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HomeMy WebLinkAboutLegislation SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution R-23-0052 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.mamigov.com File Number: 13192 Final Action Date: 1/26/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS), 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 5515 NORTHWEST 1 COURT, 276 NORTHWEST 53 STREET, 1461 NORTHWEST 60 STREET, 5435 NORTHWEST 1 COURT, 779 NORTHWEST 57 STREET, AND 169 NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE REQUIREMENT Ot4 24 CFR PART 92 ALSO KNOWN AS THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AUTHORIZING THE CITY MANAGER NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENQS, FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOrgE. o SPONSQR(S): Commissioner Christine King WHEREAS, the City of Miami ("City") is the owner of the properties describe¢ In (� "A", attached and incorporated (collectively, "Properties"), which are currently beingf eve ped into affordable housing; and WHEREAS, once the homes on the Properties are fully constructed, they will be sold, at or below cost, for affordable homeownership housing to eligible applicants whose annual income is equal to or less than eighty percent (80%) 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 24 CFR Part 92, also known as the Home Investment Partnerships Program ("HOME Program"); 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 instruments) shall require that the Properties automatically revert to the City if the Properties are used in a manner that is inconsistent with the requirements of the HOME Program during the thirty (30) year term; 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 City of Miami Page 1 of 2 File ID: 13192 (Revision: A) Printed On: 3/28/2023 13192 Legislation -SUB File ID: 13192 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-23-0052 when "conveying property to implement housing programs or projects which are intended to benefit persons or households with low andlor 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 HOME Program; NOW, THEREFORE, BE IT RESOLVED 8Y 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 HOME Program requirements, 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: ; rr NJ 0 •� Hwy. 1 The herein authorization is further subject to compliance with all requirements that may be i os by the City Attorney, including but not limited, to those prescribed by applicable City Charter and'City ode provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (1O) 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: 13192 (Revision: A) Printed on: 3/28/2023 SUBSTITUTED It i1F•1r' 111119!111111 11g11 1., sz 0 it 1. City of Miami Legislation Resolution City Hari 3500 Pan American Drive Miami, FL 33133 www.mramigov.com File Number: 13192 Final Action ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT( BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED P BLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THr CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SAL WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REV. 'TER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATrD AT 5515 NORTHWEST 1 COURT, 276 NORTHWEST 53 STREET, 1461 "ORTHWEST 60 STREET, 5435 NORTHWEST 1 COURT, 779 NORTHWEST 5 STREET, AND 169 NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE P A TICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPO'ATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE REQUlREMNTS OF 24 CFR PART 92 ALSO KNOWN AS THE HOME INVESTMENT PARTN' RSHIPS PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTI • E AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEP ABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, WHEREAS, the City of Miami ("City") is t►e owner of the properties described in Exhibit "A", attached and incorporated (collectively, "P operties"), which are currently being developed into affordable housing; and c„3 WHEREAS, once the homes on t►e Properties are Fully constructed, they wire soE,.at or below cost, for affordable home. nership housing to eligible applicants whTSso arir iial ,`- income is equal to or less than eis ty percent (80%) of area median income as publrss5ed - annually by the United States D=.artment of Housing and Urban Developmeri[tQualipred • Applicants"), through purchase . d sale agreements, quit claim deeds containidit .:automatic `:-, reverter provisions, and restric ' e covenants running with the land, in compliance'th 24 EFR Part 92, also known as the H .me Investment Partnerships Program ("HOME Program:'); awl WHEREAS, each ome's purchase price cannot be more than the maximum purchase price for new constructen as published by the United States Department of Housing and Urban Development; and WHERE contained in th the City if th HOME Pro the affordable housing restrictions and automatic reverter provisions conveying instrument(s) shall require that the Properties automatically revert to roperties are used in a manner that is inconsistent with the requirements of the am during the thirty (30) year term; and HEREAS, Section 29-B(a) of the Charter of the City of Miami, Florida, as ame :ed ("City Charter'), provides for the waiver of competitive bidding and other requirements wh "conveying property to implement housing programs or projects which are intended to b• nefit persons or households with low and/or moderate income, the criteria of which to be rovided for by federal and/or state law or by the city commission"; and SUBSTITUTED 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 housin restrictions and automatic reverter provisions, of the Properties to Qualified Applicants compliance with the HOME Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this esolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (415ths) affirmative vote, after an adve sed public hearing, pursuant to Sections 29-B(a) of the City Charter and Section 18-72(B) of e Code of the City of Miami, Florida, as amended ("City Code"), the sale, with affordable 'ousing restrictions and automatic reverter provisions, of the Properties to Qualified Appli.nts, in compliance with HOME Program requirements, is authorized.' Section 3. The City Manager is further authorized' to n-gotiate and execute any and all necessary documents, in a form acceptable to the City Attorn: for said purpose. Section 4. This Resolution shall become effective mediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ty Attor ey 1l./2023 ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not lirnited, to those prescribed by applicable City Charter and City Code provisions.