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RESOLUTION NO. R19-445
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS ADOPTING AND/OR REAFFIRMING THE REQUIREMENTS OF
THE TEXAS CAPITAL FUND — MAIN STREET PROGRAM THROUGH
THE TEXAS DEPARTMENT OF AGRICULTURE AND DESIGNATING A
CIVIL RIGHTS OFFICER AND FAIR LABOR STANDARDS OFFICER AS
A PART OF THE GRANT PROGRAM.
WHEREAS, the City of Plainview, Texas, (hereinafter referred to as "City of
Plainview") has been awarded Texas Capital Fund — Main Street funding through a TCF-
MS grant from the Texas Department of Agriculture (hereinafter referred to as "TDA");
WHEREAS, the City of Plainview, 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; and
WHEREAS, the City of Plainview, 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 Plainview, 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 TCF-MS project area;
and
WHEREAS, the City of Plainview, 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 Plainview, in accordance with Executive Order 13166, must
take reasonable steps to ensure meaningful access to services in federally assisted
programs and activities by persons with limited English proficiency (LEP) and must have
an LEP plan in place specific to the locality and beneficiaries for each TCF-MS project;
WHEREAS, the City of Plainview, 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 0
Resolution R19-445
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Whereas, the City of Plainview 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 TCF-MS contract,
to affirmatively further fair housing; and
WHEREAS, the City of Plainview, agrees to maintain written standards of conduct
covering conflicts of interest and governing the actions of its employees engaged in the
selection, award and administration of contracts; and
WHEREAS, it is necessary to appoint a Civil Rights Officer and Labor Standards
Officer to serve during the project for the TCF-MS contract; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS, THAT THE CITY OF PLAINVIEW ADOPTS/REAFFIRMS THE
FOLLOWING:
Section I.
The City Council adopts and/or reaffirms the Citizen Participation Plan and
Grievance Procedures (Form A1013), Section 3 Policy (Form A1002), Excessive Force
Policy (Form A1003), 504 Policy and Grievance Procedures (Form A1004), Code of
Conduct Policy (Form Appendix C), Limited English Proficiency Plan (Form 1010), and
Fair Housing Policy (Exhibit 1015).
Section 11.
The City Council approves the appointment of Candace Clark to serve as the Labor
Standards Officer for the TCF-MS Contract and the Mayor is hereby authorized to sign
all documentation regarding such appointment.
Section 111.
The City Council approves the appointment of Belinda Hinojosa to serve as the
Civil Rights Officer for the TCF-MS Contract and the Mayor is hereby authorized to sign
all documentation regarding such appointment.
PASSED AND APPROVED this 25th day of June, 2019.
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Resolution R19-445
A
inda Hingfos4, City Secretary
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Resolution R19-445