Loading...
HomeMy WebLinkAboutOrd 572-2012 Amending Ord 244-2006 related to DeMinimis Gifts.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 572-2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AMENDING PART B, SECTION 3 OF ORDINANCE NO. 244-2006 AS AMENDED, RELATED TO DE MINIMIS GIFTS; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Anna, Texas ("City Council") recognizes that situations may arise when City Officials may be presented with gifts of de minimis value; and WHEREAS, the City Council wishes to promote good will in the business community while maintaining citizens' confidence in the integrity, independence and impartiality of those who act on their behalf in government; and WHEREAS, the City Council has investigated and determined that it would be appropriate to amend the Anna Code of Ethics to specify additional limits as relates to certain types of de minimis gifts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Amending Part B, Section 3 of the Anna Code of Ethics to further define "de minimis Gift" Part B, Section 3, subsection (c) of the Anna Code of Ethics, codified as Ordinance No. 244-2006, as amended, is hereby further amended as follows: (c) For purposes of this Code, "Gifts of de minimis value" means gifts that: (1) are not cash, checks, negotiable instruments, stocks, bonds, gift certificates or money equivalents; and (2) are less than $100 in value, {or, ifthe value of the gift is unknown, reasonably appear to be less than $100 in value) if the gift is from a person that the City Official knows is not: (i) subject to regulation, inspection. or investigation by the City Official. the CitY. or a Board; (ii) in the custody of the CitY Official. the City. a Board. or the municipal court; (iii) a party to pending or contemplated litigation against the City Official. the City. or a Board: (iv) interested in or likely to become interested in any contract. purchase. payment. claim. or transaction involving the exercise of the City Official's discretion; or (v) interested in or likely to become interested in any matter before the City's ORO 572·2012 Amending DeMinimis Gifts Page 1 of2 02-14-12 municipal court or other City-affiliated quasi-judicial Board or committee or other City-affiliated tribunal: or (3) are less than $50 in value (or, if the value of the qift is unknown. reasonably appear to be less than $50 in value) if the gift is from a person that the City Official knows is: (j) subject to regulation, inspection, or investigation by the City Official. the City, or a Board; (ii) in the custody of the City Official. the City, a Board, or the municipal court; (iii) a party to pending or contemplated litigation against the City Official. the City. or a Board; (iv) interested in or likely to become interested in any contract. purchase, payment. claim, or transaction involving the exercise of the City Official's discretion; or (v) interested in or likely to become interested in any matter before the City's municipal court or other City-affiliated quasi-judicial Board or committee or other City-affiliated tribunal. Section 2. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 3. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 14th day of February, 2012. ATIESTED: APPROVED: ORO 572-2012 Amending DeMinimis Gifts 02-14-12