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HomeMy WebLinkAbout09011 ORD - 09/04/1968IMS:JKH:9-4-68 AN ORDINANCE DECLARING THE POLICY OF THE CITY 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, 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, PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t. DECLARATION OF POLICY (A) IT IS HEREBY DECLARED TO BE THE POLICY OF THE CITY OF CORPUS CHRISTI-TO BRING ABOUT, THROUGH FAIR, ORDERLY AND LAWFUL PROCEDURES, THE OPPORTUNITY FOR EACH PERSON TO OBTAIN HOUSING WITHOUT REGARD TO HIS RACE, COLOR, 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 FURTHER, THAT THE DENIAL OF SUCH RIGHTS THROUGH CONSIDERATIONS BASED UPON RACE, COLOR, RELIGION OR NATIONAL ORIGIN IS DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF THE CITY OF CORPUS CHRISTI 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 CORPUS CHRISTI COMMITTEE ON HUMAN RELATIONS. (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, STRUC- TURE OR PORTION THEREOF. 9011 \ (D) "FAMILY" INCLUDES A SINGLE INDIVIDUAL. (E) "PERSON" INCLUDES ONE OR MORE INDIVIDUALS, CORPORATIONS, PARTNER - SHIPSI 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 CHARACTER. (F) "TO RENT" INCLUDES TO LEASE, TO SUBLEASE, TO LET AND OTHERWISE TO GRANT FOR A CONSIDERATION THE RIGHT TO OCCUPY PREMISES NOT OWNED BY THE OCCUPANT. (G) "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 OFD OR OTHERWISE MAKE UNAVAILABLE OR DENY, A DWELLING TO ANY PERSON BECAUSE OF RACE, COLOR, RELIGION OR NATIONAL ORIGIN. (B) TO DISCRIMINATE AGAINST ANY PERSON IN THE TERMS, CONDITIONS, OR PRIVILEGES OF SALE OR RENTAL OF A DWELLINGS OR IN THE PROVISION OF SERVICES OR FACILITIES IN CONNECTION THEREWITH, BECAUSE OF RACE, COLOR, 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 DISCRIMI- NATION BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, OR AN INTENTION TO MAKE ANY SUCH PREFERENCE, LIMITATION OR DISCRIMINATION. (D) TO REPRESENT TO ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN THAT ANY DWELLING IS NOT AVAILABLE FOR INSPECTION, SALE OR RENTAL WHEN SUCH DWELLING IS IN FACT SO AVAILABLE. (E) FOR PROFITS OR WITH THE HOPE OR EXPECTATION OF PROFIT, TO INDUCE OR ATTEMPT TO INDUCE ANY PERSON TO SELL OR RENT ANY DWELLING BY REPRESENTATIONS REGARDING THE ENTRY OR PROSPECTIVE ENTRY INTO THE NEIGHBORHOOD OF A PERSON OR PERSONS OF A PARTICULAR RACE, COLOR, RELIGION OR NATIONAL ORIGIN. SECTION 4. DISCRIMINATION IN THE FINANCING OF HOUSING IT SHALL BE UNLAWFUL FOR ANY BANK, BUILDING AND LOAN ASSOCIATION1 -2- 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 APPLYING THEREFOR FOR THE PURPOSE OF PURCHASING, CONSTRUCTING, IMPROVING, REPAIRING 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 RACES COLOR, RELIGION OR NATIONAL ORIGIN OF SUCH PERSON OR OF ANY PERSON ASSOCIATED WITH HIM IN CONNEC- TION 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, RELIGION OR NATIONAL ORIGIN. SECTION 6. EXEMPTIONS 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 ANY ONE TIME: PROVIDED FURTHER, THAT IN THE CASE OF THE SALE OF ANY SUCH SINGLE - FAMILY HOUSE BY A PRIVATE INDIVIDUAL OWNER NOT RESID- ING IN SUCH HOUSE AT THE TIME OF SUCH SALE OR WHO WAS NOT THE MOST RECENT RESIDENT OF SUCH HOUSE PRIOR TO SUCH SALE, THE EXEMPTION GRANTED BY THIS SUBSECTION SHALL APPLY ONLY WITH RE- SPECT 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 EXPRESS 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 ANY ONE TIME: PROVIDED FURTHER, THE SALE OR RENTAL OF ANY SUCH ' -3- 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 BROKERI AGENT OR SALESMAN 'OR OF SUCH FACILITIES OR SERVICES OF ANY PERSON IN THE BUSINESS OF SELLING OR RENTING DWELLINGS, OR OF ANY EMPLOYEE OR AGENT OF ANY SUCH BROKERS AGENT, SALESMAN OR PERSON AND (B) WITHOUT THE PUBLICATION, POSTING OR MAILING OF ANY ADVERTISEMENT OR WRITTEN NOTICE IN VIOLATION OF SECTION 3(C) OF THIS ORDINANCE; BUT NOTHING IN THIS PROVISO SHALL PROHIBIT THE USE OF ATTORNEYS, ESCROW AGENTS, ABSTRACTORS, TITLE COMPANIES, AND OTHER SUCH PROFESSIONAL ASSISTANCE AS NECESSARY TO PERFECT OR TRANSFER THE TITLE; (Z) THE RENTAL OF ROOMS OR UNITS IN DWELLINGS CONTAINING LIVING QUARTERS OCCUPIED OR INTENDED TO BE OCCUPIED BY NO MORE THAN FOUR FAMILIES LIVING INDEPENDENTLY 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 ORGANIZA- TION, ASSOCIATION OR SOCIETY OR ANY NONPROFIT INSTITUTION OR ORGANIZATION OPERATED, SUPERVISED OR CONTROLLED BY OR IN CONJUNCTION WITH A RELIGIOUS ORGANIZATION, ASSOCIATION, 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 MEMBERSHIP IN SUCH RELIGION IS RESTRICTED ON ACCOUNT OF RACE, COLOR 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 PUR- POSES PROVIDES LODGINGS WHICH IT OWNS OR OPERATES FOR OTHER THAN A COMMERCIAL PURPOSE, FROM LIMITING THE RENTAL OR OCCUPANCY OF SUCH LODGINGS TO ITS MEMBERS. SECTION 7. COMPLAINTS (A) ANY PERSON WHO CLAIMS TO HAVE BEEN INJURED BY A DISCRIMINATORY HOUSING PRACTICE OR WHO BELIEVES THAT HE WILL BE IRREVOCABLY INJURED BY A DIS- CRIMINATORY HOUSING PRACTICE THAT IS ABOUT TO OCCUR (HEREAFTER REFERRED TO AS PERSON AGGRIEVED") MAY FILE A COMPLAINT WITH THE ADMINISTRATOR. SUCH COM- PLAINTS 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 REFERRAL OF COMPLAINTS FROM THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT PURSUANT oTO� THE PROVISIONS OF TITLE VIII - FAIR HOUSING ACT OF 1968, PUBLIC LAW 90 - -Z84, AND SHALL TREAT SUCH COMPLAINTS IN THE SAME MANNER AS COMPLAINTS FILED DIRECTLY BY THE PERSON AGGRIEVED. (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 ADMINISTRATOR 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 PERSONS HAVE COMMITTED A DISCRIMINATORY HOUSING PRACTICE AS TO WHICH NO COMPLAINT HAS BEEN FILED OR IS ABOUT TO BE FILED, THE ADMINISTRATOR MAY PRE- PARE AND FILE A COMPLAINT UPON HIS OWN MOTION AND IN HIS OWN NAME AND SUCH COMPLAINT 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 COMPLAINT. (F) A COMPLAINT UNDER SUBSECTIONS (A),(C), (D) AND (E) SHALL BE FILED WITHIN 180 DAYS AFTER THE ALLEGED DISCRIMINATORY HOUSING PRACTICE OCCURRED. 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. -5- SECTION 8. INVESTIGATION (A) UPON THE FILING OF A COMPLAINT AS HEREIN PROVIDED, THE ADMINIS- TRATOR SHALL CAUSE TO BE MADE A PROMPT INVESTIGATION OF THE MATTER STATED IN THE COMPLAINT. (B) IN CONNECTION WITH SUCH INVESTIGATION, THE ADMINISTRATOR MAY QUESTION AND TAKE AND RECORD TESTIMONY AND STATEMENTS OF SUCH PERSONS WHO APPEAR AND MAY EXAMINE, 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 OCCURRED, OR IS ABOUT TO OCCURS ATTEMPT BY INFORMAL ENDEAVORS TO EFFECT CONCILIATION, INCLUD- ING VOLUNTARY DISCONTINUANCE OR RECTIFICATION OF THE DISCRIMINATORY HOUSING PRACTICE AND VOLUNTARY COMPLIANCE AND ADEQUATE ASSURANCE OF FUTURE VOLUNTARY COMPLIANCE WITH THE PROVISIONS 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 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 RESPONDENTS IF ANY AND A FULL REPORT OF HIS INVESTIGATION AND ACTIVITIES IN THE MATTER. (B) THE COMMITTEE SHALL PROMPTLY SET A DATE FOR THE HEARING. THIS DATE SHALL BE WITHIN 30 DAYS OF THE DATE ON WHICH THE ADMINISTRATOR REFERRED THE COMPLAINT. AT LEAST 5 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 ADMINISTRATOR. THE COMPLAINANT 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 -6- 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 PERSON- ALLY 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 DETERMINE ON THE BASIS OF THE EVIDENCE AT THE HEARING THAT THE COMPLAINT IS WELL FOUNDED, THE COMMITTEE SHALL FORTHWITH BY PERSUASION, EDUCATION AND ENTREATY DILIGENTLY ATTEMPT TO SECURE WITHIN A REASONABLE TIME, NOT TO EXCEED 30 DAYS, VOLUNTARY DISCONTINUANCE OF ANY DISCRIMINATORY HOUSING PRACTICE. SECTION 10. CERTIFICATION TO CITY ATTORNEY IF THE COMMITTEE SHALL DETERMINE THAT A DISCRIMINATORY HOUSING PRACTICE HAS OCCURRED AND IF A HEARING BEFORE THE COMMITTEE ON THE COMPLAINT ALLEGING SUCH VIOLATION HAS BEEN WAIVED OR IF THE COMMITTEE HAS HELD A HEARING 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 OCCURRED AND REQUEST THE CITY ATTORNEY TO FORTHWITH PROSECUTE SUCH VIOLATION IN THE CORPORATION COURT OF THE CITY OF CORPUS CHRISTI. SECTION 11. LEGAL PROCEEDINGS (A) UPON CERTIFICATION BY THE ADMINISTRATOR PURSUANT TO THE DIREC- TION OF THE COMMITTEE, THE CITY ATTORNEY SHALL INSTITUTE A CHARGE IN CORPORATION COURT AND PROSECUTE THE SAME TO FINAL CONCLUSION. (B) THE CERTIFICATION TO 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 FOR 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 -7- REIMBURSEMENT FROM THE SECRETARY FOR SERVICES RENDERED TO ASSIST HIM IN CARRYING OUT THE PROVISIONS 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, INTIMIDATE, OR INTERFERE WITH OR ATTEMPT TO INJURE, INTIMIDATE OR INTERFERE WITH: (A) ANY PERSON BECAUSE OF HIS RACE, COLORS RELIGION OR NATIONAL ORIGIN AND BECAUSE HE IS OR HAS BEEN SELLING, PURCHASING; RENTING; FINANCING, OCCUPYING, OR CONTRACTING OR NEGOTIATING FOR THE SALE, PURCHASE, 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, 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 OPPORTUNITY 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 PARTICIPATEI WITHOUT DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN ANY OF THE ACTIVITIES SERVICES, ORGANIZA- TIONS OR FACILITIES DESCRIBED IN SUBSECTION 13 (A), OR PARTICIPATING LAWFULLY IN SPEECH OR PEACEABLE ASSEMBLY OPPOSING ANY DENIAL OF THE OPPORTUNITY SO TO PARTICIPATE. SECTION 14. ANY PERSON, FIRM OR CORPORATION, VIOLATING THE TERMS AND PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY 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 ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. IN SECTION 16. THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER OCTOBER 11 1968. 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. THE NECESSITY TO IMMEDIATELY ENACT THE PROVISIONS HEREINABOVE SET FORTH IN ORDER TO INSURE EACH INDIVIDUAL CITIZEN THE RIGHT TO PROVIDE HIMSELF AND HIS FAMILY A DWELLING, REGARDLESS OF RACE, COLOR, RELIGION OR NATIONAL ORIGIN, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THEDATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE 'f/)UIDAY of SEPTEMBER, 1968. ATTEST: /!Z' �&- -�A Lt4�i- CITY-SECOETARY / MAYOR APPROVED: ( /l/ HE CITY OF CORPUS CHRISTI, TEXAS DAY OF SEPTEMBER, 1968: I _ CITY ATIORNti( 0 CDR PUS CHRISTI, TEXAS (` /^ n DAY OF jczo d' TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE 14EETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. . RESPECTFULLY, OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON f/ BONNIE SIZEMORE V. A. "DICK" BRADLEY, JR /-' P. JIMENEZ, JR., M.D. Y GABE LOZANO, SR. ✓ KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, AIR � V P. JIMENEZ, JR., M.D. GABE LOZANO, SR. t KEN MCDANIEL W. J. "WRANGLER" ROBERT � PUBLISHER'6 AFFIDAVIT SATE OF TEXAS, I ' 'County of Nueces. }ss• Before me, the undersigned, a Notary Public, this day personally came ... ....:............. ............J Leland._ G*•._ BAYiie$ .... ........ .......... .... ......... who being first duly sworn, according to law, says that he is the Classified- _Advertising k1AZex- .... -_ of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of LEGAL -- Notice of Passage of Ordinance No 9011-- decl _aring. the ..policy.of•_the•__ citg"'Yright " "of' °9a ofi " " "indini'd'uaT "to 'provide fi3mseT & family a dwelling-- - of which the annexed is a true copy, was published in .................. ..•.-..` ' h§--- TiMQA.__•-•,----... ....••.....•••...-- ......•..� -. on the 3R... day of ......$.ept..amb- er........... 19.6t$.. m"x yDXKXXMb .......................... tbMX X— h=.......:................ -. = .......................... ............................... I:... ............ .Times. $ .. ............7.,.�ZS. .......... • Clad# r ana er Subscribed and sworn to before me this ...............�of Otober••.•._-- •..•-- ._,•••,•• 1 _fi8•. -•.••- Louise Vick _.........._ -- s County, Texas SEAL of the City of Co, , ISSUED UNDER My HAND AND Texas, this 26th day of SWs,rba�" T. RAY KRING, City S—t"y' :S%E'ALI City Of Corpus Christy, Texas vo to -L'. 7 W, id•. -vb"- h--) I,!% "IJ dl.