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HomeMy WebLinkAboutORDINANCES-1978-015-O-78• 10/20/77 1/17/78 1/31/78 15-0-78 AN ORDINANCE Requiring Disclosure Of Ownership Interests By Entities Seeking To Do Business With The City Of Evanston BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the Code of the City of Evanston, 1957 as amended, is.hereby further amended by adding thereto Sections 2-248 to 2-254, which shall read as follows: "2-248. Disclosure Statement Required. Whenever any corporation, partnership, association, busi- ness trust, estate, two or more persons having a joint or common interest, other commercial or legal entity, a trustee of a land trust, or a beneficiary or beneficiaries thereof makes applica- tion to the City of Evanston for the approval of the City Council in any of the following transactions of business: (a) Sales, purchases, leases of real property; (b) Vacations of public ways; (c) Zoning district amendments; (d) Variations, special uses, or planned developments; (e) Subdivisions, resubdivisions, or consolidations of parcels of land; (f) All construction and rehabilitation grants and/or loans; • .(g) Contracts and subcontracts thereof for the purchase of goods or services in excess of the limitations established by Section 2-241 of this Code; and (h) "Leases of any equipment by the City in excess of the maximum established by Section 2-242 of this Code. 15-0-78 is "The following disclosures of information shall be certified and attached and submitted to the City Council: l(a) In the case of a corporation, the names and addresses of all officers and directors; and (b) In the case of a corporation having thirty- three (33) shareholders or more, the names and addresses of all shareholders owning shares equal to or in excess of three percent (3%) of the proportionate ownership interest and the percentage of interest of each such shareholder therein; or (c) In the case of a corporation having shareholders fewer than thirty-three (33), a list of the names and addresses of all such shareholders and the percentage of interest of each therein; (d) Any corporation required by law to file a state- ment providing substantially the information required by subsections l(a) and l(b) with any It other governmental agency may submit a duplicate of such statement in lieu of (a), (b), or (c) 0 above. "2. In the case of partnerships, associations, two or more persons having a joint or common interest, the name and address of each partner, associate, or person and the percentage of in- terest of each therein. "3. In the case of land trusts, business trusts, estates, or other similar commercial or legal entities, the identity of each beneficiary of such trust, estate, or commercial or legal entity including the name and address and percentage of interest of each person therein. "4. Whenever any interest required to be disclosed in para- graph 1, 2, or 3 is held by any agent or agents or a nominee or nominees, the principals for whom such agent or nominee holds such interest shall also be disclosed. The application of a spouse or any other party, if constructively controlled by another -2- 15-0-78 • person or legal entity as set forth above, shall state the name and address of such person or entity possessing such constructive control and the relationship under which such control is being or may be exercised. Whenever a stock or beneficial interest is held by a corporation or other legal entity such shareholder or beneficiary shall also make disclosure as required by paragraphs 1, 2, and 3 above. "5. A statement under oath that the applicant has withheld no disclosures as to interest in the undertaking as required above nor reserved any information, data, or plan as to the in- tended use or purpose for which it seeks City Council action. "2-249. Time of Filing. • All disclosures of information required by this ordinance shall be submitted at the time of request therefor by the City Council or the City Manager. In each instance, the material re quired shall be submitted prior to City Council action on the matter. It shall be the responsibility of the applicant to keep the disclosure information current until such time as the City Council shall take action upon such application. "2-250. Additional Information - Rules and'Regulations. Notwithstanding the aforementioned provisions the City Manager may require, and the applicant shall submit, such addi- tional information from an applicant which is reasonably in- tended to achieve disclosure of relevant interests of the entity seeking the approval of the City Council. The City Manager shall establish written administrative regulations as may be necessary to implement the enforcement of this ordinance. -3- 15-0-78 • "2-251. Assignment or Transfer - Presumption. The assignment or transfer or agreement to assign or trans- fer of any right interest or permit obtained by City Council approval within one (1) year of the Council action granting such right, interest or permit shall be presumed to be a transfer to a person or entity in constructive control of the applicant at the time of application. In the event such entity was not dis- closed in a timely manner the provisions of Section 2-252 shall be applicable. "2-252. Failure to Comply. Upon finding that an applicant has failed to comply with the provisions of this ordinance, the City Council may declare • the Council action on behalf of such applicant void and may direct the initiation of legal action for violation which shall • be punishable by fine not to exceed FIVE HUNDRED DOLLARS ($500.00) per day. Each day upon which required information was withheld shall constitute a separate day of violation. "2-253. Public Access. A copy of each disclosure statement filed in the course of a transaction shall be made available for public inspection upon application to the office of the City Clerk during the regular business hours of said office. "2-254. Effect of Partial Invalidity. If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance." -4- • 0 • 15-0-78 SECTION 2: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 3: Ordinance 63-0-75 is hereby specifically repealed and all ordinances or parts of ordinances in conflict here- with are hereby repealed. Introduced Z .3, 1978 r Adopted 0*r 3O 1978 ATTEST: City Clerk Approved as to for C rporattbn Counsel iJ Approved 1978 Ma -5-