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CC Resolution No. 1721 37 RESOLUTION NO. 1721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE GUIDELINES FOR THE HOMEBUYERS' ASSISTANCE PROGRAM TO INCREASE THE MAXIMUM SALES PRICE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *r*.*a�*x**ar*w■r.***ar*e»rr*.*xx*****e*r**x**xas**a*er**r**********a*•rsrrr********+ WHEREAS, on January 23, 1997, the City Council approved a Homebuyers' Assistance Program (the "Program") for the City of Baytown, which program is designed to assist families in procuring affordable housing by providing funds to assist with closing costs; and WHEREAS, the Program, which was last amended on July 12, 2001, promotes the stabilization of neighborhoods by increasing the percentage of owner-occupied homes within the City; and WHEREAS, the number of participants in the Program in 2005 has significantly decreased in comparison to the last two years; and WHEREAS, one of the major factors of this decline is that the Program's maximum sales price has not kept pace with the area's median sales price of single family residences as reported by the Houston Association of Realtors; and WHEREAS, Community Development Advisory Committee ("CDAC") unanimously voted to recommend to the City Council to increase the maximum program sales price to ONE HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($105,000.00), which is consistent with the area's median sales prices; and WHEREAS, the City of Baytown desires to revise the Program as recommended by the CDAC to increases the maximum sales price from SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00) to ONE HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($105,000.00); NOW THEREFORE 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 amends Article IX "Eligible Properties" of the Homebuyers' Assistance Program Guidelines to read as follows: IX. ELIGIBLE PROPERTIES Eligible properties must meet all of the following criteria: 1. detached single family housing structures, excluding manufactured and mobile homes; 2. priced $105,000 or below; 3. located within the city limits of Baytown; and 4, the property owner and/or seller cannot be related to the homebuyer within the third degree by consanguinity and/or second degree by affinity (marriage, blood or law) as defined in Chapter 573 of the Texas Government Code, nor can the property be owned by a member of the homebuyers'household. Section 2: All resolutions or parts of resolutions inconsistent with the terms of this resolution are hereby repealed; provided, however, that such repeal shall be only to the extent of such 38 inconsistency and in all other respects this resolution shall be cumulative of other resolutions regulating and governing the subject matter covered by this resolution. Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this resolution or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this resolution or their application to other persons or sets of circumstances and to this end all provisions of this resolution are declared to be severable. 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 91h day of June, 2005. CALVIN MUNDINGER, Mayor ATTEST: CARY W. SMITH, City Clerk APPROVED AS TO FORM: G ACIO RAMIREZ, SR., Citottomey R:\Karen\Files\City Counc&Resolutions\2005Uune 9\HomeBuyemAssistanceProgramAmendment.doc 2