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H. No member of the San Marcos City Council and no other official, employee, or agent <br />of the City who exercises any policy-decision making function in connection with the <br />program shall directly or indirectly be eligible for assistance through the program. <br />1. Applications will be accepted on a first-come, first-served basis until program funds <br />are gone. City staff will review the applications for completeness and eligibility <br />before the application is formally accepted. <br />J. Applicants must have obtained a valid, pre-approved conditional mortgage <br />commitment letter from an accredited lender before applying for the program. <br />K. The applicant must not owe any outstanding taxes or debts to the City prior to the <br />award of the assistance and must have satisfied any prior City housing program <br />requirements. <br />5. <br />PROPERTY ELIGIBILITY STANDARDS <br />A. Homes must be located inside the San Marcos city limits. <br />B. The home must be a new or existing single-family dwelling as defined in the City's <br />Land Development Code. Manufactured housing is not an eligible form of housing <br />for this program. <br />C. The purchase price for the home cannot exceed 95% of the median purchase price <br />for the area as specified in Section 203 (b) of HUD's FHA single-family mortgage <br />insurance program. An appraisal shall be obtained to verify that the property <br />does not exceed this amount. <br />D. The property must satisfactorily clear a HUD-required environmental review which <br />will be performed by City staff. <br />E. Homes located within the 100-year floodplain must be elevated so that the structure <br />is at or above the established base flood elevation to be eligible for the program. <br />Flood insurance must be maintained for the life of the FTH loan in an amount not <br />less than the amount of the FTH loan. Documentation of acquisition of a one-year <br />flood insurance policy and a flood elevation certificate must be submitted prior to <br />closing as a part of the application process. <br />F. The housing unit must pass a Housing Quality Standards Evaluation. <br />G. A Certificate of Occupancy must be submitted prior to closing for new construction. <br />H. Homes constructed prior to 1978 are not eligible for assistance. An exception <br />may be authorized by the City after review of a lead risk assessment report <br />prepared by a certified Lead Risk Assessor in compliance with 24 CFR Part 35 Lead <br />Safe Housing requirements. <br />1. The sale of this property cannot displace occupants who are not the owners of the <br />property being purchased. A signed Buyer/Seller Certification of Purchase will be <br />required. • <br />J. Owner-financed properties are not eligible for assistance. Lease-Purchase <br />4/09 Revised First-Time Homebuyer's Program Page 4