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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 Page 2 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3