Ord 003-83 1/4/1983 r f
ORDINANCE NO. J I�
ORDINANCE AMENDING ARTICLE II OF CHAPTER 13 OF THE
CODE OF ORDINANCES (SECTIONS 13-11 THROUGH 13-27) ,
WHICH PROHIBITS DISCRIMINATORY HOUSING PRACTICES,
AND PROVIDES AN ADMINISTRATIVE PROCEDURE FOR THE
HANDLING OF COMPLAINTS CONCERNING SUCH PRACTICES .
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
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
procedures , the opportunity for each person to obtain housing without
regard to his age, race, color, religion, sex, national origin or
physical or mental handicap.
(b) It is further declared that this policy is grounded upon
a recognition of the right of every person to have access to adequate
housing of his own choice without regard to age, race, color,
religion, sex, national origin, or physical or mental handicap;
and further that the denial of such rights through considerations
based on race, color, religion, sex, national origin, age and
physical or mental handicap is detrimental to the health, safety
and welfare of the inhabitants of the City 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 13-12 . Definition of terms .
(a) Administrator means the Administrator of the Human Relations
Commission of the City of Wichita Falls or his authorized representative .
(b) Age means the calendar age of an individual eighteen (18)
years of age or over .
(c) Discriminatory Housing Practice means an act that is
unlawful under Section 13-13, 13-14 , 13-15 , and 13-16 of this Article.
(d) Dwelling means any building or structure or portion
thereof which is occupied as or designed and intended for occupancy
P g P Y
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.
(e) Family includes a single individual.
(f) 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 .
(g) Physical or Mental Handicap means any physical or mental
impairment which substantially limits one or more major life
activities .
(h) To rent includes to lease, to sublease, to let and other-
wise to grant for a consideration the right to occupy premises
not owned by the occupant.
(i) 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 other-
wise make unavailable or deny, a dwelling to any 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 physical or mental
handicap.
(c) To make, print, or 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 physical or mental 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 physical or mental 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 profit, 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 associa-
tion, 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 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 origin 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, intimi-
date, 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 right to all or a portion of
the proceeds from the sale or rental of, more than three (3) such
Page 7 of 14 Pages
Agenda Item No. 4.c.
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 sales-
man 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 this proviso shall pro-
hibit 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
a mer actually maintains and occupies one of such living quarters
as his residence.
(b) Nothing in this article shall prohibit a religious organi-
zation, 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
Page 8 of 14 Pages
Agenda Item No. 4.c.
such religion is restricted on account of race, color, sex,
national origin, age, or physical or mental handicap.
(c) Nothing in the 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 owns 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 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 the 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 Administrator of the Human Relations Commission 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 dis-
criminatory housing practice or who believes that he will be
Page 9 of 14 Pages
Agenda Item No. 4.c.
•
irrevocably injured by a discriminatory housing practice that is
about to occur (hereafter referred to as "person aggrieved") may
file a complaint with the administrator. Any complaints shall
be in writing and shall identify the person alleged to have com-
mitted or alleged to be about to commit the discriminatory housing
practice and shall set forth the particulars thereof. The admin-
istrator 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 administrator and employees
of his office 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 administrator 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
administrator, he 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 administrator may prepare and file
a supplementary 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.
Page 10 of 14 Pages
Agenda Item No. 4.c.
(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.
?age 11 of 14 Pages
Agenda Item No. 4.c.
(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 con-
ciliation in such a way as to make public identification of the
person or persons named in the complaint without the written con-
sent of the person concerned.
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,
Page 12 of 14 Pages
Agenda Item No. 4.c.
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
administrator 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 encouraged 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 reimburse-
ment 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 holding
shall not render invalid any other section, subsection, sentence,
provision, clause or phrase of this article.
Page 13 of 14 Pages
Agenda Item No. 4.c.
o .
Section 13-25 . Repeal of conflicting ordinances .
All ordinances or parts of ordinances inconsistent or in
conflict herewith 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 Dollars ($200 .00) for each violation hereof,
and each day such violation shall be permitted to exist shall
constitute a separate offense.
PASSED AND APPROVED this the 4th day of January, 1983 .
A Y O R
ATTEST:
j,-C//YYZ4e4" Yoe- ---)
City Clerk
Page 14 of 14 Pages
Agenda Item No. 4.c.
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®a` ..._ Affidavit of Publication
BY
THE STATE OF TEXAS
COUNTY OF WICHITA
(Paste Clipping Here)
ORD s. CE NO.1'1,11,82
sEC0R. r .7 '' 's` , G. 1 On this• 18 day of January•
s. ,91 or T ODE
OF O- o * ACES-OF THL I
HCITY 01s:WICHITAFALLS,
TEXAS BY CORRECTING) A.D 1983 personally appeared before me,the undersigned authority
SUBPARAGRAPHS (F), (6),
AND ( AJy, WHICH TOn� BPlvP�Pre bookkeeper
ESTABLISHES PRIMA
FACIA MAXIMUM. SPEED
LIMITS ON CERTAIN
STREETS. for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
ORDINANCE NO 112-82
AN ORDINANCE CLOSING,
VACATING A N D Times, a newspaper published at Wichita Falls in Wichita County, Texas, and
ABANDONING THE SOUTH
TWO HUNDRED EIGHT(208) upon being duly sworn by me,on oath states that the attached,advertisement is a true
25EFFOOT WIDE E ALLY IN ONE(1)
BLOCK 166, ORIGINAL and correct copy of advertising published in issues
TOWNSITE OF WICHICA
FALLS, TEXAS AND thereof on the following dates:
RETAINING A UTILITY
EASEMENT.
ORDINANCE NO. 113-82
AN ORDINANCE CLOSING, Jan. 18
VACATING •A N D
A B A N D O N I N G A n q,///
TWENTY-FIVE (25) FOOT // n�� '/
WIDE ALLEY IN BLOCK 149, Z .c.c4A_k e
' ORIGINAL TOWNSITE OF
WICHITA FALLS, TEXAS. Bookkeeper for Times Publi ing Company
ORDINANCE NO. 114-82
AN ORDINANCE CLOSING, of Wichita Falls
V A C A T I N'G A N D
ABANDONING A TWENTY.
FOOT
NORTH-SOUTH ALLEY EN{ day Y
Subscribed and sworn to before me this the da and year first above written.
BLOCK 18A, HIGHLAND
ADDITION TO THE CITY OF ///JJJ
WICHITA FALLS, TEXAS.
ORDINANCE NO. 115=82
ORDINANCE AMENDING c--c----
SECTION 7-14 OF THE CODE
PNr
OF ORDINANCES TO ADOPT �o�i—�?�"+
THE 1982 EDITION OF,THE I _ ,1 ROY L. REAVES
STANDARD f " %\,-1: Notary Public,State rf Tesas
BUILDING I L O1 N G My Commission Expires Nov. x1
CODE. 30,19 V
ORDINANCE NO.)1116 < `'=
E+' S.S.446-42-2662
A N O R D 1:�N * iiak
AUTWl,OR1 N
ALL OWIN
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t, "E
-ACT Cy�,pV��')�9•a�, 1,;�E.. ORDINANCE NO 118.82 ORDINANCE NO 1-83 ORDINANCE NO 4-83
ti N''i C 1+t3'•A L' AN ORDINANCE CLOSING, AN ORDINANCE MAKING I ORDINANCE PROHIBITING
RCTI,R**5N:6Nt,,,SY.S`TEM, V A C A T I N G A N D AN APPROPRIATION FROM DISCRIMINATION I N
"U,DDATED`,,SE..RVICE ABANDONING A TWELVE THE GENERAL EQUITY EMPLOYMENT PRACTICES,
CREDITS" INSAID'SYSTEM (12) FOOT WIDE "L'' FUND TO ACCOUNT AND PROVIDING AN
FOR SERVICE PERFORMED SHAPED ALLEY IN BLOCK 5, NUMBERS LISTED BELOW, ADMINISTRATIVE j
BY QUALIFYING MEMBERS SIBLEY TAYLOR ADDITION AND DECLARING AN PROCEDURE FOR THE
OF SUCH SYSTEM IN THE TO THE CITY OF WICHITA � EMERGENCY. H A N D L I N G OF
EMPLOYMENT OF THE FALLS, TEXAS, AND ORDINANCE NO. 2-83 COMPLAINTS CONCERNING
CITY OF WICHITA FALLS; RETAINING A- UTILITY AN O R D I N A N C E SUCH PRACTICES.
P R O V I D I N G F O R EASEMENT. P R O H I B I -T I N G . ORDINANCE NO.5-83
1 NCR EASED- PRIOR AND ORDINANCE NO. 119-82 DISCRIMINATION IN ORDINANCE CREATING A
.V I C E AN ORDINANCE CLOSING P U B- L I C MECHANICAL CODE BOARD
CURRENT S E R •ANNUITIES FOR RETIREES AND ABANDONING ACCOMMODATIONS,'AND OF ADJUSTMENTS AND
AND BENEFICIARIES OF CERTAIN OLD TEN FOOT P R O V I D I N G AN APPEALS.
DECEASED RETIREES OF. • WIDE CARRIAGE TRAILS IN ADMINISTRATIVE ORDINANCE NO.6-83
T H E
C I T Y A N D BLOCKS'K, L, AND R
PROCEDURE FOR T HE ORDINANCE GRANTING
E S T A B L I S H I N G
AN RIVERSIDE CEMETERY, I H A N D L I N G OF WAIVER OF SECTION 27-29
' EFFECTIVE DATE FOR AND APPROVING REVISED COMPLAINTS CONCERNING (a), AND (c) OF THE CODE
SUCH ACTIONS. . SUCH DISCRIMINATION. OF ORDINANCES TO ALLOW
ORDINANCE NO. 117-82 . PLAT. NO. 120-82 ORDINANCE NO. 3-83 THE OWNER OF A. V.
ORDINANCE WAIVING AN ORDINANCE MAK MAKING ORDINANCE AMENDING MOTE'S GARAGE TO DELAY
ORDINANCES CONCERNING AN APPROPRIATION FROM ARTICLE I I OF CHAPTER 13 CONSTRUCTION OF A
CITY ENFORCEMENT OF THE WATER-SEWER BOND 1 OF T H E C O D E O F SIDEWALK UNTIL SUCH
DEED RESTRICTIONS FOR FUND-SERIES 1981 FUND TO ORDINANCES (SECTIONS TIME AS PEDESTRIAN
THE FOLLOWING ACCOUNT NUMBERS 13-11 THROUGH 13-27), TRAFFIC WARRANTS ITS
P ROPERTIES IN FAITH AND WHICH PROHIBITS CONSTRUCTION.
VILLAGE, UNIT 111: LOTS DIETC LD A R ION GA N . DISCRIMINATORY
1-8, BLOCK 73 AND LOTS 1-4, EMERGENCY. HOUSING PRACTICES, AND
BLOCK 74, I P R O V I D E S A N
•
ORDINANCE NO. 121-82 A D M I N I S T R A T I V E
ORDINANCE NO. 118-82 AN ORDINANCE MAKING
AN ORDINANCE CLOSING, AN APPROPRIATION,FROM PROCEDURE FOR THE
V A C A T I N G A N D T H E WATER-SEWER H A N D L I N G O F
ABANDONING A TWELVE OPERATION FUND TO COMPLAINTS CONCERNING
(12) FOOT WIDE "L", ACCOUNT NUMBERS SUCHPRACTICES.
SHAPED ALLEY IN BLOCK 5, LISTED BELOW, AND
SIBLEY TAYLOR ADDITION I D E C L A R I N G A N
TO THE CITY.OF WICHITA I EMERGENCY.
FALLS, TEXAS, AND