HomeMy WebLinkAboutOrdinance 11104
ORDINANCE NO. D
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV, DIVISION
"FINANCE", OF' THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED, BY DELETING REFERENCES TO NAMIBIA IN
SECTION 2-116, PARAGRAPH (3), SUBPARAGRAPH {c)
"PURCHASING POLICY REQUIRING DISCLOSURE OF BUSINESS
RELATIONSHIPS IN OR WITH THE REPUBLIC OF SOUTH AFRICA OR
NAMIBIA," SAID NATION HAVING ACHIEVED INDEPENDENCE,
DEMOCRATICALLY ELECTED ITS GOVERNMENT, AND ABOLISHED
APARTHEID; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth, Texas,
has been notified by the United States Department of State that
Namibia is now an independent nation, having a democratically
elected government, and has entered into diplomatic relations with
and established an embassy in the United States of America; and, ~'
WHEREAS, the democratically elected government of Namibia has
demonstrated its concern for and commitment to the welfare of its
citizens and the sanctity of human rights generally by repudiating
the practice of institutional segregation of races known as
apartheid in its constitution; and,
WHEREAS, the City Council of the City of Fort Worth, Texas,
while reiterating its abhorrence of apartheid as stated in the
Resolution of April 4, 1987, extends its congratulations and
welcome into the free community of nations to the government and
people of Namibia and finds that disclosure of business ties with
Namibia is no longer necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS : _....~. ,
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SECTION I.
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That Chapter 2, Article IV, Division 2, "Finan a e", of the •Cod~
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of the City of Fort Worth, Texas (1986) , as amended, ~be_.._.amended
further by deleting all references to Namibia in Section 2-116,
Paragraph (3), Subparagraph (c); the same after amendment to read
as follows:
"c. Purchasing policy requiring disclosure of business
relationships in or with the Republic of South
Africa:
"The City Council shall promulgate a purchasing
policy requiring disclosure of the extent and nature of
any ownership interests or other business relationships
which prospective bidders may have with the government of
the Republic of South Africa or that they may have with
any entities doing business in the Republic of South
Africa. "
SECTION II.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas (1986),
as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
SECTION III.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance,since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION IV.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption and Section I in the minutes of the City Council and by
filing the ordinance in the ordinance records of the City.
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SECTION V.
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
APPROVED A5 TO FORM AND LEGALITY:
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Date:_~~/Z/ 14z--
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EFFECTIVE;
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City of Fort i~or~h, Texas
Mayor and Council C,on~munication
DATE REFERENCE NUMBER LOG NAME PAGE
06/02/92 G-9673 13AFRICA 1 of 1
SUBJECT AMENDMENT TO ORDINANCE NO 9899 "PURCHASING POLICY" RE UIRING DISCLOSURE OF
BUSINESS RELATIONSHIPS WITH GOVERNMENTS OF THE REPUBLIC OF SOUTH AFRICA AND
THE NATION OF NAMIBIA
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance revising Ordinance
No. 9899 and Section 2-116 (3) C of the City Code by revoking all references to the
nation of Namibia.
DISCUSSION:
On June 23, 1987, the City Council adopted Ordinance No. 9899 and a resolution thereto
which amended Chapter 2, Article IV, Division 2 of the City Code. This pertains to
purchasing procedures and requires that "any entity proposing to contract with the City
disclose the extent of their ownership or other business interest such entity has with
any individual, partnership or corporation doing business with the governments of the
Republic of South Africa and/or Namibia, or doing business in the Republic of South
Africa or Namibia."
We have been advised by the Department of State that Namibia became independent March
21, 1990, and no longer warrants the sanctions as originally imposed. This will remove
references to Namibia from our disclosure records while retaining South Africa.
On May 13, 1992, the City Council's South Africa Committee met to review various
requests received by the City to remove references to Namibia from the City Ordinance.
The Committee unanimously supports this recommendation.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
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For Additional Information
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