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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. /.s~ day of The second reading and public hearing being conducted on the t~ 2002. 6'"'1f:. day of Ordinance 0-02-1322 Page 6 of 6 ATTEST: 0fL~ 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: