5410-93
ORDINANCE-NO .' 5410-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORYn^
ESTABLISHING THE CLEARWATER STATE HOUSING INIT I
PARTNERSHIP (SHIP) PROGRAM; PROVIDING FOR Ar--? f
HOUSING ASSISTANCE TRUST FUND; ESTABLISHING THE
AND PURPOSE OF THE LOCAL HOUSING ASSISTANCE P
PROVIDING FOR A LOCAL HOUSING ASSISTANCE PROGR,
THE IMPLEMENTATION AND ADMINISTRATION THEREOF; PRA
FOR AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PRI 11 to rMK--s"??"
FOR THE TERMS, DUTIES AND RESPONSIBILITIES 0
GUIDELINES TO BE UTILIZED BY, SAID COMMITTEE IN Al OF RECOMMENDATIONS FOR THE AFFORDABLE HOUSING IN(
PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDI
EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted its Housing Element as part of the
Comprehensive Plan of the City on December 15, 1989; and
WHEREAS, the City adopted its Comprehensive Housing Affordability Strategy
(CHAS) as part of the Pinellas County Consortium; and
WHEREAS, the City of Clearwater has prepared a'Local Housing Assistance
Program which is consistent with Chapter 420, Florida Statutes; Rule 9I-37,
Florida Administrative Code; and the Housing Element and CHAS of the City; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Clearwater State Housing Initiatives Partnership (SHIP)
Program establishing: (1) Housing Trust Fund; (2) Housing Assistance Program; (3)
the responsibility for the implementation and administration of the Local }lousing
Assistance Program; and (4) the Affordable Housing Advisory Committee, is hereby
adopted to read as follows:
SECTION I. DEFINITIONS
A. "Act" means the, State Housing Initiatives Partnership Act, Sections
420.907 through 420.9079, Florida Statutes.
B. "SHIP Program" means the State Housing Initiative Partnership Program.
C. "LIHIC Program" means the Low Income Housing Tax Credit Program.
D. The definitions set forth in the Act and in Rule 9I-37.002, Florida
A. Administrative Code (FAC), are adopted by reference.
SECTION II. LOCAL HOUSING ASSISTANCE TRUST FUND
A. The Local Housing Assistance Trust Fund is hereby created and established.
B. All monies received from the State of Florida pursuant to the Act and any
other funds received or budgeted to provide funding for the Local Housing
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Assistance Program shall be deposited into the Local Housing Assistance
Trust Fund. Administration of the Local Housing Assistance Trust Fund
shall comply with Rule 9I-37.007, Florida Administrative Code (FAC).
C. Expenditures other than for the administration and implementation of the
Local Housing Assistance Program shall not be made from the Local Housing
Assistance Trust Fund.
D. Amounts on deposit in the Local Housing Assistance Trust Fund shall be
invested, until needed for application thereof, in the State Board of
Administration's local government surplus funds trust fund established
pursuant to Section 218, Part IV, Florida Statutes. All investment
earnings shall be retained in the Local Housing Assistance Trust Fund and
used for the purposes thereof.
E. Until utilized for the purposes thereof, monies in the Local Housing
Assistance Trust Fund shall be held in trust by the City solely for use
pursuant to the Local Housing Assistance Program. All Local Housing
Assistance Program income, including investment earnings, shall be
retained in the Local Housing Assistance Trust Fund and used for the
purposes thereof.
F. The Local Housing Assistance Trust Fund shall be separately stated as a
special revenue fund in the City's audited financial statements. Copies
of such audited financial statements shall be forwarded to the Florida
Housing Finance Agency as soon as such statements are available.
SECTION III. INTENT AND PURPOSE OF LOCAL HOUSING ASSISTANCE PROGRAM
A. The intent and purpose of the Local Housing Assistance Program is:
1. To make affordable resident units available to persons of very low,
±r low, and moderate income and to persons who have special needs, such
as, but not limited to, the elderly, disabled, homeless, and single
parents.
2. To increase the availability of affordable housing units by
combining local resources and cost-saving measures and using private
and public funds to reduce the cost of housing;
3. To promote more compact urban development and assist in achieving
the growth management goals contained in the City's Comprehensive
Plan, by allowing more efficient use of land so as to provide
housing units affordable to persons having special housing needs,
very low income, low income, or moderate income;
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4. To promote innovative design of eligible housing that provides cost
savings; flexible design options for housing and development such as
the combination of architectural styles, building forms, and
development requirements; and positive design features such as
orientation towards the street and pedestrian access, without
compromising the quality of eligible housing;
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5. To promote mixed income housing in urban, suburban, and rural areas
so as to provide increased housing and economic opportunities for
persons having special housing needs, very low income, low income,
or moderate income; and;
6. To build the organization and technical capacity of community-based
organizations so as to optimize the role of community-based
organizations in the production of affordable housing.
B. The purpose of this Ordinance is to aid in achieving the intent of the
Local Housing Assistance Program while providing for:
1. Protection of natural resources;
2. Enhancement of the viability of public transit, pedestrian
circulation, and non-motorized modes of transportation;
3. Community development and economic growth; and
4. A strong sense of community through increased social and economic
integration.
SECTION IV. ESTABLISHMENT OF LOCAL HOUSING ASSISTANCE PROGRAM
A. The Local Housing Assistance Program is hereby created and established.
The Program will be implemented through a local housing partnership that
will involve, to the greatest extent possible, lending institutions,
housing developers, non-profit and other" community-based housing and
service organizations, providers of professional services relating to
affordable housing, and other persons or entities who can assist in
providing housing or related support services.
3 B. The specific participants in partnership activities may vary according to
the City's resources and the nature of the local housing assistance
program. The participants in the partnership will be more fully
delineated in each Local Housing Assistance Program to be developed and
adopted by resolution every one to three years pursuant to Rule 91-37.005,
F . A. C. , except that the first Plan covering State Fiscal Years 1992-93 and
1993-94 is attached to this ordinance as Attachment A and adopted by
reference.
C. The City shall use the funds received from the State pursuant to the. State
Housing Initiatives Partnership Act to implement the Local Housing
Assistance Program. Specific activities implementing the Program,
including percentage of funds allocated, will be more fully delineated in
each Local Housing Assistance Program. The following criteria apply to
allocation of SHIP funds:
1. No more than 10 percent of all monies will be allocated annually to
administrative costs.
2. The remainder of the funds will be allocated to meet the following
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purpos es:
(a) Implement locally designed strategies that create or preserve
both affordable rental and homeownership housing utilizing
local, State or Federal assistance through loans or grants
that result in new construction, acquisition, acquisition with
rehabilitation, or rehabilitation, or
(b) Supplement existing and future local, State or federal housing
programs, such as the State Apartment Incentive Loan Program
or State and local Homeownership Assistance Programs, with
SHIP funds directed to uses within the City of Clearwater; or
(c) Provide local matches to obtain federal housing grants or
programs such as HOME; or
(d) Fund emergency repairs, including but not limited to repairs
performed by existing service providers under weatherization
assistance programs pursuant to sections 409.509 through
409.5093, Florida Statutes; or
(e) Fund other eligible SHIP activities and projects as may later
be provided for under State law without amendment to this
ordinance so long as such activities and projects are
compatible with the locally developed strategy,
3. Notwithstanding the allocation of funds for the purposes stated
above, the following criteria for the use of SHIP funds also apply:
(a) At least 65 percent of the funds will be used for
homeownership for eligible persons.
!t b At least 75 percent of the..funds will be used for
construction, rehabilitation, or? emergency repair of
affordable housing.
(c) Funds not used to meet the criteria set forth in subparagraphs
3(a)&(b) above, nor used in administration of the housing
assistance program, will be used for housing production and
'.. finance activities, including but not limited to financing the
purchase of existing units, providing rental housing, and
providing homeownership training to prospective homebuyers and
owners of homes assisted through the City's local housing
assistance program.
D. The followi ng criteria apply to awards made to eligible sponsors or
eligible persons for the purpose of providing affordable housing:
1. Homes which are sold under the SHIP Program will not have a sales
price which exceeds 90 percent of the median area purchase price.
2. All u nits constructed, rehabilitated, or otherwise assisted with
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SHIP Program funds must be occupied by very-low-income, low-income,
or moderate-income persons, including persons with special needs.
At least 30 percent of the units must be occupied by very-low-income
persons and at least an additional 30 percent by low-income persons.
The remainder may be occupied by very-tow-income, low-income, or
moderate-income persons.
3. Loans issued using SHIP funds will have terms not exceeding thirty
30 years, except for deferred payment loans or loans that extend
beyond 30 years which continue to serve eligible persons.
4. Rental housing constructed or rehabilitated using SHIP funds must
provide the minimum set-aside of units for very-low-income, low-
income, and moderate-income persons for at least 13 years;
otherwise, first right of refusal must be given to eligible
nonprofit organizations for purchase at the current market value for
continued occupancy by eligible recipients.
5. Eligible owner-Occupied housing constructed, rehabilitated, or
otherwise assisted from proceeds provided from the housing
assistance program shall be subject to the long-term affordability
and recapture requirements as provided by the City.
6. The total amount of monthly payments or the amount of monthly rent
charged by the eligible sponsor or his designee must be made
affordable to eligible persons.
7. The cost per unit and the maximum cost per unit for eligible housing
benefiting from awards made pursuant to the housing assistance
program will be established by resolution.
8. The benefit of assistance provided through the SHIP Program must
accrue to eligible persons occupying eligible housing.
SECTION V. DESIGNATION OF RESPONSIBILITY FOR ADMINISTRATION AND
IMPLEMENTATION OF THE LOCAL HOUSING ASSISTANCE PROGRAM
A. The City Manager shall be responsible for the implementation and
administration of the Local Housing Assistance Program, including
coordination with the housing partnership.
B. The City shall not treat as administrative expenses any costs previously
borne by another funding source which could continue to be available at
the time the Local Housing Assistance Program is submitted.
C. The total amount paid for any administrative expenses in connection with
the Local Housing Assistance Program shall not exceed ten percent of the
proceeds of the local housing distribution per year.
D. In implementing the Local Housing Assistance Program, the City shall:
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I. Develop a qualification system for applications, for awards, and
adopt criteria for the selection of eligible persons and eligible
sponsors and a maximum award schedule or system of amounts
consistent with the intent of the City's local housing assistance
program and the Act.
2. Advertise the availability of a housing assistance program in a
newspaper of general circulation and in periodicals serving ethnic
and diverse neighborhoods, if they exist, at least 30 days before
the beginning of any application period.
3. The City and all eligible sponsors shall not discriminate in the
award application process of eligible persons for eligible housing
on the basis of race, creed, religion, color, age, sex, marital
status, familial status, national origin, or handicap.
4. Comply with all rules and regulations of the Florida Housing Finance
Agency in connection with required reporting by the City of
compliance and its Local Mousing Assistance Program.
5. Require that, prior to receiving an award, all eligible persons or
eligible sponsors shall enter into an agreement with the City to
comply with the affordable housing criteria provided under the Act.
Contractual obligations required to ensure compliance with award
conditions as delineated in this ordinance and in the Act will be
specified in the contract documents submitted to the State as part
of the Local Housing-Assistance Program.
6. Ensure that staff or the entity that has administrative authority
for the local housing assistance program assisting rental
developments shall annually monitor and determine tenant
eligibility.
7. Require eligible sponsors receiving assistance from both the SNIP
Program and the LIHIC Program to comply with the income,
'affordability, and other LIHIC requirements. Similarly, any
eligible housing receiving assistance from SHIP and other Federal
programs shall be required to comply with any requirements specified
by the Federal program in addition to SHIP requirements.
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SECTION VI. AFFORDABLE HOUSING ADVISORY COMMITTEE
A. The Affordable Housing Advisory Committee is hereby created and
established. The members of the Advisory Committee shall be appointed by
resolution of the Clearwater City Commission.
B. The resolution appointing the Affordable Housing Advisory Committee shall
define affordable housing as applicable to the City in a way that is
consistent with the City's Comprehensive Plan.
C. The Affordable Mousing Advisory Committee shall consist of nine members.
Five members shall constitute a quorum, The committee may not take formal
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actions unless a quorum is present, but may meet to hear presentations if
duly noticed. The Affordab le Housing Advisory Committee shall include the
following:
1. One citizen who is actively engaged in the residential building
industry.
2. One citizen who is actively engaged in the banking or mortgage
industry. '
3. One citizen who is a representative of those areas of labor engaged
in home building.
4. One citizen who is de signated as an advocate for low income persons.
5. One citizen who is a provider of affordable housing.
5. One citizen who is a real estate professional.
D. Members shall serve for six-month terms initially and may be reappointed
for subsequent terms for a time period to be designated by the city
commission.
E. Meetings shall be held at least monthly for the first nine months of
committee existence and quarterly or more frequently thereafter.
F. The Affordable Housing Advisory Committee shall comply with the Government
in the Sunshine Law, the public records law, and the special provisions
regarding notice of Affordable Housing Incentive Program considerations
found in Section 420.9076, F.S. (1992 Supp.). Minutes of the meeting
shall be kept.
G. The Affordable Housing Advisory Committee shall annually elect a
Chairperson, Vice-Chairperson, and such other officers as it deems
necessary. The Chairperson is charged with the duty of conducting
meetings in a manner consistent with law.
H. Staff, administrative and facility support of the Affordable Housing
Advisory Committee shall be provided by the City Manager.
I. The Affordable Housing Advisory Committee shall review the established
policies and procedures, ordinances, land development regulations, and the
City's Comprehensive Plan and shall recommend to the City Commission
specific initiatives to encourage or facilitate affordable housing while
protecting the ability of the property to appreciate in value.
J. Recommendations may include the modification or repeal of existing
policies, procedures, ordinances, regulations, or land provisions. At a
minimum, the Affordable Housing Advisory Committee shall make
recommendations on affordable housing incentives in the following areas:
1. The affordable housing definition in the appointing resolution.
2. The expedited processing of permits for affordable housing projects.
3. The modification of impact fee requirements, including reduction or
waiver of fees and alternative methods of fee payment.
4. The allowance of increased density levels.
5. The reservation of infrastructure capacity for,housing for very low
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income persons and low income persons.
6. The transfer of development rights as a financing mechanism for
housing for very low income persons and low income persons.
7. The reduction of parking and setback requirements.
8. The allowance of zero-lot-line configurations.
9. The modification of sidewalk and street requirements.
10. The establishment of a process by which the City considers, before
adoption, procedures and policies that have a significant impact on
the cost of housing.
11. The preparation of a printed inventory of locally owned public lands
suitable for affordable housing.
K. The Affordable Housing Advisory Committee recommendations may also include
other affordable housing incentives identified by the Committee.
L. To the maximum extent feasible, the recommendations submitted to the City
Commission shall quantify the affordable housing cost reduction
anticipated from implementing the specific recommendation.
M. Within nine months from the adoption of this Ordinance, the Affordable
Housing Advisory Committee shall make to the City Commission
recommendations approved by a majority of its membership following a
public hearing. Notice of the time, date, and place of the public hearing
shall be published in a newspaper of general paid circulation in the City.
Such notice shall contain a short and concise summary of the affordable
housing incentive recommendations to be considered by the Affordable
Housing Advisory Committee. The notice shall also state the public place
where copies of the tentative Affordable Housing Advisory Committee
recommendations can be obtained by interested persons.
Section 2. It is the intention of the City Commission that the provisions
hereof shall be considered severable and that the invalidity of any provision of
this ordinance shall not affect the validity of any other provisions of this
ordinance.
Section 3. This ordinance shall take effect 30 days after adoption.
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PASSED ON FIRST READING AS AMENDED
PASSED ON SECOND AND FINAL READING
AND ADOPTED AS AMENDED
June 17, 1993
July. 1, 1993
th Garvey, Mayor-CommissXVer
Attest:
Cyn hia E. Goudeau; A. ky C erc
Approved as to form and correctness:
M. A. Ga rait , r., City Attorney
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