HomeMy WebLinkAbout2017-R-01 - CDBG RESOLUTION No. 2017-R-01
Regarding Civil Rights
WHEREAS, the City of Stephenville,Texas, (hereinafter referred to as"City of Stephenville") has been awarded
TxCDBG funding through a TxCDBG grant from the Texas Department of Agriculture (hereinafter referred to as
"TDA");
WHEREAS,the City of Stephenville, in accordance with Section 109 of the Title I of the Housing and Community
Development Act.(24 CFR 6);the Age Discrimination Act of 1975(42 U.S.C.6101-6107); and Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and for construction contracts greater than $10,000, must take
actions to ensure that no person or group is denied benefits such as employment, training, housing, and
contracts generated by the CDBG activity, on the basis of race, color, religion, sex, national origin, age, or
disability;
WHEREAS,the City of Stephenville, in consideration for the receipt and acceptance of federal funding, agrees
to comply with all federal rules and regulations including those rules and regulations governing citizen
participation and civil rights protections;
WHEREAS,the City of Stephenville, in accordance with Section 504 of the Rehabilitation Act of 1973, does not
discriminate on the basis of disability and agrees to ensure that qualified individuals with disabilities have
access to programs and activities that receive federal funds; and
WHEREAS, the City of Stephenville, in accordance with Section 808(e)(5) of the Fair Housing Act (42 USC
3608(e)(5))that requires HUD programs and activities be administered in a manner affirmatively to further the
policies of the Fair Housing Act,agrees to conduct at least one activity during the contract period of the TxCDBG
contract, to affirmatively further fair housing;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, that the
CITY OF STEPHENVILLE ADOPTS THE FOLLOWING:
1. Citizen Participation Plan and Grievance Procedures(Form A1013);
2. Section 504 Policy and Grievance Procedures (Form A1004); and
3. Fair Housing Policy(Exhibit 1015).
Passed and approved this 3rd day of January, 2017.
lry K. Weldon, II, Mayor
Attest:
� ,
Cindy Sta rd, City Secre #:y
THE CITY OF STEPHENVILLE
CITIZEN PARTICIPATION PLAN
TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Note to Grant Recipients regarding Limited English Proficiency(LEP)requirements:
In accordance with federal law, if there is a significant number of the population who are non-English speaking residents
and are affected by the TxCDBG project, such citizens should have 'meaningful access'to all aspects of the TxCDBG project.
To provide 'meaningful access', Grant Recipients may need to provide interpreter services at public hearings or provide non-
English written materials that are routinely provided in English. Examples of such vital documents include application,
complaint procedures, complaint procedures, answers to complaints, notices, notices of rights and disciplinary action, and
any additional documents that contain information that is critical for obtaining federal services and/or benefits, or is
required by law. For more information, see LEP.gov
COMPLAINT PROCEDURES
These complaint procedures comply with the requirements of the Texas Department of Agriculture's Texas Community
Development Block Grant (TxCDBG) Program and Local Government Requirements found in 24 CFR §570.486 (Code of
Federal Regulations). Citizens can obtain a copy of these procedures at the City of Stephenville, 298 W. Washington,
Stephenville,Texas 76401, 254-918-1292 during regular business hours.
Below are the formal complaint and grievance procedures regarding the services provided under the TxCDBG project.
1. A person who has a complaint or grievance about any services or activities with respect to the TxCDBG project,
whether it is a proposed, ongoing, or completed TxCDBG project, may during regular business hours submit such
complaint or grievance, in writing to the City Administrator, at City of Stephenville, 298 W. Washington,
Stephenville,Texas 76401or may call 254-918-1292.
2. A copy of the complaint or grievance shall be transmitted by the City Administrator to the entity that is the subject
of the complaint or grievance and to the City Attorney within five (5)working days after the date of the complaint
or grievance was received.
3. The City Administrator shall complete an investigation of the complaint or grievance, if practicable, and provide a
timely written answer to person who made the complaint or grievance within ten (10)days.
4. If the investigation cannot be completed within ten (10) working days per 3 above, the person who made the
grievance or complaint shall be notified, in writing, within fifteen (15) days where practicable after receipt of the
original complaint or grievance and shall detail when the investigation should be completed.
5. If necessary, the grievance and a written copy of the subsequent investigation shall be forwarded to the TxCDBG
for their further review and comment.
6. If appropriate, provide copies of grievance procedures and responses to grievances in both English and Spanish, or
other appropriate language.
TECHNICAL ASSISTANCE
When requested, the City shall provide technical assistance to groups that are representative of persons of low- and
moderate-income in developing proposals for the use of TxCDBG funds. The City, based upon the specific needs of the
community's residents at the time of the request, shall determine the level and type of assistance.
PUBLIC HEARING PROVISIONS
For each public hearing scheduled and conducted by the City,the following public hearing provisions shall be observed:
1. Public notice of all hearings must be published at least seventy-two (72) hours prior to the scheduled hearing.The
public notice must be published in a local newspaper. Each public notice must include the date,time, location, and
topics to be considered at the public hearing. A published newspaper article can also be used to meet this
requirement so long as it meets all content and timing requirements. Notices should also be prominently posted in
public buildings and distributed to local Public Housing Authorities and other interested community groups.
2. When a significant number of non-English speaking residents are a part of the potential service area of the TxCDBG
project, vital documents such as notices should be published in the predominant language of these non-English
speaking citizens.
3. Each public hearing shall be held at a time and location convenient to potential or actual beneficiaries and will
include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings
and the City must make arrangements for individuals who require auxiliary aids or services if contacted at least two
days prior to the hearing.
4. A public hearing held prior to the submission of a TxCDBG application must be held after 5:00 PM on a weekday or
at a convenient time on a Saturday or Sunday.
5. When a significant number of non-English speaking residents can be reasonably expected to participate in a public
hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents.
The City shall comply with the following citizen participation requirements for the preparation and submission of an
application for a TxCDBG project:
1. At a minimum,the City shall hold at least one (1) public hearing to prior to submitting the application to the Texas
Department of Agriculture.
2. The City shall retain documentation of the hearing notice(s), a listing of persons attending the hearing(s), minutes
of the hearing(s), and any other records concerning the proposed use of funds for three (3)years from closeout of
the grant to the state. Such records shall be made available to the public in accordance with Chapter 552, Texas
Government Code.
3. The public hearing shall include a discussion with citizens as outlined in the applicable TxCDBG application manual
to include, but is not limited to, the development of housing and community development needs, the amount of
funding available, all eligible activities under the TxCDBG program, and the use of past TxCDBG contract funds, if
applicable. Citizens, with particular emphasis on persons of low-and moderate-income who are residents of slum
and blight areas, shall be encouraged to submit their views and proposals regarding community development and
housing needs. Citizens shall be made aware of the location where they may submit their views and proposals
should they be unable to attend the public hearing.
4. When a significant number of non-English speaking residents can be reasonably expected to participate in a public
hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents.
The City must comply with the following citizen participation requirements in the event that the City receives funds from
the TxCDBG program:
1. The City shall also hold a public hearing concerning any substantial change,as determined by TxCDBG, proposed to
be made in the use of TxCDBG funds from one eligible activity to another again using the preceding notice
requirements.
2. Upon completion of the TxCDBG project,the City shall hold a public hearing and review its program performance
including the actual use of the TxCDBG funds.
3. When a significant number of non-English speaking residents can be reasonably expected to participate in a public
hearing,for either a public hearing concerning substantial change to the TxCDBG project or for the closeout of the
TxCDBG project, publish notice in both English and Spanish, or other appropriate language and provide an
interpreter at the hearing to accommodate the needs of the non-English speaking residents.
4. The City shall retain documentation of the TxCDBG project,including hearing notice(s),a listing of persons attending
the hearing(s), minutes of the hearing(s), and any other records concerning the actual use of funds for a period of
three (3) years from closeout of the grant to the state. Such records shall be made available to the public in
accordance with Chapter 552,Texas Government Code.
9L( .. �� i fo; l
Jerr K. Wgon, II, Mayor Date
Section 504 Policy Against Discrimination based on Handicap and Grievance Procedures
In accordance with 24 CFR Section 8, Nondiscrimination based on Handicap in federally assisted programs and activities of
the Department of Housing and Urban Development, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
794), and Section 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309), City of
Stephenville hereby adopts the following policy and grievance procedures:
1. Discrimination prohibited. No otherwise qualified individual with handicaps in the United States shall, solely by
reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and
Urban Development (HUD).
2. The City of Stephenville does not discriminate on the basis of handicap in admission or access to, or treatment or
employment in, its federally assisted programs and activities.
3. The City of Stephenville's recruitment materials or publications shall include a statement of this policy in 1. above.
4. The City of Stephenville shall take continuing steps to notify participants, beneficiaries, applicants and employees,
including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or
professional agreements with the recipients that it does not discriminate on the basis of handicap in violation of 24 CFR
Part 8.
5. For hearing and visually impaired individuals eligible to be served or likely to be affected by the TxCDBG program,
the City of Stephenville shall ensure that they are provided with the information necessary to understand and participate
in the TxCDBG program.
6. Grievances and Complaints
a. Any person who believes she or he has been subjected to discrimination on the basis of disability may file a
grievance under this procedure. It is against the law for the City of Stephenville to retaliate against anyone who
files a grievance or cooperates in the investigation of a grievance.
b. Complaints should be addressed to: City Administrator,City of Stephenville,298 W.Washington,Stephenville,
Texas 76401,who has been designated to coordinate Section 504 compliance efforts.
c. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and
briefly describe the alleged violation of the regulations.
d. A complaint should be filed within thirty(30)working days after the complainant becomes aware of the alleged
violation.
e. An investigation,as may be appropriate,shall follow a filing of a complaint.The investigation will be conducted
by the City Administrator. Informal but thorough investigations will afford all interested persons and their
representatives, if any, an opportunity to submit evidence relevant to a complaint.
f. A written determination as to the validity of the complaint and description of resolution, if any,shall be issued
by the City Administrator, and a copy forwarded to the complainant with fifteen (15) working days after the
filing of the complaint where practicable.
g. The Section 504 coordinator shall maintain the files and records of the City of Stephenville relating to the
complaints files.
h. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the
determination/resolution as described in f. above.The request for reconsideration should be made to the City
of Stephenville within ten working days after the receipt of the written determination/resolution.
i. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be
impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the U.S.
Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite
to the pursuit of other remedies.
j. These procedures shall be construed to protect the substantive rights of interested persons, to meet
appropriate due process standards and assure that the City of Stephenville complies with Section 504 and HUD
regulations.
t lc I05 -
Jerry K. eld.0 II, Mayor Date
Fair Housing Policy
In accordance with Fair Housing Act, the City of Stephenville hereby adopts the following policy with respect to the
Affirmatively Furthering Fair Housing:
1. The City of Stephenville agrees to affirmatively further fair housing choice for all seven protected classes (race,
color, religion, sex, disability,familial status,and national origin).
2. The City of Stephenville agrees to plan at least one activity during the contract term to affirmatively further fair
housing.
3. The City of Stephenville will introduce and pass a resolution adopting this policy.
As officers and representatives of the City of Stephenville, we the undersigned have read and fully agree to this plan, and
become a party to the full implementation of this program.
41 1 OSI 1
Jerry , . We ••n, II, Mayor Date