Fort Walton Beach Resolution — 2019-05--LHAP — reading text

RESOLUTION 2019- 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS SUBMITTED BY OKALOOSA COUNTY AND 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; 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 t es 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 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 T'he methodology and purchase prices used are defined in the attached Loca1 Housing Assistance Plan; and WHEREAS, as required by Section 420. 9075, F. S., it is found that five ( 5) percent of the local housing distribution plus five ( 5) percent of program income is insufficient to adequately administering the local housing assistance plan. The cost of pay the necessary costs of administering the program may not exceed ten ( 10) percent of the local housing distribution plus five ( 5) percent 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 ten( 10) percent of program income for administrative costs. WHEREAS, pursuant to an interlocal the Okaloosa County Growth agreement, Management Department has prepared a three-yeaz Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the City Council finds that it is in the best interest of the public for Okaloosa County to submit the Local Housing Assistance Plan for review and approval so as to qualify far said documentary stamp tax funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA that:  RESOLUTION 2019- 5 Section 1: The City Council of the City of Fort Walton Beach, Florida 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 Sta.tutes, for fiscal yeaxs 2019- 2020, 2020- 2021, 2021- 2022. Section 2: The Mayor of the City of Fort Walton Beach, Florida 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 3: This Resolution shall take effect immediately upon its adoption by City Council and signature of the Mayor. Adopted: ; q,, q Richard A. Rynearson, Mayor Attest: Approved for form, legal sufficiency wi E ,. , a i Kim . Barnes, City Clerk ykes, Jr., ' ttorne r_, ss ' / `/ FIORI A  Exhibit G 2019 INTERLOCAL AGREEMENT State Housing initiatives Partnership Program This INTERLOCAL AGREEMENT made and entered into this 16th day of Apri1, 2019 by and between OKALOOSA COUNTY, a political subdivision of the State 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, acting by and through its City Council (the City"): WITNESSETH: WHEREAS, the County and the City have a legal authority to perform general government services within their respective jurisdiction; and WHEREAS, the County and the City are authorized by the Florida Statues Chapter 163. 01 et seq., to enter into Interlocal Agreements and thereby cooperatively utilize their powers and resources in the most efficient manner possible; and WHEREAS, the William E. Sadowski Affordable Housing Act ( Chapter 92- 317, Laws of Florida, incorporated herein by reference) created Section 4209072, et seq., Florida Statues, ( the " State Housing Initiatives Partnership Program" (" SHIP"), which authorizes monies in the Local Government Housing Trust Fund ( the " Fund") to be distributed to approved counties and eligible municipalities within the County pursuant to an Interlocal Agreement; and WHEREAS, Okaloosa 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 SHIP Program allocations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City have determined that SHIP Program funs can be effectively and efficiently utilized and managed through an Inter Local Agreement; and NOW, THEREFORE, FOR AND IN COSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: The County and the City do hereby agree that the SHIP program funds are to be distributed to the County by Florida Housing Finance Corporation, as provided in 420.9073, FL Statutes. Said funds shall be used within Okaloosa County with a minimum of 20% of the funds being used within the City, unless qualified projects cannot be found. The County shall receive 10% of the funds received for administering, reporting and monitoring for the SHIP program. Unless earlier terminated pursuant to other provisions of the Interlocal Agreement, the term of this agreement shall run concurrent with the distribution of SHIP Program funds which are allocated between the County and the City.  Exhibit G 2019 The County and the City direct the Florida Housing Finance Corporation ( the" Corporation") to distribute and allocate the SHIP program funds in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. The SHIP Program funds so distributed will be deposited in a single depository account created and managed by Okaloosa County. This account shall be known as the Okaloosa Local Housing Trust Fund, to which SHIP Program funds are distributed by the Corporation. 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, FL Statutes and Chapter 67- 37 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. Provide this Interlocal Agreement remains effective between the County and the City, but 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. The parties to the Agreement understand that the relevant las requires an incentive plan for providing affordable housing and they agree to cooperate in ensuring that the requirements and the spirit of applicable las is satisfied. Neither part shall use any revenues distributed and allocated for purposes other than those authorized by 420.9072 ( 7), FL Statutes, or as stipulated in Florida Housing Finance Corporation Administrative Rule 67. 37, as amended, as each may be applicable to the SHIP Program. If at any time during the term of this Interlocal Agreement, the County or the City believe that the intent of the parties set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such an entity may, upon the giving ninety( 90) days written notice, renegotiate the terms and the provisions of this Interlocal Agreement prior to the commencement of the next fiscal year. If the parties are unable to renegotiate the terms and provisions of the Interlocal Agreement, the Interlocal Agreement shall terminate and be of no further force of effect as to such party and the funds shall be allocated as provided by law. If either party shall cease to be eligible for allocation or distribution of SHIP Program monies, such party' s allocation of the funds shall remain in the SHIP fund to be used by the Corporation. The parties of the Agreement shall cooperatively prepare and submit a single consolidated annual report incorporation all activities undertaken with SHIP Program funds in compliance with reporting provisions of Florida Administrative Code 67- 37. 011. For all purposes herein, the term " Interlocal Agreement" shall mean this Interlocal agreement, and the provisions thereof. This Interlocal Agreement shall become effective 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 fully executed. 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 affixed, and the Okaloosa County, a political subdivision of the State of Florida has caused these  xhibit G 2019 presents to be executed in its nan e by its f oard of County Commissioners, acting by its Chairman of said board, the day and year first written above. CITY OF FORT 1NALTON BEACM, OKALOaSA COUNTY BOARD OF COUNTY COMMISONERS, r. Richard A. Rynearson, Mayor