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HomeMy WebLinkAboutOrdinance - 2006-O0053 - Repealing 1923 Ordinance No. 225 Purported To Require African American District - 04/26/2006 (2)First Reading April 26. 2006 Item No. 6.11 Second Reading May 11,. 2006 Item No. 5.4 ORDINANCE NO. 2006~0053 AN ORDINANCE REPEALING CITY OF LUBBOCK ORDINANCE NO. 225 PURPORTED TO HAVE BEEN PASSED IN 1923 REQUIRING PERSONS OF AFRICAN DESCENT TO LIVE IN A PARTICULAR DISTRICT OF THE CITY OF LUBBOCK; PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, Volume 3, Page 132, of the Minute Book of the minutes of the City Council of the City of Lubbock contains a copy of an Ordinance No. 225, which Ordinance does not indicate a date of passage by the City Council and which may or may not have been passed on or about April27 or May 12, 1923, by the City Council of the City of Lubbock; and WHEREAS, such Ordinance, even if it was passed, which cannot be determined from the official records of the City of Lubbock, would have been repealed by implication when it was not brought forward and continued in the City Code of Ordinances adopted in 1959 by virtue of Ordinance No. 2720; and WHEREAS, due to the offensive and improper nature of said ordinance, which purports to require persons of African descent to reside in a particular district of the City of Lubbock and not elsewhere, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to make it abundantly clear that said Ordinance, if it was ever passed by the City Council of the City of Lubbock, is not the policy of the City Council of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; SECTION 1: THAT Ordinance No. 225 at Volume 3, Page 132, ofthe Minute Books of the City Council of the City of Lubbock, Texas, if it was ever in fact passed by the City Council, BE and is hereby REPEALED. SECTION 2. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 26th day of April Passed by the City Council on second reading this llthday of May '2006. '2006. ~~MAYOR ATTEST: ~~-<-~-Reb cca Garza, City Secretary APPROVED AS TO FORM: Ddord/Repea10rd22S Apri113, 2006 2 132 I. ORDilWICE NO& An Ordinance prescribing that portion of the C1t7 of Lubbock withih wh1ah negroes and persons of African descent. containing as much as one-eighth negro blood, shall reside. except bona fide servants residing on the place where. employed; forbidding persons to sell property outside of such disctict to negroes or persons containi~ as muoh as one-eighth negro blood; forbidding the rental of property outside such district to persons oontaining as much as one-eighth negro blood. providing penal ties. ··! and declaring an emergency account of negroes l~ving &n other districts and causing danger to health and pollution of the, .. a.t-mosphere. · . Be it ordained by the City Council {Commissio~) of the City of Lubbo~. Texas. Section 1 • . Bo negro or persons of African descent or con- taining as much ss one-eighth negro blood shall own property or reside thereon in ~ part of this city except· that part lying South of 16th. St. and laSt of Avenue c •• and no person shall rent or lease to any su~h negro or person of African descent or one containing as ·much as one- flighth negro blood outside of the terri tory limits, as::-.above. Section 2. Section 1 shall not apply to bona fide servants living on the premises of their employer; provided that· such servant or servants shall receive living quarters as a part of their compensation and that suoh servants shall be employed the major portion-of their ~ime by the family or persons on whose premises they reside. Section 3. Any person violating any part of this Ordiaance shall upon conviction. be punished by a fine of not m.oJ.·e than $200 and eaoh tr&n!:'- action or days residence shall constitute ·& separate ~f1,~e~· Section 4. . ... The fact that negroes and· perso~·of Af~ioan descent and persons containing as much as one-eighth'negro blo9d ·are residing in various portions of this city and their residence is ~~~erous to the health and pollutes the earth and atmosphere. cre~tes ~ eme~~Y and necessi tT th.at the removal of the caarter requiring a,n''or4i~-·to be read . at two several meetings be suspended and this o;r4~a.Dee ':be;t.~ted at the meeting of its inlflrroduction and ~f:f'eotive upon publio..,at~~~~... ·~ '· .. ·--"\"' • 'I !· •• ~ --:;.:1"" J.pproved this _day of ___ 1923 ... ~ J.tayor Oity ~!Lubbock. ~exas. _ ............. . ~· . ' < ,. .. ._ 4pproved as to form, R. A. Sowder. City A.ttorneJ"; •. · .. •,. ·.. . :·~ .s. 4\te • "