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