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 San Marcos
 Code of Ordinances
 Part I. CHARTER
 Article III. THE CITY COUNCIL

  § 3.02. Qualifications.  

Latest version.

  • (a)

    Each member of the city council, in addition to having other qualifications prescribed by law:

    (1)

    Shall be a qualified voter of the city;

    (2)

    Shall have had his or her principal physical residence for at least one year preceding the election within the corporate limits of San Marcos and shall maintain his or her principal physical residence within the corporate limits of San Marcos throughout his or her term of office; for purposes of this subsection, a person must meet all of the following to meet the requirement for a "principal physical residence" in the city:

    (A)

    The person must use the residence address for voter registration, current driver's license or Texas identification card;

    (B)

    The person must use the residence address as the person's home address on documents such as employment records, resumes, business cards, government forms and loan applications;

    (C)

    The person must not claim a homestead exemption on any property other than the residence;

    (3)

    Shall not hold any other office or employment under the city government while a member of the council, except a member of the city council may be appointed by the city council to represent the council on any board, commission, committee, organization or entity in the council's sole discretion so long as that person's service does not extend beyond the person's council term;

    (4)

    Shall not be an officer or director of any public service company within the city, or outside the city but serving inhabitants of the city, nor be the owner or proprietor of any public service company in the city. "Public service company" is defined as any company, individual, partnership, corporation or other entity recognized by law that uses any of the city's streets, alleys, highways or other public property to carry out its principal purposes, including but not limited to water, wastewater, gas, electricity and, telecommunications utilities, commercial railway or street railway services, public transit services, solid waste collection, and vehicles for hire.

    (5)

    Shall not have a financial interest in the sale to the city of any land, materials, supplies or service, outside of the person's position with the city.

    (6)

    Shall remain current on all financial obligations to the city relating to the duties of the council member.

    (b)

    The city council shall determine that the qualifications of its own members are continually met. If the council determines that any member of the council has ceased to possess any of these qualifications or has been convicted of a felony, that member shall immediately forfeit office.

(Res. No. 1977-7R, Prop. 1, 1-24-77/4-2-77; Ord. No. 1988-15, Props. 2—4, 2-8-88/5-7-88; Ord. No. 1996-6, Prop. 1, 2-12-96/5-4-96; Ord. No. 1998-7, Prop. 3, 2-9-98/5-5-98; Ord. No. 2000-12, Prop. 2, 2-14-00/5-6-00; Ord. No. 2000-40, Prop. 2, 5-9-00/5-6-00; Ord. No. 2002-12, Prop. 1, 2-11-02/5-4-02; Ord. No. 2002-35, Prop. 1, 5-7-02/5-4-02; Ord. No. 2004-10, Prop. 1, 2-23-04/5-15-04; Ord. No. 2006-36, § 2(4), 8-15-06/11-7-06; Ord. No. 2008-29, § 2(4), 8-19-08/11-4-08; Ord. No. 2013-44, Props. 10, 11, 8-20-13/11-5-13 ; Ord. No. 2017-45 , § 2(Prop. C), 8-15-17/11-7-17)