2016-035s:\ \legal \ourdocu ments \ordinances\ 16 \100F
ORDINANCE NO 2016 -035
AN ORDINANCE OF THE CITY OF DENTON FINDING AND DECLARING A
RESTRICTION CONTAINED IN THE 1933 DEED BETWEEN THE INDEPENDENT ORDER
OF ODD FELLOWS (IOOF) AND THE CITY OF DENTON CONVEYING THE SAID
CEMETERY TO THE CITY OF DENTON PROHIBITING THE USE OF THE SAID
CEMETERY FOR THE BURIAL OF NON -WHITE PERSONS TO BE ILLEGAL,
UNENFORCEABLE, UNCONSCIONABLE, CONTRARY AND REPUGNANT TO THE
PHILOSOPHY, PRINCIPALS AND BELIEFS OF THE CITY OF DENTON AND THAT THE
SAID RESTRICTIVE LANGUAGE SHALL NOT BE ENFORCED OR RECOGNIZED ON
ANY CITY -OWNED OR MANAGED PROPERTY AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in 1933, a deed between the International Order of Odd Fellows (IOOF) and
the City of Denton conveyed title to the IOOF Cemetery to the City of Denton; and,
WHEREAS, the said deed contained a restriction that the said cemetery shall be used for
the burial of white persons only; and,
WHEREAS, in 1948, the United States Supreme Court, in Shelley v. Kramer, held that
courts could not enforce racial covenants on real estate because such action would be contrary to
the United States Constitution including the equal protection clause of the Fourteenth Amendment;
and,
WHEREAS, the City of Denton has not enforced said deed restriction since at least 1948;
however; some citizens remain concerned about the deed language; and,
WHEREAS, the City Council of the City of Denton finds and declares that the said
restrictive language is illegal, unenforceable, unconscionable, contrary to the philosophy,
principals and beliefs of the City of Denton, and will not be enforced or recognized on any city
owned or managed property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION ,w1 . The above recitals are hereby found and declared to be true and correct and
are adopted herein for all purposes in their entirety.
SECTION 2. The language contained in the 1933 deed between the IOOF and the City of
Denton that the said cemetery shall be used for the burial of white persons only is found and
declared to be illegal, unenforceable, unconscionable, contrary and repugnant to the philosophy,
principals and beliefs of the City of Denton.
SECTION 3. The said restrictive language shall not be enforced or recognized on any city
owned or managed property.
SECTION 4. This ordinance shall be effective immediately upon it passage and approval.
s:\ \legal \ourdocuments \ordinances \I6 \IOOF
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PASSED AND APPROVED this the "� � day of 2016. , � ���.�� .....
CHRIS WATTS, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP1�0 I:'D AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
IS
BY: