CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to housing for low-income households; adopting the Housing Levy Administrative and Financial Plan for program years 2017-2018; adopting Housing Funding Policies for the 2016 Housing Levy and other fund sources; authorizing actions by the Housing Director regarding past and future housing loans and contracts; and ratifying and confirming certain prior acts.
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WHEREAS, pursuant to Ordinance 125028, in 2016 the voters of the City of Seattle approved the levy of property taxes for the purpose of financing and supporting housing for low-income households; and
WHEREAS, Ordinance 125028 provides for periodic adoption by the City Council of an Administrative and Financial Plan for programs funded by the 2016 Housing Levy; and
WHEREAS, the City Council adopted Resolution 31606 endorsing the goals of the Committee to End Homelessness in King County Strategic Plan July 2015 - July 2019 and stating the intent to focus investment of new resources on effective prevention and housing services to better align City spending with the federal Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 and evidence-based practices; and
WHEREAS, since the adoption of the 2016 Housing Levy by the voters, the Pathways Home Initiative has been developed to guide the City’s investments in homeless services and housing; and
WHEREAS, the goals, principles, and programs included in the Pathways Home Initiative reflect national best practices and therefore should guide expenditure of Housing Levy funds targeted to assist those who are homeless or at risk of homelessness; and
WHEREAS Ordinance 125217, passed on November 28, 2016, adopted policies for the Housing Levy Homelessness Prevention and Housing Stability Program which are consistent with the Pathways Home Initiative and allowed funding under this program to begin in January 2017; and
WHEREAS, the Office of Housing has determined that policies for Housing Levy funding and for other fund sources administered by the Office of Housing that support housing for low income households should be combined in a Housing Funding Policies document to improve accessibility and clarity; and
WHEREAS, the Office of Housing, with the Housing Levy Oversight Committee, has developed policies for Housing Levy programs for 2017-2018, and has developed additional funding policies for housing based in part on requirements of other federal, state, and local fund sources administered by the Office of Housing; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The City Council hereby adopts the 2016 Seattle Housing Levy Administrative and Financial Plan for program years 2017-2018 attached to this ordinance as Exhibit A (the “A & F Plan”). The A & F Plan incorporates Housing Levy Homelessness Prevention and Housing Stability Services Program policies previously adopted in Ordinance 125217. The A & F Plan also incorporates the Housing Funding Policies attached to this ordinance as Exhibit B (“Funding Policies”), except those policies that specifically apply only to fund sources other than the 2016 Housing Levy and except as otherwise stated in the A &F Plan or Funding Policies. The terms of the A & F Plan and Funding Policies for the Rental Production and Preservation, Operating and Maintenance, and Homeownership programs involve some changes to the summary descriptions anticipated programs in Exhibit 1 to Ordinance 125028, all consistent with the purposes of that ordinance, which changes are adopted pursuant to subsection 5.D of Ordinance 125028. As provided in the A & F Plan and Funding Policies, 2016 Housing Levy programs targeted to assist those who are homeless or at risk of homelessness (Homelessness Prevention and Housing Stability Services, Rental Production and Preservation, and Operating and Maintenance) shall be implemented consistent with the Pathways Home Initiative dated September 27, 2016 and attached to this ordinance as Exhibit C.
Section 2. The City Council hereby adopts the Funding Policies attached to this ordinance as Exhibit B. The Funding Policies supersede the Housing Funding Policies adopted by Ordinance 123994 (“2013 Policies”) except as provided in Section 4 of this ordinance. The Funding Policies authorize certain actions and approvals by the Housing Director regarding loans and contracts made under the Funding Policies and those made under prior plans, policies and ordinances. That authority is granted in addition to, and not in limitation of, any authority under prior plans, policies and ordinances.
Section 3. The A & F Plan and Funding Policies are intended to provide policy direction for the implementation of programs funded by the 2016 Housing Levy, and for the use of other housing funds to the extent provided in Exhibit B, and to provide authority for the Office of Housing and the Department of Housing and Human Services, but not to confer any legal rights or entitlements on any persons, groups or entities.
Section 4. The A & F Plan and Funding Policies are effective as of January 1, 2017, and shall remain in effect until amended or superseded by ordinance, except as provided in this section. Any actions on or after January 1, 2017 conforming to the A & F Plan and Funding Policies, as applicable, are ratified and confirmed. The terms of the A & F Plan and Funding Policies shall not require changes to the terms, or to the implementation, of any contract in effect prior to the effective date of this ordinance. The Director of Housing may implement funding awards made prior to January 1, 2017 in a manner consistent with policies in effect when the related notice of funding availability was issued or the application was submitted, whether or not there is a binding agreement prior to the effective date of this ordinance, anything in the A & F Plan or Funding Policies notwithstanding. However, with the agreement of the borrower or applicant the Director of Housing may apply provisions of the A & F Plan, or Funding Policies, that are not specific to the 2016 Housing Levy, to agreements implementing such previous funding awards, and any provisions of any agreement or amendment conforming to those provisions are ratified and confirmed.
Section 5. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance or any exhibit to this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of any other provisions of this ordinance or its exhibits, or the validity of their application to other persons or circumstances.
Section 6. Subject to Section 4 above, this ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ________ day of _________________________, 2017, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2017.
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President ____________ of the City Council
Approved by me this ________ day of _________________________, 2017.
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Edward B. Murray, Mayor
Filed by me this ________ day of _________________________, 2017.
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Monica Martinez Simmons, City Clerk
(Seal)
Exhibits:
Exhibit A - Seattle Housing Levy Administrative & Financial Plan Program Years 2017-2018 and Housing Funding Policies
Exhibit B - Housing Funding Policies
Exhibit C - Pathways Home Initiative - September 27, 2016