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RESO 2011-02 - Main Street sidewalks revised, 10/4/10RESOLUTION NO. 2011-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT MAIN STREET PROGRAM; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN MAIN STREET GRANT PROGRAM. WHEREAS The City desires to develop a viable urban community, including decent housing and a suitable living environment and expanding the economic opportunities,; and WHEREAS Certain conditions exist which represent a threat to public health and safety; and WHEREAS it is necessary and in the best interests of Huntsville to avail itself of the Texas Economic Development Main Street Program; NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that: SECTION 1: The City Council has reviewed and hereby approves an application for: Sidewalk Repair- $150,000 Administration - $ 40.000 Total Budget- $190,000 SECTION 2: The City Council has reviewed and hereby agrees to comply with all assurances executed in connection with the application and, if funded the award. SECTION 3; The City Manager is hereby authorized and directed to act on the city's behalf in all matters pertaining to this application. SECTION 4: The City Council has reviewed and hereby agrees not to participate in program income recapture and will return all program income to the State to be placed in a statewide Revolving Loan Fund to be used by the State to fund future economic development awards. By agreeing to this measure, the city /county understands that it will be eligible to receive as many Texas Capital Fund awards per program year as it has eligible projects. SECTION 5: The City commits itself, if funded, to appropriate 21% or $40,000 as matching funds and as a demonstration of its local support to the planning project SECTION 6: The City adopts the Citizen Participation Plan to provide guidelines to assist and encourage residents' involvement PASSED AND APPROVED this 4th day of October, 2010. AS TO FORM: Schneider, City Attorney CITY OF HUNTSVILLE CITIZEN PARTICIPATION PLAN The city of Huntsville, Walker 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 reasonably expected to participate. PUBLIC HEARING PROVISIONS For each public hearing scheduled and conducted by the city of Huntsville, Walker County, Texas, the following public hearing provisions shall be observed: (1) 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. (2) 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. (3) 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. COMPLAINT PROCEDURES The city of Huntsville, Walker 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 Rural Affairs' Complaint System at 10 TA.C. Part 6, Chapter 255, Subchapter A, Rule 255.1(f)(4). 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 Huntsville, Walker 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 must hold at least one public hearing /meeting prior to developing the application and submission of the application. (2) The city will retain documentation of the hearing /meeting notice(s), a listing of persons attending the hearing, minutes of the hearing, 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. (3) 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 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, 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. (4) The second public notice will include a reference to 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. (5) While more than one application can be discussed at a 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 Department or the Texas Department of Rural Affairs, proposed to be made in the use of TCDP funds from one eligible activity to another. (2) Upon completion of the TCF program activities, the city will hold a public hearing and review its program performance including the actual use of the TCF 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 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. 2) The City Manager shall, within five work days of receiving 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 unusual 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 Huntsville, Walker County, Texas, between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday (except holidays). 5) The city shall report the comment and complaint received and the action taken in its quarterly report to the Department of Agriculture and close -out documentation for the TCDP project. Passed and approved by the city of Huntsville, Walker County, Texas governing body on October 4, 2010. ili V Eel VIII Ddll IC