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Ord 105-92 12/1/1992 ORDINANCE NO. / 5 0 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING ORDINANCE NO. 2-83 , PROHIBITING DISCRIMINATION IN PUBLIC ACCOMMODATIONS AND PROVIDING AN ADMINISTRATIVE PROCEDURE FOR THE HANDLING OF COMPLAINTS CONCERNING SUCH DISCRIMINATION; 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. Ordinance No. 2-83 is hereby amended to read as follows: "DISCRIMINATION IN PUBLIC ACCOMMODATIONS Section 1. 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 goods and services in all places of public accommodation 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 obtain goods and services in all places of public accommodation without regard to race, color, religion, sex, national origin, age, and physical or mental handicap; and further, that the denial of such rights through considerations based upon race, color, religion, sex, national origin, age, or physical or mental handicap is detrimental to the 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. Section 2 . Definitions. As used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section unless the context requires otherwise: Page 2 of 7 Pages Agenda Item No. A. "Age" refers to a person over the age of nineteen 2 (19) years. B. "Commission" means the City of Wichita Falls Commission on Human Needs. C. "Administrator" means the Administrator of the Commission on Human Needs, or authorized assistant. D. "Discrimination" means any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or any other differentiation in the treatment of a person or persons on account of race, color, religion, sex, national origin, age and physical or mental handicap in all places of public accommodation. E. "Physical or mental handicap" means any physical or mental impairment which substantially limits one or more major life activities. F. "Place of public accommodation" is each of the following establishments which serve the public: (1) Any inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five (5) rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence. (2) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment, or any gasoline station; (3) Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; (4) Any bar, tavern, pub, drinking establishment, or facility where alcoholic beverages are served; (5) Retail establishments selling any kind of goods or services; and, Page 3 of 7 Pages Agenda Item No. 3 (6) Any establishment: A. i. Which is physically located within the premises of any establishment otherwise covered by this subsection; or, ii. Within the premises of which is physically located any such covered establishment; and, B. Which holds itself out as serving patrons of such covered establishment. Section 3 . Interpretation. In construing this article, it is the intent of the City Council that the courts shall be guided by Federal Court interpretations of Title II of the Civil Rights Act of 1964, as amended. Section 4 . Prohibited practices. A. All persons shall be entitled to the full and equal employment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation without discrimination or segregation on the ground of race, color, religion, sex, national origin, age and physical or mental handicap. B. It is an unlawful discriminatory act for any person, being the owner, proprietor, or lessee of any place of public accommodation to directly or indirectly exclude, segregate, limit, refuse or deny to any person any of the accommodations, advantages, facilities, benefits, privileges, services or goods of that place on account of race, color, religion, sex, national origin, and physical or mental handicap. C. It is an unlawful discriminatory act for any person, being the owner, proprietor, or lessee of any place of public accommodation, to circulate, issue, display, post, mail, or otherwise to publish a statement, advertisement, or sign that indicates that any of the accommodations, advantages, facilities, benefits, privileges, services, or goods of that place will be denied to any individual on account of race, color, religion, sex, national origin, age or physical or mental handicap, or that the patronage of, or presence at that place of, any individual is objectionable, unwelcome, unacceptable, undesirable, or unsolicited on account of race, color, religion, sex, national origin, age, or physical or mental handicap. Page 4 of 7 Pages Agenda Item No. 4 Section 5. Procedure for violations. A. The Administration of the Commission on Human Needs of the City of Wichita Falls is provided as an administration vehicle for the procedural handling of complaints concerning any person engaging in any unlawful public accommodation practice. B. Whenever a charge is filed with the Commission by a person claiming to be aggrieved (hereafter referred to as "person aggrieved") alleging unlawful public accommodation practice, the administrator shall serve a notice of the charge (including the date, place and circumstances) with as much specificity as possible of the alleged unlawful public accommodation practice on such owner, proprietor or lessee (hereafter referred to as the "respondent") within ten (10) days; provided, however, that before any charge becomes accepted for investigative purposes, the administrator shall have personally reviewed with the person aggrieved the allegations contained therein and shall have determined that said charge comes within the provisions of this article. In the event such review results in the determination that a particular charge does not come within the provisions of this article, the person aggrieved shall be given a clear and concise explanation of the reasons why it does not. Records shall be maintained indicating the reason for which a charge was not accepted for investigation. A report of charges accepted shall be compiled by the Administrator and the results and recommendations shall be reported to the Commission on Human Needs. A charge under this section must be filed within one hundred eighty (180) days following the occurrence of the alleged unlawful public accommodation practice. C. Charges shall be in writing under oath or affirmation and shall contain such information and be in such form as the Administrator requires. D. If the Administrator or authorized representative determines after investigation that there is not reasonable cause to believe that the charge is true, the Administrator shall dismiss the charge, and promptly notify the person aggrieved of its action. E. If after investigation it is determined that there is reasonable cause to believe that a charge is true, the Administrator or his authorized representative shall endeavor to eliminate any such alleged unlawful public accommodation practice by informal methods of conference, conciliation and persuasion. Nothing said or done in the course of such Page 5 of 7 Pages Agenda Item No. 5 information endeavors may be made public by the Administrator or his authorized representative, the person aggrieved, or the respondent, or be used as evidence in a subsequent proceeding without the written consent of all persons concerned. All determinations shall be reasonable and be made as promptly as possible. Should a respondent desire at any time to enter into a predetermination settlement, said settlement shall be allowed, provided the person aggrieved and the administrator agree such is acceptable and in accordance with the objectives of this article. F. If the Administrator is unable to secure from the respondent an acceptable conciliation agreement after investigation, the Administrator may cause the case to be P rosecuted in Municipal Court or refer the case to other � as appropriate. a encies 9 Section 6. Access to records. In connection with any investigation of a charge filed under this article, the Administrator or his authorized representative shall at all reasonable times have access to, for the purposes of examination and the right to copy, any evidence of any person being investigated or proceeded against that relates to unlawful public accommodation practices and is relevant to the charge under investigation and is not confidential as provided by law. Section 7. Rules and Regulations. The Commission shall have authority from time to time to issue, amend or rescind suitable procedural regulations to carry out the provisions of this article. Such rules and regulations shall provide for procedural due process and be subject to review and approval by the City Council. Section 8. Exemption. The provisions of this article shall not apply to a private club or other establishment not in fact open to the pubic, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of Section 2 (e) (6) of this article. Section 9. Penalties. Any person, firm or corporation violating any provision of this article shall be guilty of a misdemeanor, and upon conviction thereof in Municipal Court shall be subject to a Page 6 of 7 Pages Agenda Item No. • 6 fine of not more than Two Hundred ($200. 00) Dollars for each violation thereof, 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 /4,ti day of ' ,1 i 199 )- ,f/IIV710 A Y O R ATTEST: City lerk Page 7 of 7 Pages Agenda Item No. Affidavit of Publication THE STATE OF TEXAS Ad 496463 I ORDINANCE NO. 101-92 COUNTY OF WICHITA ORDINANCE CLOSING HEAR-I (PaING AND FINDING CERTAIN !e) BUILDINGS AND/OR STRUC- TURES TO BE DANGEROUS: 2 8 t h December COMMANDING PROPERTY On this day of OWNERS TO REPAIR OR DE- MOLISH SAID BUILDINGS 1992 AND/OR THIRTY(30)DAYS UOF THE DATE A.D. personally appeared before me, the undersigned authority OF THIS ORDINANCE AND DECLARING AN EMERGENCY Dance Mind bookkeeper ORDINANCE NO. 102-92 A COUNCILIAOFETHE CI CITY 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 MENTS;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- -- "- QUD BY ORDINANCE 0 - ORDINANCE NO. 103-93 "C` 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- !rl TION 27-29 OF THE CODE OF \ ORDINANCES WITH RESPECT TO ` PLACING A SIDEWALK ALONG i''.-e..,,•fl,��� .....A....."' s!�� '`s THE NORTH LINE OF LOT 1, BLOCK 1, VAL-HOLLOW AD- ',' , $ ORDINANCE NO 107-92 DITION s - A ORDINANCE OF THE CITI ORDINANCE NO. 105-92 -' '' -,, COUNCIL OF THE CITY OI A ORDINANCE OF THE CITY 1-'} ''. :x,->;, 1 WICHITA FALLS AMENDING OR. COUNCIL OF THE CITY OF jP...; ' - .,. P DINANCE NO. 483, PROHIBIT. WICHITA FAQ5MEIRDTNG OR 1,„ ING DISCRIMINATION IN EM. DINANCE NO."2-83,`ROHIBIT ''','''� `'-"4-r PLOYMENT PRACTICES ANC ING DISCRIMINATION IN PUB PROVIDING AN ADMINIS• LIC ACCOMMODATIONS AN! 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 ANE 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. 1 ORDINANCE NO. 106-92 TION 14-35 OF THE CODE OF A ORDINANCE OF THE CITI ORDINANCES OF THE CITY OF COUNCIL OF THE CITY O! WICHITA FALLS TO ADOPT THE WICHITA FALLS AMENDING')_y_ 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! ? �'�� AN ORDINANCE AMENDING (SECTIONS 13-11 THROUGI.- THE ZONG OF L.13-27) PROHIBITING DIS NITION NI OF A F L EA MARKET DINANCE DE - 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 SUCI• (ZONING ORDINANCE), RE- PRACTICES; FINDING AND DE. QUIREMENTS FOR HANOI- 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 TRATIVE PROCEDURE FOR THE `ROPRIATION INA THE,.GENERAL HANDLING OF COMPLAINTS UND FOR ADDITIONAL'GRANT CONCERNING SUCH PRAC. REVENUE FROM THE-TEXILS;DE- TICES; FINDING AND DE. ,ARTMENT OF HEALTH AND TERMINING THAT THE MEETING tUTHORIZING THE CITY MAN- AT WHICH THIS ORDINANCE ,GER TO EXECUTE CONTRACT WAS PASSED WAS OPEN TO THE 1CCEPTING SAME PUBLIC AS REQUIRED BY LAW