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HomeMy WebLinkAbout1999-268AN ORDINANCE AMENDING SECTION 2-62 OF CHAPTER 2 OF THE CODE OF ORDI- NANCES, OF THE CITY OF DENTON TO PROVIDE CONFLICT OF INTEREST PROVI- SIONS FOR BOARD AND COMMISSION MEMBERS CONSISTENT WITH THE CON- FLICT OF INTEREST PROVISION RECENTLY PASSED BY THE VOTERS IN THE CITY CHARTER ELECTION, AMENDING SECTION 2-84 OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR THE NOMINATION AND APPOINTMENT OF MEMBERS TO THE PUBLIC UTILITIES BOARD AND PARKS AND RECREATION BOARD CONSISTENT WITH THE AMENDMENTS TO THE CITY CHAR- TER APPROVED BY THE VOTERS AT THE MAY 1, 1999 CITY CHARTER ELECTION, PROVIDING FOR RATIFICATION OF PRIOR ACTION, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, at the May 1, 1999 City Charter election, the voters approved the amend- ment of §14 04 of the City Charter to remove the chrect or indirect financial interest test and sub- stitute the substantial interest in a business entity test set forth under Tex Loc Gov't Code § 171 002 for conflicts of interest, and WHEREAS, it is necessary to change §2-62 "Conflict of Interest" of the Code of Ordi- nances to be consistent with the new City Charter requirement on conflict of interest, and WHEREAS, at the May 1, 1999 City Charter election, the voters approved the expansion of the Patks and Recreation Board under §11 02 of the City Charter and the Public Utilities Board under § 12 07 of the City Charter to seven members, which makes it necessary to amend §2-84 of the Code of Ordinances to make the method of nominating and appointing members to certain boards consistent with those amendments, and WHEREAS, the City Council deems it in the public interest to amend these sections of the Code of Ordinances as indicated above, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That §2-62 "Conflict of interest" of Article III "Boards, Commissions, and Committees" of Chapter 2 of the Code of Ordinances of the City of Denton is hereby amended to read as follows Sec. 2-62, Conflict of interest. Amember of a board or commission of the City having a substantial interest in a business entity or real property, as those terms are defined in chapter 171 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply with chapter 171 and, if neces- sary, shall abstain from voting on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon SECTION 2 That §2-84 "Nominating and appointing members to certain boards" of Article III "Board, Commissions, and Committees" of Chapter 2 of the Code of Ordinances of the City of Denton is hereby amended to read as follows Sec. 2-84. Nominating and appointing members to certain boards. All nominations to the Public, Utilities Board and Parks and Recreation Board shall be by procedures established by the City Council to fairly allow each member of the City Council an opportunity to nominate a member to each of these boards All appointments to the Public Utilities Board and Parks and Recreation Board shall be by affirmative vote of four members of the City Council SECTION 3 All prior actions of the City Council, City Secretary, and the City Manager in nominating and appointing members to the Public Utilities Board and Parks and Recreation Board are hereby ratified and approved This ordinance shall be retroactive to the extent neces- sary to ratify these prior actions SECTION 4 That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining por- tions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity SECTION 5. That save and except as amended hereby, all the sections, sentences, clauses, and phrases of Chapter 2 of the Code of Ordinances of the City of Denton shall remain in full force and effect SECTION 6 That this ordinance shall become effective immediately upon its passage and approval and shall be given retroactive effect as required by Section 3 PASSED AND APPROVED tins the 94' dday of , 1999 JAC ER, MAYOR ATTEST JE ER WALTERS, CIPY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CI Y T RNEY BY \\CH LOLNOLI tam LO s c nt mencee\99kon tof interest dm Page 2