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Home My WebLink AboutH-1 Ordinance: SHIP FundsCity of ~Vliami Gard~ens 1515-200 NW 16~ Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilwoman Sharon Pritchett Councilwoman Barbara Watson Councilman Andre Williams To: The Honorable Mayor and City Council From: Dr. Danny O. Crew, City Manager Thru: Daniel Rosemond, Community Development Director Date: March 14, 2007 Re: State Housing Initiative Partnership (SHIP) Funds Upon being awarded a federal allocation from U.S. Department of Housing and Urban Development, the City of Miami Gardens became eligible to receive funding from the Florida Housing Finance Corporation in the form of State Housing Initiative Partnership SHIP Funds. The process requires: . An ordinance establishing a Local Housing Assistance trust fund and providing that the City will adopt a Local Housing Assistance Plan for which the City of Miami Gardens, Department of Community Development will be responsible for administering. . An ordinance establishing an Affordable Housing Advisory Committee . A resolution accepting the Local Housing Assistance Plan (LHAP). . A resolution appointing the Housing Advisory Committee members. . A resolution accepting the specified amount of funding for 2007-2008. Ado~tions of these first finro ordinances are the first steps in fulfillinq the State's reauirement for allocation of these funds. Upon adoption of these ordinances by Council, staff will have the resolution accepting the LHAP on the April 11, 2007 agenda. The LHAP govems the use of the State funds through various initiatives targeted at generating and preserving affordable housing. Like the federal allocation, these funds will be administered through our Department of Community Development. The allocation for 2007-08 is estimated at $600,000.00. H-1) ORDINANCE 1 ST READING STATE HOUSING INITATIVE (SHIP) FUNDS Recommendation: It is recommended that the City Council adopt the ordinance establishing the Local Housing Assistance trust fund, providing that the City will adopt a Local Housing Assistance Plan to be administered by the City's Department of Community Development and adopt the ordinance establishing the Affordable Housing Advisory Committee. 2 ORDINANCE 1~T0. ORDINANCE NO. 2007 - AN ORDINANCE OF THE CITY OF MIAMI GARDENS ENACTED IN ACCORDANCE WITH THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) ACT; PROVIDING FOR THE ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE TRUST FUND; PROVIDING FOR ADOPTION BY RESOLUTION OF A LOCAL HOUSING ASSISTANCE PLAN; PROVIDING FOR THE ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE CREATION OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 1 WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership 2 Act ("SHIP"), which was incorporated into Chapter 420, Florida Statutes, and 3 WHEREAS, SHIP permits the allocation of a portion of documentary stamp taxes 4 on deeds to local governments for the development and maintenance of affordable 5 housing, and 6 WHEREAS, SHIP requires that the City create a Local Housing Assistance Trust 7 Fund to receive its share of the local housing distribution, and 8 WHEREAS, a Local Housing Assistance Plan as defined in Florida Statute 9 420.9071(14) is to be implemented and approved by resolution, and 10 WHEREAS, the City must also designate the responsibility of the administration 11 and implementation of the Plan, and 12 WHEREAS, an Affordable Housing Advisory Committee must be created, by 13 separate resolution, to review and recommend affordable housing incentives, and ORDINANCE NO. 14 WHEREAS, an Affordable Housing Incentive Plan must be reviewed and 15 approved by Resolution approved by the City Council as recommended by the 16 Affordable Housing Advisory Committee, and 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 18 CITY OF MIAMI GARDENS, FLORIDA, as follows: 19 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20 Clauses are hereby ratified and confirmed as being true, and the same are hereby 21 made a specific part of this Ordinance. 22 SECTION 2. COMPLIANCE WITH SECTIONS 420.907 THROUGH 420.9079: 23 The City of Miami Gardens shall comply with the requirements of the State Housing 24 Initiative Program (Sections 420.907 through 420.9079, Florida Statutes). 25 SECTION 3. ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE 26 TRUST FUND: 27 a. The City of Miami Gardens hereby creates a Local Housing Assistance 28 Trust Fund in accordance with Sections 420.9075(5) and 420.9072(3)(b)(1)(a) Florida 29 Statutes ("Trust Fund"). All money received by the City from its share of the local 30 housing distribution, program income, recaptured funds, and other funds received or 31 budgeted to implement the Local Housing Assistance Plan shall be deposited into the 32 Trust Fund. However, local housing distribution monies used to match federal HOME 33 monies, may be repaid to the HOME Program if required by federal law or regulations. 34 b. Expenditures other than for the administration and implementation of the 35 Local Housing Assistance Plan may not be made from the Trust Fund. ORDINANCE NO. 36 c. All monies deposited into the Trust Fund shall be used to administer and 37 implement the Local Housing Assistance Plan. The cost of administering the Plan may 38 not exceed 5% of the local housing distribution monies and program income deposited 39 into the Trust Fund. 40 d. The City may not exceed the 5% limitation on administrative costs unless 41 the City Council, by Resolution, finds that 5°/o of the local housing distribution plus 5% of 42 the Program income is insufficient to adequately pay the necessary costs of 43 administering the Local Housing Assistance Plan. 44 e. The City shall comply with all of the requirements of Section 420.9075 as 45 it relates to funds deposited into the Local Housing Assistance Trust Fund. 46 SECTION 4. ADOPTION OF FUTURE RESOLUTIONS: It is understood, that 47 the City Council of the City of Miami Gardens shall adopt by separate Resolution, a 48 Local Housing Assistance Plan, as defined in Section 420.9071(14) Florida Statutes to 49 be implemented through a Local Housing Partnership as defined in Section 50 420.9071(18) Florida Statutes. 51 SECTION 5. AFFORDABLE HOUSING ADVISORY COMMITTEE: The City 52 shall also establish by separate Ordinance and/or Resolution, the creation of an 53 Affordable Housing Advisory Committee as required by Section 420.9076 Florida 54 Statutes. 55 SECTION 6. REPORTING: The City of Miami Gardens shall submit to the 56 Florida Housing Finance Corporation by September 15t" of each year, a report of its 57 affordable housing programs and accomplishments through June 30th of the preceding 58 year. All reports shall be in compliance with Section 420.9075(9). ORDINANCE NO. 59 SECTION 7. CONFLICT: All ordinances or Code provisions in conflict herewith 60 are hereby repealed. 61 SECTION 8. SEVERABILITY: If any section, subsection, sentence, clause, 62 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 63 any court of competent jurisdiction, such portion shall be deemed a separate, distinct 64 and independent provision and such holding shall not affect the validity of the remaining 65 portions of this Ordinance. 66 SECTION 9. INCLUSION IN CODE: It is the intention of the City Council of the 67 City of Miami Gardens that the provisions of this Ordinance shall become and be made 68 a part of the Code of Ordinances of the City of Miami Gardens and that the sections of 69 this Ordinance may be renumbered or relettered and the word "Ordinance" may be 70 changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the 71 use of which shall accomplish the intentions herein expressed; provided, however, that 72 Section 1 hereof or the provisions contemplated thereby shall not be codified. 73 SECTION 10. EFFECTIVE DATE: In accordance with Section 74 420.9072(3)(b)(4), this Ordinance shall not become effective until 30 days after it is 75 formally adopted by the City Council. 76 PASSED ON FIRST READING ON THE DAY OF , 20 77 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 78 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 79 20 . 80 81 82 ATTEST: 83 SHIRLEY GIBSON, MAYOR ORDINANCE NO. 84 85 86 87 RONETTA TAYLOR, CMC, CITY CLERK 88 89 Prepared by SONJA KNIGHTON DICKENS, ESQ. 90 City Attorney 91 92 SPONSORED BY: DANNY CREW, CITY MANAGER 93 94 MOVED BY: 95 SECONDED BY: 96 97 VOTE: 98 99 Mayor Gibson (Yes) (No) 100 Vice Mayor Oscar Braynon, II (Yes) (No) 101 Councilman Melvin L. Bratton (Yes) (No) 102 Councilman Aaron Campbell (Yes) (No) 103 Councilman Andre Williams (Yes) (No) 104 Councilwoman Sharon Pritchett (Yes) (No) 105 Councilwoman Barbara Watson (Yes) (No) 106 107 108 109 110 111