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10 - APPROVE DOCUMENTS FOR TEXAS COMMUNITY DEVELOPMENT GRANT PROGRAMItem No. 10 memorandum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: REQUIRED CDBG DOCUMENTS DATE: March 11, 2015 BACKGROUND: As part of applying for the CDBG Disaster Relief storm debris cleanup reimbursement from the state, we learned that we do not have current, in -place versions of several state - mandated documents. Without these documents we will be ineligible to receive storm debris funds, or other federal grant funding. STATUS OF ISSUE: In order not to have to take new council action every time we request CDBG funding, we have prepared general procedures and resolutions that will cover the city for all such grant requests. The five documents required by the state and federal governments include: Complaint Procedures, Excessive Force Resolution, Section 3 policy and adopting resolution, and a Grievance Procedure. BUDGET: NA RECOMMENDATION: Adopt all attached mandated documents. Draft RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A SECTION 3 POLICY FOR THE CITY OF PARIS, TEXAS; DESIGNATING AN EQUAL RIGHTS OFFICER FOR THE CITY OF PARIS, TEXAS AS REQUIRED BY TXCDBG REGULATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of the City of Paris is committed to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended; and, WHEREAS, In accordance with TXCDBG Regulations, the City of Paris must adopt a Section 3 Policy and update this Policy annually; and WHEREAS, the Section 3 Policy strives to attain goals for compliance with Section 3 regulations by increasing opportunities for employment and contracting opportunities with Section 3 residents and businesses; and WHEREAS, the City Council hereby designates the Paris City Manager as the Equal Rights Officer to oversee implementation and enforcement of this plan in the areas of (1) Hiring, (2) Contracting, (3) Training and (4) Advertising for the City of Paris, Texas as required by TXCDBG regulations. 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 Section 3 Policy attached hereto and incorporated herein as Exhibit "A" be, and the same is hereby, approved. Section 3. That City Council hereby designates the Paris City Manager as the Equal Rights Officer to oversee implementation and enforcement of the Section 3 Policy. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 23rd day of March, 2015. Matt Frierson, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney Draft RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A SECTION 504 GRIEVANCE PROCEDURE AS REQUIRED BY THE HOUSING AND URBAN DEVELOPMENT REGULATIONS (24 CFR 8.4(A) IMPLEMENTING SECTION 504 OF REHABILITATION ACT OF 1973 (29 USC 794); DESIGNATING A GRIEVANCE OFFICER FOR THE CITY OF PARIS, TEXAS AS REQUIRED BY TXCDBG REGULATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to be eligible to apply for certain State or Federal Community Development Block Grant Funds, the City must adopt a Section 504 Grievance Procedure for disabled or handicapped persons; and WHEREAS, the Section 504 Grievance Procedure states, in part that, "No otherwise qualified handicapped individual shall, solely by reason of his handicap, be excluded from the participation in, denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance... "; and WHEREAS, the City Council hereby designates John Godwin, Paris City Manager as the Grievance Officer for the City of Paris, Texas under the Section 504 Grievance Policy. 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 City of Paris Section 504 Grievance Procedure attached hereto and incorporated herein as Exhibit "A" is hereby approved. Section 3. That City Council hereby designates John Godwin, City Manager as Section 504 Grievance Officer to oversee implementation and enforcement of the 504 Grievance Procedure as required by law. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 23rd day of March, 2015. Matt Frierson, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney Draft RESOLUTION NO. 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. Matt Frierson, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney CITY OF PARIS, TEXAS EXCESSIVE FORCE POLICY (To Be Incorporated into Paris Police Department Use of Force Policies Manual) ARTICLE I 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" Draft RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A COMPLAINT PROCEDURE FOR THE CITY OF PARIS, TEXAS FOR BLOCK GRANT PROJECTS FUNDED BY THE TEXAS DEPARTMENT OF AGRICULTURE; DESIGNATING JOHN GODWIN, CITY MANAGER TO HANDLE COMPLAINTS FOR THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to be eligible to receive block grant funds from the Texas Department of Agriculture, the City must adopt a Complaint Procedure for handling complaints filed against Texas Department of Agriculture block grant projects; and WHEREAS, the City Council hereby designates John Godwin, City Manager as the person in charge of reviewing and processing complaints filed against block grant projects as set out in the Complaint Procedure attached hereto as Exhibit "A ". 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 City of Paris Complaint Procedure for Texas Department of Agriculture block grant projects attached hereto as Exhibit "A" is hereby, approved. Section 3. That City Council hereby designates John Godwin, City Manager as Complaint Officer to receive and respond to local complaints submitted to the Texas Department of Agriculture concerning block grant projects in the City of Paris, Texas. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 23rd day of March, 2015. Matt Frierson, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney