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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.