HomeMy WebLinkAboutR-23-0115City of Miami
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Resolution R-23-0115
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Legislation
File Number: 13491
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/9/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS
AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES
APPROXIMATELY LOCATED AT 12 SOUTHWEST 47 AVENUE, 2601
SOUTHWEST 13 STREET, 130 SOUTHWEST 51 PLACE (A AND B), 700 SW
63 AVENUE, AND 632 SOUTHWEST 63 AVENUE, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE
CITY'S MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM
BONDS REGULATIONS AND PROGRAMS, AS MAY BE AMENDED, AND ANY
OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND
REGULATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the City of Miami ("City") is the owner of the properties described in Exhibit
"A", attached and incorporated (collectively, "Properties"), which are currently being developed
into affordable housing; and
WHEREAS, once the homes on the Properties are fully constructed, they will be sold, in
an amount allowed under United States Department of Housing and Urban Development
regulations, for affordable homeownership housing to eligible applicants whose annual income
is at or below one hundred percent (100%) of area median income as published annually by the
United States Department of Housing and Urban Development ("Qualified Applicants"),
through purchase and sale agreements, quit claim deeds containing automatic reverter
provisions, and restrictive covenants running with the land, in compliance with the City's Miami
Forever Affordable Housing Limited Ad Valorem Bonds regulations and programs, as may be
amended, Resolution No. R-23-0071 adopted on February 9, 2023, and any other applicable
Federal, State, and local laws, rules and regulations (collectively, "Programs"); and
WHEREAS, each home's purchase price cannot be more than the maximum purchase
price for new construction as published by the United States Department of Housing and Urban
Development; and
WHEREAS, the affordable housing restrictions and automatic reverter provisions
contained in the conveying instrument(s) shall require that the Properties automatically revert to
the City if the Properties are used in a manner that is inconsistent with the requirements City's
City of Miami Page 1 of 2 File ID: 13491 (Revision: A) Printed On: 612112023
File ID: 13491 Enactment Number: R-23-0115
regulations and programs, as may be amended, and any other applicable laws, rules and
regulations; and
WHEREAS, Section 29-B(a) of the Charter of the City of Miami, Florida, as
amended ("City Charter'), provides for the waiver of competitive bidding and other requirements
when "conveying property to implement housing programs or projects which are intended to
benefit persons or households with low and/or moderate income, the criteria of which to be
provided for by federal and/or state law or by the city commission"; and
WHEREAS, the Qualified Applicants shall be selected by a lottery/random draw, which
shall feature a City resident preference; and
WHEREAS, the City's Administration recommends the sale, with affordable housing
restrictions and automatic reverter provisions, of the Properties to Qualified Applicants in
compliance with the City's Programs;
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 Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing,
pursuant to Sections 29-B(a) of the City Charter and Section 18-72(B) of the Code of the City of
Miami, Florida, as amended ("City Code"), the sale, with affordable housing restrictions and
automatic reverter provisions, of the Properties to Qualified Applicants, in compliance with the
City's Programs, is authorized.'
Section 3. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, in a form acceptable to the City Attorney, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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i t6ria i nd" ez, City Httor iey 2/28/2023 i ria i ndez, ify Httor ey 6/14/2023
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited, to those prescribed by applicable City Charter and City Code
provisions.
21 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 13491 (Revision: A) Printed on: 6/21/2023