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.............
AP.~~.~...~~!.ooo~?7.~..ooo........m.m..............ooom.mm....mooo.......m....000..........................,000000000.......,.000
. - --.. .-.. .... -----... -- -----. n _. ...___ ___... no.... uo. _ 0.. _ n _.... _ ._0 __.... ... _ _ n _. n _.._..... _ __ _.__. on. _ .0. _ n..... _ .,. _ n__._ _0... on _ _.0...
__________u_._..........__._______...._....___.___._________..__....__.__..__._____._..........______......._...._..n....._.....__...........___.._.
------.-..-..............----..--..................-..........__..___..._...__n__n............__n_....__n___..........___.___......____n........
Subscribed and sworn to before me this the ............?~............m.,....,h.............. day of
~P.;:g...oooooo.........................., 19..1.~...
.....G.~......~~
Notary Public in and for
..U:ua1itlupe-..........m.......m..... 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