Fort Walton Beach Resolution — 2010-29 - Okaloosa Board LHAP — reading text

d RESOLUTION 2010- 29 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS AND CERTIFICATIONS; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSIN,G ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF FORT WALTON BEACH: Section 1. Authorization & Intent The State of Florida enacted the William E. Sadowski Affordable Housing Act, ~ chapter 92-,317, Fla. Sessions Laws, allocat1ng a portion of docurl)entary stamp taxes on deeds to local governments for the development and maintenan~ of affordable housing. 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. The SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy. The SHIP Act requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act as defined by the methodology and purchase prices in the attached Local Housing Assistance Plan. The Okaloosa County Development Corporation has prepared a three- year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation. The Council hereby finds that five percent ( 50/0) of the local housing distribution plus five percent ( 50/0) of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan for the benefit of the City of Fort Walton Beach. The Council further finds that it is in the best interest of the health, safety, and welfare of the citizens of the City to submit the Local Housing Assistance Plan for review and approval so as to qualify for certain documentary stamp tax funds. Section 2. Approval of LHAP The Council hereby approves the Local Housing Assistance Plan for fiscal years 2010/ 2011, 2011/ 2012, 2012/ 2013, as attached and incorporated in this resolution, for submission to the Florida Housing Finance Corporation, as is required by 99 420. 907- 420- 9079, Fla. Stat. (2010). The cost of administering the program, as it pertains to the City, may not exceed ten percent ( 10 11< ) of the local housing distribution funds plus five percent ( 50/0) of the program income deposited into the trust fund. Section 3. Authorization for Execution The Mayor is designated as the City official authorized to execute documents and certifications required by the Florida Housing Finance Corporation regarding the Local Housing Assistance Plan as such execution will do things necessary and proper to carry out the terms and conditions of the program and pursuant to this Resolution. CERTIFIED A TRUE AND CORRECT COPY CITY OF FORT WALTON BEACH BY: mNSPENC~ n fA.. DATE: 11-//;-(  InsIr. 2666137 BK:2957 PG:" 11P't Page 1 01.. Recorded 10l25I2010 at 04:05 r RECORDING: $ 19.50 ReCOR. " ARTICLE V: $ 16.00 0EPU1Y CLERK KSCHOOLCRAFT INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT"made and entered Into this of J!<< ifay o~ by and between OKALOOSA COUNTY, a political subdivision of lheStaie-of Florida, acting by and through its Board. of County Commissioners the .CountY') and the CIty of Fort Walton Beach. a municipal corporation created and existing under the laws of the State of Florida, actlng~by and through Its City Council ( the . CitY'): WITNESSETH: WHEREAS, the City and the County have legal authority to perform general government services within their respective jurisdiction; and WHEREAS, THE City and the County are authorized by Florida Statutes Chapter 163.01 et 88q., to enter the Interlocal Agreements and thereby cooperatively utilize their powers and resources In the most efficient manner possible; and WHEREAS, the William E. Sadowski Affordable Housing Ad" Chapter ( 92- 317, Laws of Florida, Incorporated herein by reference creSted SectIon 420. 9027, et seq. Florida Statutes. ( the -state Housing Initiatives Partnership Program- SHIP'), which authorizes monies In the Local Government Housing Tr:ust Fund the . Fund-) to be distributed 10 approved counties and eligible municipalities within the County pursuant to an Interlocal Agreement; and WHEREAS, 0kaI00sa County is an approved County and the City of Fort Walton Beach Is an eligible municipality within the County; and WHEREAS, the County and the City desire to jointly utilize State Housing Initiatives Partnership Program ( SHIP) Program alk;>cations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City ha~ determined that ( SHIP) Program funds can be more effectively utilized and managed through an Interlocal Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The City and the County do hereby agree thSt the ( SHIP) Program funds which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall be allocated to the Okaloosa Community Development Corporation With a minimum of 20% of the funds being used within the City, unless qualified projects  cannot be found. The OkalOO88 Community Development Corporation for administering, reporting and monitoring of the SHIP) Program shall receive 10% of the funds received. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this agreement shall run concurrent with the distribution of (SHIP) Program funds which are to be allocated between the County and the City. 3. The City and the County direct the Florida Housing Finance Corporation (the . Corporation-) to distribute and allocate the (SHIP) Program funds in accordance with this Intertocal Agreement and authorize the Corporation to ntly on their stated Intent and their authority to execute this Interlocal Agreement. 4. The ( SHIP) Program funds so distributed will be deposited in a single depository account created by Okaloosa Community Development Corp., which shall be administered by the Board of Directors. This account shall be known as the Hurricane Housing T~ Fund ( hereinafter referred to as . Local Housing TNst Funcf'), to which ( SHIP) Program funds are distributed by the State of Florida. The Corporation will be notified of any change In the Local SHIP) Program Fund status and the parties agree to have such Local ( SHIP) Program audited annually as required by Chapter 420, Florida Statutes and Rule 67-37, 67ER-05 and 67-55, Florida Administrative Code. The parties hereto agree to pay their pro-rata share of the costs of an audit of the Local (SHIP) Program Funds in accordance with the funding distribution percentages denoted In Section 1 of this Agreement. 5. Provided this Interlocal Agreement remains effective between the City and the County, both parties agree that they will not do anything to jeopardize the other party's right to receive Its allocation from the Local ( SHIP) Program Fund. 6. The parties to tJ1ls Agreement understand that the relevant law requires an incentive plan for providing affordable housing and they agree to cooperate In ensuring that the requirements and the spirit of applicable law is satisfied. 7. Ne~her party shalt use any revenues distributed and allocated for purposes other ttlan those authorized by 420.9072 ( 7), Florida Statutes, or as ~ pulated in Florida Housing Finance Corporation Administrative Rules 67-37, 67ER-05 and 67-55 ( as each may be applicable to the(SHIP) Program) 8. If at any time during the term of this Intertocal Agreement. the City or the County which are the parties to this InterIocal Agreement, the City or County believe that the Intent of the parties set forth herein is not being accomplished, or that the tenns of the InterIocal Agreement are not fair, such entity may, upon the giving of ninety 90) days written notice, renegotiate the tenns and the provisions to be effective.on the first day of the next fiscal year. If the parties are unable to renegotiate the tenns and provisions of this Interlocal Agreement prior to the commencement of the next fiscal year, the noticing party shall cease to be a party to this InterIocal Agreement and this Interlocal Agreement shall tenninate and be of no further force or effect as to such party and the funds shaH be allocated as provided by law. 9. If either party shall cease to be eligible for allOcation or distribution of State Housing Initiative Partnership ( SHIP) Program monies, such party's allocation of the funds shall remain In the State (SHIP) Program Fund to be used by the Corporation 10. Okaloosa Community Development Corp. will report quarterly to the Board of County Commissioners and the City of Fort Walton Beach. 11. The parties of this Agreement shall cOoPeratively prepare, and submit a single consolidated annual report Incorporating all activities undertaken with ( SHIP) Program funds in compliance with reporting provisions of Administrative Rule 67ER-QS and 675S. - 12. For all purposes of this Interlocal Agreement, " e term .' nterlocal Agreement' shall mean this Interlocal Agreement 13. This Intertocal Agreement shall become eff~ when filed in the office of the Okaloosa County Clerk of CIrcuit Court Finance Department. The County shall be responsible for such filing as soon as this Agreement has been fuDy executed. BALANCE OF PAGE BLANK-  IN WITNESS WHEREOF, the said municipal corporation in pursuance of due and legal action of its City Council has executed these presents causing Its name to be signed by Its Mayor and Its corporate seal to be aftixed, and Okaloosa County. a political subdivision of the State of Florida has caused these presents to be executed in Its name by Its Board of