Ordinance No. 13,808ORDINANCE NO. 13,808
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE VIII
"CODE OF ETHICS," DIVISION 2 "STANDARDS," SECTION 2-803
"STANDARDS OF CONDUCT" OF THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, TO ADD A STANDARD CONSISTENT
WITH THE CHARTER REGARDING QUALIFICATIONS FOR OFFICE;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 2 "Administration," Article VIII "Code of Ethics," Division
2 "Standards," Section 2-803 "Standards of Conduct" of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE VIII. CODE OF ETHICS
DIVISION 2. STANDARDS
Sec. 2-803. Standards of conduct.
No city official shall:
(1) engage in conduct that would violate V.T.C.A., Local Government Code
§ 171.003;
(2) engage in conduct that would violate V.T.C.A., Local Government Code
§212.017;
(3) represent any person other than himself or the city, before the city board on which
the city official sits or over which the city official has appointment or budgetary
powers;
(4) disclose or use in an unofficial capacity, confidential information acquired in the
course of official duties, or engage in conduct that would violate Texas Penal
Code §39.06;
(5) while acting in his official capacity, grant or influence the granting of any special
consideration, advantage or favor to any person beyond that which is:
a. the general practice to grant or make available to the public at large;
b. the general practice in assisting other governmental entities;
C. the general practice in aiding or promoting the economic development of
the city; or
d. authorized through a variance, special exception or other similar exception
provided for in this code or by law;
(6) engage in conduct that would violate V.T.C.A., Penal Code §36.07;
(7) engage in conduct that would violate V.T.C.A., Penal Code §36.08;
(8) make use of staff, vehicles, equipment, materials or property of the city except in
the course of his official duties or as duly authorized by the proper city official, or
engage in conduct that would violate V.T.C.A., Penal Code §39.02(a)(2);
(9) participate in the appointment, vote for appointment, or discussion of a person to
a city board if such person is related to the city official in the first degree by
consanguinity or affinity as determined under V.T.C.A., Government Code ch.
573;
(10) use his position, directly or indirectly, to affect the city employment status of a
person related to the city official in the first degree by consanguinity or affinity as
determined under V.T.C.A., Government Code ch. 573;
(11) receive a pecuniary gain in any sale or lease to the city of any real estate when the
interest in real property from which the pecuniary gain is received was obtained
under circumstances which would lead a reasonable person to expect that the city
intended to purchase, condemn or lease said real estate;
(12) misrepresent facts or the source of facts or recommendations brought before the
city council, any board or commission or to any other person while acting in his
official capacity;
(13) remain in office contrary to section 13 of the charter of the City of Baytown; or
(14) fail to respond to a request for information or documentation by the ethics
commission or the investigating attorney acting on behalf of the ethics
commission, when the requested information is relevant to the ongoing
investigation.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency: and in all other respects, this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or set of circumstances; and to this end, all provisions of this ordinance are declared to
be severable.
Section 4: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 12th day of July, 2018.
TEST:
M&614'. -
LETICIA BRYS61, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR.,E!Attorney
DONCARLOS,
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