§ 2-10.02. Definitions.

In furtherance of the purposes of the California Fair Political Practices Act, and the City's "Tin Cup" ordinance, it is the intent of the City Council that the identities of all individuals with a financial interest in every agreement of any kind that requires City Council approval and in land development applications before the City Council be known to the Council and to the public. The following definitions are intended to further this purpose:

(a)

Development: Any proposed use of real property, whether existing or to be constructed, which use may require City Council approval either directly, or on appeal from the Planning Commission.

(b)

Agreement:

(1)

Public works contracts and agreements for goods and services that require Council approval as required by Chapter 3 of Title 8 of the Modesto Municipal Code;

(2)

Any other agreements submitted by the City Manager to the City Council for approval and any other application, request for entitlement or approval whatsoever;

(3)

Grants of money or non-monetary city assistance to any organization, including but not limited to, non-profit corporations, or not for profit associations who seek such assistance from the City Council for any reason; and

(4)

Franchises granted by the City Council as provided for in Article 14 of the City Charter and/or any applicable provision of the Modesto Municipal Code.

(c)

Application: Any submission of information required to be made to the City by state law, ordinance, contract or resolution for the purpose of development approval or agreement approval.

(d)

Applicant: An applicant is any person who submits an application or on whose behalf an application is submitted.

(e)

City Council: The Modesto City Council and the Modesto Redevelopment Agency.

(f)

Person: Shall mean any individual, firm, company, partnership, limited liability partnership, limited liability corporation, joint venture, association, proprietorship, club or fraternal organization, joint stock company, domestic or foreign corporation, estate, trust, business trust, receiver, trustee, trustee in bankruptcy, administrator, executor, assignee, syndicate, or any other group or combination acting as a unit whether mutual, cooperative, fraternal, non-profit or otherwise.

(g)

Financial Interest: Financial interest means ownership or control over any property, real or personal, tangible or intangible available for use by an applicant including, but not limited to, real property, cash, securities, merchandise, raw materials, finished goods, operating supplies, ordinary maintenance material and parts, accounts receivable and notes and loans receivable, prepaid expenses, collateral used as security for a loan made to the person making an application, long-lived legal rights and competitive advantages developed or acquired by an applicant including, but not limited to, redevelopment agreements as well as other intangible assets and rights. A financial interest may also be an expectation of receipt of gross revenue (before adjustments or deductions for any costs of doing business whatsoever) from a person making an application.

(h)

Gross Revenue: The term gross revenue shall include transactions in which a person making an application agrees to pay or to reduce the obligation of another.

(Added by Ord. 3269-C.S., § 1, amended by Ord. 3276-C.S., § 1 effective 1-9-03)