09-28
RESOLUTION NO. 09-28
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING AND ADOPTING THE CITY OF
CLEARWATER STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE
PLAN, COVERING STATE FISCAL YEARS 2009-2012;
INCORPORATING THE FLORIDA HOMEBUYER
OPPORTUNITY PROGRAM STRATEGY, EFFECTIVE FOR
STATE FISCAL YEAR 2009-2010 ONLY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the William
E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Law,
allocating a portion of documentary stamp taxes on deeds to local governments for the
development and maintenance of affordable housing; and
WHEREAS, the City of Clearwater adopted its State Housing Initiatives
Partnership (SHIP) Local Housing Assistance Plan for state fiscal years 2009-2012 by
Resolution No. 09-21, dated April 15, 2009; and
WHEREAS, during the 2009 legislative session, the Florida legislature allocated
$30 million to aid the federal government in the American Recovery and Reinvestment
Act of 2009 ("Act") and to be disbursed through the Florida Homebuyer Opportunity
Program ("Program"). The Act provides for up to $8,000.00 in tax credits to first time
homebuyers toward the purchase of a primary residence; and
WHEREAS, the City of Clearwater was awarded $97,500.00 from the State of
Florida through the SHIP program to assist first time homebuyers who purchase their
primary residence by December 1, 2009; and
WHEREAS, the City of Clearwater finds it necessary to amend its Local Housing
Assistance Plan for fiscal years 2009-2012 to include and adopt the Florida Homebuyer
Opportunity Program Strategy ("Exhibit "A", attached hereto and incorporated herein)
which shall be effective for Fiscal Year 2009-2010 in accordance with the expiration
date as set out by law; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The City of Clearwater hereby approves and adopts the Local
Housing Assistance Plan, as amended, to include the Florida Homebuyer Opportunity
Program ("Program") strategy, attached hereto and incorporated herein as Exhibit "A", for
state fiscal years 2009-10,2010-11 and 2011-12.
Resolution No. 09-28
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16th day of July
,2009.
J~~~
Frank V. Hibbard
Mayor
Approved as to form: Attest:
~o~
Assistant City Attorney
2 Resolution No. 09-28
Exhibit "A"
H. Name of the Strateay: Florida Homebuyer Opportunity Proaram
a. This strateqv is desiqned in response to the leqislative proviso
requirinq SHIP local qovernments to expend FY 2009-2010 funds to ensure that
residents of the state derive the maximum possible economic benefit from the
federal first time homebuver tax credit created throuqh The American Recoverv
and Reinvestment Act of 2009 bv providinq subordinate down payment
assistance loans to first time homebuvers for owner occupied primary residences
that can be repaid bv the income tax refund the homebuver is entitled to under
the First Time Homebuver Credit. The state proqram shall be called the "Florida
Homebuver Opportunity Proqram."
b. Fiscal Years Covered: 2009/2010 until expiration of the
Florida Homebuver Opportunity Proqram Tax Credit.
c. Income Cateqories to be served: Up to $75,000 for sinqle
taxpayers or $150,000 for joint filers. There is no requirement to reserve 30
percent of the funds for awards to very-low-income persons or 30 percent of the
funds for awards to low-income persons; and there is no requirement to expend
75% of funds for construction, rehabilitation or emerqencv repair.
d. Maximum award is the principal balance of the loans
provided shall not exceed 10% of the purchase price or $8,000 whichever is less.
e. Terms. Recapture and Default: If the county or eliqible
municipalitv receives repayment from the homebuver within 18 months after the
c10sinq date of the loan the county or eliqible municipalitv shall waive all interest
charqes. A homebuver who fails to fullv repay the loan within 18 months shall be
subject to repayment terms provided in an appropriate strateqy in the local
housinq assistance plan. All funds repaid to a county or eliqible municipalitv shall
be considered "proqram income" as defined in s. 420.9071 (24).
f. Recipient Selection Criteria: Recipients must meet the
requirements of the followinq: The maximum income limit shall be Adiusted
Gross Income of $75.000 for sinqle taxpayer households or $150,000 for joint-
filinq taxpayer households which is equal to that permitted by the American
Recovery and Reinvestment Act of 2009.