1996-154E \WPDOC$\ORD\2-62 A~
AN ORDINANCE AMENDING SECTION 2-62 "CONFLICT OF INTEREST" OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE THAT NO MEMBER
OF A BOARD OR COMMISSION OF THE CITY THAT EXERCISES ANY SOVEREIGN
FUNCTION OF GOVERNMENT INDEPENDENT OF THE CONTROL OF THE CITY
COUNCIL SHALL BE FINANCIALLY INTERESTED IN CERTAIN TRANSACTIONS
WITH THE CITY, AMENDING SECTION 2-83 "GENERAL RULES" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON TO DEFINE PERSONAL INTEREST AS A
FINANCIAL INTEREST, PROVIDING FOR A DEFINITION OF FINANCIAL
INTEREST, PROVIDING A SAVINGS CLAUSE, LISTING BOARDS WHICH HAVE
SOVEREIGN MUNICIPAL FUNCTIONS, AND PROVIDING AI~ EFFECTIVE DATE
WHEREAS, the most widely recognized test for determining
whether or not a board or commIssion is discretionary and whether
its members are officers is the test enunciated by the Texas
Supreme Court ~n Ald~ne Independent School District v Stanley, 280
S W 2d 578 (Tex 1955), 1 e , which whether the board exerclses
any sovereign function of government largely independent of the
control of others, and
W~EREAS, the City Council deems it in the public interest to
amend this section of the Code of Ordinances to incorporate the
Aldlne IndeDendent School D~strlct test, to better define the term
"financial ~nterest" and to list boards exercising sovereign
functions of government, NOW, THEREFORE,
THE COUNCIL OF T~E CITY OF DENTON HEREBY ORDAINS
SECTION I That the f~ndlngs and recitations set forth in the
preambles to this ordinance are found to be true and correct and
they are hereby adopted by the City Council and made a part of this
ordinance for all purposes
~ II That Section 2-62 "Conflict of Interest" of
Chapter 2 ,,Administration" of the Code of Ordinances of the City of
Denton is hereby amended to read as follows
Sec. 2-62. Conflict of Interest.
a No member of a board or commission of the City that
exercises any sovereign function of municipal government
lndegendent of the control of the City Council shall have
a financial interest, d~rect or Indirect, in any contract
with the City or be financially interested, directly or
indirectly, in the sale to or by the City of any land,
materials, supplies, or services For the purposes of
this section, the boards and commissions which exercise
independent sovereign functions of municipal government
are the Planning and Zoning Commission, the Board of
Ad3ustment, the Civil Service Commission, the Electric
Code Board, the Plumblng and Mechanical Code Board, the
Traffic Safety Commission, and the Building Code Board
b The phrase "financial interest" when used herein shall
have the same meaning as "substantial interest in
business entity" as that phrase is defined in section
171 002 of the Texas Local Government Code
SECTION III That subsection (b) "Voting Required" of Section
2-83 "General Rules" of the Code of Ordinances of the City of
Denton is hereby amended to read as follows
Sec. 2-83. General Rules.
b Voting required No attending member of a board shall be
excused or shall abstain from voting on any matter before
the board on which a vote is called or required, except
where a board member's personal interest is Involved
When such member's personal interest is involved, such
member shall announce such interest at the commencement
of consideration of the matter, and such member shall not
enter into discussion or debate on such matter and shall
abstain from voting thereon and shall fill out an
affidavit stating such interest in accordance with
section 171 004 of the Texas Local Government Code A
member shall be considered to have a personal interest in
a matter whenever any matter before the board could or
does affect the member's financial interest The phrase
,,financial interest" when used herein shall have the same
meaning as "substantial interest in a business entity" as
that phrase is defined in section 171 002 of the Texas
Local Government Code
~ That save and except as amended hereby, all the
articles, sections, sentences, and paragraphs of Chapter 2
"Administration" of the Code of Ordinances of the City of Denton,
Texas shall remain in full force and effect
~ V That this ordinance shall become effective
immediately upon Its passage and approval
PASSED AI~D APPROVED this the q%~ day of ~L~ , 1996
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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