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HomeMy WebLinkAboutOrdinance 8733< :~ • : s ra~~ ,~ ., ORDINANCE NO. ~~'~ - ~ '~~ AN ORDINANCE AMENDING CHAPTER 13A, "DISCRIMINATION", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (-1964), AS AMENDED, BY AMENDING SECTION 13A-48(b) TOs CORRECT=--P;~r TYPOGRAPHICAL ERROR IN A PRIOR ORDINANCE',_ ORDINANCE NO. 8673; PROVIDING THAT THIS ORDINANCE SHALL BE CUb1UL- ATIVE OF ALL OTHER ORDINANCES-OR PROVISIONS OF CHAPTER 13A; REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THEmCITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 13A-48(b) of Chapter 13A of the Code of the City of Fort Worth, Texas (1964), as amended, be, and the same is hereby amended to read as follows: "(b) In connection with such investigation, the administra- tor may question and take and record testimony and statements of such persons who appear, and may examine, record and copy documents which are produced. If, after requesting production of witnesses, information and documents from the parties, such witnesses, information and documents are not forthcoming, the administrator may notify the Commission. After approval of the City Attorney, the Commission may issue such notices and subpoenas as are necessary to assure production of such witnesses, information and documents." SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1964), 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of such ordinances and such code, in which event conflicting provisions of such ordi- nances and such code are hereby repealed. SECTION 3. That it is hereby declared to be the intention of the City Council of the City of Fort Worth, Texas, that the sections, par- agraphs, sentences, clauses and phrases of this ordinance are severable and, if any section, paragraph, sentence, clause or phrase of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or r ,i' .. .. ~. .. unconstitutionality shall not affect any~of..._the_.remaining sec- tions, paragraphs, sentences, clauses or phrases of this ordi- nance since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional section, paragraph, sentence, clause or phrase. SECTION 4. That any person, firm or corporation who violates, disobeys, 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 and No/100 Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and penalty clause and effective date of this ordinance for five (5) days in the offi- cial newspaper of the City of Fort Worth, Texas, as authorized by the TEX. REV. CIV. STATS., Art. 1176b-1. SECTION 6. This ordinance shall be in full force and effect from and after the date of passage and publication as above specified. APPROVED AS TO FORP~I AND LEGALITY: City Attorney Date: ~ ' 3 ` _ ~ 3 ADOPTED : 2 - ~'- EFFECTIVE: Z- !'j-S3 -2- ~~ ~ k ~~ d ~; ~, ~Cit~ ®f ' ~®rt `~~rt~,, ~ex~s 1'ER FIIE• 1'. MANAGER•L J ~'~l 4.~1~ (y/ ® U ~~~ ~1./®~~IL (l~~ ~./LLJ'~D~~ U II~~~IL.IL~~®~ avmrl,N .z e1~ 3AQRTAT ~tklAN Rfi C~ DATE 1i N~PU~ f(f' REFERENCE BER SUBJECT Amendment t0 Ordinance No 8673 PAGE /83 ~j ** G-5530 Pertainin to Fair Housin g g 1 _ i or_ I(~rao~:x Background On November 1, 1982 (M&C G-5469), the City Council adopted Ordinance No. 8673, thereby amending Chapter 13A, "Discrimination," of the Code of the City of Fort Worth, Texas (1964), as amended, with regard to fair housing Ordinance No 8673~sought to give to the Fort Worth Human Relations Commission (herein- _ after referred to as "HRC") powers substantially equivalent to those granted to-the United States Department of Housing and Urban Development (hereinafter referred to as "HUD") by the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968), so that HRC could process locally, charges of housing discrimination upon determination of substantial equivalency by HUD The ordinance amended the•-City's Fair Housing Ordinance by including language to insure that HRC could obtain the necessary testimony and documents essential to the investigation of a housing discrimination complaint An typographical error in Ordinance No $673, found therein after its adoption, altered the thrust of the amending language The erroneous provision reads " The administrator may question and take and record testimony and statements of such persons who appeal It should be corrected to read "...The administrator may question and take and record testimony and statements of such persons who afar. " Proposal The City Attorney has prepared an ordinance to correct that error in Ordinance No 8673, a copy of which is attached w• Financing This will not require any additional funds for HRC Recommendation It is recommended that the City Council adopt the attached ordinance which corrects an error in Ordinance No 8673, which Ordinance amended Chapter 13A, "Discrimination," of the Code of the City of Fort Worth, to meet federal substan- tial equivalency requirements for processing locally housing~i~n~t~'ion com- plaints CITY COUNCIL VS kc Attachment r~-4g, •~j 1983 _ ~~ SUBMITTED FOR THF~1 ~-` CITY MANAGER'S i ~ i ~ •n DISPOSITION BY COUNT; ~~~~r {~ ~y., KR~~ESSED BV nFFICE BY l (~ ,.~')„ (, 4,. ~ ' ( , ^ APPROVED ORIGINATING Bill Halt [ OTHER (DESCRIBE) DEPARTMENT HEAD• CITY SECRETARY FOR ADDITIONAL INFORMATsI,oa"rah Grace Ext 7622 AD CONTACT J PTED oRDIIVAI~cE ~~o . E g733