HomeMy WebLinkAboutOrdinance 10093a~ : f ~. s
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ORDINANCE NO. /~D~,
AN ORDINANCE AMENDING PARAGRAPH (h) OF SECTION 17-70,
"CERTAIN PRACTICES NOT UNLAWFUL", OF CHAPTER 17, "HUMAN
RELATIONS", OF THE CODE OF THE CITY OF FORT WORTH (1986),
AS AMENDED, TO PROVIDE THAT DISCRIMINATION BASED ON THE
AGE OF PERSONS LESS THAN FORTY (40) IS NOT UNLAWFUL AND BY
REPEAL, THAT DISCRIMINATION BASED ON THE AGE OF PERSONS
MORE THAN SEVENTY (70) YEARS OF AGE IS UNLAWFUL; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER ORDI-
NANCES AND CODE PROVISIONS AND REPEALING ORDINANCES AND
CODE PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERA-
BILITY CLAUSE; PROVIDING FOR PUBLICATION IN A NEWSPAPER OF
GENERAL CIRCULATION; PROVIDING FOR ENGROSSMENT AND ENROLL-
MENT; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFEC-
TIVE DATE.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Paragraph (h) of Section 17-70, "Certain Practices Not
Unlawful", of Chapter 17, "Human Relations", of the Code of the City
of Fort Worth (1986), as amended, is amended to read as follows:
"(h) Nothing in this division shall be construed to
make unlawful discrimination based upon the ages of per-
sons who are less than forty (40) years old."
SECTION 2.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1986) , as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
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SECTION 3.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this ordinance shall be fined not more than
Two Hundred Dollars ($200.00) for each offense. Each day that a vio-
lation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Ordinance No. ~"~.~]$~ or any other ordinances affecting discrimi-
nation which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending liti-
gation, both civil and criminal, whether pending in court or not,
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under such ordinances, same shall not be affected by this ordinance
but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
Sections 1, 4 and 8 in the minutes of the City Council and by filing
the ordinance in the ordinance records of the City.
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption and Sections 1, 4 and 8 of this
ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Section 52.013, Texas Local
Government Code.
SECTION 8.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: 3'°" 2- ~ '~ ~ g
ADOPTED: ~ ~ ~~
EFFECTIVE:
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aTER ADMINISTRA'TiuN 4 ~~lj~®~
riUMAN .RE,LAfIUNS-1,
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DATE REFERENCE
NUMBER SUBJECT FORT WORTH CITY CODE CHANGE PAGE
4/12/88 TO REMOVE- UPPER LIMIT ON AGE DISCRIM- 1
G-7535 1 °f--
Recommendation
It is recommended that the City Council adopt the ordinance revising the Fort
Worth City Code, Chapter 17, Section 17-70, Paragraph (h) to remove the upper
limit of seventy (70) years of age on the protected class range, to bring the
section in line with current state and federal laws.
Discussion
Current state and federal laws do not contain an upper limit in age
discrimination cases. It is felt that the City of Fort Worth Human Relations
Commission can more effectively address age discrimination by similarly
removing the upper limit.
The Human Relations Commission has approved the proposed amendment to the City
Code.
Financing
No City financing is required.
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R~P~01I~D ~Y
CITY CpI~NCIL
ARR 12 1988
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City Secretary of the
City of Fort Worth, Texas
SUBMITTED FOR IFit
CITY MANAGER'S
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DISPOSITION BY COUNCIL...i y
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PROCESSED BY
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OFFIC p APPROVED Ci•Y of -e=
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ORIGINATING C OTHER (DESCRIBE)
DEPARTMENT HEAD
CITY SECRETARY
FOR ADDITIONAL INFORMATION //,{
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CONTACT o. - v
Adopted Ordinance
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