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R-05-12-15-9F3 - 12/15/2005RESOLUTION NO. R -05-12-15-9F3 WHEREAS, the City of Round Rock has applied for 'and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the Minor Home Repair Program is a Community Development Block Grant rehabilitation program available to income eligible homeowners in Round Rock, and WHEREAS, the City Council wishes to adopt the Minor Home Repair Program Policies and Procedures, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Minor Home Repair Program Policies and Procedures, attached hereto as Exhibit "A" and incorporated herein for all purposes, are hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 15th day of December, 2005. 2. WELL, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secr;tary @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R51215F3.WPD/SC CITY OF ROUND ROCK MINOR HOME REPAIR PROGRAM POLICIES AND PROCEDURES December, 2005 ROUND ROCK TE PURPOSE, PASSION. ., PROSPE EXHIBIT Office of Community Development 301 West Bagdad, Suite 140 Round Rock TX 78664 512-341-3328 phone 512-341-3152 fax CITY OF ROUND ROCK MINOR HOME REPAIR PROGRAM POLICIES AND PROCEDURES December 2005 TABLE OF CONTENTS 1. General Provisions 1 A. Purpose of the Program 1 B. Program Funding Source 1 C. Applicability of Other Federal/State Regulations 1 2. Types and Terms of Program Assistance 1 A. Type of Award 1 B. Terms of Assistance 1 C. Maximum Number of Awards 1 D. Minimum Award 1 3. Household Selection and Eligibility .. 2 A. Ownership 2 B. Occupancy 2 C. Property Taxes 2 D. Maximum Income 2 E. Priorities 3 4. Property Selection and Eligibility 3 A. Location 3 B. Types of Structures 3 C. Maximum Number of Awards Per Property 4 D. Applicant's Insurance 4 5. Determination of Gross Income 4 A. Method of Determining Income 4 B. Annual Gross Income Calculation 4 C. Sources of Income 4 D Income Exclusions 5 E. Federal Income Tax Returns 7 6. Implementation Procedures 7 A. Program Application 7 B Application Review 8 C. Environmental Review 8 D. Initial Property Inspection 9 Minor Home Repair Program 12/15/05 Pagei E. F. G. H. I. J. K. L. Statement of Work 9 Transmittal of Statement of Work 9 Bid Estimates and Selection of Contractor 9 Best Bid Evaluation 10 Award Notification 10 Notice to Proceed 10 Commencement of Work 11 Fund Disbursement/Contractor Payments 11 7. Contractor Selection 13 A. Performance of Work 13 B Letters of Intent 13 C. Warranty 13 8. Appeals 14 9. Program Changes 14 10. Files and Records 14 11. Property Close -Out 14 12. Awardee Employees Not Held Liable 14 Attachment 1- Application Checklist Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 - Attachment 7 - .15 - Verification of Employment 16 - Verification of Mortgage or Deed of Trust 17 - CDBG Program Eligibility Release Form 18 — Verification of Assets on Deposit 20 Property Rehabilitation Standards 21 Minor Rehabilitation Environmental Review 24 Minor Home Repair Program 12/15/05 Page ii 1. GENERAL PROVISIONS A. Purpose of the Minor Home Repair Program (Program) The primary Program objectives are to make minor health and safety related repairs to owner -occupied homes. Priority will be given to very -low income applicant and income eligible elderly or disabled occupants. B. Program Funding Source The funding source for this Program is through Community Development Block Grant ("CDBG") funds, received from the U.S. Department of Housing and Urban Development ("HUD"). C. Applicability of Other Federal/State Regulations While all rehabilitation awards are subject to the requirements of these Minor Home Repair Program Policies and Procedures (Program Procedures), there may be additional special provisions and limitations on rehabilitation awards depending on the funding source. Consequently, additional requirements not shown in these Program Procedures may apply and thus, these Program Procedures may be amended from time to time by the CDBG Coordinator to reflect changes in the requirements of the funding source for this Program. 2. TYPES AND TERMS OF PROGRAM ASSISTANCE A. Type of Award Maximum $15,000 per applicant; $15,000 lifetime per applicant with no more than two awards total. B. Terms of Assistance Assistance is in the form of a loan award. No repayment is required unless Applicant does not retain ownership of the property for at least five (5) years from the date of the lien note. C. Maximum Number of Awards An applicant may not be awarded more than one award in a three-year period even if the award is less than $15,000. D. Minimum Award Amount No award will be made for less than $1,000 or more than $15,000. Minor Home Repair Program 12/15/05 Page 1 3. HOUSEHOLD SELECTION AND ELIGIBILITY Eligible applicant will be accepted into the Program in the order that their name appears on the City's existing rehabilitation Program waiting list. In the case where no waiting list exists, applicant will be selected on a first-come, first-served basis. Household eligibility will be assessed on the following: A. Ownership Applicant must be named on the Warranty Deed or Title, as the owner of the Property and principal resident. A Contract for Deed is not an acceptable form of ownership. B. Occupancy Homeowner must reside in and been the owner(s) of the Property to be rehabilitated for at least six months prior to the submission of its application. Applicant will retain ownership for at least five (5) years from the date of the lien note. C. Property Taxes All delinquent property taxes shall be paid on the property prior to the Program award, or the applicant must have qualified for and received the tax deferral as allowed under Section 33.06 of the Texas Property Tax Code. Written verifications must be placed in each applicant's file. For verifications conducted via telephone, a fully completed telephone confirmation form (including, but not limited to the date of contact, name of contact, and phone number of contact) must be completed. D. Maximum Income For the purposes of this Program, all persons named on the title and all persons on the Property are considered household members for the purposes of determining income eligibility unless it can be proven through evidence satisfactory to the City that a person named on the title is NOT living on the Property. The GROSS annual income for ALL household members cannot exceed the applicable income shown in the following chart: Minor Home Repair Program 12/15/05 Page 2 MAXIMUM INCOME CHART Household Size Extremely Low Income (30% of Area Median) Very Low Income (50% of Area Median) Low Income (80% of Area Median) 1 $14,950 $24,900 $39,800 2 $17,050 $28,450 $45,500 3 $19,200 $32,000 $51,200 4 $21,350 $35,550 $56,900 5 $23,050 $38,400 $61,450 6 $24,750 $41,250 $66,000 7 $26,450 $44,100 $70,550 8 $28,150 $46,950 $75,100 Source: U.S. Department of Housing & Urban Development, February 11, 2005. These income figures are subject to change annually. E. Priorities 1. First priority shall be given to Applicants whose annual family income is thirty percent (30%) or less than median as identified in the chart above and income eligible elderly or disabled occupants. 2. Second priority shall be given to Applicants whose annual family income is fifty percent (50%) or less than median as identified in the chart above. 3. Third priority shall be given to Applicants whose annual family income is eighty percent (80%) or less than median as identified in the chart above. 4. If there is no waiting list, then applications will be considered on a first come, first served basis. 4. PROPERTY SELECTION AND ELIGIBILITY Eligibility will also be assessed on the following: A. Location To qualify for an award, the Property must be located within the corporate city limits of Round Rock. B. Types of Structures Eligible structures include owner -occupied single-family property (one unit), condominiums, and town homes. Minor Home Repair Program 12/15/05 Page 3 C. Maximum Number of Awards Per Property A limit of one award during a three-year period, with no more than two awards total. D. Applicant's Insurance Proof of insurance is required. 5. DETERMINATION OF GROSS INCOME A. Method of Determining Income The City shall follow 24 CFR Part 5 requirements for computing annual income. B. Annual Gross Income Calculation Income is defined as the gross amount, before any deductions have been taken, of income that is anticipated to be received by all adult household members and persons during the upcoming twelve (12) months. C. Sources of Income (24 CFR Part 5 Annual Income Inclusions) Sources of income used in determining gross annual household income are as follows: 1. All wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services (before any payroll deductions). 2. Net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness cannot be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family. 3. Interest, dividends and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in Section 5, Part C, Paragraph 2. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where family has net assets in excess of $5,000, excluding property, annual income shall include the greater of the actual income derived from all net family assets or percentage of the value of such assets based on the current passbook savings rate (.60 percent for 2004). Minor Home Repair Program 12/15/05 Page 4 4. The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts, including a lump sum payment for the delayed start of a periodic payment. 5. Payments in lieu of earnings, such as unemployment, worker's compensation, severance pay and welfare assistance, excluding, however, lump sum payments under health and accident insurance such as worker's compensation (except as provided in Section 5, Part D, Paragraph 3). 6. Welfare Assistance. If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: A. The amount of the allowance or award exclusive of the amount specifically designated for shelter or utilities; plus B. The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph is the amount resulting from one application of the percentage. 7. Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling to the extent that such payments are reasonably expected to continue. 8. All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is the head of the family, spouse or other person whose dependants are residing in the unit (except as provided in Section 5, Part D, Paragraph 7) D. Income Exclusions The following income exclusions shall apply in the determination of gross income: 1. Income from the employment of children under the age of 18 years. 2. Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone). Note: Foster children shall not be used in the determination of the number of persons in the household. Minor Home Repair Program 12/15/05 Page 5 3. Lump -sum additions to family assets, such as inheritance, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses. These items shall be considered as assets for the purposes of this Program. 4. Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member. 5. Income from a live-in or periodic medical care assistant (e.g. visiting nurses or care attendants) Note: A live-in or periodic medical care assistant shall not be used in the determination of the number of persons in the household. Live-in aide means a person who resides with one or more elderly persons, or near -elderly persons, or persons with disabilities, and who: (1) Is determined to be essential to the care and well-being of the persons; (2) Is not obligated for the support of the persons; and (3) Would not be living in the unit except to provide the necessary supportive services 6. Amounts of education scholarships paid directly to the student or the educational institution and amounts paid by the government to veterans for use in meeting the costs of tuition, fees, books and equipment. Any amounts not used for these purposes are to be included as income. 7. The special pay for a household member serving in the Armed Forces who is exposed to hostile fire. 8. Amounts received under HUD -funded training Programs or received under a public assistance Program that are specifically for out-of-pocket costs made solely to allow participation in a specific Program. 9. Temporary, non-recurring or sporadic income. 10. Reparation payments paid by a foreign government pursuant to claims uner the laws of that government by persons who were persecuted during the Nazi era. 11. Annual earnings in excess of $480.00 for each full-time student 18 years and older (excluding the head of household or spouse). 12. Adoption assistance payments in excess of $480.00 annually per child. 13. Lump sum payments of SSI and lump sum payments of Social Security benefits, the value of the allotment provided under the Food Stamp Act of 1977. Minor Home Repair Program 12/15/05 Page 6 E. Federal Income Tax Returns All household members and all persons named on the title shall be required to provide Federal Income Tax Returns for the two previous calendar years. The Federal Tax Return will be used as a basis to verify gross income as well as household composition. 6. IMPLEMENTATION PROCEDURES The following implementation procedures may be modified at the discretion of the CDBG Coordinator: A. Program Application Applications will be provided to persons in the order that their name appears on the City's Program waiting list. If no waiting list exists, applications will be provided on a first-come, first-served basis. The applicant must submit the following documents: 1. Signed application for all persons named on the title including, but not limited to, the following attachments: Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - Attachment 5 — Application Checklist Verification of Employment Verification of Mortgage or Deed of Trust CDBG Program Eligibility Release Form Verification of Assets on Deposit 2. Copy of Warranty Deed or Title for single family homes, condominium, or town homes. 3. Copy of signed complete set of most current and previous Federal Income Tax Returns, including all schedules and attachments for all persons in the household and named on the title. 4. Copies of paycheck stubs for the last thirty (30) days for all wage earners in household or verification of wages from current employer. 5. Other income documentation (supply a copy of the award letter or a copy of the check or direct deposit bank statement): a. Social Security/SSI b. Retirement c. Disability d. AFDC Minor Home Repair Program 12/15/05 Page 7 e. Interest on Savings/Income Earning Accounts 6. Three (3) most recent bank statements; 7. Proof that property tax payments are current; 8. Copy of Social Security Card; 9. Copy of valid current identification (e.g. driver's license or State of Texas ID); 10. Signed Lead Based Paint Notification Form (required for properties built before 1978; 11. Other support documentation as requested by the City. B. Application Review Upon receipt of the completed Application, City Staff reviews the application as follows: 1. City Staff determines if applicant and property are eligible based on application and other supporting documentation. 2. If applicant does not satisfy the Program requirements, City Staff sends notice of ineligibility to applicant documenting the reasons for ineligibility. 3. If applicant is deemed eligible, City Staff arranges for initial inspection of the property to determine eligibility of the scope of repairs for the property. C. Environmental Review Upon receipt of the Application, City Staff prepares environmental documentation assessing the environmental eligibility of the rehabilitation Property. City Staff shall determine whether the property to be rehabilitated meets the Minor Rehabilitation Environmental Review Criteria format per 24 CFR §58.15: 1. Property is an existing residential structure; 2. Property is not located in a Special Flood Hazard Area; 3. Property is not located within a Coastal Zone; 4. Property does not require further consultation from the State Historic Preservation Office; 5. Property is not located in an Airport Clear Zone; Minor Home Repair Program 12/15/05 Page 8 6. Property will not result in increased density or cause a vacant building to become physically or legally habitable; or 7. Property is not located near visible toxic substances, chemical waste, dumps, landfills, industrial sites, or any other facilities capable of releasing toxic chemicals, hazardous wastes, or radioactive materials. If the property meets all of the above, City Staff shall prepare HUD Form "Minor Rehabilitation Environmental Review" (Attachment 6 to the Procedures) and determine whether the property to be rehabilitated meets all environmental requirements under 24 CFR Part 58.5 and can be rehabilitated through the Program. If the property does not meet criteria in Section 6, Paragraph C, or does not comply with 24 CFR Part 58.5 based on completion of the Minor Rehabilitation Environmental Review form, the property cannot be rehabilitated through the Program. D. Initial Property Inspection Once it has been determined that the applicant meets the basic financial and property eligibility requirements, a meeting will be scheduled with the applicant at the property site with City Staff to discuss repairs being requested. Upon confirmation of the need for repair, City Staff shall arrange for an independent inspection of the home by the Construction Advisor with the applicant to inspect and identify home maintenance items for repair or replacement, building code violations, local code violations, and health and safety deficiencies, as appropriate. The Construction Advisor shall be a licensed property Construction Advisor in the state of Texas. E. Statement of Work Once the initial inspection has been conducted, a Construction Advisor prepares a Statement of Work, which details the repair work to be done on the property. F. Transmittal of Statement of Work Once the Statement of Work is completed by a Construction Advisor, it is signed by both the Construction Advisor and the applicant. The applicant must submit the Statement of Work to City Staff for review. City Staff will determine if Statement of Work is reasonable. G. Bidding and Selection of Contractor Bids will be obtained in accordance with the City's policies and procedures. Minor Home Repair Program 12/15/05 Page 9 H. Best Bid Evaluation City shall select a contractor using the following guidelines. All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 1. Bid price 2. Reputation of the bidder and of bidder's goods and services. 3. The quality of the bidder's goods or services. 4. The extent to which the goods or services meet the City's needs. 5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 6. City Staff will evaluate the bids received for each Statement of Work utilizing the R.S. Means Residential Cost Data 2004 or latest version and/or local estimating experience. 7. City Staff reviews Contractor bids for cost reasonableness. Any equipment being replaced or repaired shall be substantially equal to the original condition, unless an upgrade is required for Code compliance. If the bids are determined to be unreasonable, City Staff will rebid and revise Statement of Work. I. Award Notification 1. City Staff approves the funding award and will notify the Applicant with an award letter. 2. Upon acceptance of terms and conditions stated in the award letter, Applicant shall sign the Community Housing Repair Program agreement and the City shall enter into an agreement with the contractor. 3. Prior to the execution of the agreement with the contractor, City Staff shall verify that the Contractor is not listed in HUD's Federal List of Debarred Contractors, a listing of Contractors who are debarred from participating in federally funded Properties. J. Notice to Proceed Upon the execution of all award documents, City Staff shall issue a written Notice to Proceed to the Contractor with a copy to the Applicant. Minor Home Repair Program 12/15/05 Page 10 K. Commencement of Work Work will commence no later than thirty (30) calendar days after receipt of the Notice to Proceed. L. Fund Disbursement/Contractor Payments 1. Request for Payment Upon completion of work set out in the Award Letter and Agreement, the Contractor will submit the following to City Staff: a. Original invoice identifying the work items completed and their cost; b. Original, completed and signed material and labor release forms; and c. Copy of signed -off building inspection cards. 2. Pre -Payment Inspection Upon receipt of all items in Section 6, Part K, Paragraph 1, a Construction Advisor shall: a. Inspect the property to ensure all work has been completed; b. Determine if all applicable permits have been obtained; and c. Obtain a signature from the Applicant on the Contractor Payment Request form that indicates the Applicant is satisfied with the work and the amount to be paid to the Contractor.Prompt payment policy: 3. Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: a. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or b. The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or Minor Home Repair Program 12/15/05 Page11 c. The is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or d. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or contract or other such contractual agreement. 4. Processing Payment a. City Staff will request payment. Attached to the request will be: i. The original invoice; and ii. Copy of the Contractor Payment Request Form. iii. City of Round Rock purchase order authorization to pay (green sheet). b. The check will be made payable to the Contractor. c. City Staff will make a copy of the check, making a "Received by" notation where the Contractor or person picking up the check will sign. If the check is to be mailed, a notation of the mailing date is to be noted on the copy of the check. 5. Change Orders When in the course of rehabilitation it becomes necessary to expand the Statement of Work, a Change Order is processed as follows: e. The Change Order is submitted to the City by the Contractor and must be signed by the Applicant. Any change order is subject to City approval and a Construction Advisor opinion. f. The Change Order identifies: g. Minor Home Repair Program 12/15/05 i. the date of the Change Order; and ii. a description of the items to be deleted, modified or added and the change in cost. The total cost of the award may not exceed $15,000. If a contingency amount is not available, it may be necessary to delete less critical work in order to be able to cover the cost of the more serious repair work. Page 12 h. In the event that the total contract amount is changed, an amendment to the agreement with the contractor will be made. 7. CONTRACTOR SELECTION A. Performance of Work Applicants may NOT perform repairs themselves. All work must be performed by Contractors meeting the requirements listed in Paragraphs B, C, D, E, and F below. B. Letters of Interest The City of Round Rock will accept letters of interest from qualified Contractors for the purpose of bidding on rehabilitating properties. Eligible Contractors shall submit the following documentation to the City: 1. A photocopy of their current license from the State of Texas Contractors State License Board indicating the classification ("B" for general and "C" for specialized work). 2. Certificate of Insurance for general liability in an amount not less than $100,000, naming the City of Round Rock as additional insured. 3. Evidence of current worker's compensation coverage, if applicable. 4. Not less than three (3) references. 5. Certification that that the Contractor will not discriminate against any protected group of persons under State and Federal law. 6. A performance bond, if applicable. C. Warranty All work performed by the Contractor shall be warranted for a period of not less than one (1) year. (The equipment shall be warranted against defects in material and workmanship for a period of not less than twelve (12) months beginning with the date of acceptance. If the manufacturer's standard warranty exceeds the minimum required time, then the manufacturer's standard warranty shall be in effect. The successful Contractor shall furnish a copy of the manufacturer's warranty at time of delivery. Such warranty shall be stipulated in the bid submitted from the Contractor to the City. For the warranty period, the Applicant may require the Contractor to correct defects or problems arising from his or her work. Should the Contractor fail to do so, the Applicant may take any necessary legal recourse. Minor Home Repair Program 12/15/05 Page 13 8. APPEALS If City Staff has disapproved an application for funding, an applicant may appeal the decision in writing to the Director of the Planning and Community Development Department within ten (10) days following receipt of the City's written notification. The Director shall notify the applicant in writing of the final decision on the appeal of the application for funding. 9. PROGRAM CHANGES At the discretion of the Community Development Coordinator, the Program may be modified to ensure timely expenditures of Program funds and to otherwise meet the intent of assisting lower income applicants in improving their homes through the Program. 10. FILES AND RECORDS The Community Development Coordinator shall maintain accurate files and records on each applicant and shall retain all pertinent documentation for a period of five (5) years after the completion of the Program. Such files shall be open for inspection in accordance with the Texas Public Information Act. 11. PROPERTY CLOSE-OUT City Staff shall ensure that upon completion of each rehabilitated Property, the following close- out forms are retained in the files: A. Homeowner Rehab Completion Report — CDBG; B. Minority/Women Owned Business Enterprise (M/WBE) Report; and C. Certificate of Completion and other such forms as may be required by the City. 12. EMPLOYEES NOT TO BE HELD LIABLE No member, officer, agent or employee of the City of Round Rock shall be held personally liable concerning any matters arising out of or in relation to the commitment of CDBG Program funds with regard to feasibility or viability of the proposed project. Minor Home Repair Program 12/15/05 Page 14 ATTACHMENT 1 Application Checklist This form must be checked off and attached to the front of the completed application. ❑ Signed application for all persons named on the title including, but not limited to, the following attachments: Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - Attachment 5 — Application Checklist Verification of Employment Verification of Mortgage or Deed of Trust CDBG Program Eligibility Release Form Verification of Assets on Deposit ❑ Copy of Warranty Deed or Title for single family homes, condominium, or town homes. ❑ Copy of signed complete set of most current and previous Federal Income Tax Returns, including all schedules and attachments for all persons in the household and named on the title. Li Copies of paycheck stubs for the last thirty (30) days for all wage earners in household or verification of wages from current employer. Other income documentation (supply a copy of the award letter or a copy of the check or direct deposit bank statement): n n Social Security/SSI Retirement Disability AFDC Interest on Savings/Income Earning Accounts ❑ Three (3) most recent bank statements; Proof of property tax payment; Copy of Social Security Card; Copy of valid current identification (e.g. driver's license or State of Texas ID); n Signed Lead Based Paint Notification Form (required for properties built before 1978; Minor Home Repair Program 12/15/05 Page 15 ATTACHMENT 2 Verification of Employment ROU R4i}CCK TES REQUIRE US TO OF THE THE CDBG THIS IN WILL BE AND RETURN EMPLOYED SINCE: OCCUPATION: SALARY: EFFECTIVE DATE OF LAST INCREASE: ruts rz lot rxos enrx City of Round Rock Office of Community Development 301 West Bagdad, Suite 140 Round Rock, TX 78664 AUTHORIZATION: FEDERAL REGULATIONS VERIFY EMPLOYMENT INCOME OF ALL MEMBERS HOUSEHOLD APPLYING FOR PARTICIPATION IN PROGRAM WHICH WE OPERATE AND TO REEXAMINE INCOME PERIODICALLY. WE ASK YOUR COOPERATION SUPPLYING THIS INFORMATION. THIS INFORMATION USED ONLY TO DETERMINE THE ELIGIBILITY STATUS LEVEL OF BENEFIT OF THE HOUSEHOLD. YOUR PROMPT RETURN OF THE REQUESTED INFORMATION WILL BE APPRECIATED. A SELF-ADDRESSED ENVELOPE IS ENCLOSED. BASE PAY RATE: $ /Hour; or $ /Week; or $ /Month Average hours/week at base pay rate: Hours N0. WEEKS , OR NO. WEEKS WORKED/YEAR _ OVERTIME PAY RATE: $ /HOUR EXPECTED AVERAGE NUMBER OF HOURS OVERTIME WORKED PER WEEK DURING NEXT 12 MONTHS Any other compensation not included above (specify for commissions, bonuses, tips, etc.): FOR: $ PER IS PAY RECEIVED FOR VACATION? YES NO IF YES, NO. OF DAYS PER YEAR TOTAL BASE PAY EARNINGS FOR PAST 12 MOS. $ TOTAL OVERTIME EARNINGS FOR PAST 12 MOS. $ PROBABILITY AND EXPECTED DATE OF ANY PAY INCREASE: DOES THE EMPLOYEE HAVE ACCESS TO A RETIREMENT ACCOUNT? YES No IF YES, WHAT AMOUNT CAN THEY GET ACCESS TO: $ RELEASE: I HEREBY AUTHORIZE THE RELEASE REQUESTED INFORMATION. OF THE ELIGIBILITY OF THE Signature of or Authorized Representative Title: Date: (SIGNATURE OF APPLICANT) Date: TELEPHONE: OR A COPY OF THE EXECUTED "CDBG PROGRAM RELEASE FORM," WHICH AUTHORIZES THE RELEASE INFORMATION REQUESTED, IS ATTACHED. WARNING: TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT. Minor Home Repair Program 12/15/05 Page 16 ATTACHMENT 3 - Client # VERIFICATION OF MORTGAGEOR DEED OF TRUST The applicant identified below has applied for a housing rehabilitation loan from . The applicant has authorized this Agency in writing to obtain verification of the status of existing mortgages on the property from any source named in the application. The requested information in this verification of mortgage is for the confidential use of this Agency and the U.S. Department of Housing and Urban Development. Please furnish the information requested below and return this form using the stamped, addressed envelope provided. If you have any questions, please feel free to contact our office. Thank you for your cooperation. ( ) Name Title Telephone No. PART I. APPLICANT INFORMATION (To be completed by applicant) Name of Applicant Address of Applicant Address of Mortgaged Property Mortgage Account Number PART 1I. LENDER INFORMATION (To be completed by applicant) Name of Lender Address of Lender PART III. MORTGAGE INFORMATION (To be completed by LENDER) Date of Mortgage Original Principal Amount $ Date of Maturity Current Principal Balance $ Monthly Payment: Principal and Interest $ Mortgage Insurance $ Real Estate Tax Escrow $ Hazard Insurance Escrow $ Other $ Total Monthly Payment $ Type of Mortgage: Conventional FHA VA Other Terms: Fixed ARM Other Lien Position: 1St Mortgage 2nd Mortgage Other Are Payments Current? Yes No If No, amount in arrears $ and periods of arrears Termination fee or prepayment penalty $ Completed By: Name Title Signature Telephone No. Date WARNING: Section 1001 of Title 18 of the U.S. Code makes it a criminal offense to make willful false statements or misrepresentations to any Department or Agency of the United States as to any matter within its jurisdiction. Minor Home Repair Program 12/15/05 Page 17 Minor Home Repair Program 12/15/05 ATTACHMENT 4 CDBG Program Eligibility Release Form Page 18 CDBG Program Eligibility Release Form CITY OF ROUND ROCK, OFFICE OF COMMUNITY DEVELOPMENT 301 WEST BAGDAD, SUITE 140 ROUND ROCK, TX 78664 Purpose: Your signature on this CDBG Program Eligibility Release Form, and the signatures of each member of your household who is 18 years of age or older, authorizes the above-named organization to obtain information from a third party relative to your eligibility and continued participation in the CDBG Minor Home Repair Program Privacy Act Notice Statement: The Department of Housing and Urban Development (HUD) is requiring the collection of the information derived from this form to determine an applicant's eligibility in a CDBG Program and the amount of assistance necessary using CDBG funds. This information will be used to establish level of benefit on the CDBG Program; to protect the Government's financial interest; and to verify the accuracy of the information furnished. It may be released to appropriate Federal, State, and local agencies when relevant, to civil, criminal, or regulatory investigators, and to prosecutors. Failure to provide any information may result in a delay or rejection of your eligibility approval. The Department is authorized to ask for this information by the National Affordable Housing Act of 1990. Instructions: Each adult member of the household must sign a CDBG Program Eligibility Release For prior to the receipt of benefit and on an annual basis to establish continued eligibility. Additional signatures must be obtained from new adult members whenever they join the household or whenever members of the household become 18 years of age. NOTE: THIS GENERAL CONSENT MAY NOT BE USED TO REQUEST A COPY OF A TAX RETURN. IF A COPY OF A TAX RETURN IS NEEDED, IRS FORM 4506, "REQUEST FOR COPY OF TAX FORM" MUST BE PREPARED AND SIGNED SEPARATELY. Head of Household—Signature, Printed Name, and Date: hamily Member HEAL) X /49ma ay_b items initialed by applicant/tenant. Authorization: I authorize the above-named CDBG Entitlement City and HUD to obtain information about me and my household that is pertinent to eligibility for participation in the CDBG Program. I acknowledge that: (1) A photocopy of this form is as valid as the original. (2) I have the right to review the file and the information received using this form (with a person of my choosing to accompany me). (3) I have the right to copy information from this file and to request correction of information I believe inaccurate. (4) All adult household members will sign this form and cooperate with the owner in this process. Other Adult Member of the Household—Signature, Printed Name, and Date: Family Member #2 Other Adult Member of the Household—Signature, Printed Name, and Date: Family Member #3 x Other Adult Member of the Household—Signature, Printed Name, and Date: Family Member #4 x vlinor Home Repair Program 12/15/05 Page 19 Verification Required Initials Income (all sources) Assets (all sources) Child Care Expense Handicap Assistance Expense (if applicable) Medical Expense (if applicable) Other (list) Dependent Deduction Full -Time Student Handicap/Disabled Family Member Minor Children Authorization: I authorize the above-named CDBG Entitlement City and HUD to obtain information about me and my household that is pertinent to eligibility for participation in the CDBG Program. I acknowledge that: (1) A photocopy of this form is as valid as the original. (2) I have the right to review the file and the information received using this form (with a person of my choosing to accompany me). (3) I have the right to copy information from this file and to request correction of information I believe inaccurate. (4) All adult household members will sign this form and cooperate with the owner in this process. Other Adult Member of the Household—Signature, Printed Name, and Date: Family Member #2 Other Adult Member of the Household—Signature, Printed Name, and Date: Family Member #3 x Other Adult Member of the Household—Signature, Printed Name, and Date: Family Member #4 x vlinor Home Repair Program 12/15/05 Page 19 ATTACHMENT 5 VERIFICATION OF: ASSETS ON DEPOSIT ROUND ROCK, TEXAS Checking Account No. Average Monthly Balance for Last 6 Months Current Interest rate ,,,,,,f:v.....,_ City of Office of Community 301 West Round Rock, AUTHORIZATION: us to verify Assets on Deposit household applying for Program which we operate income periodically. We supplying this information. used only to determine of benefit of the household. Your prompt return of the be appreciated. A self-addressed enclosed. PURPOSE. PASSION pRospER€n Round Rock Development Bagdad, Suite 140 TX 78664 Federal Regulations require of all members of the participation in the CDBG and to reexamine this ask your cooperation in This information will be the eligibility status and level requested information will return envelope is Savings Accounts Current Balance Current Interest Rate Certificate of Deposit Account No. Amount Withdrawal Penalty Current Interest Rate IRA, Keogh, Retirement Accounts Account No. Amount Withdrawal Penalty Current Interest Rate Money Market Funds Amount (Average 6 -month Balance) Interest Rate RELEASE: I hereby authorize the release of the requested information. Signature of or Authorized Representative Title: (Signature of Applicant) Date: Date: Or a copy of the executed "CDBG Program Eligibility Release Form," which authorizes the release of the information requested, is attached. Telephone: Minor Home Repair Program 12/15/05 Page 20 ATTACHMENT 6 REHABILITATION STANDARDS Code Correction Repairs: At a minimum, at the completion of each Property, health and safety issues and code violations shall be corrected. Every award made in this Program shall be used to finance rehabilitation standards that address all health and safety issues and code violations, and no award can be approved which would permit a dwelling unit, after rehabilitation, to be out of compliance with applicable codes. Applicable codes include: 1. the 2000 International Building Code; 2. the 2002 National Electrical Code; 3. the 2000 International Plumbing Code; 4. the 2000 International Mechanical Code; 5. Chapters 5-10 of the Uniform Housing Code; 6. ADA, Section 504, and 7. relevant sections of Title 24 that pertain to disability access; 8. City of Round Rock Code of Ordinances. In addition to requiring that the building be brought into compliance with applicable codes, the Program requires specific additional upgrades in all Properties. These include: 1. upgrade of electrical equipment grounding and bonding system; 2. GFCI replacement in kitchens, bathroom and exterior areas; 3. fire extinguishers; 4. smoke detector upgrades to current 2000 International Building Code; 5. installation of carbon monoxide detectors, if needed; and 6. exterior painting, if needed. Removal of Architectural Barriers to Improve Accessibility: Properties occupied by a disabled household member qualifies for services aimed at removing architectural barriers under the Program. In cases where it is not structurally or financially feasible to bring units into full compliance with Title 24 and Section 504, limited repairs or improvements increasing overall accessibility may be undertaken provided such repairs are conducted under a plan check, permit and inspection by the City of Round Rock Building Inspection Division. Minor Home Repair Program 12/15/05 Page 21 Examples of eligible repairs or improvements that will alleviate architectural barriers include, but are not limited to: 1. Widening doorways and hallways; 2. Replacement of doorknobs with lever action handles; 3. Sliding doors; 4. Grab bars; 5. Ramps; 6. Transitional floor coverings; 7. Bathtubs and showers; 8. Toilet (alterations or modifications); 9. Electrical switches and convenience outlet relocation; 10. Kitchen cabinet modifications; and 11. Plumbing alterations or modifications. ELIGIBLE IMPROVEMENTS UNDER THE MINOR HOME REPAIR PROGRAM In addition to the above -noted eligible improvements, Program funds are available for rehabilitation improvements that are considered the repair or replacement of items of a minor repair nature: 1. Water heater; 2. Plumbing fixtures; 3. Window screens; 4. Heating units; 5. Doors; 6. Door locks; 7. Windows; 8. Porch and step structures; 9. Handrails and guardrails; 10. Minor plumbing; 11. Faulty sub -flooring (and floor covering if sub -flooring causes it to be removed/ replaced); 12. Electrical wiring (outlets and switch replacement); 13. Weatherization, such as window caulking; 14. Modifications which aid the mobility of the elderly and physically disabled, such as shower units with seats, lever hardware, retrofitting toilets to achieve adequate height, moving power points and light switches, ramping, reconstructing doorways, lowering sinks in kitchens and bathrooms; 15. Fumigation and treatment of termites and pest control; 16. Air conditioners; and 17. Roofing. Minor Home Repair Program 12/15/05 Page 22 INELIGIBLE IMPROVEMENTS UNDER THE MINOR HOME REPAIR PROGRAM Ineligible improvements include the following: 1. Major replacement of systems including, but not limited to roofing, electrical and plumbing; 2. Recreational items, such as BBQ's, bathhouses, greenhouses, swimming pools, saunas, television antennas, tennis courts; 3. Luxury items, such as burglar alarms, burglar protection bars, dumbwaiters, kennels, murals, flower boxes, awnings, patios, decks storage sheds/workshops, microwaves and dishwashers; 4. Carpeting (other than carpet that is water -damaged carpet or shows excessive damage or wear); and 5. Other items deemed ineligible by the Community Development Coordinator. Minor Home Repair Program 12/15/05 Page 23 ATTACHMENT 7 Minor Rehabilitation Environmental Review Minor Home Repair Program 12/15/05 Page 24 Minor Rehabilitation Environmental Review (2001) This MRER tiered review format [per 24CFR §58.15) may only be used for the environmental review of the minor rehabilitation of existing residential structures [according to §58.35(a)(3») with or without the acquisition of the "existing structure [according to §58.35(a)(5»). It may not be used for projects involving changes of use. new construction or reconstruction activities. It may be used for the minor rehabilitation of individual units in a multi -family structure, but not for the rehabilitation/acquisition of an entire multi- family building, where using a Statutory Worksheet is recommended. Program/Project name and description: Minor Home Repair Program Definition of Area of Consideration: Address: (Map attached) (Attach a composite map showing area of consideration and floodplains) Instructions: The Factors addressed in this MRER form apply to the entire area of consideration (see NOTES below). Prepare an MRER form once for each program that meets the criteria of minor rehabilitation/acquisition at §58.35. and retain it in the Environmental Review Record (ERR). A new MRER must be completed whenever there are changes in the area of consideration or changes in the environmental conditions which could affect the program or which may bear on the program's impact on the environment. Upon completion of this form, publish/disseminate the Notice Of Intent to Request Release Of Funds per §58. 70. The NOI/RROF shall identify the significant issues to be addressed in the site- specific reviews (Appendix A) per §58. 15. Do not commit HUD funds to specific projects before obtaining the Authority to Use Award Funds (HUD form 7015.16) for the program or before completing the site-specific Appendix A. Site specific issues (historic preservation, air quality, explosive/flammable operations, toxic substances, airport clear zones) which apply to individual rehabilitation/acquisition proposals, shall be addressed by completing Appendix A when an individual loan or award application is received. Prior to approving any site-specific loan or award, complete the Appendix A for each structure, document the mitigation of impacts as necessary, and keep all supporting documents in the ERR as evidence of compliance. Area -wide Factors Floodplain Management 01 ❑ Check box only if no part of the area of consideration is located in a Special Flood Hazard Area (SFHA, i.e. area designated "A" or "V" Zone by FEMA). Zone , Map , Dated (Source documentation. e.g. FIRM panel number and date) If any part of the area of consideration is subject to flooding, proceed to complete Part I on back. Coastal Zone 02 ❑ Check box if no part of the area of consideration is within the Coastal Management D Zone according to the California Coastal Commission, Hawaii Coastal Commission, San Francisco Bay Conservation & Development Commission or the Planning Department (if certified Local Coastal Pian). GIS Department, City of Round Rock. (Source documentation) If any part of the area of consideration is within the Coastal Zone, complete Part 1 on back. NOTES: 1. Area of consideration is the geographic portion of a City or County from which applications for rehabilitation/acquisition loans or awards are to be accepted under this HUD -funded program. 2. Ordinarily, the following laws/authorities listed at 24 CFR 58.5 are not invoked by minor housing rehabilitation projects under the identified citations or references: Wetland Protection, Executive Order 11990, Sections 1 (a) and 2(a); Endangered Species Acct Agreement between HUD Region IX and U.S. Fish and Wildlife Service, based on 50 CFR 402.13; Wild and Scenic Rivers Act of 1968 16 U.SC. 1271 et. seq. as amended (particularly Sections 7(b) and (c)]• Farmland Protection Act. 7 CFR 658.3(c): Noise Abatement , 24 CFR 51.101(a)(2); Sole Source Aquifers. Memorandum of Agreement between HUD Region IX and U.S. Environmental Protection Agency Region IX, dated 4/30/90, and Executive Order 12898 Environmental Justice. Should exceptional circumstances require compliance with any of the authorities listed at §58.5, such compliance must be established as part of this environmental review prior to approving the site-specific loan or award. Minor Home Repair Program 12/15/05 Page 25 Part 1 FLOODPLAIN Management Complete this part if this program will ever involve any of the following activities in Special Flood Hazard Areas: (1) property acquisition, (2) rehabilitation of single family units exceeding 50% of the market value of the structure before rehabilitation, or (3) rehabilitation of multifamily structures. 1. Before approving any minor rehabilitation/acquisition loans or awards within a SFHA, comply with Executive Order 11988 by completing the 8 -step decision-making process for the entire area of consideration, according to 24 CFR §55.20. KEEP A COPY OF THIS ADMINISTRATIVE RECORD OF THE 8 -STEP PROCESS (including copies of all published notices) IN THE ENVIRONMENTAL REVIEW RECORD. 2. Did completion of the 8 -step process result in a determination that there is no practicable alternative to carrying out rehabilitation and/or acquisition of residential units within the Special Flood Hazard Area? ❑ Yes ❑ No 3. Is the community participating in the National Flood Insurance Program? ❑ Yes ❑ No 4. If either answer to questions #2 and #3 (or to both) is no, loans and awards may not be approved within the Special Flood Hazard Area. 5. If both answers to questions #2 and #3 are yes, compliance with this factor is documented. NOTE:: As an alternative to doing the 8 -step process, the responsible entity may choose to revise the boundaries of the area of consideration to exclude the Special Flood Hazard Areas (SFHA's). However, properties within the excluded portions would then be ineligible for HUD -assisted acquisition/rehabilitation loans or awards under this Program. WARNING: The Flood Disaster Protection Act (listed at §58.6) additionally mandates the purchase of flood insurance for buildings located in SFHA's as a condition of approval for federal financial assistance. Flood insurance protection is mandatory for acquisition, construction, reconstruction, repair and improvement activities, but not for routine maintenance activities. Recipients with projects located in SFHA's are responsible for ensuring that flood insurance is maintained for the statutorily -prescribed period and dollar amount. In the case of awards, flood insurance must be maintained for the life of the building. In the case of loans flood insurance must be maintained for the term of the loan. The necessary documentation for compliance is the Policy Declaration form. The amount of flood insurance coverage must be at least equal to the total project cost (less the estimated land cost) or to the maximum limit of coverage made available by the Act. Part 11 COASTAL ZONE MANAGEMENT Complete this part only if you have determined that the area of consideration (or portions of it) is within the Coastal Zone. 1. Have all acquisition/rehabilitation activities under this Program been found to be consistent with the applicable Coastal Zone Management Plan? ❑ Yes El No Source of this finding is: ❑ Certified local Planning Department ❑ California Coastal Commission / Hawaii Coastal Commission ❑ San Francisco Bay Conservation & Development Commission a. If question #1 was answered "Yes", STOP HERE. Compliance with the Coastal Zone Management Act is documented. b. If question #1 was answered "No", require the acquisition of the coastal zone permit or determination of consistency. DO NOT APPROVE ANY HUD -FUNDED LOAN OR AWARD WITHIN THE COASTAL ZONE before doing this. Mona Ryan Community Development Coordinator Preparer Name and Title Signature Date James M. Stendebach, AICP Director, Planning Department Responsible Entity Official -Name Minor Home Repair Program Updated 8/01/05 Signature Page 26 Date APPENDIX A(200l) This Appendix A must be completed for each residential structure proposed for minor rehabilitation and/or acquisition before funds are committed to specific projects. It may be used only in conjunction with a currently updated MBEB (Minor Rehabilitation Environmental Review) form. Completion of the Appendix A will not require the submission of an RROF /EC (Request for Release of Funds/ Environmental Certification) if it was submitted at the conclusion of the MRER, unless there are unanticipated impacts/circumstances which have previously not been adequately addressed. Building Address: Part III HISTORIC PRESERVATION 1. Does the project involve only those activities permitted without further consultation under a programmatic agreement among the responsible entity, the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) and the Advisory Council on Historic Preservation? ❑ Yes ® No If yes, note date of programmatic agreement and STOP here; the Section 106 Historic Preservation review is complete. If no, PROCEED. 2. Does the project involve only acquisition and/or minor, interior rehabilitation of a 1-4 unit residential structure that is less than 50 years old, with no visible changes to the exterior and no potential to cause effects on historic properties per §800.3(a)(1)? 11 Yes ❑ No If Yes, record date of building construction: 19 .age: years and STOP here. The Section 106 Historic Preservation review part is complete. If No, PROCEED. 3. If the proposed rehabilitation involves exterior physical work on any structure, determine - in consultation with the appropriate SHPO-THPO - whether the building is listed, or eligible for inclusion in the National Register of Historic Places (NR). Is the building listed in or eligible for listing on the NR? ❑ Yes ❑ No If No, attach SHPO/THPO concurrence or other evidence and STOP here. This part is complete pursuant to 36 CFR §800.4(d). If Yes, Proceed. 4. Determine whether historic properties are affected per §800.4(d). Has SHPO/THPO concurred with your fully documented determination of "no historic properties affected", or failed to object within 30 days of receipt of such determination? ❑ Yes. Enclose documentation and stop here. Section 106 review is complete. ❑ No. Proceed. 5. Determine whether the project will have adverse effect on historic properties according to § 800.5, in consultation with the SHPO/THPO and consulting parties [see §800.2( c)]. Will this project have an adverse effect on historic properties ❑ Yes ❑ No If "no", attach SHPO/THPO concurrence and STOP here. This part is complete per 36 CFR §800.5(d)(1 ). If "yes", PROCEED. 6. Resolve Adverse Effects per §800.6 -in consultation with the SHPO/THPO, the Advisory Council on Historic Preservation (ACHP) if participating, and any consulting parties. The loan or award may not be approved until adverse effects are resolved according to §800.6 or ACHP comment is considered by the Responsible Entity. NOTES: 1. The determination/consultation of eligibility for the NR, may be sent to SHPO/THPO concurrently with the determination/consultation of effect or no effect and with the determination/consultation of adverse/no adverse effects. 2. A jurisdiction's Chief Executive Officer cannot delegate the decision to approve a project in opposition to Advisory Council comment. 3. Keep copies of this form, all SHPO/THPO and ACHP correspondence in the ERR as evidence of compliance with Section 106 of the National Historic Preservation Act. Part IV Airport Clear Zones 1. Does this project involve the purchase or sale of existing property? ❑ Yes ❑ No If no, STOP here. This part is complete, pursuant to 24 CFR Subpart D §51.302. If yes, PROCEED. 2. Is the subject property located in the Clear Zone (CZ), Approach Protection Zone, or in the Runway Clear Zone (RCZ) of a commercial civil airport or military airfield? ❑ Yes ❑ No Source Documentation: If no, STOP here; this part is complete. If yes, PROCEED. Minor Home Repair Program Updated 8/01/05 Page 27 Provide a disclosure statement advising the buyer that the property is in a RCZ or CZ, what the implications of such a location are and that there is a possibility that the property may, at a later date, be acquired by the airport operator. Obtain the buyer's signature acknowledging receipt of this information and attach it to this Appendix. (This requirement does not apply to Accident Potential Zones). Part V Explosive & Flammable Operations 1. Will this proposed acquisition/rehabilitation project result in increased residential density or cause a vacant building to become physically or legally habitable? ❑ Yes ❑ No If the answer to both questions is No, STOP HERE. This part is complete per 24 CFR §51.201. If the answer is Yes, PROCEED. 2. Is this proposed project within 1 mile of any visible, explosive -or -flammable -substance container (a stationary , above -ground tank with a capacity of more than 100 gallons)? ❑ Yes ❑ No (See 24 CFR 51C, Appendices 1 and II). Field inspection by: Date: If No, STOP here. This part is complete. If yes, PROCEED. 3. Note Tank volume: gallons, or diked area around tank_ square feet. Record distance from the project to the flammable/explosives container: feet. 4. According to HUD Guidebook "Siting of HUD -Assisted Projects Near Hazardous Facilities" (HUD -1060 -CPD), the Acceptable Separation Distance (ASD) for both, blast overpressure and thermal radiation is feet. (The applicable ASD [see Appendix F for Thermal Radiation or Appendix G for Blast Overpressure] is the greater of the two distances). The project is located at an Acceptable Separation Distance according to Appendices F and G. ❑ Yes ❑ No If yes, STOP here; this part is complete. If no, ❑ DENY PROJECT APPROVAL, or ❑ APPROVE only with the following mitigation measures according to 24 CFR §51.205: Part VI Toxic Substances and Radioactive Materials 1. Are there visible toxic substances, chemical waste, dumps, landfills, industrial sites or any other facilities capable of releasing toxic chemicals, hazardous wastes or radioactive materials at or near the proposed site? ❑ Yes ❑ No Proceed. 2. Does this project site contain an underground storage tank (which is not a residential fuel tank)? ❑ Yes ❑ No Proceed. Field inspection by: Date: 3. Do Federal, State or local environmental records sources reveal nearby sites which pose threats to the subject site occupants' health or safety? ❑ Yes ❑ No Document, proceed. Environmental Records Sources researched: City of Round Rock Code Enforcement Division; US EPA Underground Storage Tanks 4. Determination: Is the subject property is free of hazardous materials, contamination, toxic chemicals, gasses and radioactive substances which could affect the health or safety of occupants or conflict with the intended use of the property? ❑ Yes ❑ No If yes, the proposal is in compliance with HUD environmental policy on toxic/hazardous substances. If no, proceed. 5. Gather all pertinent information about the on-site or nearby toxic hazard -e.g. waste characteristics, quantity, distance, prevailing wind direction, direction of slope, etc. Contact the State Department of Health Services or Air Quality Management District (in California), as needed, for assistance in assessing exposure to health hazards. Determine whether nearby toxic, hazardous or radioactive substances could affect the health and safety of project occupants. 6. Mitigate the adverse environmental condition by shielding, removing or encapsulating the toxic substances in accordance with the requirements of the appropriate Federal, state or local oversight agency; OR reject the subject Minor Home Repair Program Updated 8/01/05 Page 28 proposal. DENY HUD ASSISTANCE if, after mitigation, the housing is still determined to be in an UNSAFE OR UNHEALTHY ENVIRONMENT. Enclose documentation. Part VII Lead Based Paint 1. Was the construction of the subject building completed on or after January 1, 1978? ❑ Yes ❑ No Proceed. If yes, stop here; this part is complete. If no, proceed. 2. Is this property a Single Room Occupancy Dwelling Unit, a residential property designated exclusively for persons with disabilities or the elderly; where a child under six years old is not expected to reside? ❑ Yes ❑ No Proceed. If yes, stop here; this part is complete. If no, proceed. 3. Has this property been inspected in accordance with §35.1320(a) and found not to have lead based paint? ❑ Yes ❑ No Proceed. If yes, stop here and attach a copy of the inspection report; this part is now completed. 4. Has all LBP been removed, interim controlled or abated and LBP clearance for the property achieved? ❑ Yes ❑ No Proceed. If yes, stop here and attach a copy of the clearance report; this part is now completed. 5. Is this rehabilitation which will not disturb a painted surface, or is the disturbance limited to 20 square feet exterior painted surfaces or 2 square feet painted surfaces in any one interior room? [See §35.1350(d)] ❑ Yes ❑ No If yes, stop here; this part is completed. If no, proceed to the number below, associated with the level of Federal rehabilitation assistance applicable to this project. 6. Are the average Federal funds for the hard costs of rehabilitation per unit limited to $5,000 or less? ❑ Yes ❑ No If yes, conduct paint testing per Sec. 35.930(a)(1) and implement safe work practices per § 35.930(a)(2) OR presume LBP and implement safe work practices. Either way, conduct a clearance examination, per §35.930(b)(3) after rehabilitation. Attach a copy of the paint test (if applicable) and clearance examination reports, after completion. 7. Are the average Federal funds for the hard costs of rehabilitation per unit more than $5000 but not exceeding $25,000? ❑ Yes ❑ No If Yes, conduct paint testing per Sec. 35.930(c)(1) and a risk assessment per Sec. 35.930( c )(2); perform interim controls per Sec. 35.1330 (see Sec. 35.930( c )(3)) OR presume LBP and/or hazards present and use standard treatments per Sec. 35.120(a). Either way, conduct a clearance examination per Sec. 35.930(b)(3) after rehabilitation. Attach a copy of the paint test and risk assessment (if applicable), and clearance examination reports, after completion. 8. Are the average Federal funds for the hard costs of rehabilitation per unit more than $25,000? ❑ Yes ❑ No If Yes, conduct paint test and perform a risk assessment per §35.930(d)(2), or presume LBP. Abate all LBP hazards identified by the paint test or risk assessment conducted and any LBP hazards created as a result of the rehabilitation work, in accordance with §35.1325, except that interim controls are acceptable on exterior surfaces that are not disturbed by rehabilitation. Either way, conduct a clearance examination per Sec. 35.930(b)(3) after rehabilitation. Attach a copy of the paint test and risk assessment (if applicable), and clearance examination reports, after completion. *Notes: If Federal rehabilitation assistance under the HOME program is used, recipient shall require property owner to incorporate ongoing LBP maintenance activities into regular building operations, per Sec. 35.1355(a) (see Sec. 35.935). Also, there are notification requirements for all rehabilitation activities: Lead Hazard Information Pamphlet, disclosure of known LBP hazards, and notices of lead hazard evaluation/reduction activity (see Sec. 35.910).)? Mona Ryan Community Development Coordinator Preparer Name and Title James M. Stendebach, AICP, Director Planning and Community Development Department Signature Date Responsible Entity Official -Name and Title Signature Minor Home Repair Program Updated 8/01/05 Page 29 Date Minor Home Repair Program Updated 8/01/05 Notes Page 30 Minor Home Repair Program Updated 8/01/05 Office of Community Development 301 West Bagdad, Suite 140 Round Rock TX 78664 Mona Ryan Community Development Coordinator Margie Lopez Community Development Specialist 512-341-3328 CDBG Dept. 512-341-3152 CDBG fax www.ci.round-rock.tx.uslplanninglcdclindex.htm Page 31 DATE: December 7, 2005 SUBJECT: City Council Meeting - December 15, 2005 ITEM: 9.F.3. Consider a resolution to adopt Minor Home Repair Program Policies and Procedures under the Community Development Block Grant Rehabilitation Program. Department: Planning and Community Development Department Staff Person: Mona Ryan, Community Development Coordinator Justification: The Minor Home Repair Program is a Community Development Block Grant rehabilitation program available to income eligible homeowners of Round Rock. Because of liability, it is important that policies are formally adopted by City Council. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This document has been reviewed and recommended for adoption by the Community Development Advisory Commission at the January 6, 2005 CDC meeting. Public Comment: None required.