HomeMy WebLinkAboutPre legislation 3RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
AMENDING RESOLUTION NO. 00-867, ADOPTED
SEPTEMBER 28, 2000, WHICH ESTABLISHED THE
HOUSING AND COMMERCIAL LOAN COMMITTEE
("COMMITTEE"); AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO APPROVE/DISAPPROVE
SUBORDINATION AGREEMENTS, LOAN RESTRUCTURING
AND/OR LOAN REPAYMENT PLANS FOR SPECIFIC
HOUSING LOANS/GRANTS PROVIDED THROUGH THE
CITY'S SINGLE FAMILY REHABILITATION AND
HOMEBUYERS FINANCING PROGRAMS; FURTHER
APPROVING AND ESTABLISHING A POLICY THAT THE
ATTENDANCE OF FIVE (5) MEMBERS OF THE HOUSING
AND COMMERCIAL LOAN COMMITTEE WOULD
CONSTITUTE A QUORUM FOR THE PURPOSE OF
CONDUCTING A COMMITTEE MEETING.
WHEREAS, at its meeting of September 28, 2000, the City Commission with the
adoption of Resolution No. 00-867, approved the establishment of an eleven (11) member
Housing and Commercial Loan Committee to approve/disapprove certain housing and
commercial loans and/or grants to be provided by the City through the CDBG, Home and SHIP
Programs; and
WHEREAS, with the adoption of Resolution No. 00-867, the City Commission further
granted authority to the Committee to approve or disapprove all loan applications for funding of
affordable housing projects and commercial (business) projects and related transactions
including, but not limited to, subordination agreements, loan restructuring plans and/or loan
repayment plans in the City's loan portfolio; and
WHEREAS, through the abovementioned legislation, the City Commission authorized
and directed the City Manager or his designee to approve or disapprove specific housing loans
provided by the City through the City's CDBG funded Single Family Rehabilitation Program
(one to four units) in an amount not to exceed $80,000 per transaction, and SH1P/Home Funded
Single Family Rehabilitation and Homebuyers Financing Programs in an amount not to exceed
$40,000 per transaction; and
WHEREAS, at its meeting of September 28, 2001 the Housing and Commercial Loan
Committee expressed concerns regarding their role and the time sensitive nature of assisting
homeowner(s) seeking to refinance the first mortgage on their respective residences; and
WHEREAS, homeown that have 1- n provided financial assistance through the City's
Single Family Rehabilitation and Homebuyers Financing Programs are required to seek and
secure City approval to subordinate its second mortgage to a new first mortgage in order to
consummate the refinancing transaction; and
WHEREAS, at its meeting of September 28, 2001, the Housing and Commercial Loan
Committee adopted a motion directing the City Administration to seek City Commission
approval of an amendment to Resolution No. 00-867, which would delegate the City Manager
and/or his designee authorization to approve subordination agreements, which would allow
homeowners to refinance their residences, in addition to authorization to approve or disapprove
loan restructuring and repayment plans for homeowners that have received financial assistance
through the City's Single Family Rehabilitation and Homebuyers Financing Programs; and
WHEREAS, at the same meeting, the Committee passed a second motion which directed
the City Administration to seek City Commission approval to amend Resolution No. 00-867 by
also establishing a policy that the attendance of five (5) members at a meeting would constitute a
quorum; and
WHEREAS, it is necessary that the City Commission ratify the attached resolution
regarding the Housing and Commercial Loan Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIA.MI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Resolution No. 00-867, adopted September 28, 2000, is hereby amended in
the following particulars:"
" RESOLUTION NO. 00-867
Section 3. The City Manager is hereby authorized and directed to establish an eleven
(11) member Housing and Commercial Loan Committee to approve/disapprove certain housing
and commercial loans and/or grants to be provided by the City though the CDBG, Home and
SHIP Programs which shall be comprised as follows:
(a) the chairperson appointed by the Mayor;
(b) one (1) member who is an active affordable housing provider;
(c) three (3) members with private real estate lending experience;
(d) three (3) members with private commercial lending experience; and
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(e) three (3) members appointed by the City Manager from the City Administration.
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged
material.
The City Commission hereby approves the policy that the attendance of five (5lmembers of the
Housing and Commercial Loan Committee constitutes a quorum for the purpose of conducting
a committee meeting.
Section 5. The City Manager or his designee is hereby authorized to approve or
disapprove specific housing loans provided by the City through the City's CDBG funded Single
Family Rehabilitation Program (one to four units) in an amount not to exceed $80,000 per
transaction, and SHIP funded Single Family Rehabilitation and Homebuyers Financing
Programs in an amount not to exceed $40,000 per transaction. The City Manager or his
designee is hereby authorized to approve or disapprove subordination agreements, loan
restructuring and/or loan repayment plans for specific housing loans/grant provided by the City
through the Single Family Rehabilitation and Homebuyers Financing Programs. The City
Manager is hereby authorized2' to execute the necessary documents, in a form acceptable to the
City Attorney, for said purpose."
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Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. 3/
The herein authorization is further subject to compliance with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by applicable City Charter and Code Provisions.
3' If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from 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 Commiccion.
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PASSED AND ADOPTED this day of , 2001.
Ai 1.t..ST:
WALTER J.'FOEMAN
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
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MANUEL A. DIAZ, MAYOR