HomeMy WebLinkAbout2966 Establishing Affordable Housing Trt Fund
ORDINANCE NO. ~
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
ADDING A NEW CHAPTER 4.36, PROVIDING FOR THE ESTABLISHMENT OF AN
AFFORDABLE HOUSING TRUST FUND
Annotated to show delotions and additions to the code sections being modified.
Deletions are . and additions are in bold.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton ShOD 20 Or.
App. 293,531 P 2d 730, 734 (1975); and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect the health, safety and welfare of existing and future residents of Ashland who
are adversely impacted by the lack of housing available to all income types, specifically
very low, low, and moderate income households, it is necessary to establish a fund to
support the development, preservation, and rehabilitation, of needed housing types
within the City; and
WHEREAS the City of Ashland City Council recognizes that for a healthy community
the provision of a range of affordable housing opportunities and funding mechanisms for
affordable development is a top priority for the City of Ashland; and
WHEREAS, the City Council of the City of Ashland has determined that neither the
private market, nor the public sector, has yet provided the levels of housing affordability
necessary to maintain a balanced community, local government must take an active
lead to ensure an adequate supply of housing for residents and working people of all
income levels;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 4.36 [AFFORDABLE HOUSING TRUST FUND] is hereby
added to the Ashland Municipal Code to read as follows:
Chapter 4.36 AFFORDABLE HOUSING TRUST FUND
Section 4.36.010 Purpose
Section 4.36.020 Definitions
Section 4.36.030 Dedication of Revenue
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Section 4.36.040 Establishment of Policies and Procedures
4.36.010 Purpose
A. The purpose of the Affordable HousinQ Trust Fund rAHTFl is to support the
creation or preservation of housinQ that is affordable to people with incomes that
do not exceed 1200/0 of the area median income. as defined by the Department of
HousinQ and Urban Development for the Medford-Ashland Metropolitan Service
Area.
B. AHTF funds will support activities that create. preserve or aCQuire housina
within the Ashland Urban Growth Boundarv. AHTF funds may also be used for
permanent or transitional housina for homeless families and individuals. and for
the modernization. rehabilitation and repair of public housina.
C. The AHTF is not intended to be the sole source of fundinQ for affordable
housina and any activity or proiect eliaible for support from the AHTF is expected
to develop additional sources of funds.
4.36.20 Definitions.
The followinQ words and phrases whenever used in this chapter shall be
construed as defined in this section unless from the context a different meanina
is intended.
A. Affordable Housina Trust Fund (AHTF) means a separate account
created by the City Finance Department established by this ordinance and
used exclusively for AHTF purposes as set forth in this Ordinance and
implementina Resolutions of the Council.
B. Administrative Procedures mean the procedures for administration of
the AHTF established by Resolution of the City Council. includina but not
limited to procedures which outline application. evaluation. and all other
associated procedures for administration of the AHTF.
C. Affordable Housina means residential housina primarily for households
or persons earninQ less than 120% the area median income where housina
costs includinQ principal. interest. taxes. insurance. and homeowners
association dues. or rent. do not constitute more than 300/0 the household
income. and as more fullY defined per Council Resolution 2006-13.
D. Eliaible uses and Activities mean those uses for the AHTF which are
set forth an implementina Resolution of the City Council. such uses
includinQ but not limited to uses and activities which facilitate the
production and preservation of affordable housina within Ashland's Urban
Growth Boundarv.
E. Affordable Housina Priorities means priorities, established from time to
time by the City Council by Motion. Order or Resolution. to auide the
allocation of funds from the AHTF.
4.36.030 E~~7ZhmD:J:;::lt~~Y6~e:;~~f1d i Use of Pu"M
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A. There is hereby established and created an Affordable HousinQ Trust Fund.
rAHTFl. a separate account established by the City of Ashland Finance
Department for purposes consistent with this ordinance and to provide a discrete
account for earmarked affordable housinQ funds and dedicated affordable
housina funds.
B. The AHTF allows for dedicated funds to be used in support of Affordable
Housina Priorities throuah receipt of donations and dedicated revenue streams.
includinQ but not limited to donations. arants. sale of surplus City Property. or
any other revenue sources approved by the Ashland City Council or the People of
Ashland.
C. Distribution of funds hall be in accordance with the olicies and rocedures
er Resolution 2008-
4.36.040 Establishment of Policies and Procedures
The Administrative Procedures associated with the AHTF. includina fund
administration. determination of eliaible applicants. eliaible uses and activities.
award I)references, eligibility criteria, award process. and selection criteria areLt
initiall~ approved b~ the Citv Council eer establishment of Resolution 2008-~ I
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-I ette red ,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-
3) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors..
The foregoing ordinance was first read by title only in accordance with Article X,
Section (C) of the City Charter on the ---"--- day of ~~ . 2008,
and d y PASSED and ADOPTED this . 7- day of , 2008.
&~
Barbara M. Christensen, City Recorder
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