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1978M8- AMENDING ORDINANCE NO. 74-M-4 ORDINANCE NO. 7"6-111- 'if AN ORDINANCE AMENDING ORDINANCE NO. 74-M-4; READOPTING SAID ORDINANCE NO. 74-M-4 AS AMENDED, DECLARING THE POLICY OF THE CITY OF SCHERTZ TO BE IN FURTHERANCE OF THE RIGHT OF EACH INDIVIDUAL TO PROVIDE HIMSELF AND HIS FAMILY A DWELLING, INCLUDING THE FINANCING THEREOF, WITHOUT REGARD TO RACE, COLOR, SEX, RELIGION, OR NATIONAL ORIGIN; DEFINING TERMS; ADOPTING REGULATIONS CONCERNING FINANCING OF DWELLING; PROVIDING REGULATIONS CONCERNING BROKERAGE SERVICES; PROVIDING CERTAIN EXEMPTIONS AND EXCLUSIONS; SETTING UP A PROCEDURE FOR THE HANDLING OF COMPLAINTS; OUTLINItlG THE DUTIES OF THE CITY ATTORNEY AND THE AUTHORITY OF THE ADMINISTRATOR; FORBIDDING INTIMIDATION;CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1: Declaration of POlicy (A) It is hereby declared to be the policy of the City of Schertz, Texas to bring about, through fair orderly and lawful procedures, the oppor- tunity for each person to obtain housing without regard to his race, color, sex, religion or national origin. (B) It is further declared that this policy is grounded upon a recognition of the inalienable right of each individual to provide for him- self and his family a dwelling according to his own choosing and economic capability and further, that the denial of such rights through considerations based upon race, color, sex, religion or national origin is detrimental to the health, safety and welfare of the inhabitants of the City of Schertz and constitutes an unjust denial or deprivation of such inalienable right which is within the power and the proper responsibility of government to prevent. SECTION 2: Definition of Terms, as used in this ordinance. (A) "Committee" means the Citizens' Advisory Committee until such time as a committee on Human Relations is deemed necessary by the City. (B) "Administrator" means the individual designated Human Relations Administrator by the City Manager. (C) "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 construction or location thereon of any such building, structure, or portion thereof. (D) "Person" includes one or more individuals, corporations, partner- ships, associations, labor organizations, legal representatives, mutual com- panies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and any other organization or entity of whatever similar character. (E) "To Rent" includes to lease, to sublease, to let and otherwise 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 and 5. SECTION 3: Discrimination in the Sale or Rental of Housing. Except as exempted by Section 6, 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 person because of race, color, sex, religion 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, sex, religion 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 dis- crimination based on race, color, sex, religion or national origin, or any intention to make any such preference, limitation or discrimination. (0) To represent to any person because of race, color, sex, re- ligion or national origin 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 or profit, to include or attempt to induce any person to sell or rent any dwelling or representations regarding the entry or prospective entry into the neighbor- hood of a person or persons of a particular race, color, sex, religion 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 apply- ing therefore for the purpose of purchasing, constructing, improving, repair- ing 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, sex, religion or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or 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 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 organiza- tion or other service, organization 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 participation, on account of race, color, sex, religion or national origin. SECTION 6: Exemption 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, wherever located, at anyone 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 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 ex- press 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 anyone time: Provided Further, the sale or rental of any such single-family house shall be excepted from the application of this title only if such house is sold or rented (a) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman or person and (b) without the publication, posting or mailing of any advertisment or written notice in violation of Section 3 (c) of this ordinance; but nothing in this provision shall pro- hibit the use of attorney" 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 inde- pendent of each other if the owner actually maintains and occupies one of such living quarters as his residence. (B) Nothing in this ordinance shall prohibit a religious organization, association or society or any non-profit organization operated, supervised or controlled by or in conjunction with a religious organization, associa- tion 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 member- ship in such reli9ion is restricted on account of race, color, sex, or national origin. (C) Nothing in this 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 lodging to its members. SECTION 7: Complaints (A) Any person who claims to have been injured by a discriminatory housing practice that is about to occur (hereafter) referred to as "person aggrieved" may file a complaint with the Administrator. Such 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 without charge to any person aggrieved. The Administrator and employees of his office may assist in the clerical preparation of such complaints. (B) The Administrator shall receive and accept notification and refer- ral of complaints from the Secretary of Housing and Urban Development pur- suant 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 com- plaints filed directly by the person agrieved. (C) If, in the course of any investigation as provided in Section 8 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 on grounds not stated in such complaint, the Administra- tor 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 per- sons have committed a discriminatory housing practice as to which no com- plaint has been filed or is about to be filed, the Administrator may prepare and file a complaint upon his own motion and in his own name and such com- plaint 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 in the com- plaint. (F) A complaint under subsections (A), (C), (0), and (E) shall be filed within 180 days after the alleged discriminatory housing practice occured. Complaints shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and 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. Both complaints and answers shall be signed. SECTION 8: Investigation (A) Upon the filing of a complaint as herein provided, the Administrator shall cause to be made a prompt investigation of the matter stated in the com- plaint. (B) and take examine, In connection with such investigation, the Administrator may question and record testimony and statements of such persons who appear and may 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 occured, or is about to occur, attempt by informal endeavors to effect conciliation, including voluntary compliance and adequate assurance of future voluntary compliance with the provfsions 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 persons concerned. SECTION 9: Committee Hearing (A) Upon the completion of the investigation and informal endeavors at conciliation by the Administrator but within 30 days of the filing of the complaint with the Administrator, and if conciliation has not been effected, the Administrator shall refer the complaint to the Committee, together with the answer of the respondent, if any, and a full report of his investigation and activities in the matter. (B) The Committee shall prompltly set a date for the hearing. This shall be within 30 days of the date on which the Administrator referred the complaint. At least five days prior written notice of the hearing shall be given to the person or persons alleged to have committed or to be about to commit the discriminatory housing practice. The hearing shall be conducted in a fair and impartial manner and shall be public. Proof of the matters alleged within the complaint may be presented by the Admin- istrator. The complainant and the person or persons alleged to have com- mitted or to be about to commit the discriminatory housing practice may appear personally or by representative and with or without legal counsel and shall have the right of present proof and cross-examine witnesses in all matters relating to the complaint and subsequent related matters. In the event that a person or persons alleged to have committed or to be about to commit a discriminatory housing practice shall fail to appear at the committee hearing either personally or by representative, after notice as provided above, then such hearing shall be deemed waived by such person or persons. (C) If, after such hearing, a majority of the Committee shall de- termine on the basis of the evidence at the hearing that the complaint is well founded, the Committee shall forthwith by persuasion, education and entreary diligently attempt to secure within a reasonable time, not to exceed 30 days, voluntary discontinuance of any discriminatory hous- ing practice. SECTION 10. Certification to City Attorney If the committee shall determine that a discriminatory practice has occured and if a hearing before the Committee on the complaint alleg- ing such violation has been waived or if the Committee has held a hear- ing and the efforts of the Committee to secure voluntary compliance have been unsuccessful, the Committee shall cause the Administrator to certify in writing to the City Attorney that such discriminatory housing practice has occured and request the City Attorney to forthwith prosecute such violation in the Municipal Court of the City of Schertz. SECTION 11: Legal Proceedings (A) Upon Cerification by the Administrator pursuant to the direction of the Committee, the City Attorney shall institute a charge in the Municipal Court and prosecute the same to final conclusion. (B) The certification of the City Attorney and the actions to be taken by the City Attorney shall be cumulative of all other remedies and procedures for the effectuation and enforcement of this ordinance and the prosecution of alleged violators of this ordinance. SECTION 12: Cooperation with Secretary of Housing and Urban Development The Committee and the Administrator are authorized and encouraged to cooperate with the Secretary 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 and may accept reimbursement from the Secretary for services rendered to assist him in carrying out the pro- visions of the above cited federal law. SECTION 13: 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, intimi- date or interfere with, or attempt to injure, intimidate or interfere with: (A) Any person because of his race, color, sex, religion or natio- nal origin and because he is or has been selling purchasing, renting, financing, occupying, or contracting or negotiating for the sale, pur- chase, 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; or (B) Any person because he is or has been, or in order to intimidate such person or any other person or class of persons from: (1) Participating, without discrimination on account of race, color, sex, religion, or national origin, in any of the activities, services, organizations or facilities described in subsection 13(a); or (2) Affording another person or class of persons oppor- tunity or protection so to participate; or (C) Any person because he is or has been or in order to discourage such person or any other person from lawfully aiding or encouraging other persons to participate, without discrimanation on account of race, color, sex, religion, or national origin, in any of the activities, services, organizations or facilities described in Section 13(A), or participating lawfully in speech or peaceable assembly opposing any denial of the opportunity so to partici- pate. SECTION 14: Any person, firm or corporation, violating the terms and provi- sions of this ordinance shall be deemed quilty of a misdemeanor, and upon conviction, shall be fined in a sum not to exceed Two Hundred Dollars ($200.00). SECTION 15: If for any reason any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be held invalid, it shall not affect any valid provisions of this or any other ordi- nance of the City of Schertz to which these rules and regulations regulate. SECTION 16: Thi~.9rdinance shall become effective from and after /.3 ~~ , 19~. SECTION 17: Publication of this ordinance shall be made by publication, one time, in the official newspaper of the caption of this ordinance. SECTION 18: This ordinance amends and readopts the provisions of Ordinance No 74-M-4 passed, adopted and approved on the 5th day of February, 1974. PASSED AND APPROVED, this the ~ day Of~, 19~9' . ;{?t,/{-j :B~./ Mayor Robert C. Bueker ATTEST: ,/' I DOBBINS. HARRIS a: GONZALEZ ATTORNEYS AT LAW WILL.IAM R DOBBINS RICHARD W. HARRIS OSCAR C. GONZALEZ 2200 TOWER LIFE BUILDING SAN ANTONIO, TEXAS 78205 TEL.EPHONE AREA CODE 512 223- 2641 STEPHEN ~ AL.LISON 31 March 1978 Mrs. June G. Krause City Secretary City of Schertz P. O. Drawer I Schertz, Texas 78154 Re: Readoption of Ordinance No. 74-M-4 Dear June: We have enclosed herewith a draft of the amended caption for Ordinance No. 74-M-4 and a paragraph 18 to be added to the ordinance as readopted. You can just simply recopy the original ordinance adding the provisions and amendments needed. Yours very truly, DOBBINS, HA~~~ GONZALEZ //;;?ZCo //J 0 L~ By Richard W. Harris RWH:maz Encl. I r AN ORDINANCE AMENDING ORDINANCE NO. 74-M-4; READOPTING SAID ORDINANCE NO. 74-M-4 AS AMENDED, DECLARING THE POLICY OF THE CITY OF SCHERTZ TO BE IN FURTHERANCE OF THE RIGHT OF EACH INDIVIDUAL TO PROVIDE HIMSELF AND HIS FAMILY A DWELLING, INCLUDING THE FINANCING THEREOF, WITHOUT REGARD TO RACE, COLOR, SEX, RELIGION, OR NATIONAL ORIGIN; DEFINING TERMS; ADOPTING REGULATIONS CONCERNING FINANCING OF DWELLING; PROVIDING REGULATIONS CONCERNING BROKERAGE SERVICES; PROVIDING CERTAIN EXEMPTIONS AND EXCLUSIONS; SETTING UP A PROCEDURE FOR THE HANDLING OF COMPLAINTS; OUTLINING THE DUTIES OF THE CITY ATTORNEY AND THE AUTHORITY OF THE ADMINISTRATOR; FORBIDDING INTIMIDATION CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PRO- VIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION SECTION 18 This ordinance amends and readopts the provisions of Ordinance No. 74-M-4 passed, adopted and approved on the 5th day of February, 1974. I PUBLISHER'S AFFIDAVIT The State of Texas } County of Guadalupe Before me, the undersigned authority, on this day personally appeared.....h............. ...........~.,.~L1!t~m....................................hm.m............, who being duly sworn says that he (shel is fhe ......h..r.~l>Jt!!b~.r.h......................m..m...... of .~.l],'..y.l1-.n~J:..~!I!~.~.............., a weekly newspaper published at ..ooo..$.!I!g\l.~~.............u....m...u..m.............u........ooo' in said county and state and that ......oooooo.u.h..........h.U~~~.~.C?~...mooo............ooo.............ooo...:......0,......, a copy of which is hereto attached, was published in said newspaper on .....000.000000............. 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County, Texas 7 'j-fII-" . ~OFlICHD'I'Z Amending OrdInance No. 74.M.4; readopting said Ordinaitce No. 74-M-4 81 amended~. declarilll! the CoIiey of tne City of SChertz o be in furtherance fi the right of each individual to r.rovide himself and his emily a dwelling, including the financing. thereof; without regar-d to race, color, sex, religion or national origin; deffnhtg tenns; adoptlilg regulations concerning ffnanclng of dwelling; proviCling regulations concerning hrokerage services; providing certain exemp. tions and exclusions; settiJ>Jl up a procedlD"e for the handling of complaints; outlinlnll the duties of the City. Attorne)' and the au- U10nty of the Ailmlnlstrator; forbidding intimidation containing a serverance clause i providlllJl a penalty; providing an effective date; and providing for publication. Approved at first reading the 4th day of April, 1978. June G. Krause City Secr~la~y (Ie