarding the residency requirements and legality of Councilman Jim Bell's service on the Paris City Council. City Manager Malone advised that this item was tabled at the October 11, 1993 City Council meeting, and should the Council wish to consider this matter tonight, a motion to bring this item from the table is required. A motion was made by Councilwoman McDonald, seconded by Councilman John Bell to bring the above item from the table. The motion carried 5 ayes, 1 nay, Councilman Jim Bell voting no. Councilman Jim Bell said he would address the issue if there were questions that anyone would like to make, but pointed out that this is not a public hearing, it was not advertised as such, and appropriately only certain people would know to be here if they were invited personally, and he did not think that it is appropriate for the public to have input without a public hearing, if you wish to postpone it and have a public hearing properly advertized as such. Councilman Jim Bell referred to a letter dated September 30, 1993, from the Secretary of State that he has given a copy of to most of the Councilmember over a period of time. Mr. Bell read the, following excerpts from the letter. "Concerning the residency requirement it is considered and long standing interpretation of this office that the majority of Texas Courts have found the question of residence to be a mixed question of law in fact which must be judicially determined. As a City is empowered as a fact finding tribunal, the City Council has no authority to declare a candidate ineligible based on the residence requirements. The question is more properly brought to a District court ". Mr. Bell said this is based on a question that he addressed to the Secretary of State, not the Attorney General, The Attorney General might be a more appropriate person to address the question to, this was from the Secretary of State which does have the authority over elections. Mayor Fisher asked City Attorney Haynes if he has information pertaining to what the City Charter says regarding the eligibility of a City Councilperson should be?