HomeMy WebLinkAboutOrdinances (O-02-1322)-02/05/2002
ORDINANCE 0-02-1322
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, REQUIRING THE FILING
OF A FINANCIAL DISCLOSURE AND BUSINESS CONFLICTS OF INTEREST
STATEMENT FOR ELECTED OFFICIALS, CANDIDATES, AND CERTAIN BOARDS
AND COMMISSION MEMBERS, ESTABLISHING DEFINITIONS OF TERMS,
PROMULGATING REPORTING FORMS, PROVIDING FOR FILING DATES,
REPEALING A PRIOR RESOLUTION CONCERNING THE SUBJECT MATTER OF
THE ORDINANCE, PROVIDING A PENAL TV AND AUTHORIZING PUBLICATION.
WHEREAS,
the citizens of the City of Colleyville are entitled to know certain
information about candidates for public office, elected officials and
members of the Planning and Zoning Commission and the Zoning
Board of Adjustment that may influence their decisions or
determine whether they can make unbiased decisions; and
WHEREAS,
to insure citizen trust of elected and appointed officials of the City,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS, AS FOLLOWS:
Sec. 1.
THAT the terms used in this ordinance shall have the following meaning:
A. Account of Financial Activitv. An "Account of Financial Activity"
means and shall consist of:
(i) A list of sources of occupational income during the reporting
period, identified by the employer, the employer's address and
position held, or if self-employed, by the nature of the
occupation, the business address and position held of the
individual, their spouse and those under the individual's
financial control; and
(ii) Where an individual or those under the individual's financial
control own real property or a beneficial interest in a business
entity owing real property within the area crosshatched on
Exhibit "An to this ordinance during the reporting period, the
account shall list the name in which legal title to the property is
held, the nature of ownership interest, the name of the business
entity in which a beneficial interest is held (if applicable), the lot,
block, subdivision, city and county, or, if the real property is not
part of a subdivision, the number of acres and tract, city and
county in which the property is located. Further the account
shall list each property identification number assigned by the
Ordinance 0-02-1322
Page 2 of 6
county appraisal district to the property and by the street address
(if available). Further, the account shall list the names and
addresses of other persons or business entities which own an
interest in the real property. If a business entity is a limited
partnership, the name and address of the general partner shall
be included; and
(iii) The name, address and nature of business of any business
entity in which the individual or those under the individual's
control held or acquired a beneficial interest of 10% or more
during the reporting period; and
(iv) The name and address of the person, business entity or other
organization from which the individual or those under the
individual's financial control during the reporting period received
a gift of anything of value in excess of $250.00 and a description
of each gift, except (1) gifts received from an individual within the
second degree of consanguinity or affinity as determined under
sub-chapter B of Chapter 573 of the Government Code; (2) a
political contribution that was reported as required by law; and
(3) an expenditure required to be reported by a person required
to be registered under Chapter 305 of the Government Code;
and
(v) The name and address of any business entity, non-profit
corporation, charitable association, business association or other
type of organization in which the individual or those under the
individual's financial control were an officer, director, or held
another position during the reporting period and a description of
the position held.
B. Bankruptcy. "Bankruptcy" means the filing of a petition, voluntary or
involuntary, under Chapter 7, 11 or 13 of the Bankruptcy Code. (Title
11 of the United States Code).
C. Beneficial Interest. A "beneficial interest" means an ownership of
either legal or equitable title and includes any ownership interest held
in trust where the individual is either the trustee or the beneficiary of
the trust. Where the ordinance refers to a beneficial interest of 10% or
more of a business entity it is meant that the individual owns or is
entitled to either a legal or equitable interest in 10% or more of the
Sec. 2.
Sec. 3.
Ordinance 0-02-1322
Page 3 of 6
outstanding stock, membership interest or other indicia of ownership of
the business entity.
D. Business Entity. A "business entity" means a sole proprietorship,
partnership, firm, corporation, holding company, joint stock company,
receivership, trust, or any other entity recognized by law through which
business or profit is conducted.
E. Those Under The Individual's Financial Control. "Those under the
individual's financial control" means the individual's spouse and
dependent children's property or financial interest over which the
individual had actual control or where the property was community
property during the reporting period.
F. ReportinQ Individuals. "Reporting Individuals" means each member of
the City Council, including the Mayor, each candidate for membership
in the City Council, including the Mayor, each member of the Planning
and Zoning Commission and Zoning Board of Adjustment, who are
appointed after the passage of this ordinance and each applicant for a
position on the Planning and Zoning Commission or the Zoning Board
of Adjustment.
G. ReportinQ Period. The "reporting period" means the twelve (12) month
period immediately preceding the date the Account of Financial Activity
is due pursuant to the terms of this ordinance.
H. Trust. A "trust" means a trust subject to Chapter 9 of the Texas
Property Code that owns real property or a beneficial interest in a
business entity owning real property within the area crosshatched on
Exhibit "A" to this ordinance or where the trust owns a 10% or more
beneficial interest in another business entity.
THAT the Reporting Individuals shall file a report of their Account of
Financial Activity for the applicable reporting period.
THAT the Reporting Individuals shall file a report disclosing the filing of
any bankruptcy petition by or against the individual, their spouse, a
business entity in which the individual owned a beneficial interest of 10%
or more, a business entity in which the individual was an officer or director
of the business entity at the time of bankruptcy filing.
Sec. 4.
Sec. 5.
Sec. 6.
Ordinance 0-02-1322
Page 4 of 6
THAT the Reporting Individuals shall file a report disclosing the filing of
any information which charges a misdemeanor involving moral turpitude, a
felony indictment, conviction of a misdemeanor involving moral turpitude
or conviction of a felony of the individual or of a business entity in which
the individual had a 10% or more beneficial interest or where the
individual was at the time of the filing or conviction an officer or director of
the business entity. The report shall specify the name of the person or
business entity charged, the nature of the offense, and if the information
or indictment did not result in a conviction, the disposition of the
information or the indictment.
THAT the disclosures required by Sections 2, 3 and 4 hereof shall be
made on the Financial Disclosure and Business Conflict of Interest Forms
which are attached hereto, shall be verified as provided therein and shall
be filed with the City Secretary on the following dates:
A. Candidates for membership in the City Council, including the Mayor,
who are not currently sitting Council members, shall file within two (2)
business days following the date upon which the filing for election for
the position for which the individual seeks election is closed.
B. Sitting Council members, including the Mayor, shall file on or before
twenty (20) days after the passage of this ordinance and on the first
business day following January 15 and July 15 each year.
C. Applicants seeking appointment to the Planning and Zoning
Commission or the Zoning Board of Adjustment shall file within two (2)
business days following the end of the application period stated in the
official City advertisement for application for the position.
D. Sitting members of the Planning and Zoning Commission and the
Zoning Board of Adjustment, who are appointed after the passage of
this ordinance, shall file on the first business day following January 15
and July 15 of each year.
THAT the Reporting Individuals shall have a duty to file supplemental
disclosures upon the Financial Disclosure and Business Conflict of
Interest Forms which are attached hereto within three (3) business days of
an occurrence of any change in the information reflected in the Financial
Disclosure and Business Conflict of Interest Forms previously filed by the
individual or where said information becomes inaccurate or
Sec. 7.
Sec. 8.
Sec. 9.
Sec. 10.
Ordinance 0-02-1322
Page 5 of 6
incomplete after the reporting period but prior to the conduct of the
election at which they seek office or prior to their appointment.
THAT the failure to file when due the Financial Disclosure and Business
Conflict of Interest Forms, including any supplements required thereto,
shall constitute a violation of this ordinance and shall be punishable by a
fine not to exceed the sum of $500.00. It shall be a defense to any
prosecution of a violation of this ordinance that within three (3) business
days of the due date of any Financial Disclosure and Business Conflict of
Interest Form, including any supplements required thereto, the individual
filed a Financial Disclosure and Business Conflict of Interest Form in
conformity with the provisions of this ordinance.
THAT if any section, paragraph, clause or provision of this ordinance for
any reason is to be held invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision shall not
affect the remaining portion of this ordinance and the ordinance shall be
read as if such invalid or unenforceable provisions did not exist.
THAT upon passage hereof, Resolution R-01-1789 is repealed In its
entirety.
THAT the City Secretary is hereby authorized and directed to cause
publication of a description caption and penalty clause hereof as an
alternative method of publication as provided by law.
AND IT IS SO ORDERED.
and public hearing being conducted on the
2002.
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The second reading and public hearing being conducted on the
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day of
Ordinance 0-02-1322
Page 6 of 6
ATTEST:
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CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
~~
Mayor
APPROVED AS TO FORM AND LEGALITY:
ORDINANCE NO. 0-02-1322
Exhibit "A"
Dallas County
The crosshatched area is the portion of Tarrant County
north of Interstate 30 and east of Interstate 35 W, and that
portion of Denton County south of State Highway 114 and
east of Interstate 35 W.
City of Colleyville
Financial Disclosure and Business Conflict of Interest Forms
INFORMATION STATEMENT Form 1
Filed in accordance with Ordinance 02-1322 TOTAL NUMBER OF PAGES FilED:
OFFICE USE ONLY
1 NAME TITLE; FIRST; MI Account Number
Date Received
NICK NAME; LAST: SUFFIX
2 ADDRESS ADDRESS I CITY I STATE I ZIP
Receipt Number I Amount
3 TELEPHONE AREA CODE PHONE NUMBER; EXTENSION
NUMBER Dale Processed
( ) Dale Imaged
4 REASON
FOR FILING o CANDIDATE (INDICATE OFFICE)
STATEMENT o ELECTED OFFICIAL
(INDICATE OFFICE)
o ZONING BOARD OF ADJUSTMENT (APPLICANT OR APPOINTEE)
0 PLANNING AND ZONING COMMISSION (APPLICANT OR APPOINTEE)
0 TWO (2) BUSINESS DAYS FOLLOWING THE CLOSING OF FILING FOR ELECTIVE
OFFICE OR APPOINTMENT
0 CHANGES TO BE FILED JANUARY 15TH
0 CHANGES TO BE FILED JULY 15TH
0 SUPPLEMENTAL CHANGES
5 Provide information for spouse and dependent children whose financial activity the filer had actual control over during
this filing period. In addition, the source of annual income of the spouse shall be provided, as subject to federal election
reporting requirements for a spouse:
o SPOUSE
o DEPENDENT CHILD 1
2
3
6 o NO CHANGE. I do by here verify that there has been no changes since the previous filing of the Financial Disclosure
and Business Conflict of Interest Forms. PLEASE SEE FORM 8
In parts 1-4 disclose your financial activity during the 12 months proceeding the date of filing. In part 5 disclose not only
your own financial activity, but also that of your spouse and/or dependent child or children, if you had actual control over
that person's financial activity.
COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY
INITIAL HERE:
DATE:
City of Colleyville
Financial Disclosure and Business Conflict of Interest Forms
SOURCES OF OCCUPATIONAL INCOME
Form 2
When reporting information about a dependent child's activity, indicate the child about whom you are reporting by
providing the number under which the child is listed on FORM 1.
INFORMATION RELATES TO
o FILER
o SPOUSE
o DEPENDENT CHILD
2
EMPLOYMENT
NAME AND ADDRESS OF EMPLOYER I POSITION HELD
o EMPLOYED BY ANOTHER
NATURE OF OCCUPATION I NAME AND ADDRESS I POSITION HELD
o SELF EMPLOYED
INFORMATION RELATES TO
o FILER
o SPOUSE
o DEPENDENT CHILD
NAME AND ADDRESS OF EMPLOYER I POSITION HELD
EMPLOYMENT
o EMPLOYED BY ANOTHER
NATURE OF OCCUPATION I NAME AND ADDRESS I POSITION HELD
o SELF EMPLOYED
INFORMATION RELATES TO
o FILER
o SPOUSE
o DEPENDENT CHILD
NAME AND ADDRESS OF EMPLOYER I POSITION HELD
EMPLOYMENT
D EMPLOYED BY ANOTHER
NATURE OF OCCUPATION
o SELF EMPLOYED
COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY
INITIAL HERE:
DATE:
City of Colleyville
Financial Disclosure and Business Conflict of Interest Forms
INTERESTS IN REAL PROPERTY Form 3
Describe all beneficial interests in real property held or acquired by you, your spouse, or a dependent child during the
calendar year within the area crosshatched on the map attached to Ordinance 02-1322.
For more information see INSTRUCTION GUIDE
When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing
the number under which the child is listed on Form 1.
1 HELD OR ACQUIRED BY D FILER D SPOUSE D DEPENDENT CHILD
2 DESCRIPTION lot City
Block County
Subdivision Ad Valorum Tax Account Number
Acres and Tract
3 STREET ADDRESS STREET ADDRESS, INCLUDING CITY, COUNTY, AND STATE
D NOT APPLICABLE
LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES
4 NAME WHICH OWN AN INTEREST IN THE REAL PROPERTY
D INDIVIDUAL
D BUSINESS
HELD OR ACQUIRED BY D FILER D SPOUSE D DEPENDENT CHILD
2 DESCRIPTION
lot City
Block County
Subdivision Advalorum Tax Account Number
Acres and Tract
3 STREET ADDRESS STREET ADDRESS, INCLUDING CITY, COUNTY, AND STATE
D NOT APPLiCABLE
4 NAME LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES
WHICH OWN AN INTEREST IN THE REAL PROPERTY
D INDIVIDUAL
o BUSINESS
COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY
INITIAL HERE:
DATE:
City of Colleyville
Financial Disclosure and Business Conflict of Interest Forms
Gifts Form 4
Identify any person or organization that has given a gift worth more than $250 to you, or those under your financial
control as defined in Ordinace 02-1322. Do not include: 1) expenditures required to be reported by a person required
to be registered as a lobbyist under Government Code, Chapter 305, 2) political contributions reported as required by
law, or 3) gifts given by a person related to the recipient within the second degree by consanguinity or affinity.
When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing
the number under which the child is listed on Form 1.
1 D FILER D SPOUSE D DEPENDENT CHILD
RECIPIENT
2 NAME AND ADDRESS
DONOR
3 DESCRIPTION OF GIFT
RECIPIENT D FILER D SPOUSE D DEPENDENT CHILD
NAME AND ADDRESS
DONOR
DESCRIPTION OF GIFT
RECIPIENT D FILER D SPOUSE D DEPENDENT CHILD
NAME AND ADDRESS
DONOR
DESCRIPTION OF GIFT
COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY
INITIAL HERE:
DATE:
City of Colleyville
Financial Disclosure and Business Conflict of Interest Forms
BOARDS AND EXECUTIVE POSITIONS Form 5
This section is for information concerning executive positions and directorship held by you or those under your financial
control. For more information see INSTRUCTION GUIDE
When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing
the number under which the child is listed on Form 1.
1 o FILER o SPOUSE
POSITION HELD BY o DEPENDENT CHILD
2 ORGANIZATION ADDRESS
0 NON PROFIT
o CHARITABLE ASSOCIATION
o BUSINESS ASSOCIATION
3 POSITION HELD
POSITION HELD BY o FILER o SPOUSE o DEPENDENT CHILD
ORGANIZATION ADDRESS
0 NON PROFIT
o CHARITABLE ASSOCIATION
o BUSINESS ASSOCIATION
POSITION HELD
POSITION HELD BY o FILER o SPOUSE o DEPENDENT CHILD
ORGANIZATION
POSITION HELD
COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY
INITIAL HERE:
DATE:
Citv of Collevville
BANKRUPTCIES Form 6
Individuals shall disclose any bankruptcy petition by or against the individual, their spouse, a business entity in which the
individual owned a beneficial interest of 10% or more, or a business entity in which the individual was an officer or director
of the business entity at the time of bankruptcy filing. For more information see INSTRUCTION GUIDE
1 TYPE OF BANKRUPTCY
o PERSONAL o BUSINESS ON/A o NONE
NAME
2 CHAPTER
07 011 013
3 IF CHAPTER 7
DID YOU RECEIVE A DYES ONO
DISCHARGE
4 IF CHAPTER 11 OR 13
DID YOU COMPLETE DYES ONO
A SUCCESSFUL
REORGANIZATION
Misdemeanor Involving Moral Turpitude and Felonies
Individuals shall disclose any information which charges a misdemeanor involving moral turpitude, a felony indictment,
conviction of a misdemeanor involving moral turpitude or conviction of a felony of the individual or of a business entity
in which the individual had a 10% or more beneficial interest or where the individual was at the time of the filing or conviction
an officer or director of the business entity.
1 NAME
Business or Entity Charged o PERSONAL o BUSINESS
2 TYPE OF
INDICTMENT or
INFORMATION
3 NATURE OF OFFENSE DESCRIPTION
4 DISPOSITION OF
INDICTMENT or
INFORMATION
COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY
Financial Disclosure and Business Conflict of Interest Forms
INITIAL HERE:
DATE:
City of Colleyville
Financial Disclosure and Business Conflict of Interest Forms
INTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7
OR OTHER BUSINESS ASSOCIATIONS
Describe all interests in business entities held or acquired by you or those under your financial control as defined in
Ordinance 02-1322. For an explanation of "beneficial interest" and other specific directions for completing this section,
see INSTRUCTION GUIDE.
When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing
the number under which the child is listed on Form 1.
1 HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD
2 DESCRIPTION NAME AND ADDRESS
.
3 NATURE OF BUSINESS
HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD
DESCRIPTION NAME AND ADDRESS
NATURE OF BUSINESS
HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD
DESCRIPTION NAME AND ADDRESS
NATURE OF BUSINESS
COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY
INITIAL HERE:
DATE:
City of Colleyville Financial Disclosure and Business Conflict of Interest Forms
PERSONAL FINANCIAL STATEMENT Form 8
AFFIDAVIT
The Ordinance 02-1322 requires that the disclosures in the Financial Disclosure and Business Conflict of Interest Forms
be verified. The verification page must have the signatures of the Financial Disclosure and Business Conflict of Interest
Forms, as well as the signature and seal of a notary public. Without proper verification, the statement is not considered
filed. Falsification of information is subject to criminal prosecution under state penal code.
Before me, the undersigned authority, personally appeared
who, after being duly sworn upon their oath deposed and stated as follows:
"My name is
and I hereby submit for filing pursuant to
Ordinance No. 0-02-1322 of the City of Colleyville, the attached Financial Disclosure and Business Conflict
of Interest Forms. I have personal knowledge of all information contained in said forms and all information
contained in the forms is true and correct."
"Further, all of the information contained in the forms is complete. There is no information that has
been withheld or not disclosed which is responsive to or required to be disclosed by the forms."
Affiant
Sworn to and subscribed before me, this the
day of
,2002.
Notary Public, State of Texas
INITIAL HERE:
DATE: