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HomeMy WebLinkAboutOrdinances (O-13-1896)-11/19/2013 IT ORDINANCE 0-13-1896 AMENDING ORDINANCE 0-02-1322 FILING DATES OF A FINANCIAL DISCLOSURE AND BUSINESS CONFLICTS OF INTEREST FORM; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-02-1322 on February 5, 2002, to establish the filing of a Financial Disclosure and Business Conflicts of Interest Statement for elected officials, candidates, and certain boards and commission members; establish definitions of terms; promulgate reporting forms; and provide for filing dates; and WHEREAS, the City Council deems it in the best interests of the public to make available 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, the City Council wishes to ensure citizen trust of elected and appointed officials of the City; and WHEREAS, the original disclosure ordinance is in need of an update to make compliance more practicable, while achieving the same basic goals; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the purposes of this ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Ordinance 0-13-1896 Page 2 of 4 Sec. 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Ordinance 0-02-1322 is hereby amended to include the following: (1) Section 5B shall read as follows: Sitting Councilmembers, including the Mayor, shall have a duty to file supplemental disclosures upon the Financial Disclosure and Business Conflict of Interest Forms, which are attached hereto, within five (5) 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. (2) Section 5D: shall read as follows: Sitting members of the Planning and Zoning Commission and the Zoning Board of Adjustment, shall have a duty to file supplemental disclosures upon the Financial Disclosure and Business Conflict of Interest Forms, which are attached hereto, within five (5) 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. (3) The boundary map has been revised to include the Colleyville City limits only, attached as Exhibit "A". (4) Section 6 is deleted entirely. (5) Section 7 shall read as follows: THAT the failure to file any change in 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 five (5) days of any change in the Financial Disclosure and Business Conflict of Interest Form, including any supplements required thereto, the individual filed a Financial Disclosure and Business Ordinance 0-13-1896 Page 3 of 4 Conflict of Interest Form in conformity with the provisions of this ordinance. Sec. 3. THAT the Financial Disclosure and Business Conflict of Interest Forms which are attached hereto as Exhibit "B", shall be verified as provided therein, and shall be filed with the City Secretary on the aforementioned dates. Sec. 4. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 5. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 6. THAT Ordinance 0-02-1322 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of November 2013. The second reading and public hearing being conducted on the 19th day of November 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 19th day of November 2013. ATTEST: CITY F COLLEYVILLE ti ► , 1 7/q, Amy - elley, • MC Mike Taylor City Secretary Mayor Pro Tern Ordinance 0-13-1896 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" 1 JOHN MCCAIN RD .. MCDONWELL SCHOOL RD W my v v txcl 4, O O 4� l a a z V v , _ HALL-JOHNSON RD o re Z O cl) L a - I z w ag a ` °:1 GLADE RD C', .:, 0 Cl O Q O s- E- Ci Q Cr W 2 CO '% CHEEK-SPARGER1RD r G . Y OA COLLEYVILLE TEXAS Exhibit "B" City of Coffeyville Financial Disclosure and Business ConMot of Interest Forms INFORMATION STATEMENT Form 1 — TO(ALNUMSER OF PAGES FILED. OFFICE USE ONLY 1 NAME Tnt6;IIRSSY,Ni Po o!NNeB•r Dab Mce4.0 NM(NAM'c:.A5T,SUFFIX 2 ADDRESS AODMESSi COY!SIAM/ZIP u/� ...._. R�a(p 5um.t CA�ennrt 3 TELEPHONE "R COs[ PRONE I411M5I ;EXTENSION NUMBER iaa.Pmeea�� 'Dew Impjod 4 REASON FOR FILING ❑CANDIDATE (INDICATE OFFICE) STATEMENT I—,ELECTED OFFICIAL ►,,,,r ,(INDICATE OFFICE) ❑ZONING BOARD OF ADJUSTMENT(APPLICANT OR APPOINTEE) ❑ PLANNING AND ZONING COMMISSION(APPLICANT Oa APPOINTEE) ❑ TWO(2)BUSINESS DAYS FOLLOWING THE CLOSING OF FILING FOR ELECTIVE OFFICE OR APPOINTMENT ❑ SUPPLEMENTAL DISCLOSURE FILED WITHIN FIVE(5)DAYS OF AN OCCURRENCE IN PREVIOUSLY FILED FORMS 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: ❑SPOUSE ❑DEPENDENT CHILD 1 2 3 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. 1 INFORMATION RELATES TO ❑FILER ❑SPOUSE ❑DEPENDENT CHILD 2 NAME AND ADDRESS OF EMPLOYER(POSITION HELD EMPLOYMENT ❑EMPLOYED BY ANOTHER NATURE OF OCCUPATION/NAME AND ADDRESS/POSITION HELD ❑SELF EMPLOYED INFORMATION RELATES TO ❑FILER ❑SPOUSE ❑DEPENDENT CHILD NAME AND ADDRESS OF EMPLOYER/POSITION HELD EMPLOYMENT ❑EMPLOYED BY ANOTHER NATURE OF OCCUPATION/NAME AND ADDRESS /POSITION HELD ❑SELF EMPLOYED INFORMATION RELATES TO ❑FILER ❑SPOUSE ❑DEPENDENT CHILD NAME AND ADDRESS OF EMPLOYER/POSITION HELD EMPLOYMENT ❑EMPLOYED BY ANOTHER NATURE OF OCCUPATION ❑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 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 0 FILER ❑SPOUSE ❑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 ❑ NOT APPLICABLE LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES 4 NAME WHICH OWN AN INTEREST IN THE REAL PROPERTY ❑ INDIVIDUAL ❑ BUSINESS HELD OR ACQUIRED BY 0 FILER ❑SPOUSE 0 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 ❑ NOT APPLICABLE 4 NAME LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES WHICH OWN AN INTEREST IN THE REAL PROPERTY ❑ INDIVIDUAL ❑ 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. 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)gilts 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 RECIPIENT ❑FILER ❑SPOUSE ❑DEPENDENT CHILD 2 NAME AND ADDRESS DONOR 3 DESCRIPTION OF GIFT RECIPIENT ❑FILER ❑SPOUSE ❑DEPENDENT CHILD NAME MD ADDRESS DONOR DESCRIPTION OF GIFT RECIPIENT ❑FILER ❑SPOUSE ❑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. 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 POSITION HELD BY ❑FILER 0 SPOUSE ❑DEPENDENT CHILD 2 ORGANIZATION ADDRESS ❑ NON PROFIT ❑ CHARITABLE ASSOCIATION ❑ BUSINESS ASSOCIATION 3 POSITION HELD POSITION HELD BY ❑FILER ❑SPOUSE ❑DEPENDENT CHILD ORGANIZATION ADDRESS ❑ NON PROFIT ❑ CHARITABLE ASSOCIATION ❑ BUSINESS ASSOCIATION POSITION HELD POSITION HELD BY ❑FILER ❑SPOUSE ❑DEPENDENT CHILD ORGAN IZATION POSITION HELD COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: City of Collewille Financial Disclosure and Business Conflict of Interest Forms 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. 1 TYPE OF BANKRUPTCY PERSONAL El BUSINESS N/A 0 NONE NAME 2 CHAPTER El 7 011 013 3 IF CHAPTER 7 DID YOU RECEIVE A YES DISCHARGE 4 IF CHAPTER 11 OR 13 DID YOU COMPLETE YES 0 NO 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 0 Business or Entity Charged PERSONAL 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 • 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. 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 0 FILER ❑SPOUSE ❑DEPENDENT CHILD 2 DESCRIPTION NAME AND ADDRESS 3 NATURE OF BUSINESS HELD OR ACQUIRED BY 0 FILER ❑SPOUSE ❑DEPENDENT CHILD DESCRIPTION NAME AND ADDRESS NATURE OF BUSINESS HELD OR ACQUIRED BY ❑FILER ❑SPOUSE Q 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 Financial Disclosure and Business Conflict of Interest Forms are required to 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 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 20 . • Notary Public,State of Texas INITIAL HERE: DATE: