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<br />ASKINS & ARMSTRONG, P.C. <br /> <br />ATTORNEYS AT LAW <br />702 W. FAIRMONT PARKWAY <br />P. O. BOX 1218 <br />LA PORTE, TEXAS 77572-1218 <br /> <br />CLARK T. ASKINS <br /> <br />TELEPHONE 281 471-1886 <br />TELECOPIER 281 471-2047 <br /> <br />E-MAIL: kwaskins@aol.com <br />iohn-a@swbell.net <br />ctaskins@swbell.net <br /> <br />KNOX W. ASKINS <br />JOHN D. ARMSTRONG <br /> <br />May 16, 2006 <br /> <br />Mayor and City Council <br />City Hall <br />City of La Porte <br /> <br />RE: Fee waiver ordinance <br /> <br />Dear Mayor and Council: <br /> <br />I have been asked to render an opinion on the proposed expansion of Ordinance <br />2003-2665, to include waiver of permitting, inspection, and parkland fees for low- <br />income housing developments in the city. Specifically, it has been asked if it would be <br />permissible for the city to waive fees in the case of developments for low income <br />housing construction where the construction is handled by for-profit companies. <br /> <br />Our office has reviewed the matter and is satisfied that so long as the ultimate <br />purchaser under a low-income housing development program is a qualifying buyer <br />under applicable HUD regulations, then there shouldn't be an issue under the law if the <br />builder is a for-profit company. That is, HUD regulations do not disqualify for-profit <br />companies from participating in development of HUD subsidized projects, and on this <br />basis, city council may as a policy matter decide to waive fees towards such projects, to <br />lower the end cost to the buyer. <br /> <br />In this regard I believe that Knox Askins has advised the Planning Department <br />that as a part of the fee waiver process that it continue to require, and maintain in its <br />records, documentation evidencing that a particular development and home purchase <br />has been certified under HUD, in the case of low-income housing. <br /> <br />Thank you, and should you have any questions please do not hesitate to contact <br />me at my office. <br /> <br />Sincerely, <br /> <br />~7:~ <br /> <br />Clark T. Askins <br />Assist. City Attorney <br />