City of Waco, 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); and related statutes and regulations. City of Waco acknowledges it is subject to and will comply with Federal Highway Administration Title VI Assurances.
This plan explains how City of Waco incorporates the requirements of Title VI and related legal authorities into its operations. The plan will be used as a reference for City of Waco and an informational resource for the public. The plan will be updated every 3 years to reflect changes in Title VI compliance operations.
It is the responsibility of every City of Waco 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.
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 Waco 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.
The authorities applicable to City of Waco 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) and Civil Rights Restoration Act of 1987 (Public Law 100-259);
- 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 Regulations);
- 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
The City Manager for the City of Waco 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 (FHWA) and 49 C.F.R. Part 21 (US DOT).
City of Waco has assigned the Employee Relations Coordinator to perform the duties of the Title VI Coordinator and ensure implementation of the City’s Title VI program. The position of Employee Relations Coordinator is located within the Human Resources Department.
The Title VI Coordinator is responsible for:
- Maintaining and updating the Title VI plan on the City’s behalf;
- Ensuring relevant City 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;
- Developing a program to conduct Title VI reviews of program areas; and
- Developing Title VI information for dissemination internally and externally;
Position reporting structure:
- City Manager
- HR Director
- HR Employee Relations Manager
The City of Waco’s primary program areas include infrastructure, housing, community and parks development, public services, and transportation including airport services. Title VI considerations will be embedded in project planning, public outreach, data collection, and decision-making procedures. The City will evaluate procedures to determine the best course of action to conduct equity assessments and review proposed programs for potential disparate impacts. Public engagement strategies will include outreach to minority, low-income, and limited English proficiency communities. As part of the Title VI Nondiscrimination Plan, mechanisms for receiving and investigating complaints have been formalized and a staff training plan and internal reviews will support ongoing compliance and transparency. The plan will be reviewed and updated regularly as programs evolve and community needs change.
To ensure nondiscrimination in all programs, services, and activities, the City of Waco is establishing processes for systematically collecting and analyzing demographic data to support equitable planning and decision-making. This data will help identify potential disparate impacts on protected populations under Title VI of the Civil Rights Act of 1964 and related nondiscrimination statutes. Initial efforts focus on identifying data sources and collection methods, such as U.S. Census data, surveys, and GIS mapping to better understand the racial, ethnic, income, and language diversity of the population. Data trends will be reviewed and analyzed periodically to detect disparities, to evaluate how future programs and services may impact different communities, and to prevent unintentional discrimination. The City will look for opportunities to incorporate this data into planning activities, including project development, service delivery, and public outreach.
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 Waco, 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 Waco.
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
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 Waco or its contractors may file a Title VI complaint.
Discrimination complaints should be submitted in writing as soon as possible and no more than 180 calendar days after the alleged incident occurred or was discovered. Complaints should contain the following information:
- Name of the person making the report of discrimination.
- Contact information including address, phone number, and email address of the person making the report.
- The basis of the complaint (e.g. race, color, national origin, etc.)
- A description of the alleged discrimination including the date and location of the incident and, if applicable, the names of witnesses or City staff involved, if known.
Submit complaints to: Lhea Homesley, Title VI Coordinator
Preferred Method: Complaint Form
Email: lheah@wacotx.gov
Mailing: City of Waco, PO Box 1270, Waco TX 76701, Attn: Title VI Coordinator
Phone: (254) 750-5693
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, TX 78701
Alternative means of filing complaints, such as personal interviews, will be made available for persons with disabilities upon request by contacting the Title VI Coordinator.
The Complainant will be notified once it has been received. The Title VI Coordinator, or another authorized representative, will then contact the individual to review the allegations, investigate the concerns, and issue a written response within 45 calendar days.
If the response from the Title VI Coordinator does not fully resolve the concern, a written appeal may be submitted to the City Manager or designee. The appeal should include the following information:
- Explanation of the Appeal: A clear description of the specific aspects of the Title VI Coordinator’s response that are being challenged.
- Requested Outcome: A statement outlining the desired result or action being sought through the appeal.
Providing this information ensures the concern is clearly understood and fairly reviewed during the next stage of the process. Upon receiving the written appeal, the City Manager or designee will reach out to the individual to discuss possible resolutions and will provide a written response outlining the final decision.
All written complaints received by the Title VI Coordinator, appeals to the City Manager or their designee, and responses from these two offices will be retained by the City of Waco in accordance with the Texas Local Government Retention Schedule.
Complaint Log
City of Waco 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.
In accordance with 23 CFR 200.9(a)(12), City of Waco is required to develop Title VI information for dissemination to the general public and, where appropriate, in languages other than English. Title VI posters are located in all City of Waco facilities open to the public, including but not limited to libraries, recreation centers, City Hall, and the City of Waco website.
Notification to Beneficiaries
City of Waco 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 Waco website includes:
- City of Waco Title VI/Nondiscrimination Plan
- Title VI and Related Statutes Nondiscrimination Statement
- Title VI Nondiscrimination Assurances
- Discrimination Complaint Process
It is the goal of City of Waco to provide continuous, effective and transparent access to the public and all stakeholders. City of Waco strives to inform the public and all stakeholders about proposed plans and projects and seeks input when appropriate. City of Waco utilizes the following methods to communicate information regarding upcoming activities and opportunities for public and stakeholder participation in the planning process:
- NEWSLETTER/MAILINGS
- MEDIA RELEASES
- BOARDS & COMMISSIONS, PUBLIC NOTICES AND INFORMATION, CITY COUNCIL MEETINGS
- LOCAL COMMUNITY PUBLIC MEETINGS
- CITY OF WACO WEBSITE
- MPO WEBSITES
- SOCIAL MEDIA PLATFORMS
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 Waco 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 Waco 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, DURING HOURS OTHER THAN 8 a.m. – 5 p.m., OR ON THE WEEKEND
- HOLDING MEETINGS AT LOCATIONS IN NEIGHBORHOOD LIKE SCHOOLS, COMMUNITY CENTERS, OR PARKS
- PROVIDING VIRTUAL OPTIONS, WHEN REQUESTED
- TRANSLATING DOCUMENTS INTO LANGUAGES OTHER THAN ENGLISH, WHEN REQUESTED
- HOLDING EVENTS ACCESSIBLE BY PUBLIC TRANSPORTATION
In accordance with Title VI of the Civil Rights Act of 1964, City of Waco is committed to ensuring meaningful access to programs and services for individuals with limited English proficiency (LEP). The City recognizes that effective communication is essential to providing fair and equitable service to community members and will take reasonable steps to provide language assistance, at no cost to the individual. These efforts help prevent discrimination based on national origin and promote full participation in City programs.
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.
According to the U.S. Census Bureau’s 2023 American Community Survey, Waco, Texas has a population of approximately 132,294 people aged 5 and over.
- An estimated 102,885 individuals (77.8%) speak only English at home.
- About 29,409 individuals (22.2%) speak a language other than English at home.
Among those who speak a non-English language:
- Spanish is by far the most common, spoken by approximately 25,814 people (19.5% of the total population).
- Other Indo-European languages (such as French, German, or Hindi) are spoken by around 1,527 people (1.2%).
- Asian and Pacific Island languages (such as Chinese, Vietnamese, or Tagalog) are spoken by approximately 1,560 people (1.2%).
- Other languages are spoken by 508 individuals (0.4%).
These figures show that while the majority of Waco residents speak only English, over one in five people use another language at home—with Spanish being the predominant non-English language.
The City of Waco will continue its ongoing efforts to ensure that LEP individuals have access to benefits, services, and information offered by the City. Efforts include:
- Maintaining a list of bilingual staff, including the languages they speak, and encouraging bilingualism by offering a pay incentive to employees who can interpret or translate.
- Using a translation tool on the City of Waco’s external website.
Individuals who need language assistance or have questions, should contact the Title VI Coordinator.
City of Waco will ensure that its staff understands 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 Waco Title VI Plan at onboarding.
- Viewing the video Understanding and Abiding by Title VI of the Civil Rights Act of 1964 produced by the U.S. Department of Justice every three years for ongoing employment.
City of Waco will maintain records indicating that staff have received sufficient training on a periodic basis.
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:
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Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to non-discrimination in Federally-assisted programs including the U.S. Department of Transportation and the FHWA, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
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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 (US DOT).
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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.
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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.
- 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:
- withholding payments to the contractor under the contract until the contractor complies, and/or
- cancelling, terminating, or suspending a contract, in whole or in part.
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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 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.
Appendix B
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 Waco 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, quit claim and convey unto the City of Waco 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 Waco 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 City of Waco, it successors and assigns.
The City of Waco, 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 Waco will use the lands and interests in lands and 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.
Appendix C
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):
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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:
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.
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With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, City of Waco will have the right to terminate the (lease, license, permit, etc.) and to enter, and 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.*
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With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, City of Waco 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 City of Waco 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.
Appendix D
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):
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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.
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With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Nondiscrimination covenants, City of Waco 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. With respect to deeds, in the event of breach of any of the above non-discrimination covenants, City of Waco will there upon revert to and vest in and become the absolute property of City of Waco 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.
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 non- discrimination 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 the 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).