2016-020 - Requirements by TxCDBG Main Street Program from the Texas Department of Agriculture (TDA)RESOLUTION NO. 2016 -020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ADOPTING A CITIZEN PARTICIPATION PLAN AND GRIEVANCE
PROCEDURES; ADOPTING A SECTION 3 POLICY REGARDING JOB
TRAINING, EMPLOYMENT AND CONTRACTING OPPORTUNITIES FOR
SECTION 3 RESIDENTS; ADOPTING A SECTION 504 POLICY AND
GRIEVANCE PROCEDURES RELATING TO NONDISCRIMINATION BASED
ON HANDICAP IN IN FEDERALLY ASSISTED ACTIVITIES; REAFFIRMING
RESOLUTION 2015 -018 APPROVING A POLICY AGAINST THE USE OF
EXCESSIVE FORCE DURING NON- VIOLENT CIVIL RIGHTS
DEMONSTRATIONS; REAFFIRMING THE PROCLAMATION OF APRIL,
2016 AS "FAIR HOUSING MONTH" IN THE CITY OF PARIS, TEXAS;
DESIGNATING A CIVIL RIGHTS OFFICER; ALL AS REQUIRED BY TXCDBG
REGULATIONS TO OBTAIN FUNDING THROUGH A TXCDBG MAIN
STREET PROGRAM FROM THE TEXAS DEPARTMENT OF AGRICULTURE
(TDA); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris, Texas ( "City of Paris ") has been awarded Texas
Development Block Grant ( "TxCDBG ") funding through a TxCDBG Main Street Program
from the Texas Department of Agriculture ( "TDA "); and
WHEREAS, the City of Paris, 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 Community Development Block Grant ( "CDBG ") activity, on the basis of
race, color, religion, sex, national origin, age, or disability; and
WHEREAS, the City of Paris, 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; and
WHEREAS, the City of Paris, in accordance with Section 3 of the Housing and Urban
Development Act of 1968, as amended, and 24 CFR Part 135, is required, to the greatest
extent feasible, to provide training and employment opportunities to lower income
residents and contract opportunities to businesses in the TxCDBG project area; and
WHEREAS, the City of Paris, in accordance with Section 104(1) of the Housing and
Community Development Act, as amended, and State's certification requirements at 24 CFR
91.325(b)(6), must adopt an excessive force policy that prohibits the use of excessive force
against non - violent civil rights demonstrations; and
WHEREAS, the City of Paris, on March 23, 2015 in Resolution No. 2015 -018,
adopted such a policy prohibiting the use of excessive force against non - violent civil rights
demonstrations, a copy of which is attached hereto as Exhibit A and incorporated herein by
reference; and
WHEREAS, the City of Paris, 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 Paris, 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; and
WHEREAS, on March 28, 2016, the City of Paris proclaimed the month April, 2016
as "Fair Housing Month" in compliance with section 808(e)(5) of the Fair Housing Act (42
USC 3608(e)(5)), a copy of which proclamation is attached hereto as Exhibit B and
incorporated herein by reference; and
WHEREAS, the City of Paris is required to designate a Civil Rights Officer in
connection with the TXCDBG;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS HEREBY ADOPTS THE FOLLOWING:
1. Citizen Participation Plan and Grievance Procedures (Form A1013, attached hereto
as Exhibit C and incorporate herein by reference); and
2. Section 3 Policy (Form A1002, attached hereto as Exhibit D and incorporated herein
by reference); and
3. Section 504 Policy and Grievance Procedures (Form A1004, attached hereto as
Exhibit E and incorporated herein by reference); and
4. Form A1008 designating the City Manager as the Civil Rights Officer for the City of
Paris, Texas (attached hereto as exhibit F and incorporated herein by reference).
IT IS HEREBY FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS that the City of Paris reaffirms Resolution 2015 -018 (Excessive Force Policy, Exhibit
A hereto) and the proclamation of April, 2016 as Fair Housing Month in the City of Paris
(Exhibit B hereto).
Passed and approved this 13th day of June 2016.
.o=
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
RESOLUTION N0. 2015 -018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AN EXCESSIVE FORCE POLICY AS REQUIRED BY THE TEXAS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris has applied for CDBG Disaster Storm clean up funds
related to the December, 2013 ice storm in Paris, Texas; and
WHEREAS, in order to be eligible for State or Federal Community Development
Block Grant Funds, the City of Paris must adopt an Excessive Force Policy as approved by
State and Federal agencies; and
WHEREAS, the excessive force policy establishes rules and regulations regarding
the use of excessive force during nonviolent civil rights demonstrations including
physically barring entrance to a facility or location that is the subject of the demonstration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the Excessive Force Policy required by the Texas Community
Development Block Grant Program attached hereto as Exhibit "A" be adopted and
incorporated into the Paris Police Department's other policies on Use of Force, and the
same is hereby, approved.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 23rd day of March, 2015.
ATTEST: Matt Frierson, Mayor
C16":iics ED) in
nice Ellis, City Clerk
APPRO D 0 FORM:
W. Kent Mcllya , City Attorney
EXHIBIT
CITY OF PARIS, TEXAS
EXCESSIVE FORCE POLICY
(To Be Incorporated into Paris Police Department Use of Force Policies Manual)
ARTICLE 1
It is the policy of the City of Paris, Lamar County, Texas, to prohibit the use of excessive force by
the law enforcement agencies within its jurisdiction against any individual engaged in
non - violent civil rights demonstrations. The city also prohibits the physical barring of any
entrance to, or exit from, such a facility within its jurisdiction during normal business hours
except as may be required during an emergency situation.
ARTICLE II
It is the policy of the city to enforce this policy to the full extent allowed by law.
Exhibit "A"
PROCLAMATION
WHEREAS, The strength of our nation, and all of its states and cities, flows from
the promise of individual liberty, equality, and freedom of choice; and s
WHEREAS, Equal opportunity for all, regardless of race, color, religion, sex
handicap, familial status, or national origin is a fundamental goal of our nation and
state; and
WHEREAS, April 2016 marks the 48th anniversary of the passage of Title VIII of
the Civil Rights Act of 1968, popularly known as the Federal Fair Housing Act, and
WHEREAS, Barriers that diminish the rights and limit the options of any citizen
will ultimately diminish the rights and limit the options of all; and
WHEREAS, Fair housing is the policy of the City of Paris, Texas and
implementation of that policy requires the positive commitment, involvement and
support of each one of our citizens:
NOW, THEREFORE, 1, A.J. Hashmi, M.D., Mayor of the City of Paris, Texas, on
behalf of the citizens of Paris do hereby proclaim the month ofApri12016 as
"FAIR HOUSING MONTH"
in the City of Paris and do, hereby, urge all the citizens of Paris to become aware of and
support the practice of Fair Housing.
IN WITNESS WHEREOF,1 have hereunto set my hand and caused the seal of the
City of Paris to be axed this 28th day of March, 2016.
EXHIBIT
A101 3
THE CITY OF PARIS
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
Paris, P.O. Box 9037, Paris, Texas 75461 -9037, 903/784 -9202, 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 Civil Rights Officer at P.O. Box 9037, Paris,
Texas 75461- 9037or may call 903/784 -9202.
2. A copy of the complaint or grievance shall be transmitted by the Civil Rights Officer 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.
The Civil Rights Officer 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.
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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
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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.
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:
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.
Al
try
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n6IIA
Date
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Section 3 Policy
In accordance with 12 U.S.C. 1701 u the City of Paris agrees to implement the following
steps, which, to the greatest extent feasible, will provide gob training, employment and
contracting opportunities for Section 3 residents and Section 3 businesses of the areas
in which the program /project is being carried out.
A. Introduce and pass a resolution adopting this plan as a policy to strive to attain
goals for compliance to Section 3 regulations by increasing opportunities for
employment and contracting for Section 3 residents and businesses.
B. Assign duties related to implementation of this plan to the designated Civil Rights
Officer.
C. Notify Section 3 residents and business concerns of potential new employment
and contracting opportunities as they are triggered by TxCDBG grant awards
through the use of: Public Hearings and related advertisements; public notices;
bidding advertisements and bid documents; notification to local business
organizations such as the Chamber(s) of Commerce or the Urban League; local
advertising media including public signage; project area committees and citizen
advisory boards; local HUD offices; regional planning agencies; and all other
appropriate referral sources. Include Section 3 clauses in all covered solicitations
and contracts.
D. Maintain a list of those businesses that have identified themselves as Section 3
businesses for utilization in TxCDBG funded procurements, notify those
businesses of pending contractual opportunities, and make this list available for
general Grant Recipient procurement needs.
E. Maintain a list of those persons who have identified themselves as Section 3
residents and contact those persons when hiring/training opportunities are
available through either the Grant Recipient or contractors.
F. Require that all Prime contractors and subcontractors with contracts over
$100,000 commit to this plan as part of their contract work. Monitor the
contractors' performance with respect to meeting Section 3 requirements and
require that they submit reports as may be required by HUD or TDA to the Grant
Recipient.
G. Submit reports as required by HUD or TDA regarding contracting with Section 3
businesses and /or employment as they occur; and submit reports within 20 days
of calendar year end which identify and quantify Section 3 businesses and
employees.
H. Maintain records, including copies of correspondence, memoranda, etc., which
document all actions taken to comply with Section 3 regulations.
As officers and representatives of the City of Paris, we the undersigned have read and
fully Tree to this plan, and become a party to the full implementation of this program.
a6 / x
Signa
4itINIMinager Date
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Ir"'m [fill, 1
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), the City of Paris 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 Paris 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 Paris' recruitment materials or publications shall include a statement
of this policy in 1. above.
4. The City of Paris 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 Paris 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 Paris to retaliate against anyone who files a grievance
or cooperates in the investigation of a grievance.
b. Complaints should be addressed to: Civil Rights Officer, P.O. Box 9037,
Paris, Texas 75461 -9037, 903/784 -9234, 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.
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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 Civil Rights Officer. 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 Civil Rights Officer, 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
Paris 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
Paris within ten working days after the receipt of the written
determination /resolution.
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 Paris complies with Section 504 and HUD regulations.
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City /County:
Address:
Telephone Number:
Designation Form for Civil Rights Officer
City of Paris TxCDBG Contract # 7215182
P.O. Box 9037
Paris, Texas 75461 -9037
903/784 -9292
I, Dr. A. J. Ashmi, Mayor,do hereby appoint the City Manager
as the Civil Rights Officer for the City of Paris.
The Civil Rights Officer shall be responsible for the oversight and compliance of fair housing and equal
opportunity activities to be performed by the City of Paris, as required by the Texas Community
Development Block Grant Program Contract No. 7215182.
The Civil Rights Officer is responsible for being familiar with and adhering to all civil rights laws and
regulations pertaining to the Texas Community Development Block Grant Program, including those
described in the TxCDBG Implementation Manual and those listed in the TxCDBG contract.
Civil Rights Officer: L---
(Signature)
Appointed by:
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