CC Resolution No. 160252
RESOLUTION NO. 1602
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE PRIVATE SEWER LINE REPAIR AND
REPLACEMENT GUIDELINES; ESTABLISHING THE COMMENCEMENT
DATE FOR THE GUIDELINES AND THE USE OF THE AGREEMENT;
PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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 the
Private Sewer Line Repair and Replacement Guidelines. The guidelines are attached hereto as
Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, hereby declares that the
guidelines referenced and incorporated herein in Section 1 hereof shall not be effective until
October 1, 2003, but shall thereafter remain in effect until hereinafter amended or repealed.
Section 3: All ordinances and resolutions or parts thereof inconsistent with the terms of
this resolution are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this resolution shall be cumulative of other ordinances
and resolutions regulating and governing the subject matter covered by this ordinance.
Section 4: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City
of Baytown this the 11th day of September, 2003.
/� C c v'
PETE C. ALFARO, Mayor
ATTEST:
G A Y W MITH, City Clerk
APPROVED AS TO FORM:
ci,QNACIO RAMIREZ, S ity Attorney
FAKaren\Files \Community Development \Sewer Repair & Replace Program\ Guidelines4PrivateSewerLineRepair &Replacement.doc
SEWER LINE REPAIR AND REPLACEMENT PROGRAM
Purpose
The Sewer Line Repair and Replacement Program ( "Program ") is sponsored by the City of
Baytown and administered by the Public Works Department together with the Community
Development Division and the Engineering Department. The Program is funded solely through
the Community Development Block Grant. The goal of this Program is to assist in the cost of
repairing or replacing decayed sewer lines on private residential property occupied by the owner
as his /her homestead. The improvements are necessary to reduce the inflow and infiltration of
rainfall water into the City of Baytown's sanitary sewer system.
Program Description
Under this program, the City of Baytown's Public Works Department will test private sewer
lines within the Community Development Block Grant ( "CDBG ") target area. The Public
Works Department will notify in writing those property owners whose sewer line needs to be
repaired or replaced with the results of the tests. If the sewer line needs repairing or replacing,
the property owner may apply to the Public Works Department for participation in the Program.
The Community Development Division will accept and process applications. If the property
owner is eligible and sufficient CDBG funds remain available for the Program, he /she will enter
into a contract with a plumber who has been selected by the City of Baytown based upon a
competitive bid process to repair and/or replace the private sanitary sewer line only. The City
will facilitate the contract as the owner's representative and upon completion place a lien on the
property for the cost of the work. If the property owner is not eligible, the Public Works
Department will give him/her a period of time not exceeding 180 days to repair and/or replace
the sewer line by his /her own means. The actual work under the Program will be monitored and
payments to the plumber will be processed by the Engineering Department.
The Program will provide up to $3,000 to repair and/or replace the sanitary sewer line from the
City of Baytown's right -of -way or easement to the building's edge on properties within the
CDGB target area to eligible participants. Any additional repairs costing in excess of the $3,000,
which are required to complete the work and properly tie -in to the house line, will be the
responsibility of the homeowner.
Eligibility Requirements
All potential participants must provide the appropriate documents to verify the following:
1. Applicant must reside within a CDBG target area defined by the Department of
Housing and Urban Development (HUD);
2. Applicant must own the home;
3. Applicant must occupy the home as his/her primary residence; and
4. Applicant household's annual gross income must not exceed eighty percent (80 %)
of the maximum income limits, which will be recalculated each year, based on
HUD's guidelines and the median income of residents o f t he H ouston P rimary
Metropolitan Statistical Area.
E=ff A
Sewer Line Replacement Proeram, Page I
Requirements for the Application Review
The homeowner must complete and return the Program application and include the appropriate
documents, as determined by the Director of Planning and Development Services, to verify the
following:
I. Composition of Household
Household composition must include all persons who occupy the applicant's
housing unit at the time of application. The occupants may consist of a single
person; group of persons related by birth, marriage, adoption, or law; or a group
of unrelated persons who share living arrangements. Documentation shall include
the following information for each person:
A. Copy of social security card;
B. Proof of marital status if an occupant is divorced or is a widow or
widower; and
C. Verification of student status, if applicable.
II. Household's Annual Gross Income.
The applicant household's annual gross income must not exceed eighty percent
(80 %) of 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. Documentation for this eligibility requirement shall
include all of the following that apply for ALL household members of the house:
A. Income tax returns for the past three years;
B. Social Security Award Letter stating amount of monthly Social Security or
S.S.I. for all household members;
C. Unemployment Verification for all non - working household members;
D. Proof of interest /dividends from investments for all household members;
E. Proof of child support, alimony, or separate maintenance;
F. Award letter from Veteran's Administration;
G. Verification of self - employment wages;
H. Food stamp award letter;
I. Welfare verification;
J. Employment Verification for all working household members;
K. Verification of regular gifts /contributions;
L. Copy of all checking and savings account(s) monthly statements for the
past three months; and
M. Proof of all other sources of income.
III. Ownership and Occupancy.
The applicant must own and occupy the home as his/her primary residence.
Please submit all of the following that apply for proof of ownership:
A. A copy of the deed on the home and on any other property owned (copy of
contract for deed will not fulfill program requirements);
B. Verification from the lienholder or the mortgage company that the house
payments are current;
C. Verification from the taxing entities that all ad valorem taxes are current;
D. Copy of the current water and sewer utility bill; and
Sewer Line Replacement Program, Page 2
E. Verification from the Utility Billing Division that all payments for water
and sewer utility services are current.
IV. Eligible Homes.
Eligible homes must meet the following criteria:
A. Located within the Program's targeted area as identified by the City's
Public Works Department; and
B. Determined by the Public Works Department to have private sewer lines
which need to be repaired or replaced, for which the owner thereof has
i. received notice of the need to repair or replace the private sewer line,
ii. made application for the Program within the time limit specified in the
notice, and
iii. met all of the requirements to receive assistance under the Program.
General Information Regarding Process
Once an application has been reviewed, and it has been determined that the applicant qualifies
for the Program, the Public Works Department will be notified and take the following steps:
1. Identify the appropriate plumbing contractor;
2. Facilitate the contract between the owner and plumber;
3. Schedule the work;
4. Monitor and inspect sewer line replacement;
5. Process payment upon work completion;
6. Prepare all other necessary forms for execution by the homeowner, contractor,
and the City of Baytown. These forms include, but are not limited to:
a) Contract,
b) Intent to Place Lien, and
c) Owner Lien Agreement.
Once these steps have been completed, work should begin on the sewer line within ten (10) days
of the date the contract being executed. Depending on the scope of the project, the work will
take approximately thirty (30) to sixty (60) working days. A working day is an eight -(8) hour
day, Monday through Friday, excluding holidays. The work schedule will be adjusted for
inclement weather.
The homeowner may not be required to move; however, if other living arrangements can be
made during the course of the work, the repairs can generally be completed in less time if the
homeowner has somewhere else to stay at his/her expense. There will be a period of time when
the utilities will be disconnected. This can be a great inconvenience to the owner. Prior to any
work being done, it is the homeowner's responsibility to remove any items from the yard that
may hinder easy access to the sewer line and secure all pets during the process.
The contractor will furnish a one -year warranty on the sewer line repair /replacement. If the
homeowner has any sewer problems within this one -year period, the homeowner should contact
the City of Baytown's Public Works Department as soon as possible. If the homeowner or
someone other than the original contractor attempts to make a repair, the warranty may be
voided, and the homeowner will be responsible for the cost of the repairs. The warranty does
Sewer Line Replacement Proeram, Page 3
not cover damages caused by homeowner abuse, normal wear and tear, weather, neglect,
or intruders.
Relationship between the City of Baytown, the Contractor, and the Homeowner
The Director of Public Works 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 Public Works or his/her designee shall be final and binding upon both the
homeowner and the contractor. The Public Works Department and the contractor reserve the
option to speak only with the person/persons who signed the contract regarding the project. The
homeowner shall not interfere with the work of the contractor. The contractor, his/her
employees, 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 sewer line repair and/or replacement.
Information on the Lien Agreement
In the event the owner(s) sells, assigns, encumbers, or transfers the property within five years
from the date of acknowledgement of final completion of the work required, the owner 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 owner(s) of the property, the estate will be required to
reimburse the City in accordance with the following schedule:
➢ If the transfer or death occurs within the first twelve (12) months - 100% of the total
rehabilitation project cost.
➢ If the transfer or death occurs within thirteen (13) to twenty -four (24) months - 80%
of the total rehabilitation project cost.
➢ If the transfer or death occurs within twenty -five (25) to thirty -six (36) months - 60%
of the total rehabilitation project cost.
➢ If the transfer or death occurs within thirty -seven (3 7) to forty -eight (48) months -
40% of the total rehabilitation project cost.
➢ If the transfer or death occurs within forty -nine (49) to sixty (60) months - 20% of the
total rehabilitation project cost.
The lien will not be released until the estate as described above makes the appropriate payment.
During the five (5) year period upon sale, transfer of title, failure to maintain code compliant
repairs, or cessation of owner- occupied status, the unforgiven balance of the project cost shall be
due within sixty (60) days and payable to the City of Baytown. If not paid within the time
specified, interest will be accrued at a rate of one percent (1 %) each month.
Sewer Line Replacement Program, Page 4
General Information
Violating the guidelines in any manner constitutes violation of the contract and the homeowner
will be disqualified from the Program and all other housing programs offered by the City of
Baytown. Upon the determination by the Director of Public Works 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 on the sewer line within 30 days of such determination. Late payments
will accrue interest at a rate of 1 % per month.
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Sewer Line Replacement Program, Page 5