HomeMy WebLinkAboutOrdinance 7801 ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 13A-49,
COMMITTEE HEARING�OF ARTICLE IV, FAIR
HOUSING, CHAPTER 13A OF THE CODE OF
THE CITY OF FORT WORTH, TEXAS, (1964) ,
AS AMENDED, PROVIDING FOR WAIVER OF
COMMITTEE HEARINGS; PROVIDING A PENALTY;
PROVIDING A SEVERABILITY CLAUSE;
REPEALING ORDINANCES IN CONFLICT HERE-
WITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Section 13A-49(b) of Article IV, Fair Housing,
Chapter 13A of the Code of the City of Fort Worth, Texas, (1964) ,
as amended, be and the same is hereby amended so that hereafter
the same shall be and read as follows:
"Sec. 13A-49. Committee hearing.
" (b) The Committee may set a date for a hearing
convenient to the parties if respondent or complain-
ant requests same. If respondent or complainant
does not request a hearing same shall be deemed to
have been waived and the matter may then be sub-
mitted to the City Attorney. At least five (5)
days ' prior written notice of the setting of any
such hearing shall be given to the person, or
persons, alleged to have committed or to be about
to commit the discriminatory housing practice.
Members of the hearing panel shall include members
of the Human Relations Commission in whole or in
part. The hearing shall be conducted in a fair
and impartial manner and shall be public as
required by Article 6252-17, V.T.C.S. Witnesses
appearing at such hearing may be required to
present testimony under oath or by solemn affirma-
tion. Evidence of the matter alleged within the
complaint may be presented by the City Attorney or
his Assistant. The complaint and the person or
persons alleged to have committed 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 to
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 pro-
vided above, then such hearing shall be deemed
waived by such person or persons."
SECTION 2.
Any person, firm or corporation violating the terms and
provisions of this ordinance shall be deemed guilty of a misde-
meanor and, upon conviction, shall be fined a sum not to exceed
Two Hundred Dollars ($200.00) .
SECTION 3.
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 ordinance of the City of Fort Worth to which these rules
and regulations relate, and the provisions hereof are declared to
be severable.
SECTION 4.
This ordinance shall repeal every prior ordinance and
provision of the Code of the City of Fort Worth in conflict
herewith, but only insofar as the portion of such prior ordinance
or provision shall be in conflict, and as to all other ordinances
or provisions of the Code not in conflict herewith, this ordinance
shall be and is hereby made cumulative.
SECTION 5.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law.
AL�E
FO ND LEGALITY
City Attor ey
ADOPTED:. � ,D r .r119�r-- %g
EFFECTIVE:, go. .a _tg7C
FILE'414MBAUGH
` City of Fort Worth, Texas
HSkCHERT 0-DELL
BAILIFF .Mayor and Council Communication
V
SMITH
STURNS DATE REFERENCE SUBJECT: PAGE
NUMBER
EFFT�A RAM 90'5/78 G-3916 Amendment to the Fair Housing Ordinance 1 of 1
In December, 1976, the City Council approved a series of amendments to the
Fair Housing Ordinance. Some months later it came to the attention of the
Human Relations Commission that certain language which should have been
included concerning the public hearing provision of the City's Fair
Housing Ordinance had been inadvertently omitted from the final amend-
ments presented to City Council. The omitted language would provide the
charging party (complaintant), as well as the respondent, the opportunity
to waive the public hearing where a reasonable cause finding had been
issued and would allow the Commission, if it so determined, to proceed
to certify the case to the City Attorney for prosecution.
Upon discovering that such language had been omitted, the Commission re-
queRted that the City Attorney draft the necessary language to amend the
Fair Housing Ordinance to provide the charging party (complaintant) the
right to waive the public hearing.
The Department of Law has prepared the necessary amendment for the Commission.
The proposed amendment is attached for City Council action.
Recommendation
It is recommended that the City Council adopt the attached amendment
to the Fair Housing Ordinance.
VS:jc
Attachment
SUBMITTED BY: DISPOSITIO BY COUNCIL: PR E�S��{OY
APPROVED 0 OTHER (DESCRIBE) //
MPTED ORDINANCE NO, '7 ��� CI SECRETARY
DATE
CITY MANAGER