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HomeMy WebLinkAboutRes 99-004 Citizen Participation Plan - Grievance ProceduresCITY OF ANNA, TEXAS RESOLUTION NO. 9 9- 0 0 4 A RESOLUTION OF CITY OF ANNA, TEXAS, ADOPTING A CITIZEN PARTICIPATION PLAN, PROVIDING PUBLIC HEARING PROVISIONS, GRIEVANCE/COMPLAINT PROCEDURES, TECHNICAL ASSISTANCE, AND ESTABLISHING AN EFFECTIVE DATE Whereas, A grant to a locality under the Texas Community Development Program may be awarded only if the locality certifies that it is following a detailed citizen participation plan that provides for and encourages citizen participation at all stages of the community development program and has a written grievance/complaint procedure; and, Whereas, TCDP applicants and funded localities are required to carry out citizen participation in accordance with the following Citizen Participation Plan and Grievance/Complaint Procedure adopted by the Texas Department of Housing and Community Affairs for the Texas Community Development Program, now therefore BE IT RESOLVED THAT THE FOLLOWING REGULATIONS ARE HEREBY ADOPTED BY THE CITY COUNCIL OF CITY OF ANNA, TEXAS. ARTICLE 1 CITIZEN PARTICIPATION PLAN A. CITIZEN PARTICIPATION STATEMENT: City of Anna shall: (1) provide for and encourage citizen participation, emphasizing participation by persons of low and moderate income residing in slum and blight areas and in areas in which TCDP funds are proposed to be used; (2) provide citizens with reasonable and timely access to local meetings, information and records concerning the proposed and actual use of TCDP funds; (3) provide for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing TCDP proposals with the level and type of assistance to be determined by the City; (4) provide for public hearings to obtain citizen views and to respond to questions and proposals at all stages of the program, including at least the development of needs, the review of proposed activities, and a review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodations for handicapped persons; (5) provide for a timely written response to written complaints and grievances; and, (6) identify how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. Page 1 of 3 pages B. PUBLIC HEARING AND CITIZEN PARTICIPATION REQUIREMENTS PRIOR TO TCDP FUNDING: The following public hearing and citizen participation requirements of the Texas Community Development Program (TCDP) shall be observed by City of Anna: (1) In lieu of B(2) through B(11), the City may comply with the public hearing requirements for the TCDP as printed in the most current Application Guide for the Texas Community Development Program. (2) Public notice of all hearings will be published at least Seventy-two (72) hours [three (3) calendar days] prior to the scheduled hearing. The public notice will be published in a local newspaper. Each public notice will include the date, time, location and topics to be considered at the public hearing. If a published newspaper article is used to meet this requirement it will contain all of the above content and timing requirements. Notices will also be prominently posted in public buildings. (3) Each public hearing will be held at a time (generally after 5:00 PM on weekdays or on Saturdays) and location convenient to potential or actual beneficiaries and will include accommodation for persons with disabilities. (4) If the City expects a significant number of non-English speaking residents to participate in a public hearing, an interpreter will be present to accommodate the needs of the non-English speaking residents. (5) At a minimum, the City will hold at least one public hearing prior to developing the application and a second public hearing prior to submission of the application. (6) The public hearings will be held at least 7 days apart. (7) At least one of the public hearings will be held in the proposed project area. (8) The City will 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 a period of one year or until the project, if funded, is closed out. Such records will be made available to the public in accordance with Texas Civil Statutes, Article 6252-17a. (9) The first public hearing will include a discussion with citizens on the development of housing and community development needs, the amount of funding available, all eligible activities under the Texas Community Development Program, and the use of past TCDP 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. (10) The second public hearing will include a discussion of the proposed project, the amount of funds being requested, the estimated amount of funds proposed for activities that will benefit low/moderate income persons, and the plans of the locality to minimize displacement of persons and to assist persons actually displaced as a result of activities assisted with TCDP funds, if applicable. The notice will include the location and hours when the application is available for review. (11) The City may discuss more than one application at a single public hearing (e.g., if the City is considering both a Community Development Fund and a Planning and Capacity Building Fund application). However, a hearing held for the previous program year's submittal of the same application under either fund will not be used to meet the requirements for any subsequent competition. C. PUBLIC HEARING AND CITIZEN PARTICIPATION REQUIREMENTS AFTER TCDP FUNDING: The applicant will comply with the following citizen participation requirements in the event that the City receives funding from the Texas Community Development Program: Page 2 of 3 pages (1) The City will hold a public hearing concerning any substantial change, as determined by The Texas Department of Housing and Community Affairs, proposed to be made in the use of TCDP funds from one eligible activity to another. (2) Upon completion of the community development program activities, the City will hold a public hearing and review its program performance including the actual use of the TCDP funds. (3) The City will 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 actual use of funds for a period of three Statutes, Article 6252-17a. D. COMPLAINT PROCEDURES The City will comply with and does hereby adopt the attached, Exhibit A, Grievance/Complaint Procedures as required by the Texas Department of Housing and Community Affairs' Grievance/Complaint Procedure, 10 T.A.C. Sec. 1.11 and Sec. 1.13. E. TECHNICAL ASSISTANCE When requested, the City shall provide technical assistance to groups representative of persons of low and moderate income in developing proposals for the use of TCDP funds. The level and type of assistance shall be determined by the City based upon the specific needs of the community's residents. ARTICLE 2 REPEAL CLAUSE All parts of any Resolution in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. ARTICLE 3 SAVINGS CLAUSE If any provision of this Resolution shall be held to be invalid or unconstitutional, the remainder of such Resolution shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. ARTICLE 4 EFFECTIVE DATE This Resolution shall be effective as of April 1 3 , 1 9 9 9 PASSED AND APPROVED by the City Council of the City of Anna, Texas, by the following vote on this the 13th day of April .1999. AYE 3 NAY �— ABSTAIN 0 Page 3 of 3 pages EXHIBIT A COMPLAINT PROCEDURES RELATING TO SERVICES FUNDED BY THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS The following are procedural requirements for responding to local complaints concerning the quality of services provided by the City of Anna, Texas, related to services funded by the Texas Department of Housing and Community Affairs, as required by 10 T.A.C. Section 1.13 — Complaint System: (a) A recipient who has a comment or complaint about the quality of services funded by a block grant administered by the department may submit such comment or complaint in writing to the internal auditor of the department. (b) The internal auditor shall transmit a copy of the comment or complaint to the City of Anna, Texas, within two calendar days and request a response to the comments or complaints arising under the Texas Community Development Program. (c) The City of Anna, Texas, shall complete its investigation of the comment or complaint and submit its findings, in writing, to the internal auditor within seven (7) business days after the date the City received the comment or complaint, or notify the internal auditor within such period, of the date the investigation can be completed. (d) The executive director of the department shall notify the complainant of the department's and the City's findings before the fifteenth (15th) business day after the date the comment or complaint was received or shall notify the complainant, within such period, of the date the investigation can be completed. (e) The executive director of the department shall notify the complainant of the status of the complaint at least quarterly and until the final disposition of the complaint unless the notice would jeopardize an undercover investigation. (f) The department shall consider the history of complaints regarding the City of Anna, Texas, determining whether to enter into a new Texas Community Development Program contract with the contractor. The terms used above are defined in 10 T.A.C. Section 1.11.