CC Resolution No. 2,722RESOLUTION NO.2,722
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE REVISED COMMUNITY DEVELOPMENT
BLOCK GRANT SEWER LINE REPAIR AND REPLACEMENT
GUIDELINES; PROVIDING FOR A REPEALING CLAUSE; 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 the
revised Community Development Block Grant Sewer Line Repair and Replacement Guidelines,
which are attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
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resolution are hereby repealed, provided, however, that such repeal shall be only to the extent of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 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: 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 22nd day of April, 2021.
BRANDON CAPETI LO, Mayor
ATTEST: o�ONVTOW,y r�
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ANGELA CKSON, Interim W 1
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APPROVED AS TO FORM:
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KAREN L. HORNER, City Attorney
RAKaren Anderson\RESOLUTIONS CITY COUNCIU2021.04.22WdoptingCDBGRevSewerLineRepair-ReplacementGuidelines.doc
Revised 03 09.2021
EXHIBIT "A"
RESIDENTIAL SEWER LINE REPAIR AND REPLACEMENT PROGRAM
Purpose
The Residential Sewer Line Repair and Replacement Program ("Program") is sponsored by the
City of Baytown. The Program is funded, in part, by Community Development Block Grant
(CDBG) funds. The goal of this Program is to assist citizens in the cost of repairing or replacing
decayed sewer lines on private residential properties. 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 will test private sewer lines within the city limits of
Baytown. The City of Baytown will notify in writing those property owners whose sewer lines
are in need of repairs or replacement and provide them with the results of the tests. If the sewer
line is in need of repair or replacement, the property owner may apply to the Community
Development Division for participation in the Program. The Community Development Division
will accept and process all applications. If the property owner is deemed eligible and sufficient
Program funds remain available, the property owner will enter into a standard form of
Agreement for Community Development Projects with the City and a plumber who has been
selected by the City of Baytown based upon a competitive bid process to repair and/or replace
private sanitary sewer lines. The City will facilitate the contract and act as the owner's
representative and upon completion place a lien on the property for the cost of the work. The
actual work under the Program will be monitored and payments to the plumber will be processed
by the Community Development Division.
The Program will provide funds to eligible participants to repair and/or replace the private
sanitary sewer line from the City of Baytown's main line to the building's edge. These funds are
available in the form of a five (5) year forgivable loan and shall be paid directly to the contractor
at the time of completion and acceptance by the City of the project. Any additional repairs,
which are required to complete the work and properly tie-in to the house line, may be possible
through this Program.
Eligibility Requirements
All potential participants must provide the appropriate documents to verify the following:
1. Applicant must reside within the city limits of Baytown;
2. Applicant must own the home;
3. Applicant must occupy the home as his/her primary residence;
4. All members of the applicant's household must be legal residents of the United
States; and
5. 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 -Sugar
Land -Baytown Metropolitan Statistical Area.
Residential Sewer Line Repair and Replacement Progrim, Page I
Revised 03/09/2021
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.
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 -Sugar
Land -Baytown Metropolitan Statistical Area.
III. Ownership and Occupancy.
The applicant must own and occupy the home as his. her primary residence.
IV. Eligible Properties.
Eligible properties must meet the following criteria:
A. Located within the city limits of Baytown;
B. Determined by the City to have private sewer lines which are in need of
repairs or replacement, 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, 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 Community Development Division shall take the following steps:
1. Notify the City's Public Works/Utilities Department of the applicant's eligibility;
2. Identify the appropriate plumbing contractor based upon a competitive bid
process;
3. Prepare all other necessary forms for execution by the homeowner, contractor,
and the City. These forms include, but are not limited to:
a) Contract between homeowner and contractor(s);
b) Contract between the City of Baytown and homeowner;
c) Contract between the City of Baytown and contractor (s);
d) Intentto Place Lien;
e) Owner Lien Agreement;
f) Notice to Proceed;
4. Facilitate the contract between the owner and plumber;
5. Schedule the work;
6. Monitor and inspect the private sewer line replacement; and
Residential Sewer Line Relmir and Replacement Program, Page 2
Revised 03.iM2021
7. Process payment to the appropriate contractor(s) upon completion and the City's
acceptance of the work.
Once these steps have been completed, a notice to proceed will be issued and work will begin on
the private sewer line within ten (10) days thereafter. Depending on the scope of the project, the
work will take approximately seven (7) to thirty (30) 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 will not be required to move; however, there will be a period of time when the
utilities will be disconnected. 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 chooses to move,
the cost associated with the move will be at his/her expense. 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 Community Development Division as soon as possible. If the homeowner
or someone other than the original contractor attempts to make repairs, the warranty may be
voided, and the homeowner will be responsible for the cost of the repairs. The warranty does
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 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 and the contractor(s). The City of Baytown and the
contractor reserve the option to speak only with the person/persons who signed the contract
regarding the project. The homeowner(s) shall not interfere with the work of the contractor(s).
The contractor(s), 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.
Residential Sewer Line Repair and Replacement Program, Page 3
Revised 03/09/2021
➢ 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 (37) 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 as permitted in Section 2251.025 of the Texas Government
Code.
General Information
Violating the guidelines in any manner constitutes violation of the contract and the
homeowner(s) will be disqualified from the Program and all other housing programs offered by
the City of Baytown. 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 on the sewer line within 30 days of
such determination. Late payments will accrue interest at the rate as permitted in Section
2251.025 of the Texas Government Code.
Residential Sewer Line Repair and Replacement Pro&, Page 4