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CC Resolution No. 2,721RESOLUTION NO.2,721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE REVISED COMMUNITY DEVELOPMENT BLOCK GRANT OPERATION PAINTBRUSH PROGRAM GUIDELINES; PROVIDING FOR 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 revised Community Development Block Grant Operation Paintbrush Program 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 Section 2: All resolutions or parts of resolutions inconsistent with the terms of this resolution are hereby repealed, provided, however, that such repeal shall be only to the extent of such inconsistency; and in all other respects, this resolution shall be cumulative of other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. IL iRANDON (CAPETILL , Mayor APPROVED AS TO FORM: KAREN L. HORNER, City Attorney RAKaren Anderson\RESOLUTIONS CITY COUNCILU2021.04.22WdoptingCDBGRevOperationPaintbrushGuidelines.doc Exhibit "A" Amended 04/22/2021 Operation Paintbrush (OP) Guidelines Program Description Operation Paintbrush is a program that will be utilized in the Community Development designated Neighborhood Improvement Program (NIP) areas. 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 a neighborhood that is currently, or has previously been, identified as a Neighborhood Improvement Program area; 2. Applicant must own and occupy the home as their primary residence; 3. All members of applicant's household must be legal residents of the United States; 4. 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 -The Woodlands -Sugar Land Metropolitan Statistical Area; and 5. An applicant/home that has received assistance through the Owner -Occupied Housing Rehabilitation or Operation Paintbrush Programs within the past five (5) years will not be eligible for this program. Eligible homes;'structures must meet the following criteria: 1. Located within a neighborhood that is currently, or has previously been, identified as a Neighborhood Improvement Program area; 2. Single-family, detached dwelling units and eligible accessory structures (e.g., garages, sheds or storage units). Accessory structures may qualify for the program only in conjunction with eligible single-family, detached dwelling units. 3. 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. Amended 04/22/2021 City's Responsibilities 1. 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 - 100% of the project cost. 2. If the Items a or b hereinabove or death occurs within six (6) months - 75% of the total project cost. 3. If the Items a or b hereinabove or death occurs within nine (9) months - 50% of the total project cost. 4. If the Items a or b hereinabove or death occurs within twelve (12) months - 25% 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 in Section 2251.025 of the Texas Government Code. General Information Amended 04/22/2021 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.