§ 2-193. Definitions.

As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a difference meaning is intended:

City official or officials, unless otherwise expressly defined, means the mayor, members of the city council, municipal court judges (including substitute judges), city administrator, assistant city administrator, city clerk, director of utilities and public works and assistant director of utilities and public works, whether such persons are salaried, hired or elected, and all other persons holding positions designated by the city charter, as it may be amended from time to time. City official, unless otherwise expressly defined, includes individuals appointed by the mayor and city council to all city commissions, committees, boards, task forces or other city bodies, unless specifically exempted from this article by the city council.

Entity means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law through which business may be conducted.

Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the city council or other city board or commission, as well as the discussions or deliberations of the council, board or commission, which can or may lead to a voter or formal action by that body.

Discretionary authority means the power to exercise any judgment in a decision or action.

Immediate family means spouse, mother, father, brother, sister, son or daughter of any city official.

Incidental interest means an interest in a person, entity or property which is not a substantial interest and which has insignificant value.

Remote interest means an interest of a person or entity, including a city official, who would be affected in the same way as the general public. The interest of a council member in the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or similar decision is incidental to the extent that the council member would be affected in common with the general public.

Substantial interest means an interest in another person or an entity if:

(1)

The interest is ownership of ten percent or more of the voting stock, shares or equity of the entity; or

(2)

Funds received by the person from the other person or entity either during the previous twelve months or the previous calendar year, equaled or exceeded $5,000.00 in salary, bonuses, commissions or professional fees or $5,000.00 in payment for goods, products or nonprofessional services, or 25 percent of the recipient's gross income during that period, whichever is less;

(3)

The person serves as a corporate officer or member of the board of directors or other governing board of the for-profit entity, other than a corporate entity owned or created by the city council; or

(4)

The person is a creditor, debtor, or guarantor of the other person or entity in an amount of $5,000.00 or more, provided, however, a commercially reasonable loan made to a city official in a lender's ordinary course of business at prevailing rates and terms, and which does not discriminate against or in favor of a city official (because of that official's status as a public servant) shall not be included as a part of this definition.

(5)

Substantial interest in real property means an interest in real property which is an equitable or legal ownership with a market value of $5,000.00 or more.

(Ord. No. 517, art. III, 2-13-03)