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HomeMy WebLinkAbout2012 - City of Bellingham Prop 1 Low-Income Housing LevyLIEVYOO ►hrtJorify l/ d N I 'ASSEb 5b,5479e Ballot Measure Submitted Checklist == Attach to front of folder Proposition No. I City of Bham Low -Income Housing Levy ack, Ballot Measure Submitted: Date Initial Notes 112, 2, Y- Submitted by: I __ j o Oct or Contact Phone #: 3io0-�li-$crxFIf submitted b mail Email Address:-, obtains this info Checks signed by Commissioners orig signatures or certified copy Date Stamps Submittal, Makes copy for filer If Document Calling for an election is included in the submittal, have Auditor or Deputy Auditor sign �� Fills out receipt & gives original to the filer; if submitted by mail returns original to submitter. Makes a copy for the Auditor File With another staff member, confirms everything complete Creates folder (See Steps 6-9 in PROC) Election Clerk prepares letter to the Pros Atty with copy of measure and recei (county & districts only); gives folder to CDA for review. Gives copies of proposed measure to Auditor & Election Supervisor CDA routes folder to Auditor after review Auditor signs letter and hand delivers packet to the Prosecuting Attorney Date stamps returned letter of approval from Pros Atty Reviewed by Auditor; as ' number "--J l Imo submitter after Ballot approval using receipt capability i to it; mails copies to any other re uestors. Completes Certificate of MailingUTQ "EAt Set -Up in EIMS Ballot Layout Created / Completed After Election Copy of Canvass Report sent to submitter of ballot issue Obtain Receipt from Treasurer & Assessor of results If school issue, send copy of canvass report to Supt of Public Instruction (form SPI M-466) ..-wil kiyiill or-1 IVI-'+VU On Ballot Measure Submitted Checklist == Attach to front of folder Ballot Measure Submitted: Date Initial Notes Submitted by: V,�VUr Contact Phone #: If submitted b mail Email Address: f� obtains this info 2 2 Checks sig ed Commissioners `r � /Le- -+ 2 I P,1L Date Stamps Submittal, Makes copy for filer �. 1�Iv lam— If Document Calling for an election is included in the submittal, have Auditor or Deputy Auditor sign Z�- Fills out receipt & gives original to the filer; if submitted by mail returns original to submitter. Makes a copy for the Auditor File. 12 I� With another staff member, confirms everything complete (Z tZ Creates folder (See Steps 6-9 in PROC) Election Clerk prepares letter to the Pros Atty with copy of measure and receipt (county & districts only); gives folder to CDA for review. f2 l2 I` Gives copies of proposed measure to Auditor & Election Supervisor CDA routes folder to Auditor after review ,� / `v l� Auditor signs letter and hand delivers packet to the Prosecuting Attorney Ali Date stamps returned letter of approval from Pros Atty Reviewed by Auditor; assigns number Letter sent (certified mail) to submitter after Ballot approval; mails. copies to any other re uestors. Completes Certificate of Mailing Set -Up in EIMS Ballot Layout Created / Completed After Election Copy of Canvass Report sent to submitter of ballot issue Obtain Receipt from Treasurer & Assessor of results If school issue, send copy of canvass report to Supt of Public Instruction (form SPI M-466) a O 0 0. m N 90 O m Q fD O 'm CD 0 O w 'o N TI 7 0 61 CD O .- i A Q N Q J h 0 0 0 CD CD ti O Q CD Q 0 o_ CD (D N a CL z CD Q X O O N w CD n CD fi w N 3 Whatcom County G�4,�� �R�°"' Auditor's Office .J Whatcom County Courthouse 311 Grand Avenue, Suite 103 V'°�►�iK�K��` Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor Hand -Delivered to John R. Carter, Finance Director, on July 6, 2012 July 6, 2012 John R. Carter, Finance Director City of Bellingham 210 Lottie Street Bellingham, Washington 98225 RE: Ballot Title: City of Bellingham Proposition No. 1 Low-income Housing Levy Dear Mr. Carter: Debbie Adelstein County Auditor CITY OF BELLINGHAM JUL - 6 2012 F DtPl1�Tj�1� The following is a true copy of the approved ballot title and headings as it will appear on the ballot for the November 6, 2012 General Election: City of Bellingham Proposition No. 1 Low -Income Housing Levy The City of Bellingham Council adopted Ordinance No. 2012-06-033 concerning property taxes for low-income housing assistance. This proposition would fund housing and housing services for people with low or very low incomes, including those with disabilities, veterans, seniors, and families with children by (a) authorizing an increase in the City's regular property tax levy by up to $0.12/$1,000 to $2.62/$1,000 of assessed value as allowed by RCW 84.55; and (b) authorizing a regular property tax levy of up to $0.24/$1,000 of assessed value under RCW 84.52.105, each for seven years, generating approximately $3,000,000 annually. Should this proposition be approved? YES? .......... NO? .......... This notice of the exact language of the ballot title is being provided pursuant to RCW 29A.36.080. Sincer ly, Debbie Adelstein Whatcom County Auditor Licensing Recording Elections Administrationlinternal Audit Licensing@co.whatcomma.us Recording@co.whatcomma.us Elections@comhatcornma.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 ��air4 cfl Official Canvass of the General and Special Election for The City of Bellingham Whatcom County, Washington �s►nG�° Held Tuesday, November 6, 2012 State of Washington County of Whatcom The undersigned, being the officers designated by law as constituting the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the General and Special Election held November 6, 2012, in the precincts within the boundaries of the City of Bellingham, Whatcom County, State of Washington. The proposition concerned an increase in city property taxes for low-income housing assistance. A simple majority was needed for passage. The vote count for the City of Bellingham, Proposition No. 1, Low -Income Housing Levy was: Yes — 20,498 56.59% No — 15,724 43.41 % Total votes — 36,222 The proposition received the majority required and therefore PASSED. WITNESS our hand and seal this 27th day of November, 2012. WHATCOM COUNTY CANVASSING BOARD C � Kathy Kershner, County Council Chair Royce ek n ,Civil Deputy Prosecuting Attorney Debbie Adelstein, County Auditor 5I,,, 14 ott� �, A A r.. STATL 4Z `. i•'t4 ** Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor ELECTION RESULTS RECEIPT R�oM �QG s'rP y� �q`4HFNR'�p? Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Copies of the City of Bellingham, Proposition No. 1, Low -Income Housing Levy, election results from the November 6, 2012 General and Special Election, have been delivered to the Assessor's and Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: 4 a�A_ C_�, e V - 0 TREASURER'S OFFICE: N me .� Date Voi 7 Date Licensing Recording Elections Administration/internal Audit Licensing@co.whatcornma.us Recording@comhatcom.wa.us Elections@comhatcom.wa.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225- 4038 Phone: (360) 676-6740 Fax: (360)738-4556 Email: auditor@co.whatcom.wa.us Internet: www,whatcomcounty.us/auditor ELECTION RESULTS RECEIPT Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor A copy of the City of Bellingham, Proposition No. 1, Low-income Housing Levy, Whatcom County, election results from the General and Special Election held on November 6, 2012, has been delivered to the City of Bellingham. Receipt Acknowledged: City of Bellingham Ngme Date Licensing Recording Elections Administrationlinternal Audit Licensing@comhatcomma.us Recording@co.whatcornma.us Elections@co.whatcomma.us Auditor@comhatcornma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 Qf -bn ro i-ac�c fe u yes a as u& Voted Regular Affordable Housing RCW: 84.52.105 (Regular) Maximum Statutory Levy Rate: $0.50/$1,000 Assessed Value Type of Levy: Regular, Voted Affecting Levy Limits: Levy Limit Statutory Rate District budget 1 % Ballot Excess Levies Authorized: None Governing Body: Various Purpose: A county, city, or town may impose this levy for each year up to 10 consecutive years to fmance affordable housing for very low-income households. Notes: Voter authorization is required and the length of the levy is up to 10 years. If both a county and a city or town within the county impose this levy, the levy of the last jurisdiction to receive voter approval must be reduced so that the combined total does not exceed $.50/$1,000 assessed value. RCW 84.52.105 Affordable housing levies authorized — Declaration of emergency and plan required. (1) A county, city, or town may impose additional regular property tax levies of up to fifty cents per thousand dollars of assessed value of property in each year for up to ten consecutive years to finance affordable housing for very low- income households when specifically authorized to do so by a majority of the voters of the taxing district voting on a ballot proposition authorizing the levies. If both a county, and a city or town within the county, impose levies authorized under this section, the levies of the last jurisdiction to receive voter approval for the levies shall be reduced or eliminated so that the combined rates of these levies may not exceed fifty cents per thousand dollars of assessed valuation in any area within the county. A ballot proposition authorizing a levy under this section must conform with RCW 84.52.054. (2) The additional property tax levies may not be imposed until: (a) The governing body of the county, city, or town declares the existence of an emergency with respect to the availability of housing that is affordable to very low-income households in the taxing district; and (b) The governing body of the county, city, or town adopts an affordable housing financing plan to serve as the plan for expenditure of funds raised by a levy authorized under this section, and the governing body determines that the affordable housing financing plan is consistent with either the locally adopted or state -adopted comprehensive housing affordability strategy, required under the Cranston -Gonzalez national affordable housing act (42 U.S.C. Sec. 12701, et seq.), as amended. (3) For purposes of this section, the term "very low-income household" means a single person, family, or unrelated persons living together whose income is at or below fifty percent of the median income, as determined by the United States department of housing and urban development, with adjustments for household size, for the county where the taxing district is located. (4) The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section. rL4_�— 0— OFFICE OF THE CITY ATTORNEY 210 Lottie Street, Bellingham,WA 98225 Telephone: (360) 778-8270 Fax: (360) 778-8271 August 8, 2012 Debbie Adelstein Office of the Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham, WA 98225 RE: Proposition No. 1 - Low Income Housing Levy Dear Ms. Adelstein RECEIVED AUG _ 8 2012 DEBBIE ADELSTEIN "ATCO M CD U NTY AUDITOR Enclosed please find the explanatory statement for the voter's pamphlet regarding Proposition No. 1 - Low Income Housing Levy. Y o ui-s very truly, r eter u a City Attorney Enc. Explanatory Statement for City of Bellingham Proposition No. I - Low Income Housing Levy Approved by Bellingham City Attorne 's Office This levy would fund production and preservation of homes, rental assistance, support services, and down payment assistance for low-income households. Two-thirds of the funding would assist very low- income households, and the remaining third would assist low-income households. A family of two earning less than $27,150 annually is very low-income, and a family of two earning less than $43,400 is low-income. Funding priorities would be set forth in an Administrative and Financing Plan adopted by the City Council following recommendations by a citizen advisory committee to the Mayor and Council. The plan will be coordinated with existing City housing programs. aolland A1NnOo wopmm N131S13(]V 31883a ZIOZ s - qnd C13AI3038 Whatcom County Courthouse 311 Grand Avenue, Suite 103�`tlm rO�y Bellingham, WA 98225-4038 360-676-6740�. 360-738-4556 FAX V\. __�, r 360-738-4555 TTY E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.us/auditor Whatcom County Auditor's Office �0[P�\fl-1, BALLOT MEASURE RECEIPT Election Division Date Received: I la 11 Z— n K C artff R n"Ce era t nC Received From: , Name of Presenter oF T-)Comhbyn Name of Organs anon � � -hre�� f�� [ (i 1 ham► V� �1�ZZ� Address If ,XJ_~���� Phone Email Ballot Issue Name: G D I 5YD b51 fiCr) Lajo—Inecrhe r�5 r j) ba hu The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the ���'� I Election. Deputy Auditor IAPolicies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 F ' FINANCE DEPARTMENT, City Hall, 210 Lottie Street, Bellingham, WA 98225 Telephone: (360) 778-8000 ♦ Fax: (360) 778-8001 John R. Carter, Finance Director �Sh+l N G�° July 6,2012������ JUL 6 2012 Debbie Adelstein DEBBIE ADELSTEIN Office of the Whatcom County Auditor WHATCOM COUNTY AUDITOR 311 Grand Avenue, Suite 103 Bellingham, WA 98225 RE: City of Bellingham Proposition No. 1, Low -Income Housing Ballot Dear Ms. Adelstein: As Finance Director for the City of Bellingham, I hereby transmit a certified copy of Bellingham Ordinance #2012-06-033 authorizing that Proposition No. 1 as described, be submitted to the voters of the City of Bellingham at the next general election on November 6, 2012: CITY OF BELLINGHAM PROPOSITION NO.1 Ballot Title: City of Bellingham Proposition No. 1, Low -Income Housing Levy The City of Bellingham Council adopted Ordinance No. 2012-06-033 concerning property taxes for low-income housing assistance. This proposition would fund housing and housing services for people with low or very low incomes, including those with disabilities, veterans, seniors, and families with children by (a) authorizing an increase in the City's regular property tax levy by up to $0.12/$1,000 to $2.62/$1,000 of assessed value as allowed by RCW 84.55; and (b) authorizing a regular property tax levy of up to $0.24/$1,000 of assessed value under RCW 84.52.105, each for seven years, generating approximately $3,000,000 annually. Should this proposition be approved? Yes? .............. No? ............... Ms. Adelstein July 6, 2012 Page 2. Ordinance No. 2012-06-033 was unanimously approved by the Bellingham City Council on Monday, June 18, 2012 and authorizes the County Auditor's Office to submit Proposition No. 1 to the qualified electors for approval or rejection at the General Election scheduled for November 6, 2012. Thank you for your assistance in this matter. If you have any questions please do not hesitate to contact me. Yours very truly, J hn R. Carter Finance Director JRC/Ida cc Peter Ruffatto, City Attorney Enclosures: Certified Copy, Ordinance #2012-06-033 RECEIVED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 JUL 6 2012 ORDINANCE NO. 2012-06-033 DEBBIE ADELSTEIN WHATCOM COUNTY AUDITOR AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LOW-INCOME HOUSING; REQUESTING THAT A SPECIAL ELECTION BE HELD CONCURRENT WITH THE NOVEMBER 6, 2012 GENERAL ELECTION FOR SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A PROPOSITION TO LIFT THE LIMIT ON REGULAR PROPERTY TAXES UNDER CHAPTER 84.65 RCW FOR LOW-INCOME HOUSING; DECLARING THE EXISTENCE OF AN EMERGENCY UNDER CHAPTER 84.52.105 AND REQUESTING VOTER APPROVAL OF AN ADDITIONAL PROPERTY TAX FOR VERY LOW-INCOME HOUSING; PROVIDING FOR THE EXPIRATION OF THE ADDITIONAL LEVIES AT THE END OF SEVEN YEARS; SETTING FORTH THE BALLOT PROPOSITION; DESIGNATING A CITIZEN LEVY ADVISORY COMMITTEE; AND PROVIDING FOR IMPLEMENTATION OF PROGRAMS WITH FUNDS DERIVED FROM THE TAXES AUTHORIZED. WHEREAS, Equity and Social Justice is a legacy that the City Council has adopted for the City of Bellingham; WHEREAS, Supporting safe,affordable housing, supporting services for lower - income residents, and providing access to problem -solving resources are the strategic commitments the City Council has made to ensure Equity and Social Justice; WHEREAS, a healthy community is one in which all members have access to basic needs such as safe, secure and affordable homes and, despite the recent decline in home purchase prices, homes remain unaffordable for a significant percentage of Bellingham residents; WHEREAS, households face a severe burden when housing costs (including utilities) exceed 50 percent of household income; WHEREAS, U.S. Census data has estimated that there are 7,400 low-income households in Bellingham that face a severe housing cost burden by paying more than 50 percent of their income on housing costs; WHEREAS, over 1,000 low-income elderly households in Bellingham pay more than 50 percent of their income on housing costs and face challenges in repairing their homes without financial assistance; WHEREAS, at any point in time, 500 people are homeless in Whatcom County, according to the annual Point -in -Time Count, and 20 percent of all people experiencing homelessness in Bellingham are children under 10 years of age, with adverse childhood experiences that have profound and long-lasting negative consequences; WHEREAS, local housing affordability efforts save public money by reducing expenses for social services, emergency room medical care, triage, law enforcement and I HOME FUND ORDINANCE City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 �1� 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 other costs associated with temporary and chronic homelessness, with two local programs recently documenting that housing services resulted in increased access to mental health services and a 90 percent reduction in criminal justice costs; WHEREAS, recent investments of new, but very limited, grant funds resulted in significant reductions in local homelessness, with 37 percent fewer homeless persons with disabilities, 65 percent fewer homeless veterans, and 41 percent fewer homeless persons overall; WHEREAS, the Bellingham Housing Authority has 1,608 families on the waiting list for public housing, 72 percent of which earn less than 30% of the Area Median Income and 44 percent are families with disabilities; WHEREAS, the Bellingham Housing Authority has 400 households on the waiting list for rental assistance vouchers, with an average waiting time to receive assistance of more than four years; WHEREAS, nearly one-third of Bellingham's housing stock is over 50 years old, requiring repair, maintenance and weatherization that is often not affordable to low-income households; WHEREAS, local wages are not keeping pace with Bellingham's housing costs, with average apartment rent increasing 17 percent while average wages increased only 5 percent since 2004; WHEREAS, according to the U.S. Census, the median value of homes increased 96 percent from 2000 to 2010, while median family income increased just 23 percent; WHEREAS, more affordable housing options near employment centers are good for the environment, preventing long commutes with associated pollution, commuting expenses, traffic congestion and road widening costs; WHEREAS, the Countywide Housing Affordability Taskforce (CHAT) concluded its 18 month study and deliberation about housing affordability with a set of conclusions that included among its top six recommendations the creation of additional local revenue sources that assist in the delivery of homes affordable to low-income households; WHEREAS, the proposed Bellingham Home Fund will result in $21,000,000 in local funding that will be used as matching money to leverage other private and public funding for housing affordability, serving an estimated 8,500 families over the useful life of the properties that will be assisted with the Bellingham Home Fund; WHEREAS, as a condition of receiving federal funding for low-income housing, the City of Bellingham administers an affordable housing program with citizen oversight, including preparation of five-year strategic plans, performance measures and outcomes, and annual action plans; City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (2) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City of Bellingham can efficiently administer the proposed Bellingham Home Fund in conjunction with its existing programs that manage federal funding for housing affordability; WHEREAS, Chapter 84.55 RCW generally limits the dollar amount of regular property taxes that a city may levy in any year, but RCW 84.55,050 allows a city to levy taxes exceeding such limit by majority approval of the voters and allows a city to include in the ballot proposition a limit on the purpose for which the additional taxes levied will be used and to provide for the expiration of the additional taxing authority; WHEREAS, the proposed additional levy is within the limitations imposed by RCW 84.52.043; WHEREAS, RCW 84.52.105 authorizes a city to impose additional regular property tax levies to finance affordable housing for very low-income households when specifically authorized to do so by a majority of the voters of the taxing district voting on a ballot proposition authorizing the levy; and WHEREAS, RCW 35,21.685 authorizes a city to assist in the development or preservation of publicly or privately owned housing for persons of low income by providing loans or grants of general municipal funds to the owners or developers of the housing, including loans or grants to finance the acquisition, construction or rehabilitation of low- income housing, and to provide rental assistance and other supportive services, to low- income persons; NOW THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN: Section 1. Findings. The City Council makes the following findings and declares as follows: A. The City's Consolidated Plan and Housing Element of the Comprehensive Plan identify insufficient safe, sanitary, and decent housing affordable to low- and very low-income households to meet the present and anticipated needs of such households, including homes affordable for local working people, U.S. military veterans, families with children, people with limited or fixed incomes including senior citizens and people having a disability. B. Affordable rental housing for low-income households, including the homeless, other persons with special needs, families and seniors, often requires a commitment of City funds for development or preservation, or other forms of assistance. C. Promoting and preserving home ownership for low-income households contributes to the stability of families and neighborhoods; helps preserve the physical condition of residential properties; and addresses the shortage of safe, sanitary, affordable housing both by maintaining and enhancing the supply of owner -occupied housing and by limiting the demand for scarce low-income rental housing that otherwise would exist from households unable to afford to purchase homes or to maintain existing homes. City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (3) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 D. The additional taxes to be levied under this ordinance will enable the City to provide for the housing needs of low- and very low-income households and thereby work to fulfill the purposes of federal, state and City laws and policies, including, without limitation, the federal HOME Investment Partnerships Act, federal Community Development Block Grant, the State Growth Management Act and the City's Comprehensive Plan. E. An emergency exists with respect to the availability of housing that is affordable to very low-income households in the City of Bellingham. Section 2. Definitions. The following terms used in this ordinance shall have the definitions stated below, unless the context otherwise clearly requires: A. "Affordable housing" means residential housing for rental or private individual ownership which, as long as the same is occupied by low-income households, requires payment of monthly housing costs, including utilities, other than telephone, of no more than 30 percent of the household's income. B. "Low-income housing" means housing that will serve "low-income households." C. "Household" means a single person, family or unrelated persons living together. D. "Low-income household" means a household with income less than or equal to eighty percent (80%) of median income. E. "Median income" means annual median family income for the statistical area or division thereof including Bellingham for which median family income is published from time to time by the U.S. Department of Housing and Urban Development, or successor agency, with adjustments according to household size. F. "Very low-income household" means a household with income less than or equal to 50 percent of median income. To the extent permitted by applicable State law, income determinations may take into account such exclusions, adjustments and rules of computation as may be prescribed or used under federal housing laws, regulations or policies for purposes of establishing income limits, or as may be established in City housing and community development plan documents consistent with federal laws, regulations or policies. Section 3. Proposition to Authorize Levy -of Additional Reaular Property Taxes; Affordable Housing Plan. The City submits to the qualified electors of the City a proposition as authorized by RCW 84.55.050(1), to exceed the levy limitation on regular property taxes contained in Chapter 84.55 RCW for property taxes levied in 2012 through 2018 for collection in 2013 through 2019, respectively. The proposition would also authorize an additional property tax levy for very low-income housing under RCW 84.52.105. The proposition would raise approximately $3,000,000 per year totaling an estimated $21,000,000 in aggregate over a period of up to seven years. A. The proposition would permit the City to increase its regular property tax levy by up to $0.12 per $1,000 of assessed valuation, resulting in a regular property tax levy of City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (4) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 $2.62 per $1,000 for collection in 2013. All the levy proceeds shall be used for the purposes specified in Section 5 of this ordinance. B. The proposition would also authorize the City to impose an additional regular property tax levy of up to $0.24 per $1,000 of assessed valuation for very low- income housing pursuant to RCW 84.52.105. The limitations in RCW 84.52.043 shall not apply to the tax levy authorized by this part. All the levy proceeds shall be used for the purposes specified in Section 5 of this ordinance and may not be imposed by the City Council until the City adopts an affordable housing financing plan as set forth in Section 6 of this ordinance. C. The taxes authorized by this proposition will be in addition to the maximum amount of regular property taxes the City would have been limited to by RCW 84.55.010 in the absence of voter approval under this ordinance, plus other authorized lid lifts. Thereafter, such levy amount would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Pursuant to RCW 84.55.050(5), the maximum regular property taxes that may be levied in 2019 for collection in 2020 and in later years shall be computed as if the limit on regular property taxes had not been increased under this ordinance. Section 4. Levy Revenues. A. Unless otherwise directed by ordinance, all revenues collected from the additional taxes authorized pursuant to this ordinance shall be deposited initially in the Low - Income Housing Fund to be used as set forth in Section 5 and as described in the Low Income Housing Administrative and Financing Plans, as may be adopted by the City Council under Sections 5 and 6 of this ordinance. The Finance Director is authorized to create other subfunds or accounts within the Low -Income Housing Fund as may be needed or appropriate to implement the purposes of this ordinance. B. Pending expenditure for the purposes authorized in this ordinance, amounts deposited in the Low -Income Housing Fund pursuant to this ordinance may be invested in any investments permitted by applicable law. All investment earnings on the balances shall be deposited into the Low -Income Housing Fund. Amounts received by the City from payments with respect to loans, recovery of grants, insurance proceeds or proceeds of sale or disposition of property ("program income") shall be deposited into the Low - Income Housing Fund unless otherwise specified by ordinance. Any investment earnings and program income derived from revenues collected from the additional taxes authorized pursuant to this ordinance shall be used for the purposes set forth in this ordinance and as authorized by the City Council. Section 5. Administration:.Use of Proceeds. A. The levy funds shall be used to pay for affordable housing for low and very low-income households, pay for affordable housing programs, and otherwise to provide for the housing needs of low and very low-income households; provided that all funds raised from the levy authorized by RCW 84,52,105 shall be dedicated to affordable housing for very low-income households. City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (5) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 B. i C The Planning and Community Development Department, or such other department as may be designated by ordinance, shall administer programs funded with the additional taxes authorized pursuant to this ordinance. Any programs adopted by the City Council for use of the funds derived under this ordinance shall be referred to as "Housing Levy Programs." Housing Levy Programs shall be implemented consistent with the Low Income Housing Administrative and Financing Plan, as may be adopted by the City Council and as may thereafter be amended from time to time. Anticipated Housing Levy Programs are shown in Exhibit 1, attached hereto. The City Council, upon recommendation of the Citizen Advisory Committee described in Section 7 of this ordinance, or upon recommendation of the Mayor or on its own motion, may review the allocations to particular Housing Levy Programs and make changes to the programs, including additions and deletions of programs and/or in the timing of or amount of funds allocated to any program, consistent with the purposes of this ordinance and applicable law. Administration funding shown on Exhibit 1 is intended to be used for administration of the use of levy proceeds for all programs, including but not limited to developing the Low Income Housing Administrative and Financing Plan, preparing and reviewing loan and grant applications, monitoring and auditing performance and compliance with loan, grant and program requirements, and paying for financial accounting, legal, and other administrative services necessary to implement the Housing Levy Programs. Section 6. Low Income Housina Administrative and Financing Plan. A. The Director of Planning and Community Development, or other such person as may be designated by the Director or the Mayor, shall prepare a Low Income Housing Administrative and Financing Plan ("Plan") covering all of the Housing Levy Programs. The Plan shall cover the period commencing in 2013 and continue through 2019; shall specify the plan for use of funds raised by the levy authorized by RCW 84.52.105; shall be consistent with either the locally adopted or state -adopted comprehensive housing affordability strategy, required under the Cranston -Gonzalez national affordable housing act (42 U.S.C. Sec. 12701, et seq.), as amended; and shall be approved by City Council prior to the additional property tax levy being imposed pursuant to RCW 84.52.105. B. The expenditure of all funds raised pursuant to this ordinance shall be as set forth in the Plan adopted by City Council. The City Council reserves the right to amend the Plan as it may in the future be determined as necessary or appropriate. The Plan should be done in coordination with the Consolidated Plan and Annual Action Plans required by HUD for expenditure of HOME and CDBG funds for the benefit of low income housing and community development needs in the City. C. The City Council shall appropriate from the Low -Income Housing Fund, as part of the City budget or supplementally, such monies derived from the levies authorized in this ordinance as it deems necessary to carry out the Housing Levy Programs. D. The Mayor, or other such person as may be designated by the Mayor, is authorized, for and on behalf of the City, to select projects for funding and to approve, make and modify loans, grants or other expenditures to carry out the Housing Levy Programs, provided that such authority is subject to the appropriation of sufficient funds and consistent with City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (6) 360-778-8270 1 the Plan approved by City Council pursuant to Sections 5 and 6. The Mayor and his or 2 her designees are further authorized, for and on behalf of the City, to execute and 3 deliver such documents and instruments as he or she may determine to be necessary or 4 appropriate to implement the financing of specific projects or to otherwise carry out the 5 Housing Levy Programs. 6 7 Section 7. Citizen Advisory Committee. 8 The Community Development Advisory Board ("CDAB"), established pursuant to BMC 9 2.46.010, shall advise the City Council, Mayor and the Director of Planning and Community 10 Development regarding the Housing Levy Programs authorized by this ordinance. CDAB 11 shall advise the Mayor and City Council on the Low Income Housing Administrative and 12 Financial Plan prepared pursuant to Section 6 of this ordinance. CDAB shall also assist in 13 monitoring the progress, performance and accomplishment of Housing Levy Programs, and 14 report such findings to the Mayor and City Council, including any problems and 15 recommendations on actions to be taken so that the Housing Levy Programs are 16 conducted in a timely and efficient manner for the benefit of low-income households. 17 18 Section 8. Election - Ballot Title. 19 The City Council hereby requests that the Whatcom County Auditor, as ex officio 20 supervisor of elections, submit to the qualified electorate of the City for a vote, at the 21 November 6, 2012 general election, a proposition substantially in the form set forth in this 22 ordinance. The City Clerk is directed to certify to the Whatcom County Auditor the ballot 23 proposition to the electorate of the City in the form substantially as follows: 24 25 PROPOSITION NO. 1 26 Low -Income Housing Levy 27 28 The City of Bellingham Council adopted Ordinance No. 2012- 06-033 29 concerning property taxes for low-income housing assistance. 30 31 This proposition would fund housing and housing services for 32 people with low or very low incomes, including those with 33 disabilities, veterans, seniors, and families with children by (a) 34 authorizing an increase in the City's regular property tax levy by 35 up to $0.12/$1,000 to $2.62/$1,000 of assessed value as allowed 36 by RCW 84.55; and (b) authorizing a regular property tax levy of 37 up to $0.24/$1,000 of assessed value under RCW 84.52.105, 38 each for seven years, generating approximately $3,000,000 39 annually. Should this proposition be approved? 40 Yes?.. ............................ F� 41 No?..... ..................... .... ❑ 42 43 City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (7) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 9. Corrections. The Bellingham City Attorney's Office or the Auditor or her designee is authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener's or clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 10. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. PASSED by the Council this 18th day of June 2012, Council P711dent APPROVED by me this � day of , 2012. Mayor APP OVE A ❑ F M: Office of the City Attorney State of Washington ? C/a County of Whatcom (Date) I certify -t,�w�11�0�11t1ffl - '' p► D• AIyD 'f l ti a Mitt" 1 Published: �p�,��t,, June 22, 2012 aeL,r 29.14 � HOME FUND ORDINANCE (8) this is a true and corre ,it Copy of the meat copsistinyi of PAP& VAA NA Public �I lotntrnent expires: City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 360-778-8270 1 2 3 4 EXHIBIT 1 2013 HOUSING LEVY PROGRAMS Program Total Funding 7 Years) Estimated Housing ProducedlHouseholds Assisted Program Description/Affordability Levels • Homes for people working at minimum wage, veterans, seniors on fixed incomes, and people exiting homelessness (households at or below 30% of median income) Production and 429 homes (serving 8,500 0 Homes for local workers, working families up to 60% of Preservation of Homes $15,980,000 families over the useful life median income of these properties). 0 Affordable and specialized homes for veterans, people with disabilities, and seniors. Rehabilitation and weatherization to increase affordability and preserve existing affordable homes Supportive services matched to specialized homes for disabled veterans and chronically homeless individuals to l help them retain their homes and reduce costly care in Rental Assistance and hospital emergency department and other inappropriate Support Services $1,880.000 800 homes systems of care • Temporary and long-term assistance to families and individuals to help preserve their housing, prevent eviction and homelessness (targeted households at or below 50% of Low-income homebuyer Assistance to low-income homebuyers, including programs $940,000 50 homes that promote long-term affordability of ownership housing assistance (targeted to households at or below 80% of median income) Acquisition and Short-term loans for strategic purchases of buildings or land Opportunity Loans $940,000 50 homes for rental or homeownership housing development that will serve low-income households Administration $1,260,000 n/a City of Bellingham City Attorney 210 Loltie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (9) 360-778-8270 July 6, 2012 E (-r)) P U CU FINANCE DEPARTMENT, City Hall, 210 Lottie Street, Bellingham, WA 98225 Telephone: (360) 778-8000 * Fax: (360) 778-8001 John R. Carter, Finance Director RECEIVED JUL 6 2012 Debbie Adelstein DEBBIE ADELSTEIN Office of the Whatcom County Auditor WHATCOM COUNTY AUDITOR 311 Grand Avenue, Suite 103 Bellingham, WA 98225 RE: City of Bellingham Proposition No. 1, Low -Income Housing Ballot Dear Ms. Adelstein: As Finance Director for the City of Bellingham, I hereby transmit a certified copy of Bellingham Ordinance #2012-06-033 authorizing that Proposition No. 1 as described, be submitted to the voters of the City of Bellingham at the next general election on November 6, 2012: CITY OF BELLINGHAM PROPOSITION NO.1 Ballot Title: City of Bellingham Proposition No. 1, Low -Income Housing Levy The City of Bellingham Council adopted Ordinance No. 2012-06-033 concerning property taxes for low-income housing assistance. This proposition would fund housing and housing services for people with low or very low incomes, including those with disabilities, veterans, seniors, and families with children by (a) authorizing an increase in the City's regular property tax levy by up to $0.12/$1,000 to $2.62/$1,000 of assessed value as allowed by RCW 84.55; and (b) authorizing a regular property tax levy of up to $0.24/$1,000 of assessed value under RCW 84.52.105, each for seven years, generating approximately $3,000,000 annually. Should this proposition be approved? Yes? .............. No? ............... Ms. Adelstein July 6, 2012 Page 2. Ordinance No. 2012-06-033 was unanimously approved by the Bellingham City Council on Monday, June 18, 2012 and authorizes the County Auditor's Office to submit Proposition No. 1 to the qualified electors for approval or rejection at the General Election scheduled for November 6, 2012. Thank you for your assistance in this matter. If you have any questions please do not hesitate to contact me. Yours very truly, hn R. Carter Finance Director JRC/Ida cc Peter Ruffatto, City Attorney Enclosures: Certified Copy, Ordinance #2012-06-033 RECEIVED JUL 6 2012 1 ORDINANCE NO. 2012-06-033 2 DEBBIE ADELSTEIN 3 WHATCOM COUNTY AUDITOR 4 AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LOW-INCOME 5 HOUSING; REQUESTING THAT A SPECIAL ELECTION BE HELD CONCURRENT 6 WITH THE NOVEMBER 6, 2012 GENERAL ELECTION FOR SUBMISSION TO THE 7 QUALIFIED ELECTORS OF THE CITY OF A PROPOSITION TO LIFT THE LIMIT ON 8 q REGULAR PROPERTY TAXES UNDER CHAPTER 84.66 RCW FOR LOW-INCOME 9 ' HOUSING; DECLARING THE EXISTENCE OF AN EMERGENCY UNDER CHAPTER 10 84.62.105 AND REQUESTING VOTER APPROVAL OF AN ADDITIONAL PROPERTY 11 TAX FOR VERY LOW-INCOME HOUSING; PROVIDING FOR THE EXPIRATION OF 12 THE ADDITIONAL LEVIES AT THE END OF SEVEN YEARS; SETTING FORTH THE 13 BALLOT PROPOSITION; DESIGNATING A CITIZEN LEVY ADVISORY COMMITTEE; 14 AND PROVIDING FOR IMPLEMENTATION OF PROGRAMS WITH FUNDS DERIVED 15 FROM THE TAXES AUTHORIZED. 16 17 WHEREAS, Equity and Social Justice is a legacy that the City Council has adopted 18 for the City of Bellingham; 19 20 WHEREAS, Supporting safe,affordable housing, supporting services for lower- 21 income residents, and providing access to problem -solving resources are the strategic 22 commitments the City Council has made to ensure Equity and Social Justice; 23 24 WHEREAS, a healthy community is one in which all members have access to basic 25 needs such as safe, secure and affordable homes and, despite the recent decline in home 26 purchase prices, homes remain unaffordable for a significant percentage of Bellingham 27 residents; 28 29 WHEREAS, households face a severe burden when housing costs (including 30 utilities) exceed 50 percent of household income; 31 32 WHEREAS, U.S. Census data has estimated that there are 7,400 low-income 33 households in Bellingham that face a severe housing cost burden by paying more than 50 34 percent of their income on housing costs; 35 36 WHEREAS, over 1,000 low-income elderly households in Bellingham pay more than 37 50 percent of their income on housing costs and face challenges in repairing their homes 38 without financial assistance; 39 40 WHEREAS, at any point in time, 500 people are homeless in Whatcom County, 41 according to the annual Point -in -Time Count, and 20 percent of all people experiencing 42 homelessness in Bellingham are children under 10 years of age, with adverse childhood 43 experiences that have profound and long-lasting negative consequences; 44 45 WHEREAS, local housing affordability efforts save public money by reducing 46 expenses for social services, emergency room medical care, triage, law enforcement and City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (1) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 other costs associated with temporary and chronic homelessness, with two local programs recently documenting that housing services resulted in increased access to mental health services and a 90 percent reduction in criminal justice costs; WHEREAS, recent investments of new, but very limited, grant funds resulted in significant reductions in local homelessness, with 37 percent fewer homeless persons with disabilities, 65 percent fewer homeless veterans, and 41 percent fewer homeless persons overall; WHEREAS, the Bellingham Housing Authority has 1,608 families on the waiting list for public housing, 72 percent of which earn less than 30% of the Area Median Income and 44 percent are families with disabilities; WHEREAS, the Bellingham Housing Authority has 400 households on the waiting list for rental assistance vouchers, with an average waiting time to receive assistance of more than four years; WHEREAS, nearly one-third of Bellingham's housing stock is over 50 years old, requiring repair, maintenance and weatherization that is often not affordable to low-income households; WHEREAS, local wages are not keeping pace with Bellingham's housing costs, with average apartment rent increasing 17 percent while average wages increased only 5 percent since 2004; WHEREAS, according to the U.S. Census, the median value of homes increased 96 percent from 2000 to 2010, while median family income increased just 23 percent; WHEREAS, more affordable housing options near employment centers are good for the environment, preventing long commutes with associated pollution, commuting expenses, traffic congestion and road widening costs; WHEREAS, the Countywide Housing Affordability Taskforce (CHAT) concluded its 18 month study and deliberation about housing affordability with a set of conclusions that included among its top six recommendations the creation of additional local revenue sources that assist in the delivery of homes affordable to low-income households; WHEREAS, the proposed Bellingham Home Fund will result in $21,000,000 in local funding that will be used as matching money to leverage other private and public funding for housing affordability, serving an estimated 8,500 families over the useful life of the properties that will be assisted with the Bellingham Home Fund; WHEREAS, as a condition of receiving federal funding for low-income housing, the City of Bellingham administers an affordable housing program with citizen oversight, including preparation of five-year strategic plans, performance measures and outcomes, and annual action plans; City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (2) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City of Bellingham can efficiently administer the proposed Bellingham Home Fund in conjunction with its existing programs that manage federal funding for housing affordability; WHEREAS, Chapter 84.55 RCW generally limits the dollar amount of regular property taxes that a city may levy in any year, but RCW 84.55,050 allows a city to levy taxes exceeding such limit by majority approval of the voters and allows a city to include in the ballot proposition a limit on the purpose for which the additional taxes levied will be used and to provide for the expiration of the additional taxing authority; WHEREAS, the proposed additional levy is within the limitations imposed by RCW 84.52.043; WHEREAS, RCW 84.52.105 authorizes a city to impose additional regular property tax levies to finance affordable housing for very low-income households when specifically authorized to do so by a majority of the voters of the taxing district voting on a ballot proposition authorizing the levy; and WHEREAS, RCW 35.21.685 authorizes a city to assist in the development or preservation of publicly or privately owned housing for persons of low income by providing loans or grants of general municipal funds to the owners or developers of the housing, including loans or grants to finance the acquisition, construction or rehabilitation of low- income housing, and to provide rental assistance and other supportive services, to low- income persons; NOW THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN: Section 1. Findings. The City Council makes the following findings and declares as follows: A. The City's Consolidated Plan and Housing Element of the Comprehensive Plan identify insufficient safe, sanitary, and decent housing affordable to low- and very low-income households to meet the present and anticipated needs of such households, including homes affordable for local working people, U.S. military veterans, families with children, people with limited or fixed incomes including senior citizens and people having a disability. B. Affordable rental housing for low-income households, including the homeless, other persons with special needs, families and seniors, often requires a commitment of City funds for development or preservation, or other forms of assistance. C. Promoting and preserving home ownership for low-income households contributes to the stability of families and neighborhoods; helps preserve the physical condition of residential properties; and addresses the shortage of safe, sanitary, affordable housing both by maintaining and enhancing the supply of owner -occupied housing and by limiting the demand for scarce low-income rental housing that otherwise would exist from households unable to afford to purchase homes or to maintain existing homes. City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (3) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 D. The additional taxes to be levied under this ordinance will enable the City to provide for the housing needs of low- and very low-income households and thereby work to fulfill the purposes. of federal, state and City laws and policies, including, without limitation, the federal HOME Investment Partnerships Act, federal Community Development Block Grant, the State Growth Management Act and the City's Comprehensive Plan. E. An emergency exists with respect to the availability of housing that is affordable to very low-income households in the City of Bellingham. Section 2. Definitions. The following terms used in this ordinance shall have the definitions stated below, unless the context otherwise clearly requires: A. "Affordable housing" means residential housing for rental or private individual ownership which, as long as the same is occupied by low-income households, requires payment of monthly housing costs, including utilities, other than telephone, of no more than 30 percent of the household's income. B. "Low-income housing" means housing that will serve "low-income households." C. "Household" means a single person, family or unrelated persons living together. D. "Low-income household" means a household with income less than or equal to eighty percent (80%) of median income. E. "Median income" means annual median family income for the statistical area or division thereof including Bellingham for which median family income is published from time to time by the U.S. Department of Housing and Urban Development, or successor agency, with adjustments according to household size. F. "Very low-income household" means a household with income less than or equal to 50 percent of median income. To the extent permitted by applicable State law, income determinations may take into account such exclusions, adjustments and rules of computation as may be prescribed or used under federal housing laws, regulations or policies for purposes of establishing income limits, or as may be established in City housing and community development plan documents consistent with federal laws, regulations or policies. Section 3. Proposition to Authorize Levy of Additional Regular Property Taxes; Affordable Housing Plan. The City submits to the qualified electors of the City a proposition as authorized by RCW 84.55.050(1), to exceed the levy limitation on regular property taxes contained in Chapter 84.55 RCW for property taxes levied in 2012 through 2018 for collection in 2013 through 2019, respectively. The proposition would also authorize an additional property tax levy for very low-income housing under RCW 84.52.105. The proposition would raise approximately $3,000,000 per year totaling an estimated $21,000,000 in aggregate over a period of up to seven years. A. The proposition would permit the City to increase its regular property tax levy by up to $0.12 per $1,000 of assessed valuation, resulting in a regular property tax levy of City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (4) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 $2.62 per $1,000 for collection in 2013. All the levy proceeds shall be used for the purposes specified in Section 5 of this ordinance. B. The proposition would also authorize the City to impose an additional regular property tax levy of up to $0.24 per $1,000 of assessed valuation for very low- income housing pursuant to RCW 84.52.105. The limitations in RCW 84.52.043 shall not apply to the tax levy authorized by this part. All the levy proceeds shall be used for the purposes specified in Section 5 of this ordinance and may not be imposed by the City Council until the City adopts an affordable housing financing plan as set forth in Section 6 of this ordinance. C. The taxes authorized by this proposition will be in addition to the maximum amount of regular property taxes the City would have been limited to by RCW 84.55.010 in the absence of voter approval under this ordinance, plus other authorized lid lifts. Thereafter, such levy amount would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Pursuant to RCW 84.55.050(5), the maximum regular property taxes that may be levied in 2019 for collection in 2020 and'in later years shall be computed as if the limit on regular property taxes had not been increased under this ordinance. Section 4. Levy Revenues. A Unless otherwise directed by ordinance, all revenues collected from the additional taxes authorized pursuant to this ordinance shall be deposited initially in the Low - Income Housing Fund to be used as set forth in Section 5 and as described in the Low Income Housing Administrative and Financing Plans, as may be adopted by the City Council under Sections 5 and 6 of this ordinance. The Finance Director is authorized to create other subfunds or accounts within the Low -Income Housing Fund as may be needed or appropriate to implement the purposes of this ordinance. Pending expenditure for the purposes authorized in this ordinance, amounts deposited in the Low -Income Housing Fund pursuant to this ordinance may be invested in any investments permitted by applicable law. All investment earnings on the balances shall be deposited into the Low -Income Housing Fund. Amounts received by the City from payments with respect to loans, recovery of grants, insurance proceeds or proceeds of sale or disposition of property ("program income") shall be deposited into the Low - Income Housing Fund unless otherwise specified by ordinance. Any investment earnings and program income derived from revenues collected from the additional taxes authorized pursuant to this ordinance shall be used for the purposes set forth in this ordinance and as authorized by the City Council. Section 5. Administration: Use of Proceeds. A. The levy funds shall be used to pay for affordable housing for low and very low-income households, pay for affordable housing programs, and otherwise to provide for the housing needs of low and very low-income households; provided that all funds raised from the levy authorized by RCW 84.52.105 shall be dedicated to affordable housing for very low-income households. City of Bellingham City Attomey 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (5) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 B. The Planning and Community Development Department, or such other department as may be designated by ordinance, shall administer programs funded with the additional taxes authorized pursuant to this ordinance. Any programs adopted by the City Council for use of the funds derived under this ordinance shall be referred to as "Housing Levy Programs." Housing Levy Programs shall be implemented consistent with the Low Income Housing Administrative and Financing Plan, as may be adopted by the City Council and as may thereafter be amended from time to time. C. Anticipated Housing Levy Programs are shown in Exhibit 1, attached hereto. The City Council, upon recommendation of the Citizen Advisory Committee described in Section 7 of this ordinance, or upon recommendation of the Mayor or on its own motion, may review the allocations to particular Housing Levy Programs and make changes to the programs, including additions and deletions of programs and/or in the timing of or amount of funds allocated to any program, consistent with the purposes of this ordinance and applicable law. Administration funding shown on Exhibit 1 is intended to be used for administration of the use of levy proceeds for all programs, including but not limited to developing the Low Income Housing Administrative and Financing Plan, preparing and reviewing loan and grant applications, monitoring and auditing performance and compliance with loan, grant and program requirements, and paying for financial accounting, legal, and other administrative services necessary to implement the Housing Levy Programs. Section 6. Low Income Housing Administrative and Financing Plan. A. The Director of Planning and Community Development, or other such person as may be designated by the Director or the Mayor, shall prepare a Low Income Housing Administrative and Financing Plan ("Plan") covering all of the Housing Levy Programs, The Plan shall cover the period commencing in 2013 and continue through 2019; shall specify the plan for use of funds raised by the levy authorized by RCW 84.52.105; shall be consistent with either the locally adopted or state -adopted comprehensive housing affordability strategy, required under the Cranston -Gonzalez national affordable housing act (42 U.S.C. Sec. 12701, et seq.), as amended; and shall be approved by City Council prior to the additional property tax levy being imposed pursuant to RCW 84.52.105. B. The expenditure of all funds raised pursuant to this ordinance shall be as set forth in the Plan adopted by City Council. The City Council reserves the right to amend the Plan as it may in the future be determined as necessary or appropriate. The Plan should be done in coordination with the Consolidated Plan and Annual Action Plans required by HUD for expenditure of HOME and CDBG funds for the benefit of low income housing and community development needs in the City. C. The City Council shall appropriate from the Low -Income Housing Fund, as part of the City budget or supplementally, such monies derived from the levies authorized in this ordinance as it deems necessary to carry out the Housing Levy Programs. D. The Mayor, or other such person as may be designated by the Mayor, is authorized, for and on behalf of the City, to select projects for funding and to approve, make and modify loans, grants or other expenditures to carry out the Housing Levy Programs, provided that such authority is subject to the appropriation of sufficient funds and consistent with i I HOME FUND ORDINANCE City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 (6) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 the Plan approved by City Council pursuant to Sections 5 and 6. The Mayor and his or her designees are further authorized, for and on behalf of the City, to execute and deliver such documents and instruments as he or she may determine to be necessary or appropriate to implement the financing of specific projects or to otherwise carry out the Housing Levy Programs. Section 7. Citizen Advisory Committee. The Community Development Advisory Board ("CDAB"), established pursuant to BMC 2.46.010, shall advise the City Council, Mayor and the Director of Planning and Community Development regarding the Housing Levy Programs authorized by this ordinance. CDAB shall advise the Mayor and City Council on the Low Income Housing Administrative and Financial Plan prepared pursuant to Section 6 of this ordinance. CDAB shall also assist in monitoring the progress, performance and accomplishment of Housing Levy Programs, and report such findings to the Mayor and City Council, including any problems and recommendations on actions to be taken so that the Housing Levy Programs are conducted in a timely and efficient manner for the benefit of low-income households. Section 8. Election - BaIlot Title. The City Council hereby requests that the Whatcom County Auditor, as ex officio supervisor of elections, submit to the qualified electorate of the City for a vote, at the November 6, 2012 general election, a proposition substantially in the form set forth in this ordinance. The City Clerk is directed to certify to the Whatcom County Auditor the ballot proposition to the electorate of the City in the form substantially as follows: PROPOSITION NO. 1 Low -Income Housing Levy The City of Bellingham Council adopted Ordinance No. 2012- 06-033 concerning property taxes for low-income housing assistance. This proposition would fund housing and housing services for people with low or very low incomes, including those with disabilities, veterans, seniors, and families with children by (a) authorizing an increase in the City's regular property tax levy by up to $0.12/$1,000 to $2.62/$1,000 of assessed value as allowed by RCW 84.55; and (b) authorizing a regular property tax levy of up to $0.24/$1,000 of assessed value under RCW 84.52.105, each for seven years, generating approximately $3,000,000 annually. Should this proposition be approved? Yes?............. ................. 71 No? ............................... 1-1 City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (7) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 9. Corrections. The Bellingham City Attorney's Office or the Auditor or her designee is authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener's or clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 10. Seyerability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. PASSED by the Council this 18th day of June Council Pr Ident APPROVED by me this OQ day of , 2012. Mayor now, nce it - APP OWE A O1= M. Lb Office of the City Attorney Published: June 22, 2012 HOME FUND ORDINANCE 2012, State of Washington ;71to ola County of Whatcom (Date] I certify that this is a true and corre copy of the on na #cument co sicaing of pages. (Si ure) i &PA -b• " A4i,oE-x4,-0 Notary Public Y My appointment expires: T City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 (8) 360-778-8270 1 2 3 4 EXHIBIT 1 2013 HOUSING LEVY PROGRAMS Estimated Housing - Total Funding Produced/Households Program 7 Years) Assisted Program Description/Affordability Levels • Homes for people working at minimum wage, veterans, seniors on fixed incomes, and people exiting homelessness (households at or below 30% of median income) Production and 429 homes (serving 8,500 0 Homes for local workers, working families up to 60% of Preservation of Homes $15,980,000 families over the useful life median income of these properties). a Affordable and specialized homes for veterans, people with disabilities, and seniors. Rehabilitation and weatherization to increase affordability and preserve existing affordable homes Supportive services matched to specialized homes for disabled veterans and chronically homeless individuals to help them retain their homes and reduce costly care in Rental Assistance and hospital emergency department and other inappropriate Support Services $1,880.000 800 homes systems of care Temporary and long-term assistance to families and individuals to help preserve their housing, prevent eviction and homelessness (targeted households at or below 50% of median income Low-income homebuyer Assistance to low-income homebuyers, including programs $940,000 50 homes that promote long -tens affordability of ownership housing assistance (targeted to households at or below 80% of median income Acquisition and • Short -tens loans for strategic purchases of buildings or land $940,000 50 homes for rental or homeownership housing development that will Opportunity Loans serve low-income households Administration $1.260.000 n/a _ City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (9) 360-778-8270 i i, i„i„i,,, i, i„i, i, 1, i„i„l I Peter Ruffatto, City Attorney City of Bellingham 210 Lottie Street Bellingham WA 98225 Whatcom County Courthouse PRE°rn �oG 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 360-676-6740 360-738-4556 FAX 360-738-4555 TTY vs+r�nGsv� E-mail: auditor&o.whatcom.wams www.co.whatcom.wa.us/auditor BALLOT MEASURE RECEIPT Date Received -:�+2 1 ili Z, Received From: Whatcom County Auditor's Office Election Division Name of Presenter C I Name of Orga 'anon CA� l0 ` h Address ��ll L Phone Email Ballot Issue Name: �� D�i�L�Y1 r\b• I l�i p �I1 �lc�l'►'\ . �vJ- Incomes si� Iry The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the Election. Deputy Auditor I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 DF gELLIZ-V J y U rvG�0 June 29, 2012 Debbie Adelstein Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham, WA 98225 OFFICE OF THE CITY ATTORNEY 210 Lottie Street, Bellingham,WA 98'PECEIVED Telephone: (360) 778-8270 Fax: (360) 778-8271 Re: City of Bellingham — Low Income Housing Ballot .Proposition Dear Ms. Adelstein: JUL 2 2012 DEBBIE ADEIS7EIN WHATCOM COUNTY AUDITOR In accordance with the City Charter, the Bellingham Municipal Code, and the attached ordinance, this letter shall serve as City of Bellingham formal action, pursuant to RCW 29A.04.330, to place this measure on the November 6, 2012 ballot. The ballot title is stated in Section 8 of the ordinance. Please call if you have any questions. Y s v ry ly, A�7- Peter . Ru atto City Attorney Enc: Ordinance cc: Kelli Linville, Mayor Terry Bornemann, Council President John Carter, Finance Director David Stalheim, Block Grant Programs Manager OFFICE OF THE CITY ATTORNEY 210 Lottie Street, Bellingham,WA 98 Telephone: (360) 778-8270 PECEIVED Fax: (360) 778-8271 June 29, 2012 Debbie Adelstein Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham, WA 98225 Re: City of Bellingham — Low Income Housing Ballot .Proposition Dear Ms. Adelstein: JUL 2 2012 DEBBIE ADELSTEIN WHAT'CC€ M COUNTY AUDITOR In accordance with the City Charter, the Bellingham Municipal Code, and the attached ordinance, this letter shall serve as City of Bellingham formal action, pursuant to RCW 29A.04.330, to place this measure on the November 6, 2012 ballot. The ballot title is stated in Section 8 of the ordinance. Please call if you have any questions. r , /' Petero City Attorney Enc: Ordinance cc: Kelli Linville, Mayor Terry Bornemann, Council President John Carter, Finance Director David Stalheim, Block Grant Programs Manager Whatcom County Courthouse Whatcom County M � 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 3 z� Auditor's Office 360 676-6740 l _V` 360-738-4556 FAX y Election Division 360-738-4555 TTY E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.us/auditor BALLOT MEASURE RECEIPT Date Received: ii2 1I -z-- Received From: Name of Presenter Cli 1n� Name of Orga atian Jib L,�h (" �t Address Phone Email Ballot Issue Name' 1 �D���b� �• I �61A of _rt-1 haxy jYl Si Le_u The Auditors Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the C- ">'.Y Election. Deputy Auditor I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 �O� gELLIA�' 7 U .r - 3� 0 June 29, 2012 Debbie Adelstein Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham, WA 98225 OFFICE OF THE CITY ATTORNEY 210 Lottie Street, Bellingham,WA 98PECEIVED Telephone: (360) 778-8270 Fax: (360) 778-8271 Re: City of Bellingham — Low Income Housing Ballot Proposition Dear Ms. Adelstein: JUL 2 2012 DE13131E ADELSTEIN WHATCOM COUNTY AWTOR In accordance with the City Charter, the Bellingham Municipal Code, and the attached ordinance, this letter shall serve as City of Bellingham formal action, pursuant to RCW 29A.04.330, to place this measure on the November 6, 2012 ballot. The ballot title is stated in Section 8 of the ordinance. Please call if you have any questions. Y rs v ry I y, lAV eter . Ru alto City Attorney Enc: Ordinance cc: Kelli Linville, Mayor Terry Bornemann, Council President John Carter, Finance Director David Stalheim, Block Grant Programs Manager RECEIVED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 2012-06-033 JUL 2 2012 DEBBIE ADELSTEI WHATCOM COUNTY AU ITOR AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LOW-INCOME HOUSING; REQUESTING THAT A SPECIAL ELECTION BE HELD CONCURRENT WITH THE NOVEMBER 6, 2012 GENERAL ELECTION FOR SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A PROPOSITION TO LIFT THE LIMIT ON REGULAR PROPERTY TAXES UNDER CHAPTER 84.56 RCW FOR LOW-INCOME HOUSING; DECLARING THE EXISTENCE OF AN EMERGENCY UNDER CHAPTER 84.52.106 AND REQUESTING VOTER APPROVAL OF AN ADDITIONAL PROPERTY TAX FOR VERY LOW-INCOME HOUSING; PROVIDING FOR THE EXPIRATION OF THE ADDITIONAL LEVIES AT THE END OF SEVEN YEARS; SETTING FORTH THE BALLOT PROPOSITION; DESIGNATING A CITIZEN LEVY ADVISORY COMMITTEE; AND PROVIDING FOR IMPLEMENTATION OF PROGRAMS WITH FUNDS DERIVED FROM THE TAXES AUTHORIZED. WHEREAS, Equity and Social Justice is a legacy that the City Council has adopted for the City of Bellingham; WHEREAS, Supporting safe, .affordable housing, supporting services for lower - income residents, and providing access to problem -solving resources are the strategic commitments the City Council has made to ensure Equity and Social Justice; WHEREAS, a healthy community is one in which all members have access to basic needs such as safe, secure and affordable homes and, despite the recent decline in home purchase prices, homes remain unaffordable for a significant percentage of Bellingham residents; WHEREAS, households face a severe burden when housing costs (including utilities) exceed 50 percent of household income; WHEREAS, U.S. Census data has estimated that there are 7,400 low-income households in Bellingham that face a severe housing cost burden by paying more than 50 percent of their income on housing costs; WHEREAS, over 1,000 low-income elderly households in Bellingham pay more than 50 percent of their income on housing costs and face challenges in repairing their homes without financial assistance; WHEREAS, at any point in time, 500 people are homeless in Whatcom County, according to the annual Point -in -Time Count, and 20 percent of all people experiencing homelessness in Bellingham are children under 10 years of age, with adverse childhood experiences that have profound and long-lasting negative consequences; WHEREAS, local housing affordability efforts save public money by reducing expenses for social services, emergency room medical care, triage, law enforcement and City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (1) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 other costs associated with temporary and chronic homelessness, with two local programs recently documenting that housing services resulted in increased access to mental health services and a 90 percent reduction in criminal justice costs; WHEREAS, recent investments of new, but very limited, grant funds resulted in significant reductions in local homelessness, with 37 percent fewer homeless persons with disabilities, 65 percent fewer homeless veterans, and 41 percent fewer homeless persons overall; WHEREAS, the Bellingham Housing Authority has 1,608 families on the waiting list for public housing, 72 percent of which earn less than 30% of the Area Median Income and 44 percent are families with disabilities; WHEREAS, the Bellingham Housing Authority has 400 households on the waiting list for rental assistance vouchers, with an average waiting time to receive assistance of more than four years; WHEREAS, nearly one-third of Bellingham's housing stock is over 50 years old, requiring repair, maintenance and weatherization that is often not affordable to low-income households; WHEREAS, local wages are not keeping pace with Bellingham's housing costs, with average apartment rent increasing 17 percent while average wages increased only 5 percent since 2004; WHEREAS, according to the U.S. Census, the median value of homes increased 96 percent from 2000 to 2010, while median family income increased just 23 percent; WHEREAS, more affordable housing options near employment centers are good for the environment, preventing long commutes with associated pollution, commuting expenses, traffic congestion and road widening costs; WHEREAS, the Countywide Housing Affordability Taskforce (CHAT) concluded its 18 month study and deliberation about housing affordability with a set of conclusions that included among its top six recommendations the creation of additional local revenue sources that assist in the delivery of homes affordable to low-income households; WHEREAS, the proposed Bellingham Home Fund will result in $21,000,000 in local funding that will be used as matching money to leverage other private and public funding for housing affordability, serving an estimated 8,500 families over the useful life of the properties that will be assisted with the Bellingham Home Fund; WHEREAS, as a condition of receiving federal funding for low-income housing, the City of Bellingham administers an affordable housing program with citizen oversight, including preparation of five-year strategic plans, performance measures and outcomes, and annual action plans; City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (2) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City of Bellingham can efficiently administer the proposed Bellingham Home Fund in conjunction with its existing programs that manage federal funding for housing affordability; WHEREAS, Chapter 84.55 RCW generally limits the dollar amount of regular property taxes that a city may levy in any year, but RCW 84,55.050 allows a city to levy taxes exceeding such limit by majority approval of the voters and allows a city to include in the ballot proposition a limit on the purpose for which the additional taxes levied will be used and to provide for the expiration of the additional taxing authority; WHEREAS, the proposed additional levy is within the limitations imposed by RCW 84.52.043; WHEREAS, RCW 84.52.105 authorizes a city to impose additional regular property tax levies to finance affordable housing for very low-income households when specifically authorized to do so by a majority of the voters of the taxing district voting on a ballot proposition authorizing the levy; and WHEREAS, RCW 35.21.685 authorizes a city to assist in the development or preservation of publicly or privately owned housing for persons of low income by providing loans or grants of general municipal funds to the owners or developers of the housing, including loans or grants to finance the acquisition, construction or rehabilitation of low- income housing, and to provide rental assistance and other supportive services, to low- income persons; NOW THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN: Section 1. Findings. The City Council makes the following findings and declares as follows: A. The City's Consolidated Plan and Housing Element of the Comprehensive Plan identify insufficient safe, sanitary, and decent housing affordable to low- and very low-income households to meet the present and anticipated needs of such households, including homes affordable for local working people, U.S. military veterans, families with children, people with limited or fixed incomes including senior citizens and people having a disability. B. Affordable rental housing for low-income households, including the homeless, other persons with special needs, families and seniors, often requires a commitment of City funds for development or preservation, or other forms of assistance. C. Promoting and preserving home ownership for low-income households contributes to the stability of families and neighborhoods; helps preserve the physical condition of residential properties; and addresses the shortage of safe, sanitary, affordable housing both by maintaining and enhancing the supply of owner -occupied housing and by limiting the demand for scarce low-income rental housing that otherwise would exist from households unable to afford to purchase homes or to maintain existing homes. City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (3) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 D. The additional taxes to be levied under this ordinance will enable the City to provide for the housing needs of low- and very low-income households and thereby work to fulfill the purposes of federal, state and City laws and policies, including, without limitation, the federal HOME Investment Partnerships Act, federal Community Development Block Grant, the State Growth Management Act and the City's Comprehensive Plan. E. An emergency exists with respect to the availability of housing that is affordable to very low-income households in the City of Bellingham. Section 2. Definitions. The following terms used in this ordinance shall have the definitions stated below, unless the context otherwise clearly requires: A. "Affordable housing" means residential housing for rental or private individual ownership which, as long as the same is occupied by low-income households, requires payment of monthly housing costs, including utilities, other than telephone, of no more than 30 percent of the household's income. B. "Low-income housing" means housing that will serve "low-income households." C. "Household" means a single person, family or unrelated persons living together. D. "Low-income household" means a household with income less than or equal to eighty percent (80%) of median income. E. "Median income" means annual median family income for the statistical area or division thereof including Bellingham for which median family income is published from time to time by the U.S. Department of Housing and Urban Development, or successor agency, with adjustments according to household size. F. "Very low-income household" means a household with income less than or equal to 50 percent of median income. To the extent permitted by applicable State law, income determinations may take into account such exclusions, adjustments and rules of computation as may be prescribed or used under federal housing laws, regulations or policies for purposes of establishing income limits, or as may be established in City housing and community development plan documents consistent with federal laws, regulations or policies. Section 3. Proposition to Authorize Levy of Additional Regular Property Taxes; Affordable Housing Plan. The City submits to the qualified electors of the City a proposition as authorized by RCW 84.55.050(1), to exceed the levy limitation on regular property taxes contained in Chapter 84.55 RCW for property taxes levied in 2012 through 2018 for collection in 2013 through 2019, respectively. The proposition would also authorize an additional property tax levy for very low-income housing under RCW 84.52.105. The proposition would raise approximately $3,000,000 per year totaling an estimated $21,000,000 in aggregate over a period of up to seven years. A. The proposition would permit the City to increase its regular property tax levy by up to $0.12 per $1,000 of assessed valuation, resulting in a regular property tax levy of City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (4) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 $2.62 per $1,000 for collection in 2013. All the levy proceeds shall be used for the purposes specified in Section 5 of this ordinance. B. The proposition would also authorize the City to impose an additional regular property tax levy of up to $0.24 per $1,000 of assessed valuation for very low- income housing pursuant to RCW 84.52,105, The limitations in RCW 84.52.043 shall not apply to the tax levy authorized by this part. All the levy proceeds shall be used for the purposes specified in Section 5 of this ordinance and may not be imposed by the City Council until the City adopts an affordable housing financing plan as set forth in Section 6 of this ordinance. C. The taxes authorized by this proposition will be in addition to the maximum amount of regular property taxes the City would have been limited to by RCW 84.55.010 in the absence of voter approval under this ordinance, plus other authorized lid lifts. Thereafter, such levy amount would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Pursuant to RCW 84.55.050(5), the maximum regular property taxes that may be levied in 2019 for collection in 2020 and in later years shall be computed as if the limit on regular property taxes had not been increased under this ordinance. Section 4. LevyRevenues. A. Unless otherwise directed by ordinance, all revenues collected from the additional taxes authorized pursuant to this ordinance shall be deposited initially in the Low - Income Housing Fund to be used as set forth in Section 5 and as described in the Low Income Housing Administrative and Financing Plans, as may be adopted by the City Council under Sections 5 and 6 of this ordinance. The Finance Director is authorized to create other subfunds or accounts within the Low -Income Housing Fund as may be needed or appropriate to implement the purposes of this ordinance. B. Pending expenditure for the purposes authorized in this ordinance, amounts deposited in the Low -Income Housing Fund pursuant to this ordinance may be invested in any investments permitted by applicable law. All investment earnings on the balances shall be deposited into the Low -Income Housing Fund. Amounts received by the City from payments with respect to loans, recovery of grants, insurance proceeds or proceeds of sale or disposition of property ("program income") shall be deposited into the Low - Income Housing Fund unless otherwise specified by ordinance. Any investment earnings and program income derived from revenues collected from the additional taxes authorized pursuant to this ordinance shall be used for the purposes set forth in this ordinance and as authorized by the City Council. Section 5. Administration; Use of Proceeds. A. The levy funds shall be used to pay for affordable housing for low and very low-income households, pay for affordable housing programs, and otherwise to provide for the housing needs of low and very low-income households; provided that all funds raised from the levy authorized by RCW 84.52,105 shall be dedicated to affordable housing for very low-income households. City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (5) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 C The Planning and Community Development Department, or such other department as may be designated by ordinance, shall administer programs funded with the additional taxes authorized pursuant to this ordinance. Any programs adopted by the City Council for use of the funds derived under this ordinance shall be referred to as "Housing Levy Programs." Housing Levy Programs shall be implemented consistent with the Low Income Housing Administrative and Financing Plan, as may be adopted by the City Council and as may thereafter be amended from time to time. Anticipated Housing Levy Programs are shown in Exhibit 1, attached hereto. The City Council, upon recommendation of the Citizen Advisory Committee described in Section 7 of this ordinance, or upon recommendation of the Mayor or on its own motion, may review the allocations to particular Housing Levy Programs and make changes to the programs, including additions and deletions of programs and/or in the timing of or amount of funds allocated to any program, consistent with the purposes of this ordinance and applicable law. Administration funding shown on Exhibit 1 is intended to be used for administration of the use of levy proceeds for all programs, including but not limited to developing the Low Income Housing Administrative and Financing Plan, preparing and reviewing loan and grant applications, monitoring and auditing performance and compliance with loan, grant and program requirements, and paying for financial accounting, legal, and other administrative services necessary to implement the Housing Levy Programs. Section 6. Low Income Housing Administrative and Financing Plan. A. The Director of Planning and Community Development, or other such person as may be designated by the Director or the Mayor, shall prepare a Low Income Housing Administrative and Financing Plan ("Plan") covering all of the Housing Levy Programs, The Plan shall cover the period commencing in 2013 and continue through 2019; shall specify the plan for use of funds raised by the levy authorized by RCW 84.52.105; shall be consistent with either the locally adopted or state -adopted comprehensive housing affordability strategy, required under the Cranston -Gonzalez national affordable housing act (42 U.S.C. Sec. 12701, et seq.), as amended; and shall be approved by City Council prior to the additional property tax levy being imposed pursuant to RCW 84.52.105. B. The expenditure of all funds raised pursuant to this ordinance shall be as set forth in the Plan adopted by City Council. The City Council reserves the right to amend the Plan as it may in the future be determined as necessary or appropriate. The Plan should be done in coordination with the Consolidated Plan and Annual Action Plans required by HUD for expenditure of HOME and CDBG funds for the benefit of low income housing and community development needs in the City. C. The City Council shall appropriate from the Low -Income Housing Fund, as part of the City budget or supplementally, such monies derived from the levies authorized in this ordinance as it deems necessary to carry out the Housing Levy Programs. D. The Mayor, or other such person as may be designated by the Mayor, is authorized, for and on behalf of the City, to select projects for funding and to approve, make and modify loans, grants or other expenditures to carry out the Housing Levy Programs, provided that such authority is subject to the appropriation of sufficient funds and consistent with City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (6) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 the Plan approved by City Council pursuant to Sections 5 and 6. The Mayor and his or her designees are further authorized, for and on behalf of the City, to execute and deliver such documents and instruments as he or she may determine to be necessary or appropriate to implement the financing of specific projects or to otherwise carry out the Housing Levy Programs. Section 7. Citizen Advisory Committee. The Community Development Advisory Board ("CDAB"), established pursuant to BMC 2.46.010. shall advise the City Council, Mayor and the Director of Planning and Community Development regarding the Housing Levy Programs authorized by this ordinance. CDAB shall advise the Mayor and City Council on the Low Income Housing Administrative and Financial Plan prepared pursuant to Section 6 of this ordinance. CDAB shall also assist in monitoring the progress, performance and accomplishment of Housing Levy Programs, and report such findings to the Mayor and City Council, including any problems and recommendations on actions to be taken so that the Housing Levy Programs are conducted in a timely and efficient manner for the benefit of low-income households. Section 8. Election - Ballot Title. The City Council hereby requests that the Whatcom County Auditor, as ex officio supervisor of elections, submit to the qualified electorate of the City for a vote, at the November 6, 2012 general election, a proposition substantially in the form set forth in this ordinance. The City Clerk is directed to certify to the Whatcom County Auditor the ballot proposition to the electorate of the City in the form substantially as follows: PROPOSITION NO. 1 Low -Income Housing Levy The City of Bellingham Council adopted Ordinance No. 2012-_ concerning property taxes for low-income housing assistance. This proposition would fund housing and housing services for people with low or very low incomes, including those with disabilities, veterans, seniors, and families with children by (a) authorizing an increase in the City's regular property tax levy by up to $0.12/$1,000 to $2.62/$1,000 of assessed value as allowed by RCW 84.55; and (b) authorizing a regular property tax levy of up to $0.24/$1,000 of assessed value under RCW 84.52.105, each for seven years, generating approximately $3,000,000 annually. Should this proposition be approved? Yes? .............................. No?.. .... .... ................... City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (7) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 36 39 40 41 42 43 44 45 46 Section 9. Corrections. The Bellingham City Attorney's Office or the Auditor or her designee is authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener's or clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 10. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. PASSED by the Council this 18th day of June , 2012. Council Pr ident APPROVED by me this � day of IkAtl 2012. 0 A�1� - Director APP OVE A O F M: Office of the City Attorney Published: June 22, 2012 HOME FUND ORDINANCE Mayor City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 (8) 360-778-8270 1 2 3 4 EXHIBIT 1 2013 HOUSING LEVY PROGRAMS Estimated Housing Total Funding Produced/Households Pr ram (jYears) Assisted Program Description/Affordability Levels a Homes for people working at minimum wage, veterans, seniors on fixed incomes, and people exiting homelessness (households at or below 30% of median income) Production and 429 homes (serving 8,500 a Homes for local workers, working families up to 60% of Preservation of Homes $15,980,000 families over the useful life median income of these properties). a Affordable and specialized homes for veterans, people with disabilities, and seniors. a Rehabilitation and weatherization to increase affordability and preserve existing affordable homes a Supportive services matched to specialized homes for disabled veterans and chronically homeless individuals to help them retain their homes and reduce costly pre in Rental Assistance and hospital emergency department and other inappropriate Support Services $1,880.000 800 homes systems of pre a Temporary and long-term assistance to families and individuals to help preserve their housing, prevent eviction and homelessness (targeted households at or below 50% of median income Low-income homebuyer a Assistance to low-income homebuyers, including programs assistance $940,000 50 homes that promote long-term affordability of ownership housing tar eted to households at or below 80% of median income) Acquisition and a Short-term loans for strategic purchases of buildings or land Opportunity Loans $940,000 50 homes for rental or homeownership housing development that will I $1.260.000 n/a serve low-income households Administration City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (9) 360-778-8270 RECEIVED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 2012-06-033 JUL 2 2012 DEBBIE ADELSTEII WHATCOM COUNTY AUI AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LOW-INCOME HOUSING; REQUESTING THAT A SPECIAL ELECTION BE HELD CONCURRENT WITH THE NOVEMBER 6, 2012 GENERAL ELECTION FOR SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A PROPOSITION TO LIFT THE LIMIT ON REGULAR PROPERTY TAXES UNDER CHAPTER 84.56 RCW FOR LOW-INCOME HOUSING; DECLARING THE EXISTENCE OF AN EMERGENCY UNDER CHAPTER 84.52.106 AND REQUESTING VOTER APPROVAL OF AN ADDITIONAL PROPERTY TAX FOR VERY LOW-INCOME HOUSING; PROVIDING FOR THE EXPIRATION OF THE ADDITIONAL LEVIES AT THE END OF SEVEN YEARS; SETTING FORTH THE BALLOT PROPOSITION; DESIGNATING A CITIZEN LEVY ADVISORY COMMITTEE; AND PROVIDING FOR IMPLEMENTATION OF PROGRAMS WITH FUNDS DERIVED FROM THE TAXES AUTHORIZED. WHEREAS, Equity and Social Justice is a legacy that the City Council has adopted for the City of Bellingham; WHEREAS, Supporting safe, .affordable housing, supporting services for lower - income residents, and providing access to problem -solving resources are the strategic commitments the City Council has made to ensure Equity and Social Justice; WHEREAS, a healthy community is one in which all members have access to basic needs such as safe, secure and affordable homes and, despite the recent decline in home purchase prices, homes remain unaffordable for a significant percentage of Bellingham residents; WHEREAS, households face a severe burden when housing costs (including utilities) exceed 50 percent of household income; WHEREAS, U.S. Census data has estimated that there are 7,400 low-income households in Bellingham that face a severe housing cost burden by paying more than 50 percent of their income on housing costs; WHEREAS, over 1,000 low-income elderly households in Bellingham pay more than 50 percent of their income on housing costs and face challenges in repairing their homes without financial assistance; WHEREAS, at any point in time, 500 people are homeless in Whatcom County, according to the annual Point -in -Time Count, and 20 percent of all people experiencing homelessness in Bellingham are children under 10 years of age, with adverse childhood experiences that have profound and long-lasting negative consequences; WHEREAS, local housing affordability efforts save public money by reducing expenses for social services, emergency room medical care, triage, law enforcement and City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (1) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 other costs associated with temporary and chronic homelessness, with two local programs recently documenting that housing services resulted in increased access to mental health services and a 90 percent reduction in criminal justice costs; . WHEREAS, recent investments of new, but very limited, grant funds resulted in significant reductions in local homelessness, with 37 percent fewer homeless persons with disabilities, 65 percent fewer homeless veterans, and 41 percent fewer homeless persons overall; WHEREAS, the Bellingham Housing Authority has 1,608 families on the waiting list for public housing, 72 percent of which earn less than 30% of the Area Median Income and 44 percent are families with disabilities, - WHEREAS, the Bellingham Housing Authority has 400 households on the waiting list for rental assistance vouchers, with an average waiting time to receive assistance of more than four years; WHEREAS, nearly one-third of Bellingham's housing stock is over 50 years old, requiring repair, maintenance and weatherization that is often not affordable to low-income households; WHEREAS, local wages are not keeping pace with Bellingham's housing costs, with average apartment rent increasing 17 percent while average wages increased only 5 percent since 2004; WHEREAS, according to the U.S. Census, the median value of homes increased 96 percent from 2000 to 2010, while median family income increased just 23 percent; WHEREAS, more affordable housing options near employment centers are good for the environment, preventing long commutes with associated pollution, commuting expenses, traffic congestion and road widening costs; WHEREAS, the Countywide Housing Affordability Taskforce (CHAT) concluded its 18 month study and deliberation about housing affordability with a set of conclusions that included among its top six recommendations the creation of additional local revenue sources that assist in the delivery of homes affordable to low-income households; WHEREAS, the proposed Bellingham Home Fund will result in $21,000,000 in local funding that will be used as matching money to leverage other private and public funding for housing affordability, serving an estimated 8,500 families over the useful life of the properties that will be assisted with the Bellingham Home Fund; WHEREAS, as a condition of receiving federal funding for low-income housing, the City of Bellingham administers an affordable housing program with citizen oversight, including preparation of five-year strategic plans, performance measures and outcomes, and annual action plans; City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (2) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City of Bellingham can efficiently administer the proposed Bellingham Home Fund in conjunction with its existing programs that manage federal funding for housing affordability; WHEREAS, Chapter 84.55 RCW generally limits the dollar amount of regular property taxes that a city may levy in any year, but RCW 84.55.050 allows a city to levy taxes exceeding such limit by majority approval of the voters and allows a city to include in the ballot proposition a limit on the purpose for which the additional taxes levied will be used and to provide for the expiration of the additional taxing authority; WHEREAS, the proposed additional levy is within the limitations imposed by RCW 84.52.043; WHEREAS, RCW 84.52.105 authorizes a city to impose additional regular property tax levies to finance affordable housing for very low-income households when specifically authorized to do so by a majority of the voters of the taxing district voting on a ballot proposition authorizing the levy; and WHEREAS, RCW 35,21.685 authorizes a city to assist in the development or preservation of publicly or privately owned housing for persons of low income by providing loans or grants of general municipal funds to the owners or developers of the housing, including loans or grants to finance the acquisition, construction or rehabilitation of low- income housing, and to provide rental assistance and other supportive services, to low- income persons; NOW THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN: Section 1. Finding§. The City Council makes the following findings and declares as follows: A. The City's Consolidated Plan and Housing Element of the Comprehensive Plan identify insufficient safe, sanitary, and decent housing affordable to low- and very low-income households to meet the present and anticipated needs of such households, including homes affordable for local working people, U.S. military veterans, families with children, people with limited or fixed incomes including senior citizens and people having a disability. B. Affordable rental housing for low-income households, including the homeless, other persons with special needs, families and seniors, often requires a commitment of City funds for development or preservation, or other forms of assistance. C. Promoting and preserving home ownership for low-income households contributes to the stability of families and neighborhoods; helps preserve the physical condition of residential properties; and addresses the shortage of safe, sanitary, affordable housing both by maintaining and enhancing the supply of owner -occupied housing and by limiting the demand for scarce low-income rental housing that otherwise would exist from households unable to afford to purchase homes or to maintain existing homes. City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (3) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 D. The additional taxes to be levied under this ordinance will enable the City to provide for the housing needs of low- and very low-income households and thereby work to fulfill the purposes of federal, state and City laws and policies, including, without limitation, the federal HOME Investment Partnerships Act, federal Community Development Block Grant, the State Growth Management Act and the City's Comprehensive Plan. E. An emergency exists with respect to the availability of housing that is affordable to very low-income households in the City of Bellingham. Section 2. Definitions. The following terms used in this ordinance shall have the definitions stated below, unless the context otherwise clearly requires: A. "Affordable housing" means residential housing for rental or private individual ownership which, as long as the same is occupied by low-income households, requires payment of monthly housing costs, including utilities, other than telephone, of no more than 30 percent of the household's income. B. "Low-income housing" means housing that will serve "low-income households." C. "Household" means a single person, family or unrelated persons living together. D. "Low-income household" means a household with income less than or equal to eighty percent (80%) of median income. E. "Median income" means annual median family income for the statistical area or division thereof including Bellingham for which median family income is published from time to time by the U.S. Department of Housing and Urban Development, or successor agency, with adjustments according to household size. F. "Very low-income household" means a household with income less than or equal to 50 percent of median income. To the extent permitted by applicable State law, income determinations may take into account such exclusions, adjustments and rules of computation as may be prescribed or used under federal housing laws, regulations or policies for purposes of establishing income limits, or as may be established in City housing and community development plan documents consistent with federal laws, regulations or policies. Section 3. Proposition to Authorize Levy of Additional Reaular Property Taxes Affordable Housing Plan. The City submits to the qualified electors of the City a proposition as authorized by RCW 84.55.050(1), to exceed the levy limitation on regular property taxes contained in Chapter 84.55 RCW for property taxes levied in 2012 through 2018 for collection in 2013 through 2019, respectively. The proposition would also authorize an additional property tax levy for very low-income housing under RCW 84.52.105. The proposition would raise approximately $3,000,000 per year totaling an estimated $21,000,000 in aggregate over a period of up to seven years. A. The proposition would permit the City to increase its regular property tax levy by up to $0.12 per $1,000 of assessed valuation, resulting in a regular property tax levy of City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (4) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 $2.62 per $1,000 for collection in 2013. All the levy proceeds shall be used for the purposes specified in Section 5 of this ordinance. B. The proposition would also authorize the City to impose an additional regular property tax levy of up to $0.24 per $1,000 of assessed valuation for very low- income housing pursuant to RCW 84.52.105. The limitations in RCW 84.52.043 shall not apply to the tax levy authorized by this part. All the levy proceeds shall be used for the purposes specified in Section 5 of this ordinance and may not be imposed by the City Council until the City adopts an affordable housing financing plan as set forth in Section 6 of this ordinance. C. The taxes authorized by this proposition will be in addition to the maximum amount of regular property taxes the City would have been limited to by RCW 84.55.010 in the absence of voter approval under this ordinance, plus other authorized lid lifts. Thereafter, such levy amount would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Pursuant to RCW 84.55.050(5), the maximum regular property taxes that may be levied in 2019 for collection in 2020 and in later years shall be computed as if the limit on regular property taxes had not been increased under this ordinance. Section 4. Levy Revenues. A. Unless otherwise directed by ordinance, all revenues collected from the additional taxes authorized pursuant to this ordinance shall be deposited initially in the Low - Income Housing Fund to be used as set forth in Section 5 and as described in the Low Income Housing Administrative and Financing Plans, as may be adopted by the City Council under Sections 5 and 6 of this ordinance. The Finance Director is authorized to create other subfunds or accounts within the Low -Income Housing Fund as may be needed or appropriate to implement the purposes of this ordinance. B. Pending expenditure for the purposes authorized in this ordinance, amounts deposited in the Low -Income Housing Fund pursuant to this ordinance may be invested in any investments permitted by applicable law. All investment earnings on the balances shall be deposited into the Low -Income Housing Fund. Amounts received by the City from payments with respect to loans, recovery of grants, insurance proceeds or proceeds of sale or disposition of property ("program income") shall be deposited into the Low - Income Housing Fund unless otherwise specified by ordinance. Any investment earnings and program income derived from revenues collected from the additional taxes authorized pursuant to this ordinance shall be used for the purposes set forth in this ordinance and as authorized by the City Council. Section 5. Administration; Use of Proceeds. A. The levy funds shall be used to pay for affordable housing for low and very low-income households, pay for affordable housing programs, and otherwise to provide for the housing needs of low and very low-income households; provided that all funds raised from the levy authorized by RCW 84,52.105 shall be dedicated to affordable housing for very low-income households. City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (5) 360-778-8270 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 L C The Planning and Community Development Department, or such other department as may be designated by ordinance, shall administer programs funded with the additional taxes authorized pursuant to this ordinance. Any programs adopted by the City Council for use of the funds derived under this ordinance shall be referred to as "Housing Levy Programs." Housing Levy Programs shall be implemented consistent with the Low Income Housing Administrative and Financing Plan, as may be adopted by the City Council and as may thereafter be amended from time to time. Anticipated Housing Levy Programs are shown in Exhibit 1, attached hereto. The City Council, upon recommendation of the Citizen Advisory Committee described in Section 7 of this ordinance, or upon recommendation of the Mayor or on its own motion, may review the allocations to particular Housing Levy Programs and make changes to the programs, including additions and deletions of programs and/or in the timing of or amount of funds allocated to any program, consistent with the purposes of this ordinance and applicable law. Administration funding shown on Exhibit 1 is intended to be used for administration of the use of levy proceeds for all programs, including but not limited to developing the Low Income Housing Administrative and Financing Plan, preparing and reviewing loan and grant applications, monitoring and auditing performance and compliance with loan, grant and program requirements, and paying for financial accounting, legal, and other administrative services necessary to implement the Housing Levy Programs. Section 6. Low Income Housing Administrative and Financing Plan. A. The Director of Planning and Community Development, or other such person as may be designated by the Director or the Mayor, shall prepare a Low Income Housing Administrative and Financing Plan ("Plan") covering all of the Housing Levy Programs. The Plan shall cover the period commencing in 2013 and continue through 2019; shall specify the plan for use of funds raised by the levy authorized by RCW 84.52.105; shall be consistent with either the locally adopted or state -adopted comprehensive housing affordability strategy, required under the Cranston -Gonzalez national affordable housing act (42 U.S.C. Sec. 12701, et seq.), as amended; and shall be approved by City Council prior to the additional property tax levy being imposed pursuant to RCW 84.52.105. B. The expenditure of all funds raised pursuant to this ordinance shall be as set forth in the Plan adopted by City Council. The City Council reserves the right to amend the Plan as it may in the future be determined as necessary or appropriate. The Plan should be done in coordination with the Consolidated Plan and Annual Action Plans required by HUD for expenditure of HOME; and CDBG funds for the benefit of low income housing and community development needs in the City. C. The City Council shall appropriate from the Low -Income Housing Fund, as part of the City budget or supplementally, such monies derived from the levies authorized in this ordinance as it deems necessary to carry out the Housing Levy Programs. D. The Mayor, or other such person as may be designated by the Mayor, is authorized, for and on behalf of the City, to select projects for funding and to approve, make and modify loans, grants or other expenditures to carry out the Housing Levy Programs, provided that such authority is subject to the appropriation of sufficient funds and consistent with HOME FUND ORDINANCE City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 (6) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 the Plan approved by City Council pursuant to Sections 5 and 6. The Mayor and his or her designees are further authorized, for and on behalf of the City, to execute and deliver such documents and instruments as he or she may determine to be necessary or appropriate to implement the financing of specific projects or to otherwise carry out the Housing Levy Programs. Section 7. Citizen Advisory Committee. The Community Development Advisory Board ("CDAB"), established pursuant to BMC 2.46.010, shall advise the City Council, Mayor and the Director of Planning and Community Development regarding the Housing Levy Programs authorized by this ordinance. CDAB shall advise the Mayor and City Council on the Low Income Housing Administrative and Financial Plan prepared pursuant to Section 6 of this ordinance. CDAB shall also assist in monitoring the progress, performance and accomplishment of Housing Levy Programs, and report such findings to the Mayor and City Council, including any problems and recommendations on actions to be taken so that the Housing Levy Programs are conducted in a timely and efficient manner for the benefit of low-income households. Section 8. Election - Ballot Title. The City Council hereby requests that the Whatcom County Auditor, as ex ohficio supervisor of elections, submit to the qualified electorate of the City for a vote, at the November 6, 2012 general election, a proposition substantially in the form set forth in this ordinance. The City Clerk is directed to certify to the Whatcom County Auditor the ballot proposition to the electorate of the City in the form substantially as follows: PROPOSITION NO. 1 Low -Income Housing Levy The City of Bellingham Council adopted Ordinance No. 2012-_ concerning property taxes for low-income housing assistance. This proposition would fund housing and housing services for people with low or very low incomes, including those with disabilities, veterans, seniors, and families with children by (a) authorizing an increase in the City's regular property tax levy by up to $0.12/$1,000 to $2.62/$1,000 of assessed value as allowed by RCW 84.55, and (b) authorizing a regular property tax levy of up to $0.241$1,000 of assessed value under RCW 84.52.105, each for seven years, generating approximately $3,000,000 annually. Should this proposition be approved? Yes?. . ............... ........... El No?.. ............................. F City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (7) 360-778-8270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 9. Corrections. The Bellingham City Attorney's Office or the Auditor or her designee is authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener's or clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 10. Severabilify. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. PASSED by the Council this 18th day of June , 2012. Council Pr tdent APPROVED by me this I) q Ad day of J, 2012, Mayor APP OVE A O7M- F Office of the City Aitorney Published: June 22, 2012 City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 HOME FUND ORDINANCE (8) 360-778-8270 1 2 3 4 EXHIBIT 1 2013 HOUSING LEVY PROGRAMS Estimated Housing Total Funding Produced/Households Program 7 Years Assisted Program Description/Affordability Levels a Homes for people working at minimum wage, veterans, seniors on fixed incomes, and people exiting homelessness (households at or below 30% of median income) Production and 429 homes (serving 8,500 a Homes for local workers, working families up to 60% of Preservation of Homes $15,980,000 families over the useful life median income of these properties). a Affordable and specialized homes for veterans, people with disabilities, and seniors. a Rehabilitation and weatherization to increase affordability and preserve e)asting affordable homes • Supportive services matched to specialized homes for disabled veterans and chronically homeless individuals to help them retain their homes and reduce costly pre in Rental Assistance and hospital emergency department and other inappropriate Support Services $1,880.000 800 homes systems of care a Temporary and long-term assistance to families and individuals to help preserve their housing, prevent eviction and homelessness (targeted households at or below 50% of median income) — Low -income homebuyer a Assistance to low-income homebuyers, including programs assistance $940•000 50 homes that promote long-term affordability of ownership housing (targeted to households at or below 80% of median income) a Short-term loans for strategic purchases of buildings or land Acquisition and Opportunity Loans $940,000 50 homes for rental or homeownership housing development that will serve low-income households Administration ! $1,260,000 n/a HOME FUND ORDINANCE (9) City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 360-778-8270