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HomeMy WebLinkAboutR06-164RESOLUTION R06-164 A RESOLUTION OF THE CITY OF PLAINVIEW ADOPTING CITIZEN COMPLAINT PROCEDURES AND A CITIZEN PARTICIPATION PLAN FOR THE TEXAS COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the Texas Department of Housing and Community Affairs' Complaint System, 10 T.A.C. Sec. 178.1 and 178.2 requires the City of Plainview to adopt complaint procedures and a citizen participation plan to provide a timely written response to all complaints and grievances made against the City of Plainview, Hale County, Texas, Community Development Program; and WHEREAS, a copy of said policy is hereby attached and made a permanent part of this Resolution; NOW, THEREFORE, BE IT RESOLVED by the City of Plainview, Texas, that the attached Citizen Complaint Procedures and Citizen Participation Plan are hereby adopted for handling inquiries or complaints concerning the Texas Community Development Program. PASSED AND APPROVED this the 23~d day 9~ May, 2006. ,~ ~~~ hn C. Anderso ,Mayor City of Plainvie ATT ST: ifi~ Belinda Hinojosa, City Secretary Resolution RO6-164 Page 1 of 6 CITY OF PLAINVIEW, TEXAS CITIZEN COMPLAINT PRtJCEDURES for the TEXAS COMMUNITY DEVELOPMENT PROGRAM In order to comply with the Texas Department of Housing and Community Affairs' Complaint System, 10 T.A.C. Sec.178.1 and 178.2, the following citizen complaint procedures, adopted by the City of Plainview, Hale County, Texas, are intended to provide a timely written response to all complaints and grievances made against the City of Plainview, Hale County, Texas, Community Development Program efforts: A person who has a comment or complaint about the services funded or to be funded by a block grant administered by the City, may submit such comment or complaint in writing to the City Manager who is responsible for administering the block grant program. The City Manager shall, within five work days of receivir~g the comments or complaints, conduct an investigation into same, determine an appropriate response to same and so advise the person who made said comments or complaints, in writing. If, for any reason this cannot be done, the City Manager will, within five working days of receiving the comment or complaint, advise the person making the comment or complement, in writing, why the response cannot be provided within five working days of receiving the comment or Complaint and when a response can be expected. 3. The City Manager shall notify the person who made said comments or complaints, in writing, of the final results of any investigation conducted. Unless unusl.lal circumstances interfere, all investigative action and reports documenting the findings of same should be accomplished prior to the 15th working day after the comments or complaints were originally received. Should this final response be delayed, the person making the comments or complaints, must be so advised in writing, to include the problems being encountered and a new date for final resolution of the comment or complaint. 4. A copy of the above outlined comment and/or complaint procedures can be obtained at the city hall in the City of Plainview, Hale County, Texas, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday (except holidays) . Passed and approved by the City of Pla May 23, 2006. [seal of City] ATTEST: MA CITY MANAGER Hale County, Texas governing body on Resolution RO6-164 Page 2 of 6 CITY OF PLAINVIEW CITIZEN PARTICIPATION PLAN The City of Plainview, Hale County, Texas, shall comply with the following citizen participation plan requirements: 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 community development 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 disabled persons; 5. Provide for a timely written response to written complaints and grievances, within 15 working days where practicable; 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 reasonable expected to participate. PUBLIC HEARING PROVISIONS For each public hearing scheduled and conducted by the City of Plainview, Hale County, Texas, the following public hearing provisions shall be observed: Public notice of all hearings must be published at least three (3) calendar days prior to the scheduled hearing. The public notice must be published in a non-legal section of 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. Each public hearing shall 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 disabled person. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter will be present to accommodate the needs of the non-English speaking residents. Resolution R06-164 Page 3 of 6 COMPLAINT PROCEDURES The City of Plainview, Hale County, Texas, has in place written citizen complaint procedures that provide a timely written response to complaints and grievances. The complaint procedures comply with the requirements of the Texas Department of Housing and Community Affairs Complaint System, 10 TA.C. Sec 178.1 and 178.2. Citizens will be made aware of the location and hours at which times they may obtain a copy of these written procedures. TECHNICAL ASSISTANCE When requested, the City of Plainview, Hale County, Texas, will 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. The City will comply with the following citizen participation requirements for the preparation and Submission of an application to the Texas Community Development Program: 1. At a minimum, the City will hold at least one public hearing prior to developing the application and post a notice in the local newspaper regarding the community's desire to submit an application. 2. The public notices will be published at least 7 days apart. 3. The public hearing will be held in the applicant's jurisdiction. 4. The City will retain documentation of the hearings notice(s), a listing of persons attending the hearings(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. 5. The 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 lase 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, will be encouraged to submit their views and proposals regarding community development and housing needs. Citizens will be made aware of the location where they may submit their views and proposals should they be unable to attend the public hearing. 6. The second public notice will announce the applicant's intent to submit 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 actual 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. Resolution R06-164 Page 4 of 6 7. While more than one application can be discussed at a single public hearing e.g., if the applicant is considering both a Community Development Fund and a Texas Capital Fund application - a hearing held for the previous program year's submittal of the same application (under either fund) is not acceptable for meeting the requirements for any subsequent competition. The City will comply with the following citizen participation requirements in the event that it receives funding from the Texas Community Development Program: 1. The City will hold a public hearing concerning any substantial change, as determined by the Office Or Rural Community Affairs -Texas Community Development Program, 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 years after the project is closed out. Such records will be made available to the public in accordance with Texas Civil Statues, Article 6252-17a. CITIZEN PARTICIPATION PLAN COMPLAINT SYSTEM 1. A citizen who has a comment or complaint about the quality of services provided by any subcontractor for the City related to a Texas Community Development Program (TCDP) funded project or a comment or complaint related to any aspect of a TCDP project may submit such comment or complaint in writing to the Mayor. 2. The Mayor shall advise the complainant that his written comment or complaint will be presented to the City Council at the next regularly scheduled meeting of that body and the complainant shall be invited to attend the meeting to observe the action of the City Council. 3. The Mayor shall present the written comment or complaint to the City Council at its next regularly scheduled meeting and advise the Council that an investigation of the will be conducted. Further, he shall advise the Council that the findings of that investigation will be brought back to the Council at its next regularly scheduled meeting. The Mayor may, at his discretion, appoint a city staff person, a member of the City Council or a committee of the Council to investigate the complaint or he may conduct the investigation himself. 4. At the next regularly scheduled meeting of the City Council, the appointed person or committee or the Mayor shall present a report of its (his) findings. The City Council shall then vote to adopt or reject the report and approve the action to be taken in response to the complaint. The complainant shall be informed of the meeting and be invited to observe the deliberations and decision of the Council. 5. The decision of the City Council shall be carded out and, if necessary, a report shall be given by the Mayor at the next regularly scheduled meeting of the Council confirming that the action required by the Council was completed. If a final report of the resolution of the comment Resolution R06-164 Page 5 of 6 or complaint is to be provided at the next Council meeting, the complainant shall be so informed. 6. The City shall report the comment and complaint received and the action taken in its quarterly report to the Texas Department of Housing and Community Affairs and close-out documentation for the TCDP project. Passed and approved by the City of Plainview, Hale County, Texas governing body on May 23, 2006. [seal of City] MAYO ATTEST: CITY MANAGER: -" Resolution R06-164 Page 6 of 6