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 Laredo
 Code of Ordinances
 Chapter 34. FINANCIAL INTERESTS OF CITY EMPLOYEES

  § 34-6. Relationship of this chapter 34 to Texas Local Government Code chapter 171.  

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  • (a)

    If the mayor or any city councilmember has a prohibited financial interest as defined herein, in a contract or transaction then the provisions of the Texas Local Government Code chapter 171 are pre-empted by the stricter provisions of sections 12.01 and 2.05 of the City Charter and this chapter, so that the application of the affidavit and abstention provided for in chapter 171 is inapplicable, since the contract or transaction cannot be awarded by the city council unless the mayor or city councilmember resigns, and therefore the issue of abstention is moot.

    (b)

    If the mayor or any city councilmember does not have a prohibited financial interest as defined herein, but does have a prohibited substantial interest as defined in Texas Local Government Code chapter 171, then the provisions of chapter 171 are applicable, and the mayor or city councilmember must comply with the requirements for abstention and for an affidavit of substantial interest under Texas Local Government Code section 171.004.

    (c)

    If the mayor or a city councilmember does not have a prohibited financial interest in a business entity or real property as defined in section 12.01 [of the City Charter], but rather the business entity or real property is impacted in some other way by the pending council action, then section 12.01 of the City Charter is not involved, and the mayor or city councilmember must comply with the requirement of an affidavit of substantial interest under Texas Local Government Code section 171.004.

    Example: City council is voting on a zoning matter, the decision of which will or may materially affect property in which the mayor or city council member has a substantial interest; then he or she must complete the affidavit, and abstain from participating. Appropriate deference shall be given to the judgment of the affected mayor or city council member, in order to ensure that all council members are free to vote on all matters which come before them, unless prohibited under section 12.01 of the City Charter or Texas Local Government Code chapter 171.

(Ord. No. 2003-O-168, § 106, 8-4-03)