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 ~
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