R99-052 06-28-99RESOLUTION NO. R99-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DECLARING THAT THE USE OF EXCESSIVE FORCE SHALL
NOT BE USED BY LAW ENFORCEMENT AGENCIES AGAINST ANY
PERSONS ENGAGED IN NON-VIOLENT CIVIL RIGHTS
DEMONSTRATIONS WITHIN THE CITY OF PEARLAND.
WHEREAS, the City of Pearland plans to enter into a cooperation agreement with
Brazoria County to be a participating jurisdiction in the Brazoria County Community
Development Block Grant Program; and
WHEREAS, as a condition of the cooperation agreement, the City is required to
adopt a formal policy prohibiting the use of excessive force by law enforcement agencies
against persons engaged in non-violent civil rights demonstrations within the City; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby adopts a policy that the use of
excessive force shall be prohibited by law enforcement agencies against any persons
engaged in non-violent civil rights demonstrations within the corporate limits of the City
of Pearland, and shall not impede or bar any entrance or exit of any facility or location
which is the subject of the demonstration.
Section 2. Furthermore, the Mayor is hereby instructed to provide a copy of this
resolution to the Pearland Police Department and the Brazoria County Sheriff.
PASSED, APPROVED, and ADOPTED this .-~,~::~' day of .. ~ ~ t...~c.L. ,
A.D., 1999.
TOM REID
MAYOR
RESOLUTION NO. R99-52
ATTEST:
ETARY//
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
GOVERNMENTAL SERVICE AGENCY, INC.
May 12, 1998
Tom Reid, Mayor
City ofPearland
3519 Liberty Dr~e
PeaHand, Texas 77581-5416
Dear Mayor Reid:
On behalf of the Brazoria County Commissioners' Court, I want to extend you the opportunity to
join the Brezoda County Community Development Block Grant (CDBG) and HOME Program.
Each year the county receives a CDBG grant from the U. S. Department of Housing and Urban
Development which is used to fund community development projects in the participating cities and
unincorporated areas of the county. If your city is interested in joining this program, please have
the attached ordinance approved and the cooperative agreement signed as soon as possible. It
must be executed and received by no later than June 30, '1998 to be considered. Upon its
receipt, I will then forward the cooperative agreement to the Brazoria County Commissioners'
Court for their approval.
If the agreement is accepted, your participation will begin October 1, 1998 at which time your city
will become eligible to receive CDBG funding for eligible projects and activities. I must also point
out to you that upon joining the county program, your city will not be eligible to apply for grants
under the Texas Community Development Program or the Texas HOME Investment Partnership
Program during this same period. This will not however affect any other grant program you wish
to apply for (e.g., Texas Parks and Wildlife Department, Federal Aviation Administration/Texas
Aeronautical Commission, Texas State Library, Criminal Justice Council, etc.) Also, please note
there is no provision with would permit your city to withdraw or terminate prior to the end of this
two-year pedod ending September 30, 2000. This agreement will also be automatically renewed
at the end of this two-year period unless the city requests in writing that it not be renewed. Each
successive renewal period will be for a three-year pedod. The agreement will also acknowledge
that the city will prohibit the use of excessive fome by law enforcement agencies against any
individual engaged in a non-violent civil dghts demonstration in the city or will not physically bar
any entrance to or exit from a facility which is the subject of a non-violent civil rights
demonstration. These policies are required by federal regulation and should not be really be new
to the city. I have included a copy of a model resolution for you to use.
I have also included a list of eligible activities that CDBG funds can be spent on provided the
primary beneficiaries are Iow and moderate income persons. Currently, the county receives
almost $2.5 million in HOME and CDBG funds. These funds are distributed by the
Commissioners' Court upon recommendation of an advisory board made up of city and county
representatives. Although there is no way I can guarantee funding will be provided to your city,
the advisory board has established the current policy of funding each city every other year.
Please feel free to call me at (214) 342-1892, extension 26, if you have any questions.
Sincerely
David K. Lewis
Community Development Consultant
9500 Forest Lane, Suite 408 Dallas, Texas 75243 (214)342-1892 Fax (214) 342-1896