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~ ('1"\ !;: " :\¡¡I :- ~~ 47 ) - c.::1 a:s ':.1 0 G uJ u) . ~ cn- '-~ L) co '..~ 'E ï:= þ ~~ '-'ë3 . ORDINANCE 1994 - 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE CITY'S CODE OF ETHICS REGARDING THE RESTRICTIONS ON THE SALE OF LAND, GOODS AND SERVICES TO THE CITY BY CITY OFFICERS AND EMPLOYEES; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Ethics Review Commission has recommended that an amendment be made to Section 2-75 of the City Code to define what constitutes a "sale to the city" in the context of restrictions on the sale of land, goods and services to the city by City officers and employees; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1: That section 2-75 of the City Code is amended to add a subsection (d) to read as follows: (d) within subsections (a) and (b) of this section, a "sale to the city" includes sales to city-sponsored entities and organizations subject to substantial control by the city in one or more of the following respects: (1) all or a majority of the governing body of the entity or organization is appointed by the city council; (2) the city provides more than one-half of the operating funds oflthe entity or organization; (3) the city has approval authority over purchasing decisions made by the entity or organization; (4) the city has approval authority over bonds or other indebtedness issued by the entity or organization; or (5) the city has approval authority over the budget of the organization. SECTION 2. That if any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted. SECTION 3. That all ordinances and resolutions or parts of ordinances or resolutions in conflict herewith are hereby repealed. SECTION 4. That this Ordinance shall be in effect ten (10) days from and after its passage, and it shall be published ln a newspaper of general circulation in the area as required by the Charter of the City of San Marcos, Texas. PASSED AND APPROVED on first reading December 13, 1993. PASSED AND APPROVED on second reading January 10, 1994. PASSED, APPROVED AND ADOPTED January 24, 1994. Kathy M. Morris' ~ V\A ~VJ