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1994
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1994
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CITY CLERK
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City Attorney Haynes said he had several items of information that has <br />been furnished on previous occasions to the Council, and there may be <br />one or two that have been added since that time. The original <br />presentation was in October 1993, at the same time that item was on the <br />agenda. City Attorney said the Charter of the City of Paris which is <br />the instrument under which this government was formed requires that a <br />person who wishes to offer himself to be, or herself a Councilperson <br />must be a bona fide resident of the ward in which they are running. <br />Also, in a section that talks about what the Council does when it fills <br />a vacancy should there be a death or resignation it says vacancy on the <br />Council shall be filled by a majority vote of the remaining members of <br />the council, by the selection of a person possessing all the <br />qualifications prescribed by section 1 (17) of this article, who shall <br />be a bona fide resident of the ward in which the vacancy occurs. City <br />Attorney Haynes said the definition of bona fide in the Black <br />Dictionary and accepted authority for definitions with regard to legal <br />matters, says in and with good faith, honestly, openly, and sincerely <br />without deceit or fraud. City Attorney Haynes said also in the <br />Charter, Section 30 - Council is to judge the qualifications of its <br />members - The Council shall be the judge of the election and <br />qualifications of its members and for such purpose shall have power to <br />subpoena witness and require the production of records, but the <br />decision of the council in any such case shall be subject to review by <br />the courts, as Mr. Bell has allude to. City Attorney Haynes said that <br />in many sections of laws of the State of Texas that deal in the area in <br />which we are in, the Election Code which the Secretary of State gives <br />its authority to assist and direct the holding of elections in the <br />State of Texas under Section 141.003, age and residence requirements <br />for home -rule city office (a) Different age and residence requirements <br />from those prescribed by Section 141.001 may be prescribed by a <br />home -rule city charter, but a minimum age may not be more than 21 years <br />and a minimum length of residence in the state or city may not be more <br />than 12 months immediately preceding election day. If there are <br />provisions in the charter that go beyond what is permitted in that <br />section, then those sections of the charter is void. City Attorney <br />Haynes said that ours do go beyond that, so our charter does not <br />control those matter in our city but section 141.001 of the election <br />code does, and it says - To be eligible to be a candidate for, or <br />elected or appointed to, a public elective office in in this state, a <br />person must: <br />(1) be a United States citizen; <br />(2) be 18 years of age or older on the first day of the term to be <br />filled at the election or on the date of appointment, applicable; <br />(3) have not been determined mentally incompetent by a final judgement <br />of a court; <br />(4) have not been finally convicted of a felony from which the person <br />has not been pardoned or otherwise released from the resulting <br />disabilities; <br />(5) have resided continuously in the state for 12 months and in the <br />territory from which the office is elected for six months immediately <br />preceding the date; <br />
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