078 of 2000 - enacting chapter 2.80 relating to the Housing Trust Fund Advisory Board 0 00-1
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SALT LAKE CITY ORDINANCE
No. 78 of 2000
(Housing Trust Fund Advisory Board)
AN ORDINANCE ENACTING CHAPTER 2.80,SALT LAKE CITY CODE, RELATING
TO THE HOUSING TRUST FUND AND THE HOUSING TRUST FUND ADVISORY
BOARD.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 2.80,Salt Lake City Code,pertaining to the housing trust fund
and the housing trust fund advisory board be, and the same hereby is, enacted to read as follows:
Chapter 2.80
Housing Trust Fund Advisory Board
2.80.010 Purpose:
The Mayor and the Salt Lake City Council, hereinafter "Council," declare it to be a policy
of the City to address the health, safety and welfare of its citizens by providing assistance for
affordable and special needs housing within the City. The purpose of this ordinance is to create
the Salt Lake City Housing Trust Fund and the Salt Lake City Housing Trust Fund Advisory
Board to address these concerns for affordable and special needs housing in the City.
2.80.020 Definitions:
For the purpose of this Chapter the following terms,phrases, words, and their derivations
shall have the meanings given in this Section:
A. "Affordable housing"means: (1)rental housing for which the annualized rent
does not exceed thirty (30)percent of the annual income of a family whose income equals sixty
(60) percent or less of the median income for Salt Lake City, as determined by the United States
Department of Housing and Urban Development; or(2) non-rental housing for which the
annualized mortgage payment does not exceed thirty(30) percent of the annual income of a
family whose income equals eighty (80) percent or less of the median income for Salt Lake City,
as determined by the United States Department of Housing and Urban Development.
B. "Board" means the Salt Lake City Housing Trust Fund Advisory Board created
under this Chapter.
C. "CDBG" means federal Community Development Block Grant.
D. "City" means and refers to Salt Lake City, a municipal corporation of the State of
Utah.
E. "Council" means the Salt Lake City Council.
F. "Director" means the person appointed by the Mayor to serve as the Director of
the Department of Community and Economic Development, or its successor department.
G. "ESG" means federal Emergency Shelter Grant.
H. "Fund" means the Salt Lake City Housing Trust Fund created by this section.
I. "HAND"means the Division of Housing and Neighborhood Development, or its
successor.
J. "HOME"means federal HOME grant.
K. "HOPWA" means federal Housing Opportunities for People with AIDS grant.
L. "Housing sponsor" includes, but is not limited to, an entity which constructs,
develops, rehabilitates, purchases, owns, or manages a housing project or program that is or will
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be subject to legally enforceable restrictions and covenants that require that the housing
assistance be provided to qualifying individuals as defined in this ordinance. A housing sponsor
includes:
a) a public entity;
b) a nonprofit, limited profit, or for profit corporation;
c) a limited partnership;
d) a limited liability company;
e) a joint venture;
f) a cooperative;
g) a mutual housing or co-housing organization;
h) a municipal government;
i) a local housing authority;
j) a regional or statewide nonprofit housing or assistance organization.
M. "Mayor" means the duly elected or appointed, and qualified Mayor of Salt Lake
City.
N. "Member" means a person appointed by the Mayor who is a duly qualified voting
member of the Board.
O. "Special needs housing" includes, but is not limited to, supportive housing for
people who fit one or more of the following categories: homeless, elderly, mentally and/or
physically disabled, domestic violence survivors, and the chronically ill."
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2.80.030 Fund Created:
There is created a restricted account within the general fund, to be designated as the "Salt
Lake City Housing Trust Fund" (the "Fund"). The Fund shall be accounted for separately
within the general fund, and the Fund shall be used exclusively to assist with affordable and
special needs housing in the City. No expenditures shall be made from the Fund without
approval of the City Council.
A. There shall be deposited into the Fund all moneys received by the City, regardless of
source, which are dedicated to affordable housing and special needs housing including, but not
limited to, the following:
1. grants, loan re-payments, bonuses, entitlements, mitigation fees, forfeitures,
donations, redevelopment tax increment income, and all other moneys dedicated to affordable
and special needs housing received by the City from federal, state, or local governments;
2. real property contributed to or acquired by the City under other ordinances for
the purposes of preserving, developing, or restoring affordable housing;
3. moneys appropriated to the Fund by the Council; and
4. contributions made specifically for this purpose from other public or private
sources.
5. CDBG, ESG, and HOPWA moneys only as designated by the City's
Community Development Advisory Board and approved by the Mayor and City Council, and
HOME moneys only as designated by the City's Housing Advisory and Appeals Board and
approved by the Mayor and City Council.
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B. The moneys in the Fund shall be invested by the City Treasurer in accordance with the
usual procedures for such special accounts. All interest or other earnings derived from Fund
moneys shall be deposited in the Fund.
2.80.040 Board Created:
There is created the Salt Lake City Housing Trust Fund Advisory Board (the "Board"),
which body shall consist of eleven(11) appointed members, at least one of whom has a
household income which qualifies such person for affordable housing benefits or programs.
Membership shall consist of residents of the City as follows:
A. seven citizens, one from each City Council District, with expertise or experience
in affordable and/or special needs housing, which may include a full range of such expertise
and/or experience from citizens who are considering purchasing their first home to citizens
who have a strong background in affordable housing;
B. four citizens at large who have experience or expertise in areas of business, real
estate, or housing development generally.
The Board may also consult with persons who have experience or expertise in areas such
as finance, real estate, affordable housing development, and law as well as with representatives
from other City Boards and Commissions in order to solicit advice on specific projects.
2.80.050 Appointment of Members—Oath of Office:
A. All appointments of members of the Board shall be made by the Mayor with the
advice and consent of the City Council. In making initial appointments, the Mayor shall, with the
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advice and consent of the Council, designate four (4) members to serve one (1) year, four (4)
members to serve two (2) years and three (3) members to serve three (3) years. Any fraction of a
year in the initial appointment shall be considered a full year. Thereafter, all appointments shall
be made for a three (3) year term. Each member's term of office shall expire on the applicable
last Monday in December. Members shall be limited to no more than two (2) consecutive terms
each. Each person shall perform service on a voluntary basis without compensation and on such
basis shall be immune from liability with respect to any recommendation or action taken during
the course of those services as provided by Utah Code Annotated section 63-30-1 et seq., as
amended, or successor sections. Vacancies occurring in the membership of the Board shall be
filled by appointment by the Mayor with the advice and consent of the City Council for the
unexpired term.
B. Members shall sign the oath of office required by law to be signed by City
officials and file the same in the office of the City Recorder. Every member who shall fail
within ten (10) days after notification of his or her appointment to file with the City Recorder
his or her oath of office to perform faithfully, honestly and impartially the duties of the office,
shall be deemed to have refused such appointment, and thereupon another person shall be
appointed in the manner prescribed in this Chapter.
2.80.060 Removal from Office:
Any member may be removed from office by the Mayor for cause, prior to the normal
expiration of the term for which such member was appointed. Any member failing to attend
three (3) Board meetings in one calendar year shall forfeit membership of the Board.
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2.80.070 Members' Ethics:
Members shall be subject to and bound by the provisions of the City's Conflict of Interest
Ordinance, Chapter 2.44 of this Title, or its successor. Any violations of the provisions of said
Chapter, or its successor, shall be grounds for removal from office. Members shall recuse
themselves from voting on any decision to which they are a party or which vote may constitute
a violation of the City's Conflict of Interest Ordinance.
2.80.080 Meetings:
A. The Board shall convene for regular meetings to be held at least ten (10) times
each year. To the extent that meetings of the Board are governed by title 52, chapter 4, Utah
Code Annotated, 1953, as amended, or its successor, said meetings shall be conducted in
compliance with said State law. Meetings shall be held at the City and County building, or at
such other public place as may be designated by the Board. Six (6) members of the Board shall
constitute a quorum for the purpose of holding meetings. The Board may act officially by an
affirmative vote of a majority of members present. At least four (4)meetings held each year
shall include making recommendations regarding allocation or distribution of assets from the
Fund.
B. Special meetings may be called by a majority of the Board, the chairperson, or the
Mayor. The call for a special meeting must be signed by the member calling such meeting and,
unless waived in writing, each member not joining in the order for such special meeting must be
given not less than three (3) hours' notice. Said notice shall be served personally or left at the
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member's residence or business office. Meetings shall be held at such public place as may be
designated by the Board.
C. The Board shall cause a written record of its proceedings to be kept which shall be
available for public inspection in the office of the Director. The Board shall record the yea and
nay votes of any action taken by it. The Director shall make available a secretary to the Board
when required.
D. The Board shall adopt a system of rules of procedure under which its meetings are
to be held. The Board may suspend the rules and procedures by unanimous vote of the members
of the Board who are present at the meeting. The Board shall not suspend the rules of procedure
beyond the duration of the meeting at which suspension of the rules occurs.
2.80.090 Election of Officers:
Each year the Board, at its first regular meeting after the last Monday in December, shall
select one of its members as chairperson and another of its members as vice chairperson,who
shall perform the duties of the chairperson during the absence or disability of the chairperson.
No member shall serve more than two (2) consecutive terms as chairperson.
2.80.100 Review of Action—Powers of Mayor:
All actions taken by the Board shall constitute recommendations to the Director, the
Mayor, and the City Council. The Director and the Mayor shall have the power to review,
ratify, modify or disregard any recommendation submitted by the Board, and the Mayor may
refer the matter to the City Council, if appropriate.
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2.80.110 Committees:
The Board may, by vote, designate such committee or committees as it desires to study,
consider and make recommendations on matters which are presented to the Board. In the event
the Board desires non-Board members to serve on such a committee, the Board may make such
appointments, but shall include at least one Board member on such committee. Non-Board
members of such committees shall serve without compensation.
2.80.120 Powers and Duties:
The Board shall have the following powers and duties:
A. Determine and establish such rules and regulations for the conduct of the Board as
the members shall deem advisable; provided, however, that such rules and regulations shall not
be in conflict with this chapter or its successor, or other City, State or Federal law;
B. Recommend the adoption and alteration of all rules, regulations and ordinances
which it shall, from time to time, deem in the public interest and for the purposes of carrying out
the objects of this chapter; provided, however, that such rules and regulations shall not be in
conflict with this chapter or its successor, or other City, State or Federal law;
C. Consult with experts in areas such as finance, real estate, and affordable housing
development to obtain advice on specific projects.
D. Advise and make recommendations to the City administration and the City
Council on affordable housing and special needs housing issues which may include, but not be
limited to:
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1. the means to implement the policies and goals of this chapter and the City's
Community Housing Plan and policies;
2. criteria by which loans and grants should be made, using the City's
Consolidated Plan as a guide to determine housing gaps;
3. the order in which projects and programs should be funded;
4. the distribution of any moneys or assets contained in the Fund according to the
procedures, conditions, and restrictions placed upon the use of those moneys or assets by
any government entity;
5. the distribution of all other moneys from the Fund according to the following
guidelines:
a) sufficient Fund moneys shall be distributed as loans to assure a
reasonable stream of income to the Fund from loan repayments. These may range from short
term construction loans to long term acquisition loans.
b) loans shall be recommended in accordance with the borrower's ability
to pay, but no more than 50% of the per unit costs shall be recommended;
c) Fund moneys and assets not distributed as loans shall be distributed
as grants;
d) all Fund moneys and assets shall be distributed to benefit households
earning 100% or less of the area median income;
e) not less than one-half of all Fund moneys and assets shall be
distributed to benefit households earning 50% or less of the area median income;
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f) The Board may recommend that the Mayor, with the consent of the
Council, grant or lend Fund moneys or assets to housing sponsors. Housing sponsors must
assure long term housing for the target population and provide evidence of continued
affordability of the assisted housing throughout the remaining life of the housing unit (a
minimum of 55 years), as long as a good faith effort is made to maintain and rehabilitate it as
necessary.
g) Fund moneys and assets may be recommended by the Board to be used
to obtain matching funds from government entities or other sources, consistent with the intent of
this chapter.
E. The Board may recommend Fund moneys or assets be provided to any
of the following activities:
1. acquisition, leasing, rehabilitation, or new construction of housing
units for ownership or rental, including transitional housing;
2. emergency home repairs;
3. retrofitting to provide access for persons with disabilities;
4. down payment and closing cost assistance;
5. construction and gap financing;
6. land acquisition for purposes consistent with the purposes of this
chapter;
7. technical assistance;
8. other activities and expenses incurred that directly assist in providing the
housing for eligible households in the city, consistent with the intent of this chapter.
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F. Fund moneys shall not be used for administrative expenses.
G. The Board shall develop an application process to be recommended to
the Mayor and Council for approval. Said process may be reviewed from time to time by the
Council.
H. The Board and HAND shall review and monitor the activities of recipients of grants
and loans issued under this chapter on an annual basis, or more often as may be deemed
necessary, to ensure compliance with the terms and conditions imposed on the recipient by the
Mayor and the Council under this chapter and under any and all instruments and documents
entered into between the City and the recipient pursuant to this chapter.
1. Entities receiving grants or loans shall provide to the Board and HAND an annual
accounting of how the moneys or assets received from the Fund have been used.
2. An annual report shall be prepared by the Board and HAND which shall contain
information concerning the implementation of this ordinance. The report shall include, but is not
limited to, information regarding the location and numbers of units developed or preserved,the
numbers and incomes of households served, and detailing the income to and assets in the Fund,
and the expenditures and uses of Fund moneys and assets.
3. The annual report shall include the Board's and HAND's assessment of housing
needs in the City, barriers to affordable and special needs housing development and reservation,
and barriers to the implementation of this ordinance.
4. The annual report shall be submitted to the Mayor and the Council for review by
March 31 of each calendar year.
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5. Appropriations by the Council to the Fund shall be considered as part of the annual
budget process.
I. Serve as a coordination body and resource for organizations interested in affordable
and special needs housing issues affecting the City including, but not limited to, the Housing
Authority of Salt Lake City, the Salt Lake City Redevelopment Agency, the Housing and
Neighborhood Development Division, and other city departments as appropriate, as well as
nonprofit and for-profit housing developers.
SECTION 2. This ordinance shall take effect immediately upon the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah this 21st day of November
2000.
oitzaott,uoke..,_
CHAIRPERS
ATTEST: APPROVED AS TO FORM
Salt Lake C y A orneys office
Date //
Sy-
CHIEF DEP TY CITY CORDER
Transmitted to Mayor on November 21, 2000 •
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Mayor's Action: Approved. Vetoed.
MA OR
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CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. 78 of 2000.
Published: 11-30-00 Wt.:
(;\Ordina00\Housing Trust Advisory Uoerd clean I I-I 5-00 doc
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