HomeMy WebLinkAboutR-23-0052City of Miami
Resolution R-23-0052
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13192 Final Action Date: 1/26/2023
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 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 REQUIREMENTS OF
24 CFR PART 92 ALSO KNOWN AS THE HOME INVESTMENT
PARTNERSHIPS PROGRAM; 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 Christine King
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, 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 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 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: 6/26/2025
File ID: 13192 Enactment Number: R-23-0052
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 HOME Program;
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
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:
ndez, City ttor ey 1/3/2023
ndez, ity Attor ey 3/28/2023
1 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 City Code
provisions.
2 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: 13192 (Revision: A) Printed on: 6/26/2025