HomeMy WebLinkAboutPR 25068: REQUESTING APPROVAL AND ADOPTING THE UPDATED TITLE VI PROGRAM, POLICIES, AND PROCEDURES OF THE CITY OF PORT ARTHUR www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: July 27, 2026
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Jessie Dehn, P.E., Director of Public Wore
RE: P.R. No. 25068—Authorizing the City Manager to approve the updated Title VI
program for the City of Port Arthur, Texas
Introduction:
This agenda item requests City Council's approval to authorize the City Manager to adopt the
updated Title VI Program for the City of Port Arthur, Texas, as required by the U.S.
Department of Transportation's Title VI regulations implementing the Civil Rights Act of
1964.
Background:
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or
national origin in any program or activity receiving federal financial assistance.
In accordance with the Civil Rights Act of 1964,the City of Port Arthur, Texas,must maintain
and submit an updated Title VI Program to demonstrate compliance with federal non-
discrimination regulations. The City has updated its Title VI Program for the 2026-2031
program cycle to ensure continued compliance.
The Title VI Program will be reviewed annually and revised as necessary to incorporate any
changes to federal laws and regulations,thereby ensuring the City's continued compliance with
all applicable federal requirements.
Budget Impact:
There is no budgetary impact.
"Remember,we are here to serve the Citizens of Port Arthur"
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 25068, authorizing the
City Manager to adopt the updated Title VI Program for the City of Port Arthur, Texas, as
required by the U.S. Department of Transportation's Title VI regulations implementing the Civil
Rights Act of 1964.
PR 25068
07/27/2026 LLJ-TNR
Page 1 of 3
RESOLUTION NO.
A RESOLUTION REQUESTING APPROVAL AND
ADOPTING THE UPDATED TITLE VI PROGRAM,
POLICIES, AND PROCEDURES OF THE CITY OF PORT
ARTHUR, TEXAS, IN ACCORDANCE WITH TITLE VI OF
THE CIVIL RIGHTS ACT OF 1964 AND APPLICABLE
UNITED STATES DEPARTMENT OF TRANSPORTATION
REQUIREMENTS
WHEREAS,Title VI of the Civil Rights Act of 1964,42 U.S.C. § 2000d et seq.,prohibits
discrimination on the basis of race,color,or national origin under any program or activity receiving
federal financial assistance; and
WHEREAS, the City of Port Arthur is a recipient of federal financial assistance and is
therefore required to comply with applicable federal civil rights laws,regulations, assurances, and
requirements governing the receipt and administration of such assistance; and
WHEREAS, the United States Department of Transportation ("USDOT") has
promulgated regulations implementing Title VI of the Civil Rights Act of 1964, including 49
C.F.R. Part 21, which establishes requirements applicable to recipients of federal financial
assistance from the USDOT; and
WHEREAS, the Civil Rights Restoration Act of 1987 clarified the scope of federal civil
rights protections by providing that the prohibition against discrimination applies to all of the
operations of a recipient of federal financial assistance, as provided by applicable federal law; and
WHEREAS, the City acknowledges its obligation to comply with applicable Title VI
assurances and requirements imposed by the Federal Highway Administration and other USDOT
operating administrations, as applicable to the City's receipt and administration of federal financial
assistance; and
WHEREAS, the City has prepared an updated Title VI Program establishing policies,
procedures, responsibilities, and measures intended to ensure compliance with applicable Title VI
requirements and to provide an informational resource for City personnel, federal funding
agencies, and members of the public; and
WHEREAS, the updated Title VI Program is attached hereto as Exhibit "A" and
incorporated herein for all purposes; and
WHEREAS, the City Council finds that approval and adoption of the updated Title VI
Program is necessary and in the best interest of the City to promote compliance with applicable
federal civil rights requirements and to facilitate the City's continued eligibility for and
administration of federal financial assistance; and
PR 25068
07/27/2026 LLJ-TNR
Page 2 of 3
WHEREAS, the City intends to periodically review and update its Title VI Program,
including at least every five (5) years, or more frequently as necessary to reflect changes in
applicable law, federal requirements, City operations, or Title VI compliance procedures
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,
TEXAS:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Council hereby approves and adopts the updated Title VI Program,
policies, and procedures of the City of Port Arthur, Texas, attached hereto as Exhibit "A", and
authorizes implementation of the Program in accordance with applicable federal law,regulations,
and funding-agency requirements.
THAT, the City's Title VI Program shall be reviewed periodically and updated as
necessary, including at least once every five(5)years,to reflect changes in applicable federal law,
regulations, guidance, funding requirements, City operations, and Title VI compliance practices.
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this the day of
, A.D. 2026, at a meeting of the City of Port Arthur,
Texas,by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Charlotte M. Moses, Mayor
ATTEST:
Christe Whitley Ned, TRMC
City Secretary
.. ........... .
PR 25068
07/27/2026 LLJ
Page 3 of 3
APPROVED AS TO FORM:
Roxann Pais Cotroneo, Esq.
City Attorney
APPROVE OR ADMINISTRATION:
eft*
Mkt
Ronald BI 'I 'M
City Mana
Jessie Dehn
P.E., Director of Public Works
APPROVED FOR AVAILABILITY OF FUNDS:
(AI kui
Clifton E. Williams, Jr., CPPB
Purchasing Manager
Lynda Boswell, ICMA-CM, MA
Director of Finance
P.R. No. 25068
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City of Port Arthur1 TX
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Title
Nondiscrimination
Plan
Contents
Introduction 3
Discrimination under Title VI 3
Authorities 5
Title VI Policy Statement 5
Standard DOT Assurances 5
Organization and Staffing 6
Primary Program Area Descriptions& Review Procedures 7
Data Collection and Analysis 8
Title VI Complaint Procedures 9
Scope of Title VI Complaints 9
How to File a Formal Title VI Complaint 10
Complaint Log 13
Notice of Rights 13
Notification to Beneficiaries 13
Public Involvement 13
Language Assistance and Limited English Proficiency 15
Training 16
ATTACHMENT 1 17
ATTACHMENT 2 19
The United States Department of Transportation (USDOT) Standard Title VI/Nondiscrimination
Assurances 20
ATTACHMENT 3 24
City of Port Arthur, TX - Title VI Plan 12
Introduction
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race,
color, or national origin in any program or activity receiving federal financial
assistance. Several other federal legal
authorities supplement Title VI by extending protections based on age, sex, and
disability. In addition, the Civil Rights Restoration Act of 1987 clarified Title VI
enforcement by mandating that Title VI
requirements apply to all programs and activities of federal-aid recipients regardless of
whether any particular program or activity involves federal funds. Taken together,
these laws require recipients and subrecipients of federal funds to ensure all programs
and services are delivered to the public without discrimination.
CITY OF PORT ARTHUR, as a recipient of federal financial assistance, will ensure full
compliance with Title VI of the Civil Rights Act of 1964; 49 C.F.R. Part 21
(Department of Transportation Regulations for the Implementation of Title VI of the
Civil Rights Act of 1964); 49 C.F.R. Part 21; and related statutes and regulations.
CITY OF PORT ARTHUR acknowledges it is subject to and will comply with Federal
Highway Administration Title VI Assurances.
This plan explains how CITY OF PORT ARTHUR incorporates the requirements of
Title VI and related legal authorities into its operations. The plan will be used as a
reference for CITY OF PORT ARTHUR and an informational resource for the public.
The plan will be updated every 5 years to reflect changes in Title VI compliance
operations.
Discrimination under Title VI
It is the responsibility of every CITY OF PORT ARTHUR employee to prevent,
minimize, and eradicate any form of discrimination. There are two types of
discrimination prohibited under Title VI and its related statutes: (1) disparate
treatment that alleges similarly situated persons are treated differently
because of their race, color, or national origin (i.e., intentional discrimination);
and (2) disparate impact/effects when a facially neutral policy, procedure, or
practice results in different or inferior services or benefits to members of a
protected group. The focus of disparate impact is on the
consequences of a decision, policy, or practice rather than the intent.
City of Port Arthur, TX - Title VI Plan 13
Prohibited forms of discrimination may include, but not be limited to, the following:
• The denial of services, financial aid, or other benefits provided under a program;
• Distinctions in the quality, quantity, or manner in which a benefit is provided;
• Segregation or separation of persons in any part of the program;
• Restriction in the enjoyment of any advantages, privileges, or other
benefits provided to others;
• Differing standards or requirements for participation;
• Methods of administration that directly or indirectly, or through contractual
relationships would defeat or impair the accomplishment of effective
nondiscrimination; or
• Discrimination in any activities or services related to a highway,
infrastructure or facility built or repaired in whole or in part with federal
funds.
City of Port Arthur efforts to prevent such discrimination must address, but
not be limited to, how a program or activity:
• Impacts the public;
• Provides accessibility;
• Provides equal access to benefits;
• Encourages participation;
• Provides services equitably;
• Initiates contracting and training opportunities;
• Investigates complaints;
• Allocates funding; and
• Prioritizes projects.
City of Port Arthur, TX - Title VI Plan 14
Authorities
The authorities applicable to City of Port Arthur Title VI/Nondiscrimination Program
include:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78
stat. 252), (prohibits discrimination on the basis of race, color, national
origin);
• 49 CFR Part 21 (entitled Nondiscrimination in Federally-Assisted Programs
of the Department of Transportation-Effectuation of Title VI of The Civil
Rights Act of 1964);
• 23 CFR Part 200 (FHWA's Title VI/Nondiscrimination Regulation);
• 28 CFR Part 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964); and,
• Texas Administrative Code §9.4, Civil Rights - Title VI Compliance
Title VI Policy Statement
It is the policy of City of Port Arthur that no person shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination in any operation of City of Port Arthur as
provided by Title VI of the Civil Rights Act of 1964 and related statutes.
This policy applies to all operations of City of Port Arthur, including its contractors
and anyone who acts on behalf of City of Port Arthur. This policy also applies to the
operations of any department or agency to which City of Port Arthur extends
federal financial assistance. Federal financial assistance includes grants, training,
use of equipment, donations of surplus property, and other assistance.
The nondiscrimination statement signed by City of Port Arthur City Manager, Ronald
Burton, is included as Attachment 1.
Standard DOT Assurances
The U.S. DOT requires that federal financial assistance be provided on the
condition that the recipient provides an assurance that its programs and activities
will be conducted in compliance with Title VI of the Civil Rights Act of 1964. The
City of Port Arthur, TX - Title VI Plan 15
requirement is located at 49 CFR 21.7(a). To support the
implementation of this requirement, the U.S. DOT provided an assurances
agreement in U.S. DOT Order 1050.2A that federal fund recipients and
subrecipients must sign as a condition of receiving federal financial assistance.
The assurances agreement provides specific non-discrimination language, City of
Port Arthur, is required to include in bid solicitations or requests for proposal,
contracts, and real estate agreements. City of Port Arthur is committed to ensuring
the necessary language is used as prescribed in the assurances
agreement.
In accordance with this requirement, City of Port Arthur has signed the U.S. DOT
Standard Title VI/Non-Discrimination Assurances and Appendices. The documents
are attached as Attachment 2 and Attachment 3.
Organization and Staffing
The City Manager is ultimately responsible for assuring full compliance with the
provisions of Title VI of the Civil Rights Act of 1964 and related statutes and has
directed that non-discrimination is
required of all agency employees, contractors, and agents pursuant to 23 C.F.R. Part
200 and 49
C.F.R. Part 21.
City of Port Arthur has assigned Jessie Dehn, Director of Public Works, to perform the
duties of the Title VI Coordinator and ensure implementation of the agency's Title VI
Iprogram. The position of Director of Public Works is located within the Public Works
Department.
The Title VI Coordinator is responsible for:
• Maintaining and updating the Title VI plan on the agency's behalf;
• Ensuring relevant agency staff receive necessary Title VI training;
• Ensuring prompt processing of Title VI complaints and referral to
Texas Department of Transportation;
• Developing procedures for the collection and analysis of statistical data;
City of Port Arthur, TX - Title VI Plan I 6
• Developing a program to conduct Title VI reviews of program areas; and
• Developing Title VI information for dissemination internally and externally;
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Figure 1-Public Works Department Organizational Chart
Primary Program Area Descriptions & Review
Procedures
The City of Port Arthur engages in the following program areas:
Program Area and Title VI/Non-Discrimination Review Procedures for
General Description Concerns and Responsibilities Ensuring Non-Discrimination
Right of Way: Issues public ; Public right of way permits and Reviewing permits and relocations
right of way permits for relocations should not create to ensure nondiscrimination.
construction, transportation, ! unfair burdens.
business, and other
activities.
Contracting: Maintaining an open and fair Reviewing contracts for necessary
Develops and manages bidding process for all contracts. Title VI language.
contracts and contracting
opportunities, including Ensure Title VI Assurances Reviewing any available data on
specifications, bidding appendices are included in contract recipients to ensure
process, and contract ' contracts as specified within the nondiscrimination in contracting.
execution. assurances document.
Reviewing bidding procedures to
ensure nondiscrimination and
equal opportunity.
City of Port Arthur, TX - Title VI Plan 17
Planning: I Ensuring comprehensive public Review planning decisions to
Short-term and long- participation to ensure all ensure nondiscrimination.
term planning of stakeholders have a chance to
transportation projects. voice their opinions. Reviewing public engagement
activities periodically to determine
Collecting demographic data from whether engagement opportunities
public engagement activities were offered to all communities.
regarding demographics of public
participants. Providing language Documenting language access
access as needed. requests.
Public Engagement: Comprehensive public partidpation Reviewing public engagement
Coordinates public to ensure all stakeholders have activities periodically to determine
engagement activities for an opportunity to voice their whether engagement opportunities
planning and project opinions. were offered to all communities.
development, as well as
relationship-building Providing language access as Documenting language access
engagement activities. needed. requests.
Disseminating Title VI
information to the public to
ensure they are aware of their
rights to be free from
discrimination.
Maintenance: Ensuring no communities are Reviewing resources provided
Services roadways and right subject to a disparate lack of to the community and
of ways, including, but not maintenance services based on a determining whether any
limited to, providing: protected class. protected class communities
- Repair have disproportionately
- Signage benefited or been harmed by
- Drainage the delivery of maintenance
- Solid Waste Collection services.
Data Collection and Analysis
Program Type of Data Collected & Process for Purpose for Collecting the
Area Collecting Data
Right of Way Collecting demographic data from property Ensuring right of way activities
owners who may be subject to right of way do not disproportionately affect
activities by including inputs for demographic individuals or groups based on
data on the field title report form. a protected class status.
Contracting Identifying contractors who are a: Ensuring equal opportunity in
- Disadvantaged Business Enterprise (DBE) contracting to all individuals
Historically Underutilized Business (HUB) and groups.
- Small Business Enterprise SBE
Planning Reviewing data from the U.S. Census Ensuring project impacts do
Bureau and other credible sources to not disproportionately impact
determine demographic make-up of the local any individuals or groups based
community. on a •rotected class status.
Public Reviewing data from the U.S. Census Ensuring communications and
Engagement Bureau and other credible sources to interactions with the public
determine demographic make-up of the local sufficiently reach all local
community. demographics.
Maintenance Reviewing maintenance activities by Ensuring no communities are
geography and demographic makeup of subject to a disparate lack of
communities receiving the maintenance maintenance services based on
services a protected class.
City of Port Arthur, TX - Title VI Plan 18
Potential sources of data and analysis tools include:
• Census Data
• American Community Survey
• School Districts
• Forms or Surveys from the public
• MPO Committees (e.g., Citizen Advisory Committees)
• Field Observations
Title VI Complaint Procedures
Scope of Title VI Complaints
No person or groups of persons shall, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under any and all
programs, services, or activities administered by City of Port Arthur, and its
contractors on the grounds of race, color, or national origin. The scope of Title VI
covers all internal and external activities of City of Port Arthur.
The following types of actions are prohibited under Title VI protections (See 49 C.F.R.
21.5):
• Excluding individuals or groups from participation in programs or activities
• Denying program services or benefits to individuals or groups
• Providing a different service or benefit or providing them in a manner
different from what is provided to others
• Denying an opportunity to participate as a member of a planning, advisory or
similar body that is an integral part of the program
• Retaliation for making a complaint or otherwise participating in any manner
in an investigation or proceeding related to Title VI of the Civil Rights Act of
1964
City of Port Arthur, Tx - Title VI Plan 19
How to File a Formal Title VI Complaint
Any person(s) or organization(s) believing they have been discriminated against on the
basis of the protected classes stated above by City of Port Arthur or its contractors
may file a Title VI complaint.
Discrimination complaints must be received no more than 180 days after the
alleged incident
unless the time for filing is extended by the processing agency.
Complaints should be in writing and signed and may be filed by mail, fax, in person,
or e-mail. A complaint should contain the following information:
• A written explanation of the alleged discriminatory actions;
• The complainant's contact information, including, if available: full name,
postal address, phone number, and email address;
• The basis of the complaint (e.g., race, color, national origin, etc.);
• The names of specific persons and respondents (e.g.,
agencies/organizations) alleged to have discriminated;
• Sufficient information to understand the facts that led the complainant to
believe that discrimination occurred in a program or activity that receives
Federal financial assistance; and
• The date(s) of the alleged discriminatory act(s) and whether the alleged
discrimination is on-going.
Complainants are encouraged to submit complaints directly to the City of Port Arthur,
TX. Complaints can also be filed by completing and submitting the Title VI Complaint
Form available at (https://www.txdot.gov/about/programs/civil-rights/title-vi-
nondiscrimination.html) or by sending an email or letter with the necessary
information to:
City of Port Arthur
Mailing Address: 444 4th Street, Port Arthur, TX 77640
City of Port Arthur, TX - Title VI Plan 110
Email: hr@portarthurtx.gov
Phone: 409-983-8218
If necessary, the complainant may call the phone number above and provide the
allegations by telephone. The Title VI Coordinator will transcribe the allegations of
the complaint as provided over the telephone and send a written complaint to the
complainant for correction and signature.
Complaints can also be filed directly with the following agencies:
Federal Highway Administration
U.S. Department of Transportation Office of
Civil Rights HCR-20, Room E81-320
1200 New Jersey Avenue, SE
Washington, DC 20590
Email: CivilRights.FHWA@dot.gov
Texas Department of
Transportation Civil Rights
Division
Attn: Title VI Program Manager
125 E. 11th Street Austin, Texas 78701
After submitting a complaint, the complainant will receive correspondence
informing them of the status of the complaint within ten (10) business days from
City of Port Arthur or other agency receiving the complaint.
Complaints received by City of Port Arthur's Title VI Coordinator are forwarded
to the TxDOT Office of Civil Rights (OCR). TxDOT OCR will forward the complaint
to the FHWA Texas Division Office, along with a preliminary processing
recommendation. The FHWA Texas Division Office will forward the complaint to
FHWA Headquarters Office of Civil Rights (HCR).
FHWA HCR is responsible for all determinations regarding whether to accept,
dismiss, or transfer Title VI complaints. There are four potential outcomes for
City of Port Arthur, TX - Title VI Plan 111
processing complaints:
• Accept: if a complaint is timely filed, contains sufficient information to
support a claim under Title VI, and concerns matters under the FHWA's
jurisdiction, then HCR will send to the complainant, the respondent agency,
and the FHWA Texas Division Office a written notice that it has accepted the
complaint for investigation.
• Preliminary review: if it is unclear whether the complaint allegations are
sufficient to support a claim under Title VI, then HCR may (1) dismiss it or
(2) engage in a preliminary review to acquire additional information from
the complainant and/or respondent before deciding whether to accept,
dismiss, or refer the complaint.
• Procedural Dismissal: if a complaint is not timely filed, is not in writing
and signed, or features other procedural/practical defects, then HCR will
send the complainant, respondent, and FHWA Texas Division Office a
written notice that it is dismissing the complaint.
• Referral\Dismissal: if the complaint is procedurally sufficient but FHWA
(1) lacks jurisdiction over the subject matter or (2) lacks jurisdiction over
the respondent entity, then HCR will either dismiss the complaint or refer it
to another agency that does have jurisdiction. If HCR dismisses the
complaint, it will send the complainant, respondent, and FHWA Division
Office a copy of the written dismissal notice. For referrals, FHWA will send
a written referral notice with a copy of the complaint to the proper Federal
agency and a copy to the USDOT Departmental Office of Civil Rights.
Complaints are not investigated by City of Port Arthur. FHWA HCR is responsible for
investigating all complaints. FHWA HCR may also delegate the investigation to TxDOT
OCR, who would then conduct all data requests, interviews, and analysis and create a
Report of Investigation (ROI). TxDOT OCR will have sixty (60) business days from the
date the investigation is delegated to prepare the ROI and send it to HCR. HCR will
review the ROI and compose a Letter of Finding based on the ROI.
For further information about the FHWA investigation process and potential complaint
outcomes, please visit the Questions and Answers for Complaints Alleging Violations of
Title VI of the Civil Rights Act of 1964.
City of Port Arthur, TX - Title VI Plan 112
a
Complaint Log
City of Port Arthur maintains a complaint log to document all activity related to the
complaint. Information captured includes:
• Complainant's name, and if provided, race, color, and national origin;
• Respondent's name;
• Basis(es) of the discrimination complaint;
• Allegation(s)/Issue(s) surrounding the discrimination complaint;
• Date the discrimination complaint was filed;
• Date the investigation was complete;
• Disposition;
• Disposition date; and
• Other pertinent information.
Notice of Rights
In accordance with 23 CFR 200.9(a)(12), City of Port Arthur is required to develop
Title VI information for dissemination to the general public and, where appropriate,
in languages other than English. Notice of City of Port Arthur Title VI policies and
procedures are listed in many places such as City Hall, 444 4th Street, Port Arthur,
TX and on the City's website (https://www.portarthurtx.gov).
Notification to Beneficiaries
City of Port Arthur website is continuously updated to ensure Title VI information is
readily accessible to the public. The website informs the public of their rights
under Title VI and provides information on how to file a complaint. Title VI
information available on City of Port Arthur Web site includes:
• City of Port Arthur Title VI/Nondiscrimination Plan
• Title VI and Related Statutes Nondiscrimination Statement (English and Spanish)
• Title VI Nondiscrimination Assurances
• TxDOT's External Discrimination Complaint Form (English and Spanish)
• Title VI Poster
• City of Port Arthur Language Assistance Plan
Public Involvement
City of Port Arthur, TX - Title VI Plan 1 13
It is the goal of City of Port Arthur to provide continuous, effective and transparent
access to all
stakeholders. City of Port Arthur strives to inform all stakeholders about proposed
plans and projects and seeks input when appropriate. City of Port Arthur utilizes
the following methods to communicate information regarding upcoming activities
and opportunities for public and stakeholder participation in the planning process:
• Newsletter/Mailings
• Email Blasts
• Online Engagement Platforms
• Media Releases
• Notices Published In The Local Newspaper
• Visualization Presentations/Techniques
• Local Community Public Meetings
• City Of Port Arthur Web Site
• Facebook, Twitter, and other Social Media Sites
Traditionally underserved communities can find it more difficult to engage with
decision making entities due to scheduling conflicts, lack of transportation to public
involvement events, language barriers, lack of childcare, etc. Genuine public
involvement takes place at all levels and so City of Port Arthur aims to identify
communities that may be affected by a project in order to plan appropriately and
effectively for the potentially impacted groups. Sources of data used were listed
above in the Data Gathering section. City of Port Arthur specifically uses the
following sources to identify minority and populations with limited English
proficiency.
• US Census Table P9 - Hispanic or Latino and Not Hispanic or Latino by Race
• ACS Table B16001 - Language Spoken at Home by Ability to Speak English
for the Population 5 Years and Over
City of Port Arthur will use the following techniques to ensure that all members of
the community have the opportunity to participate in the decision-making process:
• Holding Meetings at Different Times or on the Weekend
• Holding Meetings at Locations in Neighborhood Like Schools or Parks
• Providing Virtual Options
• Holding Events Accessible by Public Transportation
City of Port Arthur, TX - Title VI Plan 114
Language Assistance and Limited English
Proficiency
Individuals with Limited English Proficiency (LEP) are those who do not speak
English as their primary language and have a limited ability to read, write, speak, or
understand English as a result of their national origin. Under Title VI, these
individuals may be entitled to language assistance with respect to a particular type
of service, benefit, or encounter.
Per USDOT LEP guidance, as outlined on FHWA's Civil Rights website, recipients of
federal funds are required to take reasonable steps to ensure meaningful access to
their programs and activities by LEP persons. While designed to be a flexible and
fact-dependent standard, the starting point is an individualized assessment that
balances the following four factors.
(1) Number or proportion of LEP persons eligible to be served or likely to be
encountered by the program: The greater the number or proportion of LEP
persons served or encountered, the more likely language services are needed.
For the assessment to be accurate it must also include all communities that are
eligible for services or are likely directly affected by the City's programs or
activities, not only those that live next to a project.
(2) Frequency with which LEP individuals come in contact with the
program: Consider how frequently encounters with LEP individuals may occur.
Encounters with LEP individuals are documented by the City's Title VI liaison in
quarterly reports to the City manager. Additionally, consider events or work
projects in the next year, which may increase the frequency with which LEP
encounters may occur.
(3) Nature and importance of the program, activity, or service provided by
the program to people's lives: Some consideration should be given to City
policies, programs, events and projects planned for the next year but
generally the nature and importance of LEP encounters should be considered
on a project-by-project basis.
(4) Resources available to the grantee/recipient or agency, and costs:
The City has both internal and external resources available to assist with
translation and interpretation services.
City of Port Arthur, TX - Title VI Plan 115
A general four-factor analysis will help anticipate and prepare for what may be
needed; however meaningful four-factor analysis can only occur on a project-by-
project basis. When preparing to publish a document, launch a campaign, hold a
public meeting, etc., a focused four-factor analysis should be conducted to
determine what type of language assistance is needed.
Training
City of Port Arthur will ensure that its staff understand Title VI of the Civil Rights Act
of 1964 and how it may apply to their work. The following options are available for
providing training:
Review of the City of Port Arthur Title VI Plan
• Attendance at any available Title VI trainings provided by the Texas
Department of Transportation, U.S. Department of Transportation or its
applicable operating administrations, or the U.S. Department of Justice.
• Viewing the video Title VI at TxDOT produced by TxDOT. This training
provides a general Title VI overview as well as TxDOT specific information.
• Viewing the video Understanding and Abiding by Title VI of the Civil Rights Act
of 1964 produced by the U.S. Department of Justice
City of Port Arthur will maintain records indicating that staff have received sufficient
training on a periodic basis.
City of Port Arthur, TX - Title VI Plan 116
ATTACHMENT 1
City of Port Arthur, TX - Title VI Plan 117
/
CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM
THOMAS KINLAW,III City of c;. CITY MANAGER
MAYOR PRO TEM
CHRISTE WHITLEY NED,TRMC
COUNCIL MEMBERS: r`� — CITY SECRETARY
TAYLOR L.GETWOOD c�r t r t h u r
CAL J.JONES Texas ROXANN PAIS COTRONEO
WARREN PENA CITY ATTORNEY
KAALA JACOBS
DONALD FRANK,SR.
TITLE VI AND RELATED STATUTES
NON-DISCRIMINATION STATEMENT
The City of Port Arthur,TX,as a recipient of Federal financial assistance and under Title VI of the Civil Rights Act of
1964 and related statutes,ensures that no person shall on the grounds of race,religion(where the primary objective of
the financial assistance is to provide employment per 42 U.S.C. §2000d-3),color,national origin,sex,age,or
disability be excluded from participation in,be denied the benefits of,or otherwise be subjected to discrimination
under any Department programs or activities.
Ronald Burton,City Manager Date
ATTACHMENT 2
City of Port Arthur, TX - Title VI Plan 119
The United States Department of Transportation (USDOT) Standard
Title VI/Nondiscrimination Assurances
DOT Order No. 1050.2A
The City of Port Arthur, TX (herein referred to as the "Recipient"), HEREBY
AGREES THAT, as a condition to receiving any Federal financial assistance from
the U.S. Department of Transportation (DOT), through the Federal Highway
Administration (FHWA), is subject to and will comply with the following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination in Federally Assisted Programs of the
Department of Transportation-Effectuation of Title VI of the Civil Rights Act of
1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of
Title VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the
"Acts" and "Regulations," respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives,
circulars, policy, memoranda, and/or guidance, the Recipient hereby gives
assurance that it will promptly take any measures necessary to ensure that:
"No person in the United Sates shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity," for which
the Recipient receives Federal financial assistance from U.S. DOT, including the
Federal Highway Administration.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,
with respect to Title VI and other Nondiscrimination requirements (The Age
Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by
restoring the broad, institutional-wide scope and coverage of these
City of Port Arthur, TX - Title VI Plan 120
nondiscrimination statutes and requirements to include all programs and activities
of the Recipient, so long as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient
agrees with and gives the following Assurances with respect to its Federally-
assisted U.S. DOT programs:
1. The Recipient agrees that each "activity," facility," or "program," as defined
in §§ 21.23(b) and 21.23(e) or 49 C.P.R § 21 will be (with regard to an
"activity") facilitated, or will be (with regard to a "facility") operated, or will
be (with regard to a "program") conducted in compliance with all
requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids,
Requests for Proposals for work, or material subject to the Acts and the
Regulations made in connection with all USDOT programs and, in adapted
form, in all proposals for negotiated agreements regardless of funding
source:
"The Recipient, in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure
that any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full and fair
opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in
consideration for an award."
3. The Recipient will insert the clauses of Appendix A and Appendix E of this
Assurance in every contract or agreement subject to the Acts and the
Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a
covenant running with the land, in any deed from the United States effecting
or recording a transfer of real property, structures, use, or improvements
thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a
facility, or part of a facility, the Assurance will extend to the entire facility
and facilities operated in connection therewith.
6. That where the recipient receives Federal financial assistance in the form, or
for the acquisition of real property or an interest in real property, the
Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix C and
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Appendix D of this Assurance, as a covenant running with the land, in any
future deeds, leases, licenses, permits, or similar instruments entered into by
the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved
under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under
real property acquired or improved under the applicable activity,
project, or program.
8. That this Assurance obligates the Recipient for the period during which
Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of, personal
property, or real property, or interest therein, or structures or improvements
thereon, in which case the Assurance obligates the recipient, or any
transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which
the Federal financial assistance is extended, or for another purpose
involving he provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession
of the property.
9. The Recipient will provide for such methods of administration for the
programs as are found by the Secretary of Transportation or the official to
whom he/she delegates specific authority to give reasonable guarantee that
it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors,
consultants, transferees, successors in interest, and other participants of
Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the Acts, the Regulations, and this
Assurance.
10.The Recipient agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Acts, the
Regulations, and this Assurance.
By signing this assurance, the Recipient also agrees to comply (and require any
sub-recipients, sub-grantees, contractors, successors, transferees, and/or
assignees to comply) with all applicable provisions governing the U.S. DOT access
to records, accounts, documents, information, facilities, and staff. You also
recognize that you must comply with any program or compliance reviews, and/or
complaint investigations conducted by the U.S. DOT. You must keep records,
reports, and submit the material for review upon request to U.S. DOT, or its
designee in a timely, complete, and accurate way. Additionally, you must comply
with all other reporting, data collection, and evaluation requirements, as prescribed
City of Port Arthur, TX - Title VI Plan 122
by law or detailed in program guidance.
The Recipient gives this assurance in consideration of and for obtaining any Federal
grants, loans, contracts, agreements, property, and/or discounts, or other Federal
aid and Federal financial assistance extended after the date hereof to the recipients
by the U.S. DOT under all Department of Transportation Programs. This assurance
is binding on Texas, other recipients, subrecipients, sub-grantees, contractors,
subcontractors and their subcontractors, transferees, successors in interest, and
any other participants in all Department of Transportation programs. The person(s)
signing below is/are authorized to sign this assurance on behalf of the Recipient.
Ronald Burton, City Manager, City of Port Arthur, TX
Date
City of Port Arthur, TX - Title VI Plan 123
ATTACHMENT 3
City of Port Arthur, TX - Title VI Plan 124
Appendix A
During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants)
will comply with the Acts and the Regulations relative to non-discrimination in
Federally-assisted programs of the U.S. Department of Transportation, the
FHWA, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and
the Regulations, including employment practices when the contract covers any
activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation
made by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the contractor of the contractor's obligations under
this contract and the Acts and the Regulations relative to nondiscrimination on
the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto
and will permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Recipient or FHWA to
be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the
contractor will so certify to the Recipient or FHWA, as appropriate, and will set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the Nondiscrimination provisions of this contract, the Recipient will impose such
contract sanctions as it or FHWA may determine to be appropriate, including,
but not limited to:
a. withholding payments to the contractor under the contract until the
contractor complies, and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts, the Regulations
City of Port Arthur, TX - Title VI Plan 125
and directives issued pursuant thereto. The contractor will take action with
respect to any subcontract or procurement as the Recipient or FHWA may direct
as a means of enforcing such provisions including sanctions for noncompliance.
Provided, that if the contractor becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the
contractor may request the Recipient to enter into any litigation to protect the
interests of the Recipient. In addition, the contractor may request the United
States to enter into the litigation to protect the interests of the United States.
City of Port Arthur, TX - Title VI Plan 126
Appendix B
Clauses for Deeds Transferring United States Property
The following clauses will be included in deeds effecting or recording the transfer of real
property, structures, or improvements thereon, or granting interest therein from the
United States pursuant to the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon
the condition that the City of Port Arthur, TX will accept title to the lands and maintain the
project constructed thereon in accordance with all applicable federal statutes, the
Regulations for the Administration of all DOT programs, and the policies and procedures
prescribed by FHWA of the U.S. Department of Transportation in accordance and in
compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally-assisted programs of the U.S Department of Transportation
pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and
convey unto the City of Port Arthur, TX the all the right, title and interest of the U.S.
Department of Transportation in and to said lands described in Exhibit A attached hereto
and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the City of Port Arthur, TX
and its successors forever, subject, however, to the covenants, conditions, restrictions
and reservations herein contained as follows, which will remain in effect for the period
during which the real property or structures are used for a purpose for which Federal
financial assistance is extended or for another purpose involving the provision of similar
services or benefits and will be binding on the its successors and assigns.
The City of Port Arthur, TX, in consideration of the conveyance of said lands and interests
in lands, does hereby covenant and agree as a covenant running with the land for itself,
its successors and assigns, that (1) no person will on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination with regard to any facility located wholly or in part
on, over, or under such lands hereby conveyed [,] [and]* (2) that the City of Port Arthur,
TX will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations and Acts may be amended [,] and (3) that in the event of breach of any of
the above-mentioned non-discrimination conditions, the Department will have a right to
enter or re-enter said lands and facilities on said land, and that above described land and
facilities will thereon revert to and vest in and become the absolute property of the U.S.
Department of Transportation and its assigns as such interest existed prior to this
instruction].*
*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.
City of Port Arthur, TX - Title VI Plan 127
Appendix C
Clauses for Transfer or Real Property Acquired or Improved Under the Activity,
Facility, or Program
The following clauses will be included in deeds, licenses, leases, permits, or similar
instruments entered into by the Recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her
heirs, personal representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree [in the case of deeds
and leases add "as a covenant running with the land"] that:
i. In the event facilities are constructed, maintained, or otherwise operated
on the property described in this (deed, license, lease, permit, etc.) for a
purpose for which a U.S. Department of Transportation activity, facility, or
program is extended or for another purpose involving the provision of
similar services or benefits, the (grantee, licensee, lessee, permittee, etc.)
will maintain and operate such facilities and services in compliance with all
requirements imposed by the Acts and Regulations (as may be amended)
such that no person on the grounds of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of
the above Nondiscrimination covenants, the City of Port Arthur, TX will have the
right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and
repossess said lands and facilities thereon, and hold the same as if the (lease,
license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-
discrimination covenants, the City of Port Arthur, TX will have the right to enter
or re-enter the lands and facilities thereon, and the above-described lands and
facilities will there upon revert to and vest in and become the absolute property
of the its assigns.*
*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.
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Appendix D
Clauses for Construction/Use/Access to Real Property Acquired Under the
Activity, Facility, or Program
The following clauses will be included in deeds, licenses, permits, or similar
instruments/agreements entered into by the Recipient pursuant to the provisions of
Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her
heirs, personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and
leases add, "as a covenant running with the land") that (1) no person on the
ground of race, color, or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over, or under such
land, and the furnishing of services thereon, no person on the ground of race, color,
or national origin, will be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee,
permittee, etc.) will use the premises in compliance with all other requirements
imposed by or pursuant to the Acts and Regulations, as amended, set forth in this
Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the
above Nondiscrimination covenants, the City of Port Arthur, TX will have the right to
terminate the (license, permit, etc., as appropriate) and to enter or re-enter and
repossess said land and the facilities thereon, and hold the same as if said (license,
permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above non-
discrimination covenants, the City of Port Arthur, TX will there upon revert to and
vest in and become the absolute property of the City of Port Arthur, TX and its
assigns.
*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.
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Appendix E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with the following
nondiscrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Section 4 7123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are Federally
funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-
12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37
and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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