Resolution 2004-155
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RESOLUTION NO. 2004- 155
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
APPROVING THE LOCAL HOUSING ASSISTANCE PLAN FOR
FISCAL YEARS 2004-2005, 2005-2006, AND 2006-2007 AS
REQUIRED BY THE FLORIDA STATE HOUSING INlTIATIVES
PARTNERSHIP (SHIP) PROGRAM; APPROVING A MAXIMUM
AWARD SCHEDULE; MAINTAINING ADMINISTRATIVE COSTS
OF THE LOCAL AFFORDABLE HOUSING ASSISTANCE PLAN
AT A MAXIMUM Of TEN PERCENT OF THE TOTAL SHIP
ALLOCATION; AUTHORIZING SUBMISSION OF THE LOCAL
HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING
FINANCE CORPORATION FOR REVIEW AND APPROVAL;
AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS;
APPROVING THE INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES; AND
APPROVING THE EFFECTIVE DATES.
WHEREAS, the Florida State Legislature enacted the William E. Sadowski
Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida
Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehensive funding
package for state and local housing programs to better enable local governments to meet
their responsibilities for affordable housing in accordance with their comprehensive
plans; and
WHEREAS, pursuant to the Act, the State wil1 al10cate a portion of new and
existing documentary stamp taxes on deeds to local governments for development and
maintenance of affordable housing; and
WHEREAS, the Board of County Commissioners of Collier County Florida
enacted Collier County Ordinance No. 93-19 on April 13, 1993 establishing the Collier
County Local Housing Assistance Plan; and
WHEREAS, through Resolution No. 93-159 the Board of County Commissioners
adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP
funds for fiscal years 1992-1993, 1993-1994, and 1994-1995; and
WHEREAS, the Act requires in order to qualify for additional SHIP Funds, local
governments must develop a new one to three year Local Housing Assistance Plan
outlining the local government's use of SHIP Funds; and
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WHEREAS, the Act also requires the local government to adopt a maximum
award schedule, an average cost per unit, and a maximum cost per unit for eligible
housing benefiting from SHIP Awards; and
WHEREAS, the Act limits the administrative costs of the Local Housing
Assistance Program to five percent (5%) of the total SHIP allocation unless the Board of
County Commissioners, by this resolution, increases the percentage to a maximum of ten
percent (10%); and
WHEREAS, it is in the best interest of Col1ier County to qualify for the SHIP
Funds, and all action taken by the County in furtherance of such qualification is for a
valid County purpose.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Collier County, Florida, that:
1. The Board of County Commissioners hereby approves the Three Year
Local Housing Assistance Plan for fiscal years 2004-2005, 2005-2006, and 2006-2007.
2. The maximum award schedule for SHIP Funds under the Local Housing
Assistance Program shall be $15,000 per eligible unit.
3. The average cost per unit for eligible housing benefiting from SHIP
Awards shall be $100,000.
4. The maximum cost per unit for eligible housing benefiting from awards
made pursuant to the SHIP program shall not exceed $254,250 for new and existing
eligible housing units as mandated by the U.S. Treasury Department.
5. The annual administration costs of the Local Housing Assistance Program
shall be maintained at ten percent (10%) of the local SHIP allocation.
6. The Chairman of the Board of County Commissioners is authorized to
submit the Local Housing Assistance Plan, a copy of which is attached hereto and made
part hereof, to the State of Florida Housing Finance Corporation for its review and
approval.
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7. The Chairman of the Board of County Commissioners is authorized to
execute the certifications annexed to the Housing Assistance Plan on behalf of the
County.
8. The Chairman of the Board of County Commissioners is hereby
authorized to execute the Interlocal Agreement between Collier County and the City of
Naples adopting the Parties' implementation of the Local Housing Assistance Plan
adopted herein by reference.
9. The Board hereby adopts as its policy in compliance with sec. 420.9701
(16), F.S., a program to be administered by County staff that will assure that permits as
defined in s. 163.3164 (7) and (8), F.S., for affordable housing projects are expedited to a
greater degree than other projects and permits.
10. This Resolution shall take effect immediately upon its adoption.
This Resolution adopted after motion, second, and majority vote favoring same.
DATED,,~- '30 -O~
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Patrick G. Whi\e
ASSIST ANT COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
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A FIALA, CHAIRMAN
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Rec'd
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Retr. :
CLERK TO THE BOARD
INTBROFFICE 4TH FLOOR
EXT 7240
3389755 OR: 3552 PG: 3995
RBCORDBD In the OFFICIAL RECORDS of COLLIBR COUNTY, PL
04(30/2004 at lO:49AK DWIGHT B. BROCK, CLBR~
RBC PRB
COPIBS
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Exhibit H.
Collier County
Local Housing Assistance Plan
FY 2005, 2006, and 2007
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT made and entered into this ~ 1st" day of
April, 2004 by and between Collier County, a political subdivision of the State of Florida,
acting by and through its Board of County Commissioners (the "County") and the City of
Naples, a municipal corporation created and existing under the laws of the State of
Florida, acting by and through its City Council ("City"):
WITNESSETH:
WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing
Initiatives Partnership Act" "SHIP"), authorizes monies in the Local Government
Housing Trust Fund (the "Fund") to be distributed to the County and eligible
municipalities within the County pursuant to an interlocal agreement; and
WHEREAS, Collier County is an approved County and the City of Naples is an
eligible municipality within the County; and
WHEREAS, the County and City desire to distribute SHIP allocations pursuant
to this Interlocal Agreement; and
WHEREAS, the County and the City have determined the SHIP funds can be
more effectively and efficiently utilized and managed when the County and City work
cooperatively to address the community's affordable housing needs.
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OR: 3552 PG: 3996
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 that the monies in the Fund
which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall
be allocated between the County and City as follows:
City
9.28%
County
90.72%
For Fiscal Year, 2004-05 the State allocated 9,28% of the SHIP funds to the City and
90.72% to the County. Therefore, no less than 9.28% of the total allocation will be
earmarked for the City of Naples in any given fiscal year. These percentages are based
upon the March 2004 SHIP program allocation distribution schedule. The City of Naples
may distribute a portion of its allocation to housing activities within the Urban Housing
Assistance Area as defined in the July 1994 Interlocal Agreement adopted by Collier
County and the City of Naples.
2. Unless earlier terminated pursuant to other provisions of this Interlocal
Agreement, the term of this Agreement shall run concurrent with the distribution of
monies in the Fund which are to be allocated between the County and the City. This
Interlocal Agreement entered into this /1/sr day of April, 2004 shall expire on the 30th
day of June, 2007, unless at such time the City and the County mutually agree to extend
this Agreement or terminate said Agreement under the provisions of Section 8.
2
OR: 3552 p~ )997
6 All
3. The City and the County direct the Florida Housing Finance Corporation
(the "Corporation") to distribute and allocate the monies in the Fund in accordance with
this Interlocal Agreement and authorize the Corporation to rely on their stated intent and
their authority to execute this Interlocal Agreement.
4. Provided this Interlocal Agreement remain 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 Fund.
5. The parties to this Agreement understand that the statute reqUIres an
incentive plan for providing affordable housing and they agree to cooperate in ensuring
that the requirements and spirit of the statute are satisfied.
6. The parties to this Agreement recognize the contributions of the joint City/
County Affordable Housing Commission (ARC) and agree to appoint ARC members to
the Affordable Housing Advisory Committee. The County's Financial Administration
and Housing office will be responsible for the overall administration of the programs
assisted with SHIP funds and shall receive administration monies from the SHIP
allocation. Said administration allocation shall not exceed 10% of the total SHIP
allocation in accordance with 420.9075 (6) and County Resolution 2004-
. The
County will establish, administer, and audit a Local Housing Assistance Trust Fund in
accordance with Ordinance No. 93-19, as amended and SHIP requirements. In addition,
the County will submit the required annual report on behalf of the interlocal entities.
3
OR: 3552 PG: 3998
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7. If at any time during the term of this Interlocal Agreement, the City or the
County which are parties to this Interlocal Agreement believe that the intent of the parties
as set forth herein is not being accomplished, or that the terms of the Interlocal
Agreement are not fair, such entity may, upon the giving of ninety days written notice,
renegotiate the terms and provisions of this Interlocal Agreement to be effective on the
first day of the next fiscal year. If the parties are unable to so renegotiate the terms and
provisions of this Interlocal Agreement prior to the commencement of the next fiscal
year, the noticing party shall cease to be party to this Interlocal Agreement and this
Interlocal Agreement shall terminate and be of no further force or effect as to such party
and the funds shall be allocated according to population pursuant to Section 420.9072 (9)
and Section 420.9073, Florida Statues.
8. If either party shall cease to be eligible for allocation and distribution,
such party's allocation of the funds shall remain in the Fund to be used by the
Corporation.
9. For all purposes of this Interlocal Agreement, the term "Interlocal
Agreement" shall mean this Interlocal Agreement.
10. Both parties acknowledge the SHIP enabling legislation, the rules
promulgated to implement same, and that the Statute and the rules are incorporated herein
as if they were reprinted.
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*** OR: 3552 PG: 3999 ***
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IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials.
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APPROVED AS TO FORM AND LEGAL
~t&
PATRICK G. WHITE
ASSISTANT COUNTY A TfORNEY
DATED: '-1- ~k.::..Q4.f
ArrEST:
2"4'4 -R. rJ1!I ~
RA A. NOR AN , C t C ERK
APPROVED AS TO FORM AND LEGAL
s~rCIENCYb .
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ROBERT D. PRITT , CITY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By. rg ~
DONNAF ~
CITY OF NAPLES, a municipal
corporation
BY:~.
BILL BARNETT , MAYOR
Item# l~l
Agenda L}.?-1_ '
Date (... I
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