HomeMy WebLinkAboutOrdinance 25170-11-2021ORDINANCE NO. 25170-11-2021
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE SPECIAL PURPOSE FUND IN THE AMOUNT OF
S10,000.00, FOR THE PURPOSE OF PROVIDING PUBLIC INTEREST RELIEF
AND CONDUCTING ACTIVITIES TO AFFIRMATIVELY FURTHER FAIR
HOUSING; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2021-2022 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Special
Purpose Fund in the amount of $10,000.00, for the purpose of providing public interest relief and conducting
activities to affirmatively further fair housing.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 25073-09-2021 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
s-froyw gam` P G Ci
JB Strong (Nov n, 2021 08:50 CST)
Assistant City Attorney Ronald P. Gonzales
Acting City Secretary
ADOPTED AND EFFECTIVE: November 11.2021
8/25/2021 M&C Review
CITY COUNCIL AGENDA
Official site of the City of Fort Worth. Texas
FORT WoRTII
DATE: 8/4/2020 REFERENCE **M&C 20- LOG NAME: 12HRC LAWSUITS (ALL COUNCIL
NO.: 0478 DISTRICTS)
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Adopt Resolution Authorizing the City Attorney to File Lawsuits against Stoneybrook
Apartment Homes, Stoneybrook LP, and Madera Residential GP, LLC.; the Woods of
Eastchase, BJR Investments, LLC and Billy Roberts, Individually; the Polo Club
Apartments, Polo Partners and Alta Services Corp.; and James Brand, Individually for
Fair Housing Complaints Alleging Discrimination (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the City Attorney to
file lawsuits against: Stoneybrook Apartment Homes, Stoneybrook LP, and Madera Residential GP,
LLC.; the Woods of Eastchase, BJR Investments, LLC and Billy Roberts, Individually; the Polo Club
Apartments, Polo Partners and Alta Services Corp.; and James Brand, Individually.
DISCUSSION:
The United States Department of Housing and Urban Development ("HUD") and Fort Worth entered
into an agreement whereby Fort Worth investigates and prosecutes Fair Housing complaints. To that
end, the Fort Worth Human Relations Commission (FWHRC) conducted an investigation into four
complaints of discrimination in housing, Fair Housing Act violations. In each case, the FWHRC found
that reasonable cause exists to believe that discriminatory and/or retaliatory actions have
occurred. Fort Worth attempted to conciliate the cases through its Diversity and Inclusion Department,
but was unsuccessful. Pursuant to federal regulations and Fort Worth's ordinance, either the
complainant or respondent may elect to have the allegations tried in state district court. In the four
cases that are the subject of this M&C, such election has been made. Therefore, staff seeks Council
authority to file suit to vindicate the public's interest in the following matters:
1. Stoneybrook Apartment Homes, Stoneybrook LP, and Madera Residential GP, LLC, alleging
discrimination on the basis of race in housing;
2. The Woods of Eastchase BJR Investments LLC, and Billy Roberts, alleging discrimination based
on disability in housing;
3. Polo Club Apartments, Polo Partners and Alta Services Corp., alleging discrimination on the basis
of disability in housing; and
4. James Brand, alleging discrimination on the basis of sex in housing.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
TO
Fund Department
ID
FROM
Fund Department
ID
Account I Project I Program Activity I Budget I Reference #
ID I I Year I (Chartfield 2)
Account I Project Activity Budget Reference #
ID I Program I
I Year I (Chartfield 2)
Submitted for City Manager's Office by_ ALL ACMs (6222)
Amount
Amount
apps.cfwnet.org/council_packet/mc_review. asp?ID=28047&councildate=8/4/2020 1/2
8/25/2021
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
HRC RESOLUTION Final - SAC edits.doc
M&C Review
Sarah Fullenwider (7623)
Chris Mosley (7603)
Sarah Fullenwider (7623)
apps.cfwnet.org/council_packet/mc_review.asp?ID=28047&councildate=8/4/2020 2/2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/09/21
LOG NAME: 08FHAP SETTLEMENT
SUBJECT
M&C FILE NUMBER: M&C 21-0837
(ALL) Authorize Acceptance of a $10,000.00 Fair Housing Civil Penalty Payment in Settlement of the Lawsuit Entitled City of Fort Worth vs. BJR
Investments LLC, Roberts Realty Advisors, Inc., and Billy Jay Roberts to Vindicate Public Interest and Affirmatively Further Fair Housing and Adopt
Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of a $10,000.00 Fair Housing Civil Penalty Payment in settlement of the lawsuit entitled City of Fort Worth vs. BJR
Investments LLC, Roberts Realty Advisors, Inc., and Billy Jay Roberts to vindicate public interest and Affirmatively Further Fair Housing;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Purpose Fund in the amount of
$10,000.00 for the purpose of providing public interest relief and conducting activities to Affirmatively Further Fair Housing.
DISCUSSION:
The United States Department of Housing and Urban Development (HUD) and Fort Worth entered into an agreement whereby Fort Worth
investigates and prosecutes Fair Housing complaints. To that end, the Fort Worth Human Relations Commission (FWHRC) conducted a Fair
Housing investigation into allegations of discrimination in housing against BJR Investments LLC, Roberts Realty Advisors, Inc., and Billy Jay
Roberts, hereinafter collectively referred to as "Defendant(s)". At the conclusion of the investigation, the FWHRC found that reasonable cause
existed to believe that discriminatory and/or retaliatory actions occurred.
Fort Worth attempted to conciliate the complaint through its Diversity and Inclusion Department, but was unsuccessful. Pursuant to federal
regulations and Fort Worth's ordinance, either the complainant or respondent may elect to have the allegations tried in state district court.
Therefore, on August 4, 2020, the City Council authorized staff to file suit to vindicate the public's interest in this matter Mayor and Council
Communication (M&C 20-0478).
On April 16, 2021, the City of Fort Worth entered into a negotiated settlement agreement with Defendant(s), wherein Defendant(s) offered to settle
the claim against them in consideration of a civil penalty payment to the City of Fort Worth in the sum of Ten Thousand Dollars ($10,000.00).
The public interest relief, in the amount of Ten Thousand Dollar ($10,000.00) will be used to conduct activities to affirmatively further fair housing.
These activities may include, but are not limited to: informing people of their rights under the Fair Housing Act, conducting fair housing
training and/or developing fair housing materials for dissemination in the Fort Worth community.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds
will be deposited into the Special Purpose Fund. The Diversity and Inclusion Department (and Financial Management Services) is responsible for
the collection and deposit of funds due to the City. Prior to any expense being incurred, the Diversity and Inclusion Department also has the
responsibility to validate the availability of funds.
Submitted for City Manaaer's Office bv: Fernando Costa 6122
Oriainatina Business Unit Head: Christina A. Brooks 8988
Additional Information Contact:
Angela Rush 6155