HomeMy WebLinkAboutOrdinance - 2004-O0058 - Amend Sect. 2-483 (B) Art. XVIII, Chpt 2; Conflict Of Interest For Director Util - 05/25/2004First Reading
May 25,. 2004
Ite111 No. 4
ORDINANCE NO. 2004-o0058
Second Reading
June 9, 2004
Ite111 No. 13
AN ORDINANCE AMENDING SECTION 2-483 (b) OF ARTICLE XVIII OF
CHAPTER 2 OF THE CODE OF ORDINANCES WITH REGARD TO THE i
DEFINITION OF SUBSTANTIAL INTEREST AS IT APPLIES TO THE CONFLICT OF j
INTEREST PROVISIONS FOR THE DIRECTOR OF ELECTRIC UTILITIES;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, Article XVIII of Chapter 2 of the Lubbock Code of Ordinances as passed by
the City Council of the City of Lubbock via Ordinance No. 2004-00021 provides for the
creation, qualifications, conduct and responsibilities of the Electric Utility Board of the City of I
Lubbock ("Electric Utility Board");
WHEREAS, Section 2-483 (b) prohibits the Director of Electric Utilities from having a
substantial interest in any public electric utility operating within the City of Lubbock;
WHEREAS, the statutory definition of "substantial interest" for purposes of determining
a conflict of interest, as defined in § 171.002 of the Texas Local Government Code, includes,
among other things, pensions, retirement income and retirement benefits; I
WHEREAS, the Electric Utility Board believes that the definition of substantial interest 1
as it applies to the Director of Electric Utilities is too restrictive;
WHEREAS, the Electric Utility Board recommends that Section 2-483 (b) of Article ·
XVIII of Chapter 2 of the Lubbock Code of Ordinances be amended to exclude from the
definition of."substantial interest" pensions, retirement income and retirement benefits as it
applies to the Director of Electric Utilities;
WHEREAS, pursuant to Section 2-485 of Article XVIII of Chapter 2 this amendment has
been published in a newspaper of general circulation meeting the definition contained therein at
least once a week for three consecutive weeks and was published at least thirty days prior to the
date of the public hearing as required therein;
WHEREAS, the City Council of the City of Lubbock has conducted a public hearing in
accordance with the requirements and provisions of Section 2-485 of Article XVIII of Chapter 2
ofthe Code of Ordinances; and
WHEREAS, the City Council of the City of Lubbock deems that the recommendations of
the Electric Utility Board are well founded and that it would be in the best interest of the City of ,
Lubbock and its municipally owned electric utility, Lubbock Power & Light, to accept the
·recommendation of the Electric Utility Board and amend the Code of Ordinances of the City of
Lubbock in such manrier; NOW THEREFORE:
I' i
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
SECTION 1 : THAT Section 2-483 (b) of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
b). The Director of Electric Utilities shall not have a substantial interest in any
public electric utility operating within the City of Lubbock and shall fully
disclose in writing any interest, including any potential or actual conflict
of interest, to the Board. For purposes of Section 2-483 only, "substantial
interest" shall not include any pension, retirement income or retirement
benefits received by the Director of Electric Utilities.
SECTION 2: THAT any and all provisions not specifically amended herein remain in
full force and effect.
SECTION 3: THAT the City Council finds and declares that sufficient written notice of
the date, hour, place and subject of this meeting of the Council was posted at a designated place
convenient to the public at the City Hall for the time required by law preceding this meeting, that
such place of posting was readily accessible at all times to the general public, and that all of the
foregoing was done as required by law at all times during which this Ordinance and the subject
matter thereof has been discussed, considered and formally acted upon.
I.
The City Council further ratifies, approves and confirms such written notice and the ·
contents of posting thereof.
SECTION 4: THAT should any paragraph, sentence, clause, phrase, or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 5: THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of publication
provided by law.
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AND IT IS SO ORDERED
Passed by the City Council on the first reading on this 2-5th day of ___ Ma...::.=y ___ ,, 2004.
Passed by the City Council on the second reading on this __ _ F------,--'' 2004.
ATTEST:
~-e~ •. ·~-R~ca Garza, City Secreta:fYtS
APPROVED AS TO CONTENT:
Carroll McDonald, Director of Electric Utilities
I APPROVED AS TO FORM:
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as/Matt/ccdocs/Eiec Util Board Amend 5-25-04
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