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19 ORDINANCE 1986-92 0' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTIONS 2-72 AND 2-74(a) OF THE SAN MARCOS CODE OF ORDINANCES TO FURTHER DEFINE "SUBSTANTIAL INTEREST" AND PROVIDING FOR DISCLOSURE BY A CITY OFFICIAL WHO HAS A SUBSTANTIAL INTEREST IN A MATTER UNDER CONSIDERATION BY SUCH OFFICIAL; AND, DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That the follo'Aiing definition be added to "Substantial ínterest" in Section 2-72 of the San Marcos Code of Ordinances: (4) A monetary interest in another person or entity which could reasonably be expected to impair independence in judgment or performance of City duties but which is not a remote or incidental interest. (a) remote interest means an interest of a person or entity including a city official or employee, who would be affected in the same way as the general pub} ic. The interest of a council member in the property tax rate, general city fees, city util ity charges, or a comprehensive zoning ordinance or similar matters is incidental to the extent that the council member would be affected in common with the general publ ic. (b) incidental interest means an interest in a person, entity or property which is not a substantial interest and which has insignificant monetary value, or which would be affected only in a minimal fashion by a decision. The Code of Ethics does not establ ish dollar 1 imits on the terms "insignificant monetary value" and "minimal," which shall have their usual meanings and be subject to interpretation on a case by case basis. SECTION 2. That Section 2-74(a) of the San Marcos Code of Ordinances is deleted and the following paragraph substituted therefor: (8) If any City officer or employee or member of the immediate family has a substantial interest, direct or indirect, in any individual or entity involved in any decision pending before such officer or employee, or the body in which the officer or employee is a member, the officer or employee shall not vote or otherwise participate in the consideration of the matter. SECTION 3. That this Ordinance shall be in effect ten (10) days from and after its passage, and it shall be publ ished in a newspaper of general circulation in the area as required by the Charter of the City of San Marcos, Texas. PASSED AND APPRO'.)ED on first reading July 14, 1986. PASSED AND APPROVED on second reading July 21, 1986. PASSED, APPROI.)ED AND ADOPTED JU~, 28",','""",19, 8' '6".,,' ~ , ( .t\P?\.~ / ., Eo. '1õù~~ger ~ ~ (¡.yer ~t"st: ... , ~.Þ7 ~-; ~'\A.-"- tin J a ¡ s K. I..~omack City Secretary ~ ~~ Lamar W. HanKins City At torney Published in the SAN MARCOS NEWS July 31, 1986.