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J-95-194
1/23/95 11253
ORDINANCE NO.
AN ORDINANCE, WITH ATTACHMENTS, PERTAINING TO
AFFORDABLE HOUSING IN THE CITY OF MIAMI,
FLORIDA; ESTABLISHING THE CITY OF MIAMI'S
LOCAL HOUSING ASSISTANCE PROGRAM PURSUANT TO
THE STATE HOUSING INITIATIVES PARTNERSHIP ACT
(SHIP PROGRAM); DESIGNATING THE
RESPONSIBILITY FOR THE IMPLEMENTATION AND
ADMINISTRATION OF THE CITY OF MIAMI'S LOCAL
HOUSING ASSISTANCE PROGRAM; CREATING THE CITY
OF MIAMI'S LOCAL HOUSING ASSISTANCE TRUST
FUND; FURTHER CREATING THE CITY OF MIAMI'S
LOCAL HOUSING PARTNERSHIP; ESTABLISHING THE
CITY OF MIAMI'S AFFORDABLE HOUSING ADVISORY
COMMITTEE AS REQUIRED BY SECTION 420.9076,
FLORIDA STATUTES; AND ADOPTING THE AFFORDABLE
HOUSING INCENTIVE PLAN; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed the William E.
Sadowski Affordable Housing Act, providing a dedicated source of
funds for Florida's affordable housing programs; and
WHEREAS, Sections 420.907 through 420.9079 of the William E.
Sadowski Affordable Housing Act created the State Housing
Initiatives Partnership Program, hereinafter sometimes referred
to as the "SHIP Program", for the purpose of providing funds to
local governments as an incentive for the development and
preservation of affordable housing; and
WHEREAS, in order to receive funds under the SHIP Program,
Section 420.9072(2)(b), Florida Statues, requires that the City
ATTACHMENT(5)
CONTAINED
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of Miami adopt an ordinance, designating the responsibility for
the implementation and administration of the local housing
assistance program, creating an affordable housing assistance
trust fund, and creating an affordable housing advisory
committee.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
preamble to this ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Definitions. For purposes of this Ordinance,
i
the City of Miami hereby adopts the definitions set forth in the
State Housing Initiatives Partnership Act contained in Section
420.9071, Florida Statues and in Chapter 9I-37, Florida
Administrative Code.
Section 3. Establishment of The Local Housing Assistance
Program, The City of Miami shall use any funds received pursuant
to the State of Housing Initiative Partnership Act to implement
the City of Miami's Local Housing Assistance Program which is
hereby created and established. The City of Miami Local Housing
Assistance Program shall consist of the following:
A. it is
the intent of the City of Miami's Scattered Site Affordable
Housing Program to increase homeownership opportunities for very -
low, low and moderate income persons by creating new single
family, fee simple affordable housing units. SHIP Program funds
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dedicated by the City of Miami's Local Housing Assistance
Program, shall be used for the cost of land acquisition, site
development and total construction, associated with the
development of affordable housing units under the Scattered Site
Affordable Homeownership Program.
B. pownnayment Assistance Program. The City of Miami's
Downpayment Assistance Program provides down payment and/or
closing costs assistance to qualified low, very and moderate -
income persons, to assist in the purchase of newly constructed
single family fee simple units under the City of Miami's
Scattered Site Affordable Homeownership Program or newly
construoted/rehabilitated affordable homeownership units
developed by a City of Miami Certified Community Housing
Development Organization (CHDO), or units purchased by eligible
City employees willing to reside within the City of Miami.
C. Purchase Money Second Mortgage Program, The City of
Miami's Purchase Money Second Mortgage Program, provides second
mortgages to qualified very low, low or moderate income persons
to facilitate the acquisition of newly constructed single family
fee simple affordable housing units developed under the City of
Miami's Scattered Site Affordable Homeownership Program or newly
oonstruoted/rehabilitated affordable homeownership units
developed by a City of Miami Certified Community Housing
Development Organization (CHDO), or units purchased by eligible
City employees willing to reside within the City of Miami.
Section 4. Deai iEnatj on of Responsibility for
Administration stration and Implementation of the Cites of Miami's Local
Housing Program. 112 5 3
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A. The City of Miami's Department of Development and Housing
Conservation shall be primarily responsible for the
implementation and administration of the Local Housing Assistance -
Program. The Department of Development and Housing Conservation
shall coordinate and cooperate with the City of Miami's Local
Housing Assistance Partnership, defined herein, in accomplishing
the objectives and implementation of the Local Housing Assistance
Program. At a minimum, the Department of Development Housing
Conservation shall be responsible for the following:
1. Overseeing the receipt and expenditures of SHIP Program
fund in accordance with the criteria set forth in the State
Housing Initiative Partnership Act.
2. Coordinate the City of Miami's efforts to promote the
construction and development of affordable homeownership units
through the City of Miami's Scattered Site Affordable
Homeownership Program as well as those developed by the City of
Miami Certified Community Housing Development Organizations.
B. The cost of administering the City of. Miami's Local
Housing Assistance Program shall not exceed ten percent (10%) of
the City of Miami's distribution of SHIP Program monies deposited
into the City of Miami's Local Housing Assistance Trust fund
pursuant to the State Housing Initiative Partnership Act.
Section 5. Creation of the Local Housing Assistance Trust
Fund.
A. The Local Housing Assistance Trust Fund is hereby created
and established.
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B. All monies received by the City of Miami pursuant to the
State Housing initiatives Partnership Act and any other funds
received or budgeted to provide funding for the City of Miami's
Local Housing Assistance Program shall be deposited into the City
of Miami's Local Housing Assistance Trust Fund. The City of Miami
shall comply with SHIP Program requirements and Chapter 9I-37,
Florida Administrative Code, in the expenditure and
administration of the City of Miami's Local Housing Assistance
Trust Fund.
C. Only expenditures for the administration and
implementation of the City of Miami's Local Housing Assistance
Program shall be made from the Local Housing Assistance Trust
Fund.
D. Investment earnings, if any, from the monies on deposit
in the City of Miami's Local Housing Assistance Trust fund shall
be retained in such fund and for the purposes provided thereof.
E. The City of Miami's Local Housing Assistance Trust Fund
shall be separately stated as a special revenue fund in the
i
City's audited financial statements, copies of such audited
financial statements shall be forwarded to the Florida Housing
Finance Agency as required.
Section 6. Creation of the City -of, Miami's Local Housing
Partnership.
A. For the purposes of the SHIP Program, the City of
Miami's Local Housing Partnership will serve as the Local Housing
Partnership to deliver affordable housing.
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B. The Local Housing Partnership shall include, but is not
limited to, the City of Miami, community -based organizations, not
for profit housing developers, for profit housing developers,
lending institutions, providers of professional services relating
to affordable housing, and service organizations working on
behalf of persons with special housing needs.
Housing Advisory Committee.
A. The City of Miami Affordable Housing Advisory Committee
is hereby created and established. The members of the City of
Miami's Affordable Housing Advisory Committee shall be appointed
by a resolution of the Commission of the City of Miami.
B. The resolution appointing the City of Miami Affordable
Advisory Commission shall define affordable housing as
applicable to the City of Miami in a way that is consistent with
the adopted City of Miami Consolidation Plan.
C. The City of Miami Affordable Advisory Committee shall
consist of nine members. The City of Miami's Affordable Housing
Advisory Committee shall include the following, which individuals
may overlap with or be part of the Local Housing Partnership:
1. One citizen who is actively engaged in the
residential building industry.
2. One citizen who is actively engaged in the banking
or mortgage industry.
3. One citizen who is a representative of those areas
of labor engaged in home building.
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4. One citizen who is designated as an advocate for
low-income persons.
5. One citizen who is a provider of affordable housing.
6. One citizen who is a real estate professional.
7. Three citizens as appointed by the City of Miami
Commission.
D. Members shall serve for one year terms and may be
reappointed for subsequent terms.
E. Meetings shall be held monthly for the first year of
committee existence and quarterly, or more frequently,
thereafter.
F. The City of Miami's Affordable Housing Advisory
Committee shall comply with the Government in the Sunshine Law,
the public records law, and the special provisions regarding
notice of Affordable Housing Incentive Plan considerations found
in Chapter 420.9076, Florida Statutes. Minutes of the meeting
shall be kept. Staff, administrative and facility support shall
be provided by the City of Miami.
G. The City of Miami's Affordable Housing Advisory
Committee shall annually elect a Chairperson, Vice -Chairperson
and such other officers as it deems necessary. The Chairperson is
charged with the duty of conducting meetings in a manner
consistent with law.
H. The City of Miami Affordable Advisory Committee shall
review the established policies and procedures, ordinances, land
development regulations, the adopted City of Miami Consolidated
Plan and shall recommend specific initiatives to encourage or
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facilitate affordable housing, while protecting the ability of
the property to appreciate in value.
I. The City of Miami Affordable Advisory Committee
recommendations shall also include other affordable housing
incentives by the Affordable Housing Advisory Committee.
J. To the maximum extent feasible, the approved affordable
housing incentive recommendations submitted to the City of Miami
Commission must quantify the affordable housing cost reduction
anticipated from implementing the specific recommendation.
K. Within nine months from the adoption of this Ordinance,
the City of Miami Affordable Housing Advisory Committee shall
make recommendations approved by a majority of its membership at
a public hearing. Notice of the time, date and place of the
public hearing of the City of Miami Affordable Housing Advisory
Committee to adopt final affordable housing incentive
recommendations shall be published in a newspaper of general paid
circulation in the City of Miami. Such notice shall contain a
short and concise summary of the affordable housing incentive
recommendations to be considered by the City of Miami's
Affordable Housing Advisory Committee. The Notice shall also
state the public place where a copy of the tentative City of
Miami's Affordable Housing Committee recommendation can be
obtained by interested persons.
Section 8. Adobtion of the Affordable Housing Incentive
A. Within 90 days after the date of the receipt of the
affordable housing incentive, recommendations from the Affordable
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Housing Advisory Committee, the City of Miami Commission shall
adopt the Affordable Housing Incentive Plan. The Affordable
Housing Incentive Plan shall consist of the adoption of specific
initiatives to encourage or facilitate the production of
affordable housing in the City and a schedule for implementation
and must include, at a minimum:
1. A schedule for the implementation of a process to
expedite the permitting process for affordable housing projects;
and
2. An ongoing process for review of local policies,
ordinances, regulations and comprehensive plan provisions that
significantly impact the cost of housing.
B. Upon adoption of the Affordable Housing Incentive Plan,
the Commission of the City of Miami shall so notify the Florida
Housing Finance Agency by certified mail. The notice shall
include a copy of the approved Affordable Housing Incentive Plan.
Section 9. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 10. If any section, part of section, paragraph,
clause, phrase or words of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Section 11. This Ordinance shall become effective 30 days
after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 9th day of
March 1996.
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PASSED AND ADOPTED ON SECOND AND FINAL READING this 1st
day of May 1998. lk
�,,, STEP EN P . CLARK MAYOR
ATT
MATTY HIRAI, CITY CLERK
REVIEWED AS TO ACCOUNTING AND
TREASURY REQUIREMENTS:
CARLOS E. IA, DIRECTOR
FINANCE D TMENT
PREPARED AND APPROVED BY:
LINDA KELLY KEARSPX
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
(�I, 'All GI"'a, i> i
A! QWNNES , III
CITY ATTCEY
M2123:osk:LKK
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FLORIDA HOUSING FINANCE AGENCY
IRVI ..�
1
IR
t� VE
The Honorable Steve Clark, Mayor
City of Miami
3500 Pan American Drive
Miami, Florida 33133
_a,,^ `_Lawton Chiles
C7ovemor
Thomas N. Tompkins
chilnw
' 0 �� William ). Ramsey
A��ti' 26, 1994 WeChairnm^
soard otarectm
E. Liwyd Ecdestone, Jr
Edward Lee, Jr.
J J Carl H. Mayes
Pamela X Paul
Lorenzo Simmons
Thomas A. Stevens
RE: William E. Sadowski Affordable Housing Act
Dear Mayor Clark:
Linda Loomis Shelley
EX ofQdo
On July 7, 1992, Governor Lawton Chiles signed the William
E. Sadowski Affordable -Housing Act into law. This law created
the State Housing Initiatives Partnership (SHIP) Program. This
legislation was passed for the express purpose of developing and
maintaining affordable housing for Florida Counties and
Entitlement Cities. The,City of Miami will be eligible to
receive.$1,353,387 beginning with State Fiscal Year 1995-96
contingent upon legislative'appropriation'.-
For the City of.Miami-to receive these funds, its staff must
submit to the Florida Housing -Finance Agency -an ordinance and a-`
Local Housing Assistance Plan by May 21, 1995.- The Plan may be
submitted for up to a three-year period. The submission must
:include the following:
1. Ordinance. The Ordinance must create a Local Affordable
Housing Assistance Fund; establish the Local Housing Assistance
Program; designate who will be responsible for implementing and
administering the Program; and create an Affordable Housing
Advisory Committee.
2. The Local Housing Assistance Plan. The Plan must provide a
concise description of the city's local housing assistance
program and provide a breakout of the way the city proposes to
spend the funds.
3. Checklist/Housing Delivery Goals Chart/Certification. This
checklist will identify where the SHIP Review Committee may
locate the mandatory items required in the Local Housing
Assistance Plan. The Certification will document the local
government's intent to comply with basic program guidelines and
requirements.
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227 NORTH BRONOUGH STREET, SUITE 5000 • TALLAHASSEE, FL 32301-1329 0 (904)488-4197 * FAx (904)488-9809
The Honorable Steve Clark, Mayor
August 26, 1994
Page Two
4. Resolution - The city's Local Housing Assistance Plan must _
be adopted by resolution. The following information must be
included in the adopted Plan.
• Identify the average cost per unit and the maximum cost
per unit and the average SHIP funds and the maximum
SHIP funds allowable for eligible housing for each
strategy.
• Provide a definition of Affordable Housing, and provide
the names of the nine Affordable Housing Advisory
Committee members and their terms.
• If applicable, identify that the allotted 5% SHIP
administrative funds is insufficient to operate the
city's SHIP Program, and up to an additional 5% in
administrative funds will be necessary to sufficiently
operate the SHIP Program.
The city may enter into a interlocal agreement with the
county or one or more of the entitlement cities under the State
Housing Initiatives Partnership Program (SHIP). I will be happy
to discuss this in more detail should the city wish to enter into
agreements with other local governments who are receiving funds
under the SHIP Program.
I have attached a copy of the SHIP Program Allocation Chart;
SHIP brochure; Administrative Rule 9I-37, F.A.C.; Section
420.907, et. seq., F.S.; Checklist/Housing Delivery Goals
Chart/Certification; and an article written by Ms. Jaimie Ross
which describes the William E. Sadowski Affordable Housing Act in
more detail.
I hope this information will be helpful. Please remember,
to be eligible to receive these funds, the city's Local Housing
Assistance Plan and Ordinance must be received in this office no
later than May 2. 1995. I look forward to working with the City
of Miami and its SHIP Program. If you have additional questions
regarding the SHIP Program, please contact me or Mrs. Carolyn
Johnson, SHIP Program Consultant, at 904/488-4197.
BBC/cj
cc: Mr. Jeff Hepburn
Enclosures
Sincerely,
Beverly B. Cliett
SHIP Program Administrator
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CITY OF FAIAMI, FLORIDA
OMM-019111NCe MENDRAMIDUN
TO : The Honorable Mayor and DATE : FEB 2 Q 1995 FILE
Members of the City Commission
FROM : Cesar
Y V
SUBJECT : Ordinance Establishing
Miami's Local Housing
Assistance (SHIP) Program
REFERENCES:
ENCLOSURES :City Commission Agenda
Item - March 9, 1995
It is respectfully recommended that the City Commission adopt the
attached ordinance establishing the City of Miami's Local Housing
Assistance Program pursuant to the State of Florida's State Housing
Initiatives Partnership (SHIP) Program, for implementation iii the
City of Miami.
+.114 � ;• 4 161
The Department of Development and Housing Conservation recommends
ratification of the attached ordinance. The ordinance provides for
the establishment of the City's Local Housing Assistance Program
for the purpose of implementing the State of Florida's State Housing
Initiatives Partnership (SHIP) Program in the City of Miami.
In July of 1992, Governor Lawton Chiles signed the William E.
Sadowski Affordable Housing Act into Law, which authorized adding
ten ($.10) cents to the documentary stamps on all real estate
transactions in the State of Florida and utilizing the proceeds for
the production of affordable housing throughout the State of
Florida. Moreover, this legislation also created the State of
Florida's State Housing Initiatives Partnership (SHIP) Program.
In August of 1994, the City of Miami was notified by the State of
Florida that it would be eligible to received $1,353,387 in SHIP
Program funds beginning with the State's FY 11995-96, contingent
upon the legislature appropriation of the existing ten ($.10) cents
in Doc stamp revenue as authorized the Sadowski Act this year.
In order for the City of Miami to receive the aforementioned funds,
it is necessary for the City to submit to the State of Florida's
Florida Housing Finance Agency an ordinance which establishes the
City's Local Housing Assistance Program, Local Housing Assistance
Plan, in addition to the creation of nine (9) member Affordable
Housing Advisory Committee by May 2, 1995.
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1
R
Honorable Mayor and
Members of the City Commission
Page *2
V
With the adoption of the attached ordinance, the City can commence
implementation of the City's SHIP Program, which will provide
affordable homeownership opportunities for Miami residents, in "
addition to City employees willing to reside in the City of Miami.
I1253
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dads County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
LEGAL NOTICE
ORDINANCE NO. 11253
inthe ....................... X.M.MKX...................................... Court,
was published In said newspaper in the Issues of
May 11, 1995
Attient further says that the sold Miami Dally Business
Review Is a newspaper published at Miami In sold Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office in Miami In sold Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of .advertisement; and sfflant further says that she has
neither paid nor promised any person m or corporation
any disco t, rebate, commies refun for the purpose
of sec ng this advertise publl tlon In the said
news pgr,j,
. . ......... ..
Sworn to and subscribed before me this
11�' May j 95
dy�...............Iv„awo"!w:... ................(A.D.19......
(SEAL) � � 1
Ootelme V. Ferbeyj�gr I wn (o me. 1
O vjaAL NOTARY 38AL
(31LRYL II MARMBR
C(1R4Mt35lUN No. CC191642 j
My CCg4. tI9SIUW W. APIL t2.1996