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HomeMy Public PortalAboutOrdinance No. 840-98 07-28-1998 ORDINANCE NO. 8 4 0- 9 8 • AN ORDINANCE AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, TO ADD A NEW SECTION 11 "ETHICS" TO SAID CHAPTER; PROVIDING ETHICAL REQUIREMENTS FOR ELECTED AND APPOINTED OFFICERS AND EMPLOYEES OF THE CITY, TOGETHER WITH MEMBERS OF ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Richland Hills, Texas, contains ethical requirements for elected and appointed officers and employees of the City; and WHEREAS, the City Council of the City of Richland Hills, Texas, after study, finds and determines that these ethical requirements should be expanded, embodied in ordinance form and also extended to cover volunteer members of City boards, commissions and committees; and WHEREAS, the following ordinance provisions will accomplish this important public purpose, and will further the health, safety and welfare of the citizens of Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: • I. That Chapter 1 "GENERAL PROVISIONS" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new Section 11 "ETHICS", which new section shall hereafter be and read as follows: SECTION 11 "ETHICS" (A) No officer, or the direct relation of an officer, shall benefit unduly by reason of holding the officer's city office or position. (B) No officer, or a direct relation of an officer, having direct or indirect interest in any proposed or existing contract, purchase, work, sale or service to or by the City shall vote or render a decision, or use the officer's position, authority or influence in a manner that would result in the officer's financial betterment to any degree. Further, any elected officer shall publicly disclose any such interest upon assumption of office or prior to consideration of any such matters. This provision is cumulative of all other applicable laws in force with regard to elected officers. (C) Failure to comply with any provisions of this section shall constitute malfeasance in office and any officer or employee failing to so comply shall immediately be suspended with pay (if' the position the officer or employee holds is a paid position), pending the outcome of an investigation of the charges. Within five (5) days of said suspension the officer or employee shall receive written notice detailing the specific charges ORDINANCE NO. PAGE 1 brought against the officer. A public hearing will be held within fifteen (15) days after the written notice to determine whether the charges are well founded and whether said officer or employee shall be reinstated or shall be terminated and the position declared vacant. (D) Any violation of this section with knowledge, express or implied, of persons or corporations contracting with the City shall render said contract voidable by the City Council. (E) Definitions. For the purposes of this section, the word "officer" shall be defined as any elected or appointed officer, employee of the City, or member of any advisory board, committee or commission of the City. The term "direct relation" shall include any person related to the officer or employee within the first degree by blood or marriage, and shall include a brother, brother-in-law, sister, or sister-in-law. II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. • III. Saving Clause. That Chapter 1 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 28th day of July 1998, by a vote of ayes, 0 nays, and ~ abstentions. °~~tie1~~~~ ° !~Q ,~,~°''>,APPROVED: ~s ;a ~ ~ f~, ~ - ~ C. F. Kelley, Mayor ATTEST: 3 ~ ~ ~`'~~~r :~''o: ~ n._ ~ ~ ~ r~ at~~ !D , 5 ~ ~ Ter i Willis, ~ity ecre ary nR11TNANf F. NCl 840-98 PAC;F 2 ~:w AP D'~~ TO F ND LEGALITY: mes A Cribbs, City Attorney rhlib436/071398 • ORDINANCE NO. 840-98 PAGE 3 CHARTER § 17.16 Sec. 17.12. Nepotism. Sec. 17.14. Political and religious discrimi- nation. No person related within the second degree by affinity or within the third degree by consanguin- No person in the service of the City or seeking ity to the Mayor, or member of the Council or the admission thereto shall be employed, promoted, City Manager shall be appointed to any paid demoted, discharged or in any way favored or office, position, clerkship or other service of the discriminated against because of political opin- City. This prohibition shall not apply, however, to ions or affiliations or because of race or religious any person who shall have been employed by the beliefs, provided that such opinions, affiliations or City at least one year prior to the time of the beliefs do not advocate the overthrow of the election of the Mayor or Councilmember, or the government of the United States of America by appointment of the City Manager. force or violence. Sec. 17.13. Ethics. Sec. 17.15. Political activity. (1) No elected or appointed officer or employee (1) No appointed or hired employee on the of the City shall benefit unduly by reason of payroll of the City shall make a contribution to his/her holding public office. the campaign fund of any person seeking election to a City office or to any political party supporting (2) No officer or employee having a direct or a candidate for election to a City office, nor shall indirect interest in any proposed or existing con- he/she be solicited for this purpose; nor shall tract, purchase, work, sale or service to or by the he/she take active part in any political campaign City shall vote or render a decision, or use his/her relating to an election to a City office. position, authority or influence in a manner that (2) No person seeking appointment to or pro- would result in his/her financial betterment to motion in the administrative service of the City any degree. Further, any elected officer shall shall either directly or indirectly give, render or publicly disclose any such interest upon assump- pay any money, service or other valuable thing to tion of office or prior to consideration of any such any person for or on account of or in connection matters. This provision is cumulative to all other with his/her appointment or promotion or any applicable laws in regard to elected officers. examination conducted therefor. (3) Failure to comply with any provisions of (3) Any person who either by himself/herself, the foregoing Section 17.13 (1) or 17.13 (2) shall or with others, willfully violates any provision of constitute malfeasance in office and any officer or the foregoing Sections 17.15 (1) or 17.15 (2) shall employee failing to so comply shall immediately be ineligible for appointment or election to a be suspended with pay, pending an outcome of an position in the City for a period of four (4) years, investigation of the charges. Within five (5) days and if he/she is an officer or employee of the City of said suspension the officer or employee shall at the time of such violation he/she shall immedi- receive written notice detailing the specific charges ately forfeit the office or position he/she holds. brought against him. A Public Hearing will be held within fif$een (15) days after the written Sec. 17.16. Building permits. notice to determine whether the charges are well founded and whether said officer or employee The City of Richland Hills shall have power to shall be reinstated or shall be terminated and the prohibit the erection or construction of any build- position declared vacant. ing or structure of any kind within the City of Richland Hills without a permit first having been (4) Any violation of the foregoing Sections 17.13 issued by the City for the construction or erection (1) or 17.13 (2) with the knowledge, express or of such building or structure, and may authorize a implied, or persons or corporations contracting fee to be charged for such permit, and in pursu- with the City shall render the contract voidable ante of said authority may authorize the inspec- by the Council. tion by the City of all buildings or structures CHT:23 § 17.16 RICHLAND HILLS CODE during the progress of their construction and may plural shall include the singular. Words used in require that all buildings shall be constructed in the masculine gender shall include the feminine conformity with the building code which exists in also, unless by reasonable construction, it ap- said City or shall hereafter be passed. pears that such was not the intention of this Charter. Sec. 17.17. Pools, ponds and lakes. The City of Richland Hills shall have power to Sec. 17.22. Rearrangement and renumber- control or prohibit the construction of pools, ponds, ing. or lakes, receiving water from a recognizable The Council shall have the power, by ordi- stream, creek, branch or natural drainage. The nance, to renumber and rearrange all articles, City may control location, construction, height of sections and paragraphs of the Charter or any structure, depth and size of body of water to be amendments thereto, as it shall deem appropri- impounded. No pool, pond or lake, receiving water ate, and upon passage of any such ordinance, a from recognizable stream, creek, branch or natu- copy thereof certified by the City Secretary shall ral drainage, shall be constructed without first be forwarded to Secretary of State for filing. obtaining a permit issued by the City. Sec. 17.18. Bonds of city officials, employ- ARTICLE XVIII. SAVINGS CLAUSE, ETC. ees or department directors. In addition to any bonding provision herein Sec. 18.01. Savings clause, etc. provided, the Council may require any City offs- All powers granted heretofore to cities are cial, department director or City employee, before hereby preserved. In case of any irreconcilable entering upon his duties, to execute a good and conflict between the provisions of this Charter sufficient bond with a surety company doing busi- and any superior law, the powers of the City and ness in the State of Texas and approved by the its officers shall be as defined in such superior Council, as surety thereon, said bond to be in such laws. Incase any insufficiency or omission maybe amounts as the Council may demand, payable to supplied by reference to the general laws, such the City of Richland Hills, and conditioned for the provisions of the general laws are hereby adopted, faithful performance of the duties of his/her office; and the City shall have and exercise all of the premium of such bond to be paid by the City. powers that it could have acquired by expressly adopting and incorporating into this Charter all Sec. 17.19. Bonds of contractors. of the provisions of such superior and general laws; it being the intent of this Charter that no The governing body of the City of Richland lawful power of the City shall fall because of any Hills shall require good and sufficient bonds of all omission, insufficiency or invalidity of any portion contractors, with a good corporate surety thereon, or portions of this Charter, the same shall not in acceptable to the governing body of the City of any way affect the remainder of the Charter, but Richland Hills. shall be construed as if adopted with such portion and/or portions so found invalid or impotent. Sec. 17.20. Amendment of Charter. This Charter may be amended no more than ARTICLE XIX. VOTE ON PROPOSED once every two (2) years as provided by the laws of the State of Texas. CIIARTER State law reference-Amendment of Charter, Texas Const. art. 11, § 5, V.T.C. A., Local Government Code § 9.001 et seq. SeC. 19.01. Vote on proposed changes. Sec. 17.21. Construction of the Charter. (1) This Charter shall be submitted to the qualified voters of the City for adoption or rejec- In wording of this Charter, the use of the tion on August 9, 1986, at which election if a singular number shall include the plural, and the majority of the qualified voters voting in such CHT:24