3257 ORDINANCE NO. 32~7
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMEND ING ORDINANCE NO. 3 0 8 7, TO PROVIDE AN
AFFORDABLE HOUSING EXTENDED PAYMENT
ALTERNATIVE FOR CITY IMPACT FEES; PROVIDING
APPLICATION PROCEDURES; AUTHORIZING THE CITY
COMMISSION TO APPROVE RESIDENTIAL DEVELOPMENT
FOR PARTICIPATION IN THE AFFORDABLE HOUSING
EXTENDED PAYMENT ALTERNATIVE FOR CITY IMPACT
FEES; DEFINING QUALIFIED AFFORDABLE HOUSING
FOR BUYERS AND SANFORD RESCUE OUTREACH
MISSION; AUTHORIZING CITY MANAGER TO ENTER
INTO EXTENDED PAYMENT AGREEMENTS WITH
QUALIFIED AFFORDABLE HOUSING BUYERS AND WITH
THE SANFORDRESCUE OUTREACH MISSION; PROVIDING
EXTENDED PAYMENT OF CITY IMPACT FEES FOR
QUALIFIED AFFORDABLE HOUSING BUYERS AiqD THE
SANFORDRESCUE OUTREACH MISSION; PROVIDING FOR
COLLECTION OF DELINQUENT FEES, THE FILING OF A
CLAIM OF LIEN, FORECLOSURE; PROVIDING FOR
CODIFICATION, SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford, Florida,
recognizes the characteristics of the local housing market and the
shortage of affordable housing; and,
WHEREAS, the City Commission of the City of Sanford, Florida,
desires to encourage the development of affordable housing within
the City of Sanford to meet the housing needs of homeless families
who are residing at the Sanford Rescue Outreach Mission, very low
'income, low income, and moderate income families and individuals;
and,
WHEREAS, an affordable housing extended payment alternative
for City Impact Fees will allow more very low income, low income,
and moderate income families and individuals to qualify for the
purchase of a home within the City of Sanford.
WHEREAS, an affordable housing extended payment alternative
for City Impact Fees for Sanford Rescue Outreach Mission will allow
the Sanford Rescue Outreach Mission to reach and serve more of the
needs of the City's homeless by providing affordable housing
through the construction of shelters for the City's homeless women
and children.
WHEREAS, providing available housing for the homeless families
of the City of Sanford through this new shelter for homeless women
and children at Sanford Rescue Outreach Mission serves a valid
public purpose as it provides for the health, safety, and welfare
of the homeless families of the City of Sanford.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: That Chapter 18~, Article IV, of the City Code is
hereby created to read as follows:
Article IV. Affordable Housinq Extended Payment
Alternative For City Impact Fees.
A. Subject to an availability of funds, the City may
enter into agreements to extend payment of City Impact
Fees over a period not to exceed ten (10) years with
qualified affordable housing buyers of residential
property located within the City of Sanford. Subject to
an availability of funds, the City may enter into an
agreement to extend payment of City Impact Fees over a
period not to exceed ten (10) years with Sanford Rescue
Outreach Mission so as to enable affordable housing for
the City's homeless through the construction of a new
shelter for homeless women and children. Prior to the
City entering into any agreements to extend payment of
City Impact Fees and from time to time thereafter, the
City Commission shall identify a specific source of funds
to be used relative to providing initial payment of the
City Impact Fee by the City, the costs of such funds,
including all expenses or costs incidental to obtaining
or providing same, the interest rate that the City will
employ in offering extended payment with interest and a
reasonable estimation or description of the
administrative costs or expenses associated with
administering the extended payment alternative.
B. Any developer of residential property seeking to
participate in the Affordable Housing Extended Payment
Alternative for City Impact Fees shall file with the City
Manager an application for participation in the
Affordable Housing Extended Payment Alternative. The
application for participation in the Affordable Housing
Extended Payment Alternative shall contain, but not be
limited to, the following:
1. The name and address of the developer;
2. The legal description of the residential
development;
3. A description of the size, number and type of homes
in the residential development; and
4. The proposed selling price of the homes in the
residential development.
The developer's application shall be submitted to the
City Commission for formal approval of the residential
development's participation in the extended payment
alternative prior to any buyer participation in the
Affordable Housing Extended Payment Alternative.
C. Once a residential development has been approved for
participation in the Affordable Housing Extended Payment
Alternative, any buyer seeking to participate in the
Affordable Housing Extended Payment Alternative shall
file with the City Manager an application for extended
payment of City Impact Fees for the proposed purchase of
a residence in the approved development. The application
for the Affordable Housing Extended Payment Alternative
shall contain, but not be limited to, the following:
1. The name and address of the buyer;
2. The legal description of the property upon which
the residential development is located;
3. The proposed selling price of the residential
Ordinance No. 3257
development.
4. Documentation that the total income of the family
unit does not exceed 80% of the median income of
the Orlando SMSA.
5. A copy of all loan applications prepared by or on
behalf of the buyer for purchase of the residence.
D. The following requirements shall be met for a buyer
to qualify for participation in the Extended Payment
Alternative:
1. The buyer shall reside within the City limits of
the City of Sanford at the time of making the
application; and
2. The total income of the buyer's family unit shall
not exceed 80% of the median income of the Orlando
SMSA.
E. If the buyer meets the requirements for the
Affordable Housing Extended Payment Alternative and
specific funds are available for payment of the City
Impact Fees by the City, then the City may enter into an
agreement to extend payment of the City Impact Fees with
the qualified buyer. Said agreement shall be binding on
the qualified buyer, and any and all subsequent owners,
purchasers, successors in interest, and assigns.
F. The designated representative of the Sanford Rescue
Outreach Mission seeking to participate in the Affordable
Housing Extended Payment Alternative for City Impact Fees
relating to construction of a new shelter for homeless
women and children shall file with the City Manager an
application for participation in the Affordable Housing
Extended Payment Alternative. The application for
participation in the Affordable Housing Extended Payment
Alternative shall contain, but not be limited to, the
following:
1. Name of designated Sanford Rescue 0utreach MiSsion
representative.
2. Legal description of the property upon which the
Sanford Rescue Outreach Mission is located.
3. A description of the new housing facility (new
shelter for homeless women and children), and the
maximum number of families that may be housed at
said facility.
4. A copy of all grants, including but not limited to,
Hud (CDBG) County administered grants.
5. Any available documentation evidencing the goods,
services, land, and equipment donated for the new
shelter project.
6. Copies of all loan data for new shelter project.
7. Any other documentation of Sanford Rescue Outreach
Mission relating to any monies provided for new
shelter project.
No family shall be afforded the opportunity for family
housing at Sanford Rescue Outreach Mission unless they
fulfill all the requirements as set forth by the Sanford
Rescue Outreach Mission.
G. With the exception of the City Commission's formal
approval of the residential development or Sanford Rescue
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Ordinance No. 3257
Outreach Mission for participation in the Extended
Payment Alternative, the City Commission hereby delegates
to the City Manager the power and authority to enter into
Extended Payment Agreements with qualified buyers or
Sanford Rescue Outreach Mission in conformance with the
provisions of this Ordinance. The agreement, and any
other associated documentation, shall be in a form
approved by the City Commission and acceptable to the
City Attorney and the agreement shall be recorded in the
Official records of Seminole County. Simultaneously, the
City shall place a lien on the real property to secure
payment of the City Impact Fees and any expenses
associated with providing the Extended Payment
Alternative to the qualified buyer or Sanford Rescue
Outreach Mission.
H. The obligation for extended payment of City Impact
Fees and the benefits derived therefrom shall run with
the land.
I. After the City, the buyer or Sanford Rescue Outreach
Mission, have entered into an agreement to extend payment
of City Impact Fees, the City shall pay into each
appropriate City Impact Fee trust account the amount due
by the buyer or Sanford Rescue Outreach Mission, for each
City Impact Fee.
J. The amount of the City Impact Fee payment made by
the City, including any title verification expenses,
recording fees, and a reasonable estimation of the cost
and expense associated with providing the extended
payment alternative, shall be paid to the City of Sanford
by the buyer or Sanford Rescue Outreach Mission, in equal
monthly payments with an annual interest rate as
determined and promulgated by the City. The interest
rate charged shall be representative of the City's cost
of funds, including all expenses or costs incidental to
obtaining or providing same, if any.
The monthly payment discussed in Subsection J above,
shall be delinquent if, within thirty (30) calendar days
from the effective due date of the monthly payment, the
monthly payment has not been paid and received by the
City.
All time periods contained within this Ordinance shall be
calculated on a calendar day basis, including Sunday and
legal holiday. In the event the due date for the monthly
payment fails on a Sunday or legal holiday, the last due
date prior to becoming delinquent shall be the next
business day. Upon becoming delinquent, the monthly
payments shall bear interest at the statutory rate for
final judgments calculated on a calendar day basis, until
paid.
K. Should the monthly payments become delinquent as set
forth above, the City shall serve, by certified mail
return receipt requested, a notice of delinquency upon
the qualified buyer or Sanford Rescue Outreach Mission,
at the address appearing on the most recent records
maintained by the Property Appraiser of the County. The
notice of delinquency shall serve to notify the buyer or
Sanford Rescue Outreach Mission, that failure to pay the
monthly payment will cause the City to foreclose on its
lien in the Circuit Court of Seminole County.
L. Upon mailing of the notice of delinquency, without
further direction of the City Commission, City staff
shall proceed to expeditiously collect or otherwise
enforce said lien pursuant to the provision of this
ordinance.
Ordinance No. 3257
M. The City Clerk shall file a Notice of Satisfaction
of Claim of Lien with the Clerk of the Circuit Court for
recording in the Official Records upon receipt of full
payment of all delinquent monthly payments, interest due,
and any recording expenses. Said Notice of Satisfaction
of Claim of Lien shall reflect the appropriate
information shown on the previously recorded lien,
N. All liens imposed hereto shall be superior and
paramount to the interest on such parcel or property of
any mortgage or buyer, lessee, tenant, or other person
except the lien of federal taxes and shall be on a parity
with the lien of any City taxes until paid as provided
herein.
Oo Upon re-sale or change in ownership of the property
of the buyer or Sanford Rescue Outreach Mission at any
time before the full amount of the money due the City has
been paid, the full amount of the money due the City
shall become due and payable. The new buyer may apply
for participation in the Extended Payment Alternative and
if the new buyer meets all the qualifications of
Subsection D, herein, the benefit of the prior Extended
Payment Agreement may pass through entirely and on the
same terms to the new buyer.
Section 2: Codification. That this Ordinance shall be
codified and made a part of the City Code of Ordinances.
Section 3: Severability. If any section or portion of a
section of this ordinance proves to be invalid, unlawful or
unconstitutional it shall not be held to impair the validity, force
or effect of any other section or part of a section of this
ordinance,
Section 4: Conflicts. That all ordinances or parts of
ordinances in conflict herewith be and the same are hereby revoked.
Section 5: Effective Date. Shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this ??nd day of MSy , A.D.
1995.
~j~-_ .~~the
City of Sanford, Florida
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Ordinance No. 3257
CERTIFICATE
I, Ja~%e~-- ~--'~E ~-IA, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 3257, PASSED AND ADOPTED by the City
Commission of the City of Sanford, Florida, on the22nd day of May,
1995, was posted at the front door of the City Hall in the City of
Sanford, Florida, On the 24th day of May, 1995.
' As the ~~~ City
DeDut~~2ity Clerk of the
of Sanford, Florida
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Ordinance No. 3257