Legislative Matter

Miami-Dade Legislative Item
File Number: 130287

Clerk's Official Copy

File Number: 130287

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 13-12

Control: Board of County Commissioners

File Name: HOUSING LOANS REFINANCE

Introduced: 2/13/2013

Requester: NONE

Cost:

Final Action: 2/5/2013

Agenda Date: 2/5/2013

Agenda Item Number: 7E

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 122319

Title:

ORDINANCE RELATING TO THE REFINANCING OF AFFORDABLE HOUSING LOANS MADE TO DEVELOPERS; PROVIDING FOR REFINANCING AND CONVERSION OF LOAN FUNDS TO OTHER AFFORDABLE HOUSING PROJECTS OF THE DEVELOPER UNDER CERTAIN CIRCUMSTANCES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 122319]

Indexes:

HOUSING

Sponsors:	Dennis C. Moss, Prime Sponsor
	Lynda Bell, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

County Attorney	2/14/2013		Assigned	Shannon D. Summerset		2/14/2013

Board of County Commissioners	2/5/2013	7E AMENDED	Adopted as amended				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Chairwoman Sosa asked if this item contained a penalty provision or preventative measure that could be used by the County to withhold a developer’s payment if their work was deemed sub-standard or they didn’t pay their sub-contractors and employees. She noted it would provide assurance that their work was acceptable. Commissioner Moss suggested language be included that specified any such action would be at the sole discretion of the department. Assistant County Attorney Shannon Summerset advised the following sentence could be added after the last sentence in Section 1: “The developer must be in compliance with all county contracts and regulations.” Commissioner Moss accepted the foregoing amendment. There being no further comments or questions, the Board adopted the foregoing ordinance as amended.

Legislative Text

TITLE
ORDINANCE RELATING TO THE REFINANCING OF AFFORDABLE HOUSING LOANS MADE TO DEVELOPERS; PROVIDING FOR REFINANCING AND CONVERSION OF LOAN FUNDS TO OTHER AFFORDABLE HOUSING PROJECTS OF THE DEVELOPER UNDER CERTAIN CIRCUMSTANCES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Any developer or other entity that has received a loan from Miami-Dade County for the provision of affordable housing and repays such loan in full before the date on which the loan is due in full, may without the need for further application to the County, have the repaid funds loaned to it, or a related entity, for additional eligible affordable housing projects. Developers must be in compliance with all County contracts and regulations.
Section 2. Notwithstanding any other provision of the Code of Miami-Dade County or of any ordinance, no competitive process shall be required for the loan of funds made pursuant to Section 1 above.
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word ''ordinance'' may be changed to ''section,'' ''article,'' or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.