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Ord 3711 8/5/1980 ORDINANCE NO. 177/ FAIR HOUSING ORDINANCE An ordinance " Lair housing - anti-discrimination" ; declaring the policy of the C + ty to be in furt'ierance of the right of every person to ade( uate housing of his choice with- out regard to race, color, religion, sex or national origin defining terms; prohibiting discrimination in the sale or rental of housing; adopting regulations concerning financing of dwellings; providing regulations concerning brokerage services ; forbidding intimidation;y providing certain exemptions and exclusions; providing for the position of Fair Housing Administrator; setting up a procedure for the handling of complaints; providing for investigations procedures; providing for certification of Administrator's findings to the City Attorney; authorizing City Attorney to institute proceedings in Municipal Court; stating that remedies contained herein are not administrative prerequisites to action under other laws; authorizing the Administrator to conduct education and public information programs; authorizing cooperation with the Secretary of Housing and Urban Development; providing for a severability clause; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; providing p g for a fine of not more than two hundred dollars ($200. 00) for each violation hereof; and providing an effective date. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 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 procedures, the opportunity for each person to obtain housing without regard to his race, color, religion, sex or national origin. 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 race; color religion, sex or national origin; and further, that the denial of such right through considerations based upon race, color, religion, sex or national origin 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 rights which is within the power and proper responsi- bility of government to prevent. SECTION 2 . Definition of Terms. A. "Administrator" means the City Manager or an individual designated as Fair Housing Administrator by the City Manager. B. "Dwelling" means any building, structure or portion thereof which is occupied as, or designed and intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construc- tion or location thereon of any such building, structure or portion thereof. C. "Family" includes a single individual. D. "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal repre- sentatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and any other organization or entity of whatever character. E. "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. F. "Discriminatory housing practice" means an act that is unlawful under Sections 3 , 4 , 5 and 6 of this ordinance. SECTION 3. Discrimination in the Sale or Rental of Housing. Except as exempted by Section 7, it shall be unlawful for any person, A. To refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or -2- rental of, or otherwise make unavailable or de-'y, a dwelling to any person because of race, color, religion, sex or national origin. 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 race, color, religion, sex or national origin. 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 race, color, religion, sex or national origin, or an intention to make any such preference, limitation or discrimination. D. To represent to any person because of race, color, religion, sex or national origin that any dwelling is not avail- able 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 or national origin. SECTION 4 . 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 therefor 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, because of the race, color, religion, sex or national origin of such person or of any person associated with him -3- . 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 dwelling in relation to which such loan or other financial assistance is to be made or given. SECTION 5. Discrimination in the Provision of Brokerage Services. It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers organization or other service, organi- zation or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or partici- pation on account of race, color, religion, sex or national origin. SECTION 6 . 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 or national origin because he is or has been selling, purchasing, renting, financing, occupying or con- tracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organization or facility relat- ing to the business of selling or renting dwellings. SECTION 7. Exemptions and Exclusions. A. There shall be exempted from the application of Section 3 : (1) Any single-family house sold or rented by an owner: Provided that such private individual owner does not own more than three such single- family houses, whereever 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 -4- 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 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 ordinance 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 3 (c) of this ordinance; but nothing in this 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 or intended to be occupied by no more than four families living independently of each other if the owner actually maintains and occupies one of such living quarters as his residence. B. Nothing in the ordinance shall prohibit a religious organization, association or society or any 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 prefer- ence to such persons, unless membership in such religion is restricted on account of race, color, sex or national origin. C. Nothing in the ordinance 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. -5- SECTION 8 . Fair Housing Administrator. A. The City Manager shall appoint himself or some other competent person as a Fair Housing Administrator who shall have the responsibility for implementing this ordinance. B. The Fair Housing Administrator shall be provided with sufficient staff support to perform his duties as required by this ordinance. SECTION 9. Complaints. 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 Administrator. 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 Administrator 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 ordinance 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 10 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 -6- I L 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 supplementary complaint shall thereafter be treated in the same manner as an original complaint filed by a person aggrieved. 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 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 10. 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 -7- such persons who appear 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 and adequate assurance of future voluntary compliance with the provisions of this ordinance. 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. SECTION 11. Certification to City Attorney. Upon completion of the investigation and informal endeavors at conciliation by the Administrator, but within thirty 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 have been unsuccessful, the Administrator shall certify in writing to the City Attorney that such discriminatory housing practice has occurred and request the City Attorney to forthwith prosecute such violation in Municipal Court. SECTION 12. Legal Procedures. A. Upon certification by the Administrator, the City Attorney may institute a charge in Municipal Court and prosecute the same to final conclusion as rapidly as practical. B. It is the intent of this ordinance 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 ordinance shall be construed as an administrative -8- prerequisite to a citizen pursuing his rights under any other federal, state or local statute, case decision, or administra- tive ruling. SECTION 13. Education and Public Information. In order to further the objectives of this ordinance, the Administrator may conduct educational and public information programs designed to acquaint the general public with the provisions and objectives of this ordinance. SECTION 14. 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 ordinance; the City Manager may accept reimbursement from the Secretary for services rendered to assist him in carrying out the provisions of the above cited federal law. SECTION 15. 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 ordinance. SECTION 16. Repeal of Conflicting Ordinances. That all ordinances or parts of ordinances inconsistent or in conflict herewith are hereby expressly repealed. SECTION 17 . Penalties. That any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than two hundred dollars ($200. 00) for each violation hereof, and each day such violation shall be permitted to -9- L exist shall constitute a separate offense. PASSED AND APPROVED this the day of „ 1980 . G �/ M/A Y O R ATTEST: City Clerk -10- Affidavit of Publication ORDINANCE NO.3676 THE STATE OF TEXAS ORDINANCE AMENDING SUBSECTION 1305.5 AND COUNTY OF 'WICHITA SUBSECTION 1602.2.1 OF THE CITY U OF WICHITA (rC PLMBING CODEFALLS, AND DECLARING AMENDMENTS TO BE EMERGENCY On this . 28th clay of August }MEASURES, EFFECTIVE UPON PASSAGE. 1980 . Anyone violating this ordinate A.D will be subject to a fine not to . personally appeared before me, the undersigned authority exceed$200.00. Myra S h son ORDINANCE NO.3677 , bookkeeper AN ORDINANCE AMENDING SUBSECTION 1604.3 AND TABLE 505, APPENDIX B,OF THE CITY OF WICHITA FALLS for the Times Publishing Company of Wichita Falls, publishers of the PLUMBING CODE, AND T O B E DECLARING EMERGENCY M T Wichita Falls Record News, a newspaper published at Wichita Falls in MEASURES, EFFECTIVE UPON PASSAGE. Wichita County, Texas, and upon being duly sworn by me, on oath states Anyone violating this ordinance will be subject to a fine not to exceed$200.00. that the attached.advertisement is a true and correct copy of advertising ORDINANCE NO.3693 AN ORDINANCE AMENDING THE COMPREHENSIVE published in_._ One (1) issues thereof on the following SUBDIVISION REGULATIONS OF THE CITY OF WICHITA dates: FALLS, TEXAS, ORDINANCE NO.2118,APPENDIX A,CODE August 28v 1980 O F O R D I N A N C E S,, E S T A B L I S H I N G • DEVELOPMENT STANDARDS SINGLE FAMH A ATTT ACHED OR DETACHED! Z E R O L O T L I N E Bookkee r for Times Publishing Company BUSDIVISIONS, AND AMENDING DEFINITION of Wichita Falls FOR TOWNHOUSE,GENERAL REQUIREMENTS AND DESIGN STANDARDS FOR Subscribed and sworn to before me this the day and year first above 1ALLEYS, AND ALLEY REQUIREMENT FOR I \ TOWNHOUSE SUBDIVISIONS.Li_) written. ;Annyone violating this ordinance will .00t to a ����� ��G✓J q fine not to exceed eed d be 520200.00 ORDINANCE NO.3706 AN ORDINANCE AMENDING SUBPARAGRAPH (b) OF. SECTION 29-45 OF THE CODE OF ORDINANCES OF THE PAT CHAMEEPLAIN, Notary Publio CITY OF WICHITA FALLS, in and for Wichita County, Texas TEXAS, DESIGNATING ONE-WAY STREETS AND ALLEYS, WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS. Anyone violating this ordinance will be subject to a fine not to exceed 5200.00. ORDINANCE NO.3711 FAIR HOUSING ORDINANCE. Anyone violating this ordinance will be subject to a fine not to exceed$200.00. ORDINANCE NO. 3714 AN ORDINANCE AMENDING SUBPARAGRAPH (d) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS. Anyone violating this ordinance will be subject to a fine not to exceed$200.00. ORDINANCE NO. 3715 AN ORDINANCE AMENDING SUBPARAGRAPH (c) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS. Anyone violating this ordinance will be subiect to a fine not to [exceed$200.00.