HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-071 Temp. Reso #13309
July 10, 2019
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA APPROVING THE LOCAL HOUSING
ASSISTANCE PLAN (LHAP) AS REQUIRED BY THE STATE
HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT,
SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND
RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE;
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY
NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY
THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL
HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY
THE FLORIDA HOUSING FINANCE CORPORATION;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
ACCEPT THE STATE OF FLORIDA'S STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM BUDGET BY
ACCEPTING THE FISCAL YEAR 2019, 2020, AND 2021
ALLOCATIONS OF THE PROGRAM FUNDS TO BE UTILIZED
ACCORDING TO THE CITY'S LOCAL HOUSING ASSISTANCE
PLAN AND HOUSING DELIVERY GOALS CHART; THAT THE
APPROPRIATE CITY OFFICIALS ARE HEREBY AUTHORIZED TO
APPROPRIATE SAID FUNDS INCLUDING ANY AND ALL
SUBSEQUENT BUDGETARY TRANSFERS TO BE IN
ACCORDANCE WITH PROPER ACCOUNTING STANDARDS;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable
Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of
documentary stamp taxes on deeds to local governments for the development and
maintenance of affordable housing; and
WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-
420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code,
requires local governments to develop a one- to three-year Local Housing Assistance
Plan outlining how funds will be used; and
WHEREAS, the SHIP Act requires local governments to establish the maximum
SHIP funds allowable for each strategy; and
Temp. Reso #13309
July 10, 2019
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WHEREAS, the SHIP Act further requires local governments to establish an
average area purchase price for new and existing housing benefiting from awards made
pursuant to the Act; The methodology and purchase prices used are defined in the
attached Local Housing Assistance Plan; and
WHEREAS, as required by section 420.9075, F.S. It is found that 5 percent of the
local housing distribution plus 5 percent of program income is insufficient to adequately
pay the necessary costs of administering the local housing assistance plan. The cost of
administering the program may not exceed 10 percent of the local housing distribution
plus 5% of program income deposited into the trust fund, except that small counties, as
defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution
of up to $350,000 may use up to 10 percent of program income for administrative costs;
and
WHEREAS, the Community Development Department has prepared a three-year
Local Housing Assistance Plan for submission to the Florida Housing Finance
Corporation; and
WHEREAS, the Director of the Community Development Department has
reviewed the Local Housing Assistance Plan and Exhibits and submitted the same to the
Florida Housing Finance Corporation for conditional review and approval; and
WHEREAS, the Florida Housing Finance Corporation issued a conditional
approval with comments for the City of Tamarac's LHAP; and
WHEREAS, the Director of the Community Development Department has
reviewed the comments and made the necessary updates to the Local Housing
Assistance Plan and Exhibits and recommends approval of same; and
WHEREAS, the City Commission held a public hearing at the duly noticed July 10,
2019 meeting and find that it is in the best interest of the public for the City of Tamarac to
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July 10, 2019
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submit the Local Housing Assistance Plan to Florida Housing Finance Corporation for
final review and approval so as to qualify for said documentary stamp tax funds; 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 accept the State
of Florida's State Housing Initiatives Partnership (SHIP) Program budget by accepting the
Fiscal Year 2019, 2020, and 2021 allocations of the Program funds to be utilized
according to the City's Local Housing Assistance Plan and Housing Delivery Goals Chart.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
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; all exhibits attached hereto are incorporated herein and made a specific part
of this Resolution.
Section 2: The City Commission of the City of Tamarac hereby approves the
Local Housing Assistance Plan, as attached and incorporated hereto for submission to
the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida
Statutes, for fiscal years 2019 through 2021.
Section 3: That the appropriate City Officials accept the State of Florida's State
Housing Initiatives Partnership (SHIP) Program budget by accepting the FY 2019, 2020,
and 2021 allocations of Program funds to be utilized according to the City's Local Housing
Assistance Plan and Housing Delivery Goals Chart. In addition, the appropriate City
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July 10, 2019
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Officials are hereby authorized to appropriate said funds, including any and all
subsequent budgetary transfers to be in accordance with proper accounting standards.
Section 4: The Mayor, or in her absence, the Vice-Mayor, is hereby designated
and authorized to execute any documents and certifications required by the Florida
Housing Finance Corporation as related to the Local Housing Assistance Plan, and to do
all things necessary and proper to carry out the term and conditions of said program.
Section 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 6: 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 7: This Resolution shall take effect immediately upon its adoption.
Temp. Reso #13309
July 10, 2019
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
IA
FLORIDA THIS / ' DAY OF July, 2019.
CITY OF TAMARAC, FLORIDA
MICH LLE J. GOMEZ, M OR
M. GOMEZ
ATT T. M. BOLTON
M. GELIN
J. FISHMAN
D. PLACKO
PATRICIA A. TEUFEL,
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
•
.
SA U L S. GOR
CITY ATTORNE
Exhibit D
67-37.005(1),F.A.C.
[7/10/2019]
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Local Government or Interlocal Entity: CITY OF TAMARAC
Certifies that:
(1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907-
420.9079, Florida Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination
on the basis of race, color, national origin, sex, handicap, familial status, or religion.
(3) A process to determine eligibility and for selection of recipients for funds has been
developed.
(4) Recipients of funds will be required to contractually commit to program guidelines and loan
terms.
(5) Florida Housing will be notified promptly if the local government/interlocal entity will be
unable to comply with any provision of the local housing assistance plan(LHAP).
(6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the
State fiscal year in which they are received and a plan for the expenditure of SHIP funds including
allocation,program income and recaptured funds within 24 months following the end of the State
fiscal year in which they are received.
(7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the
Local Government Comprehensive Plan will be initiated at the next available opportunity to insure
conformance with the LHAP.
(8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or
approval within 21 days after adoption.
(9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or
recaptured funds.
(10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law.
(11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the
local governments audited financial statements (CAFR). An electronic copy of the CAFR or a
hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year.
(12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S.
shall be provided to Florida Housing by June 30 of the applicable year.
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Exhibit D
67-37.005(1),F.A.C.
[7/10/2019]
(13) SHIP funds will not be pledged for debt service on bonds.
(14) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC
requirements, similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to serve eligible persons.
(16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for
compliance with tenant income requirements and affordability requirements or as required
in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic
monitoring and determination, a municipality, county or local housing financing authority
may rely on such monitoring and determination of tenant eligibility.
(17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37
FAC.
(18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for
Miami-Dade County).
eem LaN re
Witness , Chief Electe Offic or designee
Michael C. Cernech, CityManager
Witness J Type Name and Title
7 --„23 l
Date
OR
Attest:
(Seal)
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