CC Resolution No. 2483RESOLUTION NO, 2483
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING GUIDELINES FOR THE CITY OF BAYTOWN'S
OPERATION PAINTBRUSH PROGRAM; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby adopts
Guidelines for the City of Baytown's Operation Paintbrush Program. A copy of the guidelines is
attached hereto as Exhibit "A" and incorporated by herein for all intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas. _
INTRODUCED, READ and PASSED by the City Council the City of Baytown this
the 13'' day of July, 2017.
H. DONCARLOS, Miyor
ATTEST:
r"
IETIC14ARYSC , City Clerk
APPROVED AS TO FORM:
42.vze� -
NACIO RAM Z, SR.f fty Attorney
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Exhibit "A"
Operation Paintbrush (OP) Guidelines
Program Description
Operation Paintbrush is a program that will be utilized in the Community Development designated
Neighborhood Improvement Program (NIP). The goal of this program is to assist low -moderate income
homeowners with a new coat of paint on their primary residential structure. Contractors will be engaged
to paint the exterior of eligible homes within the NIP . All applicants are required to provide proof of
eligibility for the program. Approved applicants are eligible to receive assistance with painting the
exterior of their primary residence and eligible accessory structure(s). Any additional repairs, which are
required to complete the work, may also be possible through this Program. Assistance will be granted in the
form of a one (1) year forgivable loan and are paid to the contractor upon completion and acceptance by the
City. Applicants will be assisted on a first-come, first-served basis.
Eligibility
All potential participants must provide the appropriate documents to verify the following:
1. Applicant must reside within the NIP;
2. Applicant must own the home;
3. All members of applicant's household must be legal residents of the United States;
4. Applicant must occupy the home as primary residence;
5. Applicant's household's annual gross income must not exceed the maximum income limits,
which will be recalculated each year, based on HUD'S guidelines and the median income of
residents of the Houston Primary Metropolitan Statistical Area; and
6. An applicant/ home that has received assistance through the Owner -Occupied Housing
Rehabilitation Program within the past five (5) years will not be eligible for this program.
Eligible homes/structures must meet the following criteria:
1. Located within the NIP;
2. Single-family, detached dwelling units and eligible accessory structures (e.g., garages, sheds or
storage units). Accessory structures will qualify for the program only in conjunction with
eligible single-family, detached dwelling units.
3. An applicant/home that has been rehabbed through Operation Paintbrush or Housing
Rehabilitation within the past five (5) years will not be eligible for this program; and
4. Applicant does not owe a debt to the City (e.g., taxes, liens, etc.).
Homeowners' Responsibilities
1. Interested homeowners will obtain an application and the guidelines from the Planning and
Development Services Department Staff will explain the program requirements and answer any
questions regarding the program.
2. The applicant is required to submit to Staff all documents necessary to determine eligibility when
returning the application. Incomplete applications will not be considered.
3. Immediately inform Staff of any changes in information previously provided any time during the
program process. If such change affects the applicant's eligibility, the City in its sole discretion
will deny eligibility.
4. The applicant must sign the Owner -Lien Agreement with the City of Baytown stipulating the
requirements of the forgivable loan.
5. The homeowner shall secure all pets during the inspection and the home painting process.
6. Any homeowner who falsifies information will be disqualified from this program and all other
programs offered by the Community Development Division.
City's Responsibilities
I. Staff will review the application and notify applicant of eligibility status. Staff will meet with
the eligible applicant to discuss the Program process and any known problems with the exterior
of the home, including, but not limited to, deterioration of eaves, suspected termite infestation,
facia boards, windows or doors.
2. Staff will conduct a site inspection and evaluate exterior of the structure(s), determining the
applicant's need for any repairs, including, but not limited to, lead evaluation. If lead is
discovered, Staff will refer the homeowner to the appropriate lead program for assistance.
3. Staff will complete a work write-up that includes the scope of work to be performed.
4. Staff will conduct a pre -painting conference to ensure that contractor and homeowner(s)
understand the specifications of the work to be done.
Relationship between the City of Baytown, the Contractor, and the Homeowner
The Director of Planning and Development Services or his/her designee will represent the City of
Baytown when it is necessary to resolve disputes between the homeowner and the contractor. The
resolution of the Director of Planning and Development Services or his/her designee shall be final and
binding upon both the homeowner(s) and the contractor. The City of Baytown and the contractor
reserve the option to speak only with the homeowner(s) who signed the contract regarding the project.
The homeowner(s) shall not interfere with the work of the contractor. The contractor and the
homeowner(s) shall not be discriminated against on the basis of religion, race, national origin, or gender.
The City of Baytown shall act as the homeowner's representative throughout the entire course of the
work. If any conflicts arise between the homeowner and the contractor the homeowner(s) shall
immediately contact the Community Development Division for a resolution.
Information on the Lien Agreement
If within one year of acknowledgement of final completion of the work,
a. the homeowner(s) sells, assigns, encumbers, or transfers the property or
b. the property found by the City to be in violation the Code of Ordinances, Baytown, Texas,
the homeowner(s) will be liable to the City of Baytown for the amount of reimbursement according to
the schedule below. In the event of the death(s) of the homeowner(s) of the property, the estate will be
required to reimburse the City in accordance with the following schedule:
1. If the Items a or b hereinabove or death occurs within three (3) months - 1000 0 of the project
cost.
2. If the Items a or b hereinabove or death occurs within six (6) months - 750o of the total project
cost.
3. If the Items a or b hereinabove or death occurs within nine (9) months - 5000 of the total project
cost.
4. If the Items a or b hereinabove or death occurs within twelve (12) months - 250o of the total
project cost.
The lien will not be released until the homeowner(s) estate makes the appropriate payment as described
above. The homeowner(s) estate shall be required to pay amount due within thirty (30) days of the
event requiring reimbursement to the City. Late payments will accrue interest as permitted m Section
2251.025 of the Texas Government Code.
General Information
Violating the guidelines in any manner constitutes violation of the agreement, and the homeowner(s)
will be disqualified from the Program and all other programs offered by the Community Development
Division. Upon the determination by the Director of Planning and Development Services or his/her
designee that a violation of the guidelines has occurred, the applicant(s) must repay the City of Baytown
in full for all work performed within thirty (30) days of such determination. Late payments will accrue
interest at the rate as permitted in Section 2251.025 of the Texas Government Code.
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