Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-288Temp Reso #10299 — November 21, 2003 Revised — December 5, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-288 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE SUBMISSION OF THE HOME PROGRAM DESCRIPTION TO BROWARD COUNTY FOR THE USE OF FUNDS THROUGH THE HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM FISCAL YEAR 2004/2005 FOR THE CITY OF TAMARAC'S MINOR HOME REPAIR PROGRAM WITH AN OPTION TO SHIFT FUNDING INTO THE FIRST-TIME HOMEBUYER PROGRAM; APPROVING THE FEDERALLY REQUIRED SET -ASIDE OF FIFTEEN PERCENT (15%) FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDOS) (CASE NO.21-MI-03); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the National Affordable Housing Act of 1990 authorized the U.S. Department of Housing and Urban Development ("HUD") to provide financial assistance to local governments to undertake or to assist in undertaking housing assistance activities in accordance with the HOME Investment Partnerships Program ("HOME Program"); and WHEREAS, under Resolution No. 2002-159 (attached hereto as Exhibit 1"), the City of Tamarac and Broward County signed an agreement to participate as a member of the Broward County Consortium for a three-year period beginning in 2003; and WHEREAS, the City of Tamarac wishes to continue its participation as a member of the Broward County Consortium for year two of this three-year period that began in 2003 in Temp Reso #10299 — November 21, 2003 Revised — December 5, 2003 Page 2 exchange for approximately $146,960.00 in HOME funds for the operation of housing programs; and WHEREAS, HOME funds may be used for eligible housing activities that address the needs of low and moderate income families; and WHEREAS, the City of Tamarac currently operates a successful Minor Home Repair Program and a First -Time Homebuyer Program; and WHEREAS, there is currently a waiting list for the Minor Home Repair Program; and WHEREAS, HOME funding will enable the City to address approximately seven (7) more homes; and WHEREAS, a program description of the City's proposed program must be completed and submitted to Broward County for Fiscal Year 2004/2005 funding (attached hereto as Exhibit "2"); and WHEREAS, it is the recommendation of the Director of Community and the City Manager that this program description be submitted and address the Minor Home Repair Program with the ability to shift funding to the First -Time Homebuyer Program should all Minor Home Repair applications be addressed and funding is needed for the First -Time Homebuyer Program; and WHEREAS, a minimum of fifteen (15%) percent of each municipality's allocation must be set aside each year for a qualified Community Housing Development Organization (CHDO); and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the Temp Reso #10299 — November 21, 2003 Revised — December 5, 2003 Page 3 submission of the HOME Program Description to Broward County for the use of funds through the HOME Investment Partnerships Program Consortium Fiscal Year 2004/2005 for the City of Tamarac's minor home repair program with the option to shift funding into the first-time homebuyer program; and to set -aside the federally required fifteen percent (15%) for Community Housing Development Organizations (CHDOS). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are authorized to submit the program description to address minor home repair with the ability to shift funds to first-time homebuyer purchase assistance for submittal to Broward County for the HOME Investment Partnerships Program Consortium. SECTION 3: The City of Tamarac agrees to designate the federally required fifteen (15%) percent set -aside for CHDOs. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 u SECTION 6: adoption. Temp Reso #10299 — November 21, 2003 Revised — December 5, 2003 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 17th day of December, 2003. ATTEST: MARION SWENSON, CM CITY CLERK I HEREBY CERTIFY that I have approved this ��// RESOLUMN as o form. MITCHELL $! II rRA CITY ATT RNE commdev\uAc1audiag\10299reso ( JOE SCHREIBER MAYOR Record of Commission Vote: Mayor Schreiber: Aye Commissioner Portner: Aye Commissioner Flansbaum-Talabisco: Aye Commissioner Sultanof: Aye Vice Mayor Roberts: Aye TEMP RESO #10299 Exhibit "1" MaY 31, 2002 - Temp ROSO #9813 1 11 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-159 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC TO BECOME PART OF THE HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM COOPERATION AGREEMENT FOR FISCAL YEARS 2003, 2004 AND 2005 (CASE NO. 11-MI-02); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the National Affordable Housing Act of 1990 authorized the U.S. Department of Housing and Urban Development (HUD) to provide financial assistance to local governments to undertake or to assist in undertaking housing assistance activities in accordance with the HOME Investment Partnerships Program (HOME Program); and WHEREAS, the City of Tamarac does not meet the minimum dollar threshold, based on HUD's allocation formula in order to.receive its own allocation; and WHEREAS, Broward County notified the City of Tamarac of an opportunity to join a consortium to receive federal funding under the 'HOME Program to provide affordable housing for their residents;and WHEREAS, as a member of this consortium, it is estimated that approximately 1115,100,00 will be allocated for housing programs for the residents of the City of Tamarac each year for a three (3) year period beginning in 2003; and May 31, 2002 - Temp Reso #9813 2 WHEREAS, the "HOME Investment Partnerships Program Consortium Cooperation Agreement for Fiscal Years 2003, 2004 and 2005" (attached hereto as Exhibit 1") is required to be executed by the Chair of the Board of Broward County Commissioners and the City Manager and/or Mayor on behalf of the City of Tamarac, desirous of participating in the consortium for the allocation of HOME funds; and WHEREAS, the executed Agreement is required to be delivered to HUD by Broward County's Community Development Division by June 30, 2002; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the agreement between Broward County and the City of Tamarac to become part of the HOME Investment Partnerships Program Consortium Cooperation Agreement for Fiscal Years 2003, 2004 and 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Mtly 31, ZOOZ - Temp ReSO #9813 3 1 [1 1 SECTION 2: That the City Commission hereby authorizes the City Manager to execute the HOME Investment Partnerships Program Consortium Cooperation Agreement for Fiscal Years 2003, 2004 and 2005 between Broward County and the City of Tamarac. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining' portions or applications of this Resolution. SECTION 5: passage and adoption. May 31, 2002 - Temp Reso #9813 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 12t" day of June, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOWTiION as to form TCHELL.S. KR CITY ATTORN JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ave DIST 1: V/M. PORTNER__ Aye„ DIST 2: COMM. MISHKIN _,Aye DIST 3: COMM. SULTANOF Aye DIST 4: COMM. ROBERTS_ _Ave ter, Tr 4P RESO #9813 HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM COOPERATION AGREEMENT FOR FISCAL YEARS 2003, 2004 AND 2005 WHEREAS, the National Affordable Housing Act of 1990 authorized the U.S. Department of Housing and Urban Development ("HUD") to provide financial assistance to local governments to undertake or to assist in undertaking housing assistance activities in accordance with the HOME Investment Partnerships Program ("HOME Program"); and WHEREAS, Broward County and the below named municipalities, collectively referred to as "the Parties", are desirous of receiving federal funding under the HOME Program to provide affordable housing for their residents; and WHEREAS, Section 92.101, Title 24, Code of Federal Regulations, allows qualify as participating jurisdictions, to form a consortium in order to qualify for geographically contiguous units of general local government, which would not otherwise Program formula allocation; and a HOME WHEREAS, the Parties, as contiguous units of general local government, seek to enhance the quality of life for their respective citizens, and are desirous of entering into a Consortium Cooperation Agreement; and WHEREAS, this Agreement, pursuant to Chapter 163, Florida Statutes, authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and .thereby to provide services and facilities iri a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. NOW, THEREFORE, in consideration of the mutual covenants and conditions and other good and valuable consideration, of which the receipt and sufficiency is acknowledged, the parties agree as follows: SECTION 1. PARTIES. The parties to this Agreement are political subdivisions of the State of Florida: Broward County 115 S. Andrews Avenue Ft. Lauderdale, Florida 33301 SECTION 2. PURPOSES. This Agreement is entered into for the purpose of meeting the criteria established in 24 CFR Part 92 for obtaining general local government status as a consortium of otherwise ineligible jurisdictions to obtain funding from the HOME Program. Moreover, this Agreement is entered into in order to benefit the citizens of the respective parties. The Parties agree to cooperate with each other to undertake or assist in undertaking housing assistance activities pursuant to the HOME Program. SECTION 3. MEMBERS/CREATION OF CONSORTIUM. Upon execution of this Agreement, the Parties form a consortium to be known as the "Broward County HOME Consortium", ("Consortium"). SECTION 4. STATUS OF CONSORTIUM. The Broward County HOME Consortium shall be a unit of general local government for funding under the HOME Program upon designation by HUD. SECTION 5. REPRESENTATIVE. Broward County shall be the member unit of the Consortium authorized to act in a representative capacity to HUD for all members of the Consortium for the purposes of the HOME program. SECTION 6. CONSOLIDATED STRATEGIC PLAN, Broward County shall assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of the HOME Program, including requirements concerning a Consolidated Strategic Plan, and the requirements of 24 CFR Part 91 and 92 respectively, and the requirements of 24 CFR Part 92.350. All members of the Consortium shall cooperate in the preparation of a Consolidated Strategic Plan. SECTION 7. FUND ADMINISTRATION AND DISTRIBUTION. Broward County shall administer and distribute the HOME Program funding according to the allocation schedule calculated and determined by HUD. The participating cities shall select projects funded by their respective allocations and within their municipal boundaries, and the County shall administer the program. Broward County shall collect a ten percent (10%) administrative fee for administering the HOME Program funds and providing -all members with a quarterly report of the Program's activities.The parties may adjust funding distribution upon a majority vote of the consortium members. SECTION 8. CERTIFICATIONS. Each member of the Consortium will affirmatively further fair housing and will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies and Real Property Acquisition Policies of 1970, as amended, implementing regulations of 49 CFR Part 24 and the requirements governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974. SECTION 9. PROGRAM YEAR. The Parties shall be on the same program year for the HOME Program which begins on October 1 st and ends on September 30th each federal funding year. &Z SECTION 10. TERM. i his Agreement shall cover Fec,cral . -cal years 2003, 2004 and 2005. It will remain in effect until HOME Program funds for these three Federal fiscal years are expended for eligible activities. No consortium member may withdraw from the Agreement while the Agreement remains in effect. This Agreement will automatically be renewed for participation in successive three-year qualification periods, unless a member provides written notice that it elects not to participate in a new qualification period. Broward County, by the date specified in HUD's Consortia Qualification Notice for the next qualification period, will notify consortium members, in writing, of their rights to make such election. Failure by any party to this Agreement to adopt an amendment to the Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Consortia Qualification Notice applicable for a subsequent three-year consortia qualification period, and to submit the amendment to HUD as provided in the Consortia Qualification Notice, will void the automatic renewal of such qualification period. SECTION 11. AMENDMENTS. Broward County shall be authorized to amend the consortium agreement on behalf of the entire Consortium to add new members to the consortium based on written approval by a majority of the consortium members. SECTION 12. LIABILITY. Nothing is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. All consortium members are state agencies or political subdivisions of the State of Florida as defined in Section 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. SECTION 13. NOTICES. Formal notices under the terms of this Agreement shall be sent, by U.S. Mail, as follows: Ci.t of Tamarac 7525 NW $$th Street Tamarac, FL 33321 With a copy to the City Attorney at the same address. SECTION 14. COUNTERPARTS. This Agreement may be executed in counterparts and each executed agreement shall be treated as the original. SECTION 15. AUTHORIZING RESOLUTIONS/ATTORNEY CERTIFICATIONS. Each member shall adopt authorizing resolutions that are incorporated by this reference. The certifications of legal counsel set forth below shall be deemed an integral part of this Agreement. SECTION 16. LIMITATIONS OF AGREEMENT. It is not the intent of this agreement to change the jurisdiction of the parties in any manner except as specifically -3- provided. All other policies, rules, regulations and ordinances of the parties will continue to apply as to properties located within the jurisdictional boundaries of each party. SECTION 17. EMPLOYEE STATUS. Persons employed by either party in the performance of services and functions pursuant to this Agreement shall not be deemed to be employees of the other party nor shall they have any claim to pension, worker's compensation, civil service or other employee rights or privileges granted by the other party to its officers and employees. (The remainder of this page is intentionally left blank.) I'm IN WITNESS WHtREvF, the parties have made and L—ac, :d this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the m ay of a� , 20 Li, and the following municipalities signing by and through its authorized persons. BROWARD COUNTY ATTE T: C my AAdministrator n Ex-Officio Clerk of the Board of County Commissioners of Broward County, Floridai��T,,, -h.•-. , ry` I„K BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Lori Nance Parrish, Chair Z6y of S u-k-L , 20 0 `L -5- Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 James E. Saunders, III Assistant County Attorney AGREEMENT BETWEtN 6riOWARD COUNTY ANDW;i", �F7f�'r,r;� FOR PARTICIPATION IN HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM FOR FISCAL YEARS 2003, 2004 AND 2005 MUNICIPALITY: G i`?! eft— i'i ATTEST: Clerk ;iency: a:consorti .wpd May 20, 2002 02 Manager -Mayor doe_ -- c retL2-v— , 6y0r- Name Date TEMP RESO #10299 EXHIBIT "2" CITY OF TAMARAC PROGRAM DESCRIPTION YEAR 2003/2004 HOME PROGRAM This project will provide minor home repairs to approximately seven (7) low and moderate -income single-family homeowners whose homes are in need of repair. Eligible costs include labor and materials for the replacement of principal fixtures and components of existing structures. The repairs will be limited to corrective action that would eliminate those conditions in and around the home that pose a threat to the health, safety, and welfare of the household occupants. The cost of repairs for each home will be approximately $13,000.00, not to exceed $20,000.00, Applicants will be assisted on a first come -first served basis. This project will be an annual write -off -Recapture terms, Five -Year Zero (0%) interest deferred payment loan. Twenty (20%) yearly loan write -down, forgiven at a rate of Twenty (20%) per year for a period of Five (5) years. Pro -rated repayment due upon sale or transfer of property within the Five Year loan term.