O-2589-2-07ORDINANCE NO. 2589-2-07
' AN ORDINANCE OF THE CITY COUNCIL OF THIN CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON MAY 12,
2007, FOR THE PURPOSE OF ELECTING CITY COUNCILMEMBERS FOR
PLACE NOS. 4 AND 6; TO CONSIDER PROPOSED AMENDMENTS TO THE
HOME RULE CHARTER OF THE CITY OF ALLEN; PROVIDING FOR THE
PUBLICATION AND POSTING OF NOTICE; PROVIDING FOR EARLY VOTING;
MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH
ELECTIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council desires to conduct an election for City Councilmembers for Place Nos. 4 and 6
on May 12, 2007; and,
WHEREAS, the City Council has reviewed the Home Rule City Charter of the City of Allen and has
determined that certain amendments are in the best interest of the citizens and to comply with state law and
after due consideration desires to conduct an election on proposed amendments to the Home Rule Charter on
the uniform election date of May 12, 2007; and,
WHEREAS, the City Council desires to conduct the election on the proposed amendments to the Home Rule
City Charter concurrently with the election for City Councilmembers.
' NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1. An election is hereby ordered to be held on Saturday, May 12, 2007, for the purpose of
electing two (2) City Councilmembers to fill the following expiring terms on the Allen City Council: Place
No. 4 and Place No. 6, each such tern being for a period of three (3) years and proposed amendments to the
Home Rule Charter.
SECTION 2. The City Secretary is hereby authorized and directed to publish and/or post, in the time and
manner prescribed by law, all notices required to be so published and/or posted in connection with the
conduct of the election. The Collin County Election contract shall designate the election judges for this joint
election.
SECTION 3. Pursuant to the Joint Election Agreement, the Elections Administrator of Collin County shall
serve as Elections Administrator for the election. Presiding Election Judges and Alternate Presiding Election
Judges appointed to serve the authorized polling places and the early voting clerk and deputy early voting
clerks shall be those election officials furnished by the Elections Administrator from the list of proposed
election judges listed in an attachment to the agreement. The City Manager and City Secretary are hereby
authorized to execute an Elections Services Contract with the Collin County Elections Department for the
election on May 12, 2007. The City Secretary shall have further authority to approve any minor modifications
as may be necessary in the best interest of the City. A voting system or systems meeting the standards and
requirements of the Texas Election Code, as amended, is hereby adopted and approved for early voting by
' personal appearance and by mail and for election day voting.
SECTION 4. Notice of the election shall be posted on the bulletin board used to post notice of the City
Council meetings, be published in a newspaper of general circulation published in the City, and must include
a substantial copy of the proposed Charter Amendments. That said notice must be published on the same day
in each of two successive weeks, with the first publication occurring no earlier than the thirtieth day but
before the fourteenth day before the date of the election. A copy of the published notice that contains the
name of the newspaper and the date of publication shall be retained as a record of such notice, and the person
posting the notice shall make a record of the time of posting, starting date, and the place of posting.
SECTION 5. The City Secretary shall present the election returns to the City Council at a Council meeting
for the canvassing of said election in accordance with the Texas Election Code.
SECTION 6. The hereinafter proposed amendments to the Home Rule Charter of the City of Allen, Texas,
contained in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes shall be submitted
to the City's qualified voters for their approval or disapproval at a joint election to be held concurrently with
the regular City election for City Councilmembers on Saturday, May 12, 2007. Each charter amendment
submitted must contain only one subject, and the ballot shall be prepared in a manner that the voters may vote
"FOR" or "AGAINST" any amendment or amendments without voting "FOR" or "AGAINST' all of said
amendments. Each such proposed charter amendment, if approved by the majority of the qualified voters
voting at said election, shall become a part of the Home Rule City Charter of the City of Allen, Texas.
SECTION 7. The ballot propositions for the proposed amendments to the Home Rule City Charter are as
follows:
"PROPOSITION I
Shall Article II, Sections 2.04, 2.05, and Article M, Section 9.01 of the Allen City Charter be
amended to comply with state law regarding an election to fill a vacancy on the City Council?
' PROPOSITION 2
Shall Article II, Section 2.06 and Article III, Sections 3.02 and 3.08, of the Allen City Charter be
amended provide for the appointment of the City Secretary by the City Manager subject to confirmation by
the City Council?
PROPOSITION 3
Shall Article III, of the Allen City Charter be amended to add Section 3.09 to provide for the duties
and responsibilities of the City Secretary?
PROPOSITION 4
Shall Article III, Section 3.04 of the Allen City Charter be amended to comply with state law and to
be consistent with other provisions of the Charter to change the word "clerk" to "secretary"?
PROPOSITION 5
Shall Article III, Section 3.05 and Article II, Section 2.06 of the Allen City Charter be amended to
transfer the provision in Article III, Section 3.05 regarding the power of the City Council to appoint advisory
boards to Article II, Section 2.06 which lists the powers of the City Council?
PROPOSITION 6
' Shall Article VII, Section 7.01 of the Allen City Charter be amended to comply with state law
regarding the dates for city elections?
Ordinance No. 2589-2-07, Page 2
PROPOSITION 7
' Shall Article VII, Section 7.03 of the Allen City Charter be amended to comply with state law in
regard to the filing of an application for a place on the ballot for City Council?
PROPOSITIONS
Shall Article VII, Sections 7.04 of the Allen City Charter be amended to comply with state law in
regard to the time period for calling a runoff election for City Council?
PROPOSITION 9
Shall Article IX, Sections 9.02, 9.03 and 9.07 of the Allen City Charter be amended to comply with
state law in regard to petitions for recall of a City Council member?
PROPOSITION 10
Shall Article IX, Section 9.03 be amended to comply with state law in regard to referendum petition?
PROPOSITION I I
Shall Article X, Section 10.05 of the Allen City Charter be amended to be consistent with state law in
regard to the sale of City property at a public auction?'
SECTION 8. The entire City shall constitute one election precinct for this election and the Municipal Court
Facility, 301 Century Parkway, Allen, Texas is hereby designated the polling place. The election officers and
' maximum number of clerks for said polling place shall be determined and appointed in accordance with the
provisions of the Contract.
1
On election day, the polls shall be open from 7:00 A.M. to 7:00 P.M.
The Collin County Elections Office, 2010 Redbud Boulevard, Suite 102, McKinney, Texas 75069, is
hereby designated the main early voting place. Early voting by personal appearance shall also be conducted
at the Allen Municipal Court Facility, 301 Century Parkway, Allen, Texas. The early voting clerk and deputy
clerks at the such early voting locations shall be appointed and designated in accordance with the provisions
of the Contract.
Early voting for this election shall begin on Monday, April 30, 2007 and end Tuesday, May 8, 2007,
and the dates and hours designated for early voting by personal appearance at the early voting locations shall
be as set forth below:
Dates
Hours
Monday, April 30, 2007
through
8:00 A.M. to 5:00 P.M.
Wednesday, May 2, 2007
Thursday,May 3, 2007
8:00 A.M. to 7:00 P.M.
Friday, May 4, 2007
and
8:00 A.M. to 5:00 P.M.
Saturday, May 5, 2007
Monday, May 7, 2007
and
7:00 A.M. to 7:00 P.M.
Tuesday, May 8, 2007
Ordinance No. 2589-2-07, Page 3
For purposes of processing ballots cast in early voting, the election officers for the early voting ballot
board for this election shall be appointed and designated in accordance with the provisions of the Contract.
1 SECTION 9. All ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
U
SECTION 10. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held
invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision
shall not affect any of the remaining provisions of this ordinance.
SECTION 11. This Ordinance shall take effect immediately from and atter its passage in accordance with the
Provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 13TH DAY OF FEBRUARY, 2007.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITYVATTORNEY Shelley B. Geo CF1R SECRE— Tl 2IYY
(PGS:tc 13614)
Ordinance No. 2589-2-07, Page 4
EXHIBIT "A"
In the event a vacancy occurs in the office of Mayor or Councilmember, a special election shall be held
called for such p=ow within 120 days after such -vacancy -occurs.. en the aestt e,�,l--f-- daw
...L..-ized L. the T........ Eleet:.. Code that is at
least 4 5 days after thevacancy occurs and that is PmpWalnn I
Sec. 2.05. Presiding officer.
The mayor shall preside at meetings of the council, and shall be recognized as the head of city
government for all ceremonial purposes and by the governor of the State of Texas for purpose of military law,
but shall have no regular administrative duties. The mayor may participate in the discussion of all matters
coming before the council. The mayor shall be required to vote as a member thereof on legislative and other
matters. The council shall elect from among the councihnembers a mayor pro tempore who shall act as mayor
during the absence or disability of the mayor. A vacancy in the office of mayor must be filled by Proposition I
majority vote of the qualified voters at a special election called for such uuroose within 120
days after such vacancy occurs. I f a ----__..:_ the _sr.__ _f __.._- ___uts the __..__:I shall _I__. _ __. _-
Item its e� membefs whe shall sene until the next regular e0uneil eleetion. If A eaufle" eleetien Beet -B
remaining onion of the unexpired tem. luel eRUMHHHMIRF'S f�meF plaee shall be deeasM
' Sec. 2.06. Powers.
Except as otherwise provided by this charter, all powers of the city and the determination of all matters of
policy shall be vested in the council. Without limitation of the foregoing powers of the council, the council
shall also have the power to:
(1) Appoint and remove the city manager.
(2) Establish, consolidate, or abolish other administrative departments and distribute the work of
divisions.
(3) Adopt the budget of the city.
(4) Authorize the issuance of bonds by a bond ordinance.
(5) Inquire into the conduct of any office, department, or agency of the city and make investigations as
to municipal affairs.
(6) Appoint the members of the planning and zoning commissic,n. the zoning hoard of
adjustment and such other boards. commissions and directors to corporations as May-beProposition 5
(7) Establish such advisory boards as deemed appropriate from time to time to assist the city eounejl
and the city manager in performingt 'ci 1 limr,N c and activities. Appoint the
membets of the zoning beard of adjustment:
Proposition 5
(8) Adopt and modify the official map of the city.
(9) Regulate and restrict the area, height, and number of stories of buildings and other structures, the
size of yards and courts, the density of populations, and the location and use of buildings for trade,
industry, business, residence, or other purpose, and adopt such other zoning regulations as may be
' authorized by law.
(10) Adopt, modify and carry out plans proposed by the planning and zoning commission for the
replanning, improvement, and redevelopment of neighborhoods and for the replanning,
reconstruction, or redevelopment of any area or district which may have been destroyed in whole or
in part by disaster.
Ordinance No. 2589-2-07, Page 5
ARTICLE Q. THE COUNCIL
'
Sec.
2.04.
Vacancies
in the council.
In the event a vacancy occurs in the office of Mayor or Councilmember, a special election shall be held
called for such p=ow within 120 days after such -vacancy -occurs.. en the aestt e,�,l--f-- daw
...L..-ized L. the T........ Eleet:.. Code that is at
least 4 5 days after thevacancy occurs and that is PmpWalnn I
Sec. 2.05. Presiding officer.
The mayor shall preside at meetings of the council, and shall be recognized as the head of city
government for all ceremonial purposes and by the governor of the State of Texas for purpose of military law,
but shall have no regular administrative duties. The mayor may participate in the discussion of all matters
coming before the council. The mayor shall be required to vote as a member thereof on legislative and other
matters. The council shall elect from among the councihnembers a mayor pro tempore who shall act as mayor
during the absence or disability of the mayor. A vacancy in the office of mayor must be filled by Proposition I
majority vote of the qualified voters at a special election called for such uuroose within 120
days after such vacancy occurs. I f a ----__..:_ the _sr.__ _f __.._- ___uts the __..__:I shall _I__. _ __. _-
Item its e� membefs whe shall sene until the next regular e0uneil eleetion. If A eaufle" eleetien Beet -B
remaining onion of the unexpired tem. luel eRUMHHHMIRF'S f�meF plaee shall be deeasM
' Sec. 2.06. Powers.
Except as otherwise provided by this charter, all powers of the city and the determination of all matters of
policy shall be vested in the council. Without limitation of the foregoing powers of the council, the council
shall also have the power to:
(1) Appoint and remove the city manager.
(2) Establish, consolidate, or abolish other administrative departments and distribute the work of
divisions.
(3) Adopt the budget of the city.
(4) Authorize the issuance of bonds by a bond ordinance.
(5) Inquire into the conduct of any office, department, or agency of the city and make investigations as
to municipal affairs.
(6) Appoint the members of the planning and zoning commissic,n. the zoning hoard of
adjustment and such other boards. commissions and directors to corporations as May-beProposition 5
(7) Establish such advisory boards as deemed appropriate from time to time to assist the city eounejl
and the city manager in performingt 'ci 1 limr,N c and activities. Appoint the
membets of the zoning beard of adjustment:
Proposition 5
(8) Adopt and modify the official map of the city.
(9) Regulate and restrict the area, height, and number of stories of buildings and other structures, the
size of yards and courts, the density of populations, and the location and use of buildings for trade,
industry, business, residence, or other purpose, and adopt such other zoning regulations as may be
' authorized by law.
(10) Adopt, modify and carry out plans proposed by the planning and zoning commission for the
replanning, improvement, and redevelopment of neighborhoods and for the replanning,
reconstruction, or redevelopment of any area or district which may have been destroyed in whole or
in part by disaster.
Ordinance No. 2589-2-07, Page 5
(11) Provide an independent audit.
(12) Appoint the -eityseeretary the city attorney, municipal judge and alternate municipal Proposdion 2
' judge.
(13) Enact ordinances.
ARTICLE III. THE CITY MANAGER
Sec. 3.02. Powers and duties.
The city manager shall be the chief executive officer and the head of the administrative branch of the city
government. The city manager shall be responsible to the city council for proper administration of all affairs
of the city under the jurisdiction of the city manager and to that end, the city manager shall have the power
and shall be required to:
(1) Appoint, and when necessary for the welfare of the city, remove any officer or employee of the city
except as otherwise provided by this charter and, except as the city manager may authorize the head
of a department to appoint and remove subordinates in such departments.
(2) Prepare and submit to the council an annual budget and be responsible for its administration after
adoption.
(3) Prepare and submit to the council at the end of the fiscal year a complete report on the finances of
the city for the preceding year.
(4) Keep the council advised of the financial condition and future needs of the city and make such
recommendation as may seem desirable.
(5) Perform such other duties m may be prescribed by this charter or required by the council, not
inconsistent with this charter.
(6) Attend all regular meetings of the council with the right to take part in the discussions but having
' no vote.
(7) Appoint and remove the city secretry smbiect to confirmation by the city council
Proposition 2
The city council may, by ordinance, establish such advisory boards as it deems appropriate
to assist the council and the city manager in carrying out municipal functions and activities.
Sec. 3.04. Absence of city manager.
The city manager may, by letter filed with the city elerk scc , designate a qualified city Proposmon 4
employee to exercise the powers and perform the duties of city manager during the city manager's
temporary absence. To perform the duties of the city manager during an absence or disability exceeding thirty
(30) days, the council may by resolution appoint an officer of the city to perform the duties of the city
manager until the city manager shall return or such disability shall cease. In case of absence, disability, or
illness exceeding thirty (30) days, where the duties of the city manager could not be performed properly, the
city manager's salary may be continued at the discretion of the council.
Sec. 3.05. Administrative departments.
The city council, after hearing recommendations by the city manager, shall, by ordinance, provide for
necessary organizational arrangements to properly carry out its public safety, public works, recreation, library,
finance, and other service and administrative functions.
The eity eeaneil may, by erdin____ establish _ueh _a.:..__. b___a_ as it deem Proposaion5
appFelif
' eeEivities.
Sec.3.08. The ek�xseemta city attorney, municipal judge, and alternate municipal judge.
Proposition 2
Ordinance No. 2589-2-07, Page 6
The positions of eity—seere", city attorney, municipal judge and alternate municipal judge shall be
considered staff level positions and shall be appointed by the city council. These positions shall not be
' considered to be in the administrative service of the city, and the appointees thereto shall serve at the
discretion of the city council and not the city manager.
Proposition 3
city secretary shall also perform such other duties hall be rcouired by this charteL theilv n m it nr by
the cily manager
ARTICLE VII. NOMINATIONS AND ELECTIONS
Sec. 7.01. Election.
The regular city election shall be held on the uniform election date first -Saturday -in May each
year, at which time officers will be elected to fill those offices which become vacant that year. proposition s
The council shall fix the hour and place for holding such elections. The council may, by
resolution, order a special election, fix the time and place for holding same, and provide all means for holding
such special election.
(Amendment of 5-6-1995)
Sec. 7.03. Nominations.
Any person having the qualifications required by this charter may become a candidate for election to the
' office of mayor or councilmember by filing an application far a mace on the ballot with the city secretaryand
payment of a filing fee set by the City Council by ordinate , ormi alternative to the navmen
of a filing fee a petition signed by the minimum number of qualified voters prescribed by state proposaion 7
law. whe shall be designated as sponsors and by paying a filing fee set by the eity oetineil by ordiamee. No
voter shall sign more than one petition, and should any voter do so, such signature shall be void except as to
the petition first filed. With each signature shall be stated the place of residence of the signer, giving the
street, number, or other description sufficient to identify it. The petition shall also indicate the position,
numbers one (1) through six (6) or the position of mayor that the person is being nominated for, and a
nominee may seek only one (1) position, any council position or mayor.
Persons who desire to be candidates must file in the above manner with the city secretary not earlier than
ninety -icon 1921 ) days nor later than ixty (621 &,o. y &,e (45) days before proposaion 7
the election or such other time period as may be prescribed by state la .
Acknowledgment of nomination by petition of each nominee will be in writing and will be accepted by
the city secretary. Persons who seek to place their own time in nomination or have been placed in nomination
by petition shall take the following oath:
"I do hereby declare that I accept the nomination for position number on the council and agree
to serve as councihnember (mayor) if elected. I am years of age, a qualified voter of the City of
Allen, a resident of the City of Allen for at least one (1) year. At the present time, I reside at
in the City of Allen."
Signature:
' Date: Time:
Received by:
City Secretary
The petition placing a person in nomination shall meet the requirements of the Texas Election Code.
Ordinance No. 2589-2-07, Page 7
Sec. 7.04. Number, selection, and term of council.
' The council shall be composed of a Mayor and six (6) councilmembers, who shall be elected for three (3)
year terms, except as provided for in this Charter to establish staggered terms of office, and shall serve until
their successors are elected and qualified:
(1) Commencing with the regular municipal election of 2002 councilmembers designated Place 4 and
Place 6 shall be elected for a term of two (2) years, and the councihnember designated Place 2 and
the Mayor shall be elected for terms of three (3) years. Thereafter councilmembers for Place 4 and
Place 6 shall be elected for terms of three (3) years. Commencing with the regular municipal
election of 2003 councilmembers designated Place 1, Place 3, and Place 5 shall be elected for a
term of three (3) years.
(2) The candidate for Mayor who receives the majority of valid votes by qualified voters at the election
shall be declared elected. The candidates for election to the places for councilmembers who receive
the majority of votes cast for each place, by the qualified voters at the election, shall be declared
elected. Councilmembers will run for office and will be elected to office by place on the City
Council.
(3) In the event no candidate receives a majority of all the votes cast for all the candidates for an office,
the council shall order a runoff election to be held not earlier than twenty (20) days nor later than
forty-five 1451 Nrirq-(30) days after the final canvass of the regular election, n7 such pmposirion e
other time ceriod as may be prescribed by state law.
(4) All elections shall be held in accordance with the election laws of the State of Texas and the
provisions of this charter.
(5) Should the Mayor, a member of the City Council or any appointed member of a council-appointed
' commission, committee or study group become a candidate for any elective public office other than
the office presently held, such candidacy shall constitute an automatic resignation of such office.
ARTICLE DL INITIATIVE, REFERENDUM,
AND RECALL
Sec. 9.01. Scope of recall.
The mayor and members of the city council, Aethef eleeted is office I _ �-'.. tro-Iter,iOr Proposition 1
shall be subject to recall and removal Crom office
by the qualified voters of the City of Allen on grounds of incompetency, misconduct, or malfeasance in
office.
Sec. 9.02. Petitions for recall.
Before the question of recall of such officer shall be submitted to the qualified voters of the City of Allen,
a petition demanding such question to be so submitted shall fust be filed with the city secretary, which said
petition shall be signed by thirty (30) percent of the total number of qualified voters of the city that voted in
the last regular municipal election of the city, but in no event less than one hundred fifty (150) such
petitioners. Signers of such recall petitions shall personally sign their names thereto in ink or
indelible oenciL. _ Proposiaon e
Sec. 9.03. Form of recall petition.
The recall petition mentioned above must be addressed to the council of the City of Allen, must distinctly
and specifically point to the grounds upon which such petition for removal is predicated, and, if there be more
than one ground, such as for incompetency, misconduct, or malfeasance in office, shall specifically state each
Ordinance No. 2589-2-07, Page 8
ground with such certainty as to give the officer sought to be removed notice of the matters and things with
which the officer is charged. The petition shall contain in addition to the signature the signer's
' printed owe- the ign r' di a of hirfl or voter's registration number. the signer's residenceFroposaiona
address and the date of signing. The signature shall be verified by oath in the following form:
"State of Texas
County of Collin
1, being fust duly sworn, on oath depose and say that I am one of the signers of
the above petition, and that the statements made therein are true, and that each signature appearing
thereto was made in my presence on the day and date it purports to have been made, and I solemnly
swear that the same is the genuine signature of the person it purports to be.
Swom and subscribed before me this day of , 22119
Notary Public in and for Collin County, Texas"
Sec. 9.07. Election to be called.
If the officer whose removal is sought does not resign, it shall become the duty of the council voiles
nuncil. or from the date of the Public hearing if one. was.hcId-to order an election to he held on
e next uniform glyplion date or other date as allowed by law. Froposeion 9
.. than twenty five 2HOF .. 1h
.. IY..in the datequeshallwas ted to the e eF F\&em the date of the public
' Seating i� e o held;. r r
Qualified voters of the City of Allen may require that any ordinance or resolution, with the exception of
ordinances or resolutions appropriating money or levying taxes, passed by the council be submitted to the
voters of the city for approval or disapproval, by submitting a petition for this purpose within thirty (30) days
after final passage of said ordinance or resolution, or within thirty (30) days after its publication. The Pmition
shall be signed in the same m nner as recall petitions are signed_ as Provided in this article. an
hall be verified by oath in the manner and form Provided for recall cetitions in this article Said Proposaion 10
petition shall be addeessed, signed; and verified asand shall be submitted to the city
secretary. Immediately upon the filing of such petition, the city secretary shall present said petition to the
council. Thereupon the council shall immediately reconsider such ordinance or resolution and, if the council
does not entirely repeal the same, shall submit it to popular vote as provided in this charter. Pending the
holding of such election, each ordinance or resolution shall be suspended from taking effect and shall not later
take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof.
Ordinance No. 2589-2-07, Page 9
F
1
ARTICLE R. MISCELLANEOUS PROVISIONS
Sec. 10.05. Personal interest; conflict of interest.
(A) No officer or employee of the city shall have a financial interest, direct or indirect, in any contract
with the city, nor shall be financially interested, directly or indirectly, in the sale to the city of any land, or
rights or interest in any land, materials, supplies or service except on behalf of the city as an officer or
employee. This provision does not prohibit an officer or employee of thecity from omchacing
rite procerty ata anetion conducted by a third party. Any knowing violation of this section
Proposition 11
shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall be
subject to removal from such office or position. Any violation of this section shall render the contract
voidable at the discretion of the city council.
(B) No member of the city council, the mayor, or any other officer, whether elected, appointed, paid or
unpaid, who exercises responsibilities beyond those that are advisory in nature, shall participate in a vote or
decision on a matter involving a business entity in which such officer has a substantial interest if it is
reasonably foreseeable that an action on the matter would confer an economic benefit on the business entity.
If the officer or a person related to the officer within the second degree of affinity or consanguinity has a
substantial interest in the business entity that would be pecuniarily affected by an official action of the city
council, the officer, if a member of the city council, shall file an affidavit with the city secretary stating the
nature and extent of the interest and abstain from further participation in the matter. The terns used in this
section shall be as defined in Chapter 171, Texas Local Government Code, as amended.
Ordinance No. 2589-2-07, Page 10