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City Attorney said that has already happened in Mr. Bell case, he has already been elected and was a residence under the election code at the time he was el.ected. Councilman John Bell wanted to know if the Election Code addresses after he was elected. City Attorney advised that under Section 30 of the City Charter states that the council shall be the judge of the election and qualifications of its members, and under Section 17, Qualifications each of the seven councilmen shall be a citizens of the United States and a qualified voter of the State of Texas; shall have resided, and the last sentence of that section states, a member of the council ceasing to possess any of the qualifications specified in this section or any other section of this charter, or convicted of a felony while in office, shall immediately forfeit his office. City Attorney Haynes explained that if a Councilmember became convicted of a felony during their term, the day that person was convicted, it would not require action of anybody to dismiss you, you would have lost it as of the time that happened, so if the Council were to determine and find that one of it's members was no longer a boni fide resident of the city, then on the day they found that to have happened would be the day that the person would have lost the qualifications, and at that time, the action outside of the council is what determines what happen, and when it happened. Mayor Fisher asked about a homestead exemption, and how does that play into what the City Charter says. City Attorney Haynes advised that Mr. Jim Bell made an affidavit that has been furnished, wherein he designated his residency outside the city as his homestead. In the same affidavit he also stated that his principal place of residence and abode is claimed and designed and set aside by us to be our principal residence, to the exclusion of any other property owned, claimed, or held by us at 2221 Lamar. City Attorney Haynes said that in the determination of what a homestead is, it is my opinion that this affidavit, you can not say your residence is one place and your homestead is another place. City Attorney Haynes explained that residence is a part of homestead, you have to live (live is not a legal term), it has to be your home, they talk about it being your home. There are other cases that have said where your wife and children live, and an occasional use is not sufficient to constitute property a homestead, and the mere fact that a homestead claimant on occasion uses the premises as the place of his home will not impress the property with the homestead character, so for it to be a homestead it has to be your primary place of residence. Councilman Bell requested that Mr. Haynes explain further that if a person owns a piece of property, it will automatically become a homestead. City Attorney Haynes said in answer to what -Mr. Bell's questioned about living in a place you owned as to what it has to do with it being your