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Home My WebLink AboutOrdinance 8041,• /~~'3• G~~ n ORDITdANCE~ O ~ AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH TEXAS (1964) AS AMENDED BY AMENDING CHAPTER 43 THEREOF SPECIFICALLY SECTION 43-1 (B) (3) BY REDEFINING SUBSTANTIAL INTEREST PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND CODE PROVISIONS NOT INCONSISTENT WITH THIS ORDINANCE PROVIDING A SAVINGS CLAUSE PROVIDING A SEVER- ABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS SECTION 1 That Section 43-1(.B)(3) Article I Chapter 43 Code of the City of Fort Worth Texas (1964) as amended be and the same is hereby amended so that it shall hereafter read and be as follows Sec 43-1 Code of ethics adopted '(B) Definitions For the purposes of this section the following words and phrases shall have the meanings respectively ascribed to them by this section ~~ ~; (3) 'Substantial interest' (a) An individual has a 'substantial interest' in a business entity if he (.l) Has controlling interest in the business entity or (2) Has ownership in excess of ten (10) per cent of the voting interest or of the fair market value of the business entity whether as a shareholder partner or otherwise or (3) Has any participating interest either direct or indirect by share stock or otherwise whether or not the voting rights are included in the profits proceeds or capital gains of the business entity in excess of ten (10) per cent or (4). Holds a position of member of the board of directors or other governing board of a business entity or (5) Serves as an elected officer of the business entity or (6) Is an employee of a business entity or (_7) Is a creditor debtor or guarantor of any person firm corporation or F..~; M~,.r,,,,:. .y business entity in the amount of~ five thousand dollars ($5 000 00) or more (b) An individual who is an officer ci,~=:,ahe~ ~i~ty does not have a 'substantial interest'' in a business entity if (1) He holds a position as a member of the board of directors or other governing board of a business entity (2) He has been designated by the City Council to serve on said board (3) He receives no remuneration either directly or indirectly for his service on said board and (4) The primary nature of the business entity is either charitable non- profit or governmental '' SECTION 2 That this ordinance shall be cumulative of all provisions or ordinances and the Code of the City of Fort Worth Texas (1964) 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 such conflicting provisions of such ordinances and Code are hereby repealed SECTION 3 That 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 void in- effective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction such voidness ineffectiveness or unconstitutionality shall not affect any of tfi.e remaining phrases clauses sentences paragraphs and sections of this ordinance since the same would have been enacted by the City Council without the incorporation herein of any such void ineffective or unconstitu~ tional phrase, clause, sentence paragraph or section ~2- ,4 ~ SECTION 4 That this ordinance shall be in full force and effect from and after its passage and publication as required by law APPROVED AS TO FORM AND LEGALITY Ci At rney ADOPTED ~.A-P,•-~~ ~ ~'( ~ ~ EFFECTIVE -3- ^' J ~9 ~~ ~~~ ~M~ ~~ ~ ~ ii~~" - ~~ O~ lJ lJ~ I:IL"l LJ~v U l~C~~ '~' ^ ,:~ ~~ ~ ~ 't POLICY PROPOSAL DATE FILE NUMBER SUBJECT PAGE 1 OF 1 2 8 P-6 Amendment to the Cit Ethics Code PROPOSAL PROPOSED BY CITY MANAGER'S//R//E"'VIEW/, Councilman Herman Stute }~.a~',~,t ~ ~~K. ~~ Background The City Council adopted, as an element of the approved 1979-80 City Budget, an appropriation of $25 000 to the North Texas Commission On October 9 1979 the Council authorized the City Manager to enter into a contract with the North Texas Commission Department of Law review of the contract revealed a conflict between the provision that the Mayor or Council members serve on the Board of the North Texas Commission and the Ethics Code Proposal ,I ~ It is proposed that the City Council move to amend the definition of substantial ~ interest such that a provision is made whereby Council members may serve on the ~.,.._. governing bodies of non-profit entities if appointed by Council to that post and if they serve without remuneration Recommendation It is recommended that the City Council adopt the attached ordinance amending the definition of "substantial interest in the Ethics Code Legality The Department of Law has previously indicated to the Council on December 10 1979 the desirability of clearly excluding Council members' appointments to governmental non-profit or charitable entities governing bodies from the proscripti.o~o.~..t-h - Ethics Code definition of substantial interest .~°"°°"`°~~,~,.~ OF 1+01r.T ti,~Oj.{Tip TE~A.S Fiscal Note Ts~~ SiSr~~~s~CT .~~tTEB. OF `I'ii?S I~~ ~; C C i~r~i5 y~n;~;~~;~tTEi7 TO 'PI~:E CITY COt1l'CIZ There is no fiscal impact ~~'-'~ ~'~~ ~ ~ A2~ t~AS y AI'1'I~OitED City Manager's Comments ~ ~,,,,~~~, The approval of the attached ordinance will allow ecu e a contract fo membership with the North Texas Commission q~ ~ City Secretary LEGALITY D FISCAL NOTE ® Herman Stute CITY MANAGER'S COMMENTS ® Councilman, District 9 AD4P~E~ ~~f~°~St~6`e~~ ~a~ ~ ~ ~-, ` ~ ~ ~ ~ ~0 ~ ~O ~ c U L~LJ~.~Lrtl~ ^ ~~ V 1 ~ ~ i'1 ~~~~~0~1~ ~w .~ ~r r~ : `~ ~ ^ POLICY PROPOSAL DATE FILE NUMBER SUBJECT B PAGE 1 OF 1 1 2 8 CP-65 Amendment to the Cit Ethics Code PROPOSAL PROPOSED BY CITY MANAGER'S R Councilman Herman Stute ~ y ~~ Background The City Council adopted,;as an element of the approved 1979-80 City Budgetvan appropriation of $25 000 to the North Texas Commission On October 9 1979 the Council authorized the City Manager to enter into a contract with the North Texas Commission Department of Law review of the contract revealed a conflict between the provision that the Mayor or Council members serve on the Board of the North Texas Commission and the Ethics Code Proposal It is proposed that the City Council move to amend the definition of substantial interest such that a provision is made whereby Council members may serve on the governing bodies of non-profit entities if appointed by Council to that post and if they serve without remuneration Recommendation It is recommended that the City Council adopt the attached ordinance amending the definition of substantial interest in the Ethics Code Legality The Department of Law has previously indicated to the Council on December 10 1979 the desirability of clearly excluding Council members' appointments to ,governmental non-profit or charitable entities governing bodies from the proscription of the Ethics~Code definition of substantial interest' Fiscal Note There is no fiscal impact City Manager's Comments The approval of the attached ordinance will allow the City to execute a contract for membership with the North Texas Commission LEGALITY x^ FISCAL NOTE CITY MANAGER'S COMMENTS Herman Stute Councilman District 9