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1999-268AN 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 ~nd~rect financial ~nterest test and sub- statute the substantial interest in a business entity test set forth under Tex Loc Gov't Code 8171 002 for conflmts of interest, and WHEREAS, it m necessary to change 82-62 "Conflict of Interest" of the Code of Ordi- nances to be consistent with the new C~ty Charter reqmrement on conflict of ~nterest, and WHEREAS, at the May 1, 1999 City Charter elect~on, the voters approved the expansion of the Parks and Recreation Board under 811 02 of the C~ty Charter and the Public Utilities Board under 812 07 of the C~ty Charter to seven members, which makes ~t necessary to amend 82-84 of the Code of Ordinances to make the method of nominating and appointing members to certmn boards consistent with those amendments, and WHEREAS, the C~ty Council deems ~t m the public ~nterest 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 Artmle III "Boards, Commissions, and Committees" of Chapter 2 of the Code of Ordinances of the C~ty of Denton ~s hereby amended to read as follows See. 2-62, Conffiet of interest. A~member of a board or commission of the C~ty hawng a substantial interest in a business entity or real property, as those terms are defined ~n chapter 171 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply w~th chapter 171 and, ~f neces- sary, shall abstmn from voting on a matter ~nvolvlng the bus~ness entity or real property and file an affidavit settmg forth the substantml interest in the matter to be voted upon SECTION 2 That §2-84 "Nominating and appointing members to certmn boards" of Article III "Board, Commissions, and Committees" of Chapter 2 of the Code of Ordinances of the C~ty of Denton is hereby amended to read as follows Sec. 2-84. Nominating and appointing members to certmn boards. All nommatmns to the Pubhc, Uttht~es Board and Parks and Recreation Board shall be by procedures estabhshed by the C~ty Council to fmrly allow each member of the C~ty Council an opportumty to nominate a member to each of these boards All appointments to the Pubhc Uttht~es Board and Parks and Recreatmn Board shall be by affirmative vote of four members of the C~ty Councd SECTION 3 All prior actions of the Cxty Council, C~ty Secretary, and the C~ty Manager an nomxnatmg and appoxntxng members to the Pubhc utdmes Board and Parks and Recreation Board are hereby ratffied and approved Th~s ordmance shall be retroactive to the extent neces- sary to ra[~fy these prior actions SECTION 4 That ffany section, subsection, paragraph, sentence, clause, phrase, or word ~n thru ordxnance, or apphcat~on thereof to any person or mmumstance ~s held ~nvahd by any court of competent junsdmtxon, such hold~ng shall not affect the vahdtty of the remmmng por- txons of th~s ordinance, and the Cxty Counml of the C~ty of Denton, Texas hereby declares ~t would have enacted such remmmng portxons despxte any such vabd~ty SECTION 5. That save and except as amended hereby, all the sectxons, sentences, clauses, and phrases of Chapter 2 of the Code of Ordinances of the Cxty of Denton shall remmn ~n full force and effect SECTION 6 That th~s ordinance shall become effective ~mmedmtely upon tts passage and approval and shall be g~ven retroactive effect as reqmred by Section 3 PASSED AND APPROVED ttus the ,~'E~ day of~, 1999 JAC~ ATTEST JENI~ER WALTERS, CII2Y SEC~-ETARY APP][I,OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY...~TT, oORNEY ~ Page 2