Ord 106-92 12/1/1992 ORDINANCE NO. /449--
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AMENDING ARTICLE II OF CHAPTER 13 OF
THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS
(SECTIONS 13-11 THROUGH 13-27) PROHIBITING
DISCRIMINATORY HOUSING PRACTICES AND PROVIDING AN
ADMINISTRATIVE PROCEDURE FOR THE HANDLING OF
COMPLAINTS CONCERNING SUCH PRACTICES; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS:
SECTION 1. Article II of Chapter 13 of the Code of
Ordinances of the City of Wichita Falls (Sections 13-11
through 13-27) is hereby amended so that such Article II shall
read as follows:
"Article II. Fair Housing
Section 13-11. Declaration of Policy.
(a) It is hereby declared to be the policy of the City
of Wichita Falls to bring about through fair, orderly, and
lawful procedure, the opportunity for each person to obtain
housing without regard to race, color, religion, sex, national
origin, age, or physical or mental handicap.
(b) It is further declared that this policy is
established under the recognition of the inalienable rights of
each individual to have access to adequate housing of his own
choice without regard to race, color, religion, sex, national
origin, age, or physical or mental handicap; and further that
the denial of such rights through considerations based on
race, color, religion, sex, national original, age, or
physical or mental handicap is detrimental to t he health,
safety, and welfare of the inhabitants of the City of Wichita
Falls and constitutes an unjust denial or deprivation of such
inalienable rights which is within the power and the proper
responsibility of government to prevent.
Page 2 of 10 Pages
Agenda Item No.
2
Section 13-12 . Definition of terms.
A. "Administrator" means the Administrator of the
Commission on Human Needs, or authorized assistant.
B. "Commission" means the City of Wichita Falls
Commission on Human Needs.
C. "Age" means the calendar age of an individual
eighteen (18) years of age or over.
D. "Discriminatory Housing Practice" means an act that
is unlawful under Sections 13-13 , 13-14, 13-15, and 13-16 of
this Article.
E. "Dwelling" means any building or structure or
portion thereof which is occupied as or designed and intended
for occupancy as a residence by one or more persons and any
vacant land which is offered for sale or lease for the
construction or location thereof of any such building,
structure or portion thereof.
F. "Family" includes a single individual.
G. "Person" means one or more individuals,
corporations, partnerships, associations, labor organizations,
legal representatives, mutual companies, joint stock
companies, trusts, unincorporated organizations, trustees,
trustees in bankruptcy, receivors and fiduciaries.
H. "Physical or Mental Handicap" means any physical or
mental impairment which substantially limits one or more major
life activities.
I. To "rent" includes to lease, to sublease, to let and
otherwise to grant for a consideration the right to occupy
premises not owned by the occupant.
J. "Senior Adult" means a person fifty-five (55) years
of age or older.
Section 13-13 . Discrimination in the sale or rental of
housing.
Except as exempted by Section 13-17, it shall be
unlawful:
(a) To refuse to sell or rent after the making of a bona
fide offer or to refuse to negotiate for the sale or rental
of, or otherwise make unavailable or deny, a dwelling to any
Page 3 of 10 Pages
Agenda Item No.
3
person because of age, race, color, religion, sex, national
origin or mental or physical handicap.
(b) To discriminate against any person in the terms,
conditions or privileges of sale or rental of a dwelling or in
the provision of services or facilities in connection
therewith because of age, race, color, religion, sex, national
origin or mental or physical handicap.
(c) To make, print, publish or cause to be made,
printed, or published any notice, statement, or advertisement
with respect to the sale or rental of a dwelling that
indicates any preference, limitation, or discrimination based
on age, race, color, religion, sex, national origin or mental
or physical handicap, or an intention to make any such
preference, limitation, or discrimination.
(d) To represent to any person because of age, race,
color, religion, sex, national origin or mental or physical
handicap that any dwelling is not available for inspection,
sale or rental when such dwelling is in fact so available.
(e) For profit, or with the hope or expectation of
P rofit to induce or attempt to
induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons
of a particular race, color, religion, sex, national origin,
age or physical or mental handicap.
Section 13-14. Discrimination in the financing of
housing.
It shall be unlawful for any bank, building and loan
association, insurance company or other corporation,
association, firm or enterprise whose business consists in
whole or in part in the making of commercial real estate
loans, to deny a loan, or other financial assistance to a
person applying therefore for the purpose of purchasing,
constructing, improving, repairing or maintaining a dwelling,
or to discriminate against him in the fixing of the amount,
interest rate, duration or other terms or conditions of such
loan or other financial assistance to a person applying
therefore for the purpose of purchasing, constructing,
improving, repairing or maintaining a dwelling, or to
discriminate against him in the fixing of the amount, interest
rate, duration or other financial assistance, because of the
race, color, religion, sex, national origin, age or physical
or mental handicap of such person associated with him in
connection with such loan or other financial assistance for
the purposes of such loan or other financial assistance, or of
Page 4 of 10 Pages
Agenda Item No.
4
the present or prospective owners, lessees, tenants or
occupants of the dwelling or dwellings in relation to which
such loan or other financial assistance is to be made or
given.
Section 13 . 15. Discrimination in the provision of
brokerage services.
It shall be unlawful for any person to deny another
person access to, membership in, or participation in any
multiple listing service, real estate brokers' organization or
other service, organization or facility relating to the
business of selling and renting dwellings or to discriminate
against another person in the terms or conditions of such
access, membership, or participation on account of age, race,
color, religion, sex, national original or physical or mental
handicap.
Section 13 . 16 Unlawful intimidation.
It shall be unlawful for any person, whether or not
acting under color of law, by force or threat of force to
willfully injure, intimidate or interfere with, or attempt to
injure, intimidate, or interfere with any person because of
his race, color, religion, sex, national origin, age, or
physical or mental handicap because he is or has been selling,
purchasing, renting, financing, occupying or contracting or
negotiating for the sale, purchase, rental, financing, or
occupation of any dwelling, or applying for or participating
in any service, organization or facility relating to the
business of selling or renting dwellings.
Section 13 . 17 Exemptions and exclusions.
(a) There shall be exempted from the application of
Section 13-13 :
(1) Any single-family house sold or rented by an
owner, provided that such private individual owner does not
own more than three (3) such single-family houses, wherever
located, at any one time; provided further that in the case of
the sale of any such single-family house by a private
individual owner not residing in such house at the time of
such sale or who was not the most recent resident of such
house prior to such sale, the exemption granted by this
subsection shall apply only with respect to one such sale
within any twenty-four month period; provided further that
such bona fide private individual owner does not own any
interest in nor is there owned or reserved on his behalf,
under any express or voluntary agreement, title to or any
Page 5 of 10 Pages
Agenda Item No.
5
right to all or a portion of the proceeds from the sale or
rental of more than three (3) such single-family houses at any
one time; provided further the sale or rental of any such
single-family house shall be excepted from the application of
this article only if such house is sold or rented:
a. Without the use in any manner of the sales
or rental facilities or services of any real estate broker,
agent or salesman or of such facilities or services of any
person in the business of selling or renting dwellings, or of
any employee or agent of any such broker, agent, salesman or
person; and,
b. Without the publication, posting or
mailing, after notices, of any advertisement or written notice
in violation of Section 13-13 (c) of this article; but nothing
in the proviso shall prohibit the use of attorneys, escrow
agents, abstractors, title companies and other such
professional assistance as necessary to perfect or transfer
the title.
(2) The rental of rooms or units in dwellings
containing living quarters occupied as intended to be occupied
by no more than four (4) families living independently of each
other if the owner actually maintains and occupies one of such
living quarters as his residence.
(b. ) Nothing in this article shall prohibit a religious
organization, association, or society or a non-profit
institution or organization operated, supervised or controlled
by or in conjunction with a religious organization,
association, or society from limiting the sale, rental, or
occupancy of dwellings which it owns or operates for other
than a commercial purpose to persons of the same religion or
from giving preference to such persons, unless membership in
such religion is restricted on account of race, color, sex,
national origin, age, or physical or mental handicap.
(c. ) Nothing in this article shall prohibit a private
club not in fact open to the public, which, as an incident to
its primary purpose or purposes, provides lodgings which it
owners or operates for other than a commercial purpose from
limiting the rental or occupancy of such lodgings to its
members.
(d. ) Nothing in this article shall prohibit the sale,
rental, lease or occupancy of any dwelling designed and
operated exclusively for senior adults and their spouses,
unless the sale, rental, lease or occupancy is further
Page 6 of 10 Pages
Agenda Item No.
6
restricted on account of race, color, religion, sex, national
origin, or physical or mental handicap.
(e. ) Nothing in this article shall bar any person from
owning and operating a housing accommodation in which rooms
are leased, subleased or rented only to persons of _he same
sex, when such housing accommodation contains common lavatory,
kitchen, or similar facilities available for the use of all
persons occupying such housing accommodation.
Section 13-18.
The Commission on Human Needs of the City of Wichita
Falls shall have the responsibility of administering and
implementing this article.
(a) Any person who claims to have been injured by a
discriminatory housing practice or who believes that he will
be irrevocably injured by a discriminatory housing practice
that is about to occur (hereafter referred to as "person
aggrieved") may file a complaint with the Commission. Any
complaints shall be in writing and shall identify the person
alleged to have committed or alleged to be about to commit the
discriminatory housing practice and shall set forth the
particulars thereof. The Commission is directed to prepare
and adopt from time to time standard complaint forms and to
furnish them upon request, without charge, to any person
aggrieved. The Commission may assist in the clerical
preparation of such complaints.
(b) If this article should be declared substantially
equivalent to the federal Fair Housing Law by the U. S.
Department of Housing and Urban Development, the Commission
shall receive and accept notification and referral of
complaints from the secretary of the department, pursuant to
the provisions of Title VIII - Fair Housing Act of 1968,
Public Law 90-284, and shall treat such complaints in the same
manner as complaints filed directly by the person aggrieved.
(c) If, in the course of any investigation as provided
in Section 13-20 hereof, on a complaint filed with or referred
to the Commission, the Commission shall receive credible
evidence and shall have probable cause to believe that the
person or persons named in such complaint has committed a
discriminatory housing practice not stated in such complaint,
the Commission may prepare and file a supplementary complaint
upon its own motion and in its own name. Such complaint shall
thereafter be treated in the same manner as a complaint filed
by the person aggrieved.
Page 7 of 10 Pages
Agenda Item No.
7
(d) If at any time the Administrator shall receive or
discover credible evidence and shall have probable cause to
believe that any person or persons have committed a
discriminatory housing practice as to which no complaint has
been filed nor is about to be filed, the Administrator may
prepare and file a complaint upon his own motion and in his
own name and such complaint shall thereafter be treated in the
same manner as a complaint filed by a person aggrieved.
(e) Upon the filing or referral of any complaint, the
Administrator shall furnish a copy of the same to the person
or persons named as respondent in the complaint.
(f) A complaint under subsections (a) , (c) , (d) and (e)
of this section shall be filed within one hundred eighty (180)
days after the alleged discriminatory housing practice
occurred. Complaints may be reasonably or fairly amended at
any time. A respondent may file an answer to the complaint
against him and, with the leave of the Administrator, which
shall be granted whenever it would be reasonable and fair to
do so, may amend his answer at any time. A copy of any
amendment to a complaint or an answer shall be furnished to
the opposing party. Both complaints and answers shall be
signed by the persons making them.
Section 13-20. Investigation.
(a) Upon the filing of a complaint valid on its face as
herein provided, the Administrator shall cause to be made a
prompt investigation of the matter stated in the complaint.
(b) In connection with such investigation, the
Administrator may question and take and record testimony and
statements of such persons who appeal, and may examine,
record, and copy documents which are produced.
(c) During or after the investigation, the Administrator
shall, if it appears that a discriminatory housing practice
act has occurred, or is about to occur, attempt by informal
endeavors to effect conciliation, including voluntary
discontinuance or rectification of the discriminatory housing
practice and voluntary compliance with the provisions of this
article.
(d) In the event conciliation is effected, the
Administrator shall disclose nothing said or done in the
course of such conciliation in such a way as to make public
identification of the person or persons named in the complaint
without the written consent of the person concerned.
Page 8 of 10 Pages
Agenda Item No.
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Section 13-21. Prosecution in Municipal Court.
Upon completion of the investigation and informal
endeavors at conciliation by the Administrator, but within
sixty (60) days of the filing of the complaint with the
Administrator, and if the Administrator has concluded that a
discriminatory housing practice has occurred, and the efforts
of the Administrator to secure voluntary compliance has been
unsuccessful, the Administrator shall prepare and file a
charge in Municipal Court and prosecute the same to final
conclusion as rapidly as practical.
It is the intent of this article to increase the remedies
which citizens may have to insure their rights under federal,
state, or local statutory or case law. Therefore, nothing in
this article shall be construed as an administrative
prerequisite to a citizen pursuing his rights under any other
federal, state or local statute, case, decision, or
administrative ruling.
Section 13-22 . Education and public information.
In order to further the objectives of this article, the
Commission may conduct educational and public information
programs designed to acquaint the general public with the
provisions and objectives of this article.
Section 13 . 23 . Cooperation with the Secretary of Housing
and Urban Development.
The Administrator is authorized and encourage to
cooperate with the Secretary of the U.S. Department of Housing
and Urban Development pursuant to the provisions of Title
VIII - Fair Housing Act of 1968, Public Law 90-284 , and may
render such service to the Secretary as they shall deem
appropriate to further the policies of this article; the City
Manager may accept reimbursement from the Secretary for
services rendered by personnel from the City of Wichita Falls
to assist the City in carrying out the provisions of the
above-cited federal law.
Section 13 . 24 . Severability.
Should any section, subsection, sentence, provision,
clause or phrase be held to be invalid for any reason, such
holing shall not render invalid any other section subsection,
sentence, provision, clause or phrase of this article.
Page 9 of 10 Pages
Agenda Item No.
• .
9
Section 1. 25. Repeal of conflicting ordinances.
All ordinances or parts of ordinances inconsistent or in
conflict therewith are hereby expressly repealed.
Section 13-26. Penalties.
Any person, firm or corporation violating any provision
of this article shall be guilty of a misdemeanor, and upon
conviction in Municipal Court thereof, shall be subject to a
fine of no more than Two Hundred ($200. 00) Dollars for each
violation hereof, and each day such violation shall be
permitted to exist shall constitute a separate offense. "
SECTION 2 . It is hereby officially found and determined
that the meeting at which this ordinance is passed is open to
the public as required by law and that public notice of the
time, place, and purpose of said meeting was given as
required.
PASSED AND APPROVED this /A/ day of r'X _ ,______
199 )-- .
//
M A Y O R
ATTEST:
City Clerk
Page 10 of 10 Pages
Agenda Item No.
Affidavit of Publication
THE STATE OF TEXAS
Ad 496463
ORDINANCE NO. 101-92 COUNTY OF WICHITA
ORDINANCE CLOSING HEAR.I
)(PING AND FINDING CERTAIN 'e)
a BUILDINGS AND/OR STRUC-
TURES TO BE DANGEROUS: 28 8 t h December
COMMANDING PROPERTY On this day of
OWNERS TO REPAIR OR DE-
MOLISH SAID BUILDINGS 1992
THIRTY( 30)DAYS OF THE DATE A.D. personally appeared before me, the undersigned authority
OF THIS ORDINANCE AND
DECLARING AN EMERGENCY D a r i c e Ming bookkeeper
ORDINANCE NO. 102-92 OF THE
COUNCILAOFETHE CITY CI OF for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
WICHITA FALLS CALLING FOR A
SPECIAL ELECTION FOR JANU- Times/Record News, a newspaper published at Wichita Falls in Wichita County,
ARY 16, 1993, TO SUBMIT
PROPOSED AMENDMENTS TO
THE CITY CHARTER OF THE CITY Texas, and upon being duly sworn by me, on oath states that the attached
OF WICHITA
FORTH THE PROPOSED AMEND- advertisement is a true and correct copy of advertising published
FORM OF THE SPROPOSITIONS;PRESCRIBING in one ( 1) issues thereof on the following dates:
NAMING ELECTION OFFICIALS
AND POLLING PLACES;FINDING
AND DETERMINING THAT THE December 18, 1992
MEETING AT WHICH THIS ORDI-
NANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS RE- C �1J
QURIR ED BY LAW
ORDINANCE NO. 103-93 ,_
ORDINANCE WAIVING APPEN-
DIX A,SUBDIVISION SECTION 9 Bookkeeper for Times Publishing Company
(B) (2) (a) OF THE CODE OF■
ORDINANCES WITH RESPECT TO of Wichita Falls
PLACING CURB AND GUTTER
ON THE SOUTH SIDE OF BAILEY
ROAD, ADJACENT TO THE
NORTH OF LOT 1, BLOCK 1, AL) Subscribed and sworn to before me this the day and year first above written.
VAL-HOLLOW ADDITION
ORDINANCE NO. 104-92
ORDINANCE WAIVING SEC-
TION 27-29 OF THE CODE OF �r — r
ORDINANCES WITH RESPECT TO / (i 4Vt,4s."---' ,. Y-i1^,Y
PLACING A SIDEWALK ALONG r� s
THE NORTH LINE OF LOT 1, , T.„,:"'
BLOCK 1, VAL-HOLLOW AD- 'v ORDINANCE NO 107-92
DITION ''f A. A ORDINANCE Of THE CITY
ORDINANCE NO. 105-92 Y9'' COUNCIL OF THE CITY 01
A ORDINANCE OF THE CITY I•''~ rS`'E.g.,.•.,;j WICHITA FALLS AMENDING OR
COUNCIL OF THE CJI-TY OF i%L ..,;, - . 1 DINANCE NO. 4-83, PROHIBIT.
•
WICHITA FA KENDING ORr'p.- , „ ING DISCRIMINATION IN EM•
DINANCE NO. 2-83, PROHIBIT ',Pa,,.14,,,1br PLOYMENT PRACTICES ANC
ING DISCRIMINATION IN PUB' PROVIDING AN ADMINIS•
LIC ACCOMMODATIONS ANL TRATIVE PROCEDURE FOR THE
PROVIDING AN ADMINIS HANDLING OF COMPLAINTS
TRATIVE PROCEDURE FOR THI CONCERNING SUCH PRAC- .
HANDLING OF COMPLAINT! TICES; FINDING AND DE.
CONCERNING SUCH DIS TERMINING THAT THE MEETING
CRIMINATION; FINDING ANC AT WHICH THIS ORDINANCE
DETERMINING THAT THE MEET - WAS PASSED WAS OPEN TO THE
ING AT WHICH THIS ORDI PUBLIC AS REQUIRED BY LAW
NANCE WAS PASSED WA! ORDINANCE NO. 108-92
OPEN TO THE PUBLIC AS RE _ ORDINANCE AMENDING
QUIRED BY LAW CHAPTER 14, ARTICLE III, SEC.
ORDINANCE NO. 106-92 PION 14-35 OF THE CODE OF
A ORDINANCE OF THE CITI ORDINANCES OF THE CITY OF
COUNCIL OF THE CITY 0! WICHITA FALLS TO ADOPT THE
WICHITA FALLS AMENDING)-9 1993 EDITION OF THE NA-
ARTICLE II OF CHAPTER 13 Of ---/ - TIONAL ELECTRICAL CODE
THE CODE OF ORDINANCES 01 ORDINANCE NO. 109-92
THE CITY OF WICHITA FALL! 5'�� AN ORDINANCE AMENDING
(SECTIONS 13-11 THROUGI.- THE ZONING ORDINANCE DEFI-
13-27) PROHIBITING DIS NITION OF A FLEA MARKET
CRIMINATORY HOUSING PRAC ORDINANCE NO. 110-92
TICES AND PROVIDING AN AD. AN ORDINANCE AMENDING
MINISTRATIVE PROCEDURE FOF ' THE WICHITA FALLS CODE OF
THE HANDLING OF COM• ORDINANCES, APPENDIX C :-
PLAINTS CONCERNING SUCK (ZONING ORDINANCE), RE-
PRACTICES. FINDING AND DE. QUIREMENTS FOR HANDI-
TERMINING THAT THE MEETING CAPPED PARKING
AT WHICH THIS ORDINANCE ORDINANCE NO. 111-92
WAS PASSED WAS OPEN TO THE ORDINANCE MAKING AN AP-
PUBLIC AS REQUIRED BY LAW PROPRIATION IN THE GENERAL
ORDINANCE NO 107-92 FUND FOR ADDITIONAL GRANT
A ORDINANCE OF THE CITY REVENUE FROM THE TEXAS DE-
COUNCIL OF THE CITY OF PARTMENT OF HEALTH AND .
WICHITA FALLS AMENDING OR. AUTHORIZING THE CITY MAN-
DINANCE NO. 4-83, PROHIBIT. AGER TO EXECUTE CONTRACT
ING DISCRIMINATION IN EM. ACCEPTING SAME
PLOYMENT PRACTICES ANC ORDINANCE NO. 112-92
PROVIDING AN ADMINIS. JRDINANCE MAKING AN AP-
TRATIVE PROCEDURE FOR THE IROPRIATION IN THE,GENERAL .
HANDLING OF COMPLAINTS UND FOR ADDITIONAL'GRANT III
CONCERNING SUCH PRAC. LIEVENUE FROM THE-TEXAS-DE-
TICES; FINDING AND DE. 'ARTMENT OF HEALTH AND
TERMINING THAT THE MEETING ■UTHORIZING THE CITY MAN-
AT WHICH THIS ORDINANCE GER TO EXECUTE CONTRACT
WAS PASSED WAS OPEN TO THE 1CCEPTING SAME
PUBLIC AS REQUIRED BY LAW