ORDINANCE NO. 9129

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER I, ARTICLE 14, SECTION 1-1404, REPEALING EXISTING SECTION 1-1404, REPEALING EXISTING CHAPTER I, ARTICLE 18, AND ENACTING, IN ITS PLACE, CHAPTER I, ARTICLE 18 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION AND AMENDMENTS THERETO, PERTAINING TO THE AFFORDABLE HOUSING ADVISORY BOARD.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Section 1-1404 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended and shall read as follows:

1-1404 SAME; BOARD DUTIES.

The duties of the board shall be as follows. (Ord. 8501)

(A) As part of the annual City Budget, the board shall review requests and make recommendations to the City Commission on the use of the following City resources:

(1) Special Alcohol and Drug Abuse Funds, excluding the use of funds by City departments, using the criteria as outlined in Charter Ordinance No. 33; and

(2) Resources in the City’s General Operating Fund for social service agencies;.

~~(3)~~ Resources in the City’s Housing Trust Fund for projects that encourage and support the acquisition, rehabilitation, and development of affordable housing and/or emergency shelter and supportive services necessary to maintain independent living with dignity.

(B) Recommend to the City Commission such reporting requirements on the use of the City Funds as the Board determines appropriate.

(C) Evaluate the use of City Funds by recipients and report to the City Commission on such findings and determinations as the Board determines appropriate.

SECTION 2. Existing Chapter VI, Article 6, Section 6-108.17 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that Section 1 of this Ordinance supersede it.

SECTION 3. Existing Chapter I, Article 18, of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that Section 4 of this Ordinance supersede it.

SECTION 4. Chapter I, Article 18, of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby enacted:

ARTICLE 18. AFFORDABLE HOUSING ADVISORY BOARD

1-1801 PURPOSE.

In order to advance the health, safety, and welfare of all residents of the City of Lawrence, it is the goal of the Governing Body that all persons in the community have access to affordable housing and supportive services necessary to maintain independent living with dignity. To those ends, the Governing Body hereby establishes the Affordable Housing Advisory Board to oversee and to make certain recommendations regarding the Affordable Housing Trust Fund.

1-1802 AFFORDABLE HOUSING ADVISORY BOARD; ESTABLISHMENT; MEMBERSHIP; TERMS OF OFFICE; APPOINTMENT OF CHAIR.

(a) There is hereby established the Affordable Housing Advisory Board ("Board"). The Board shall be composed of not more than nine (9) persons. The Board will be composed of:

(1) one representative of the City of Lawrence, Kansas, appointed by the Governing Body;

(2) one representative of Douglas County, Kansas, appointed by the Board of County Commissioners of Douglas County, Kansas;

(3) one representative of the Lawrence-Douglas County Housing Authority, or any successor in interest;

(4) one representative of Family Promise of Lawrence, or any successor in interest;

(5) one representative of Lawrence Habitat for Humanity, or any successor in interest;

(6) one representative of Tenants to Homeowners, Inc., or any successor in interest;

(7) one representative -- who shall be a current or former resident of subsidized housing -- of persons residing in subsidized housing, appointed by the Governing Body;

(8) one representative of Justice Matters of Lawrence, or any successor in interest; and

(9) one representative of the Lawrence Home Builders Association, or any successor in interest.

(b) Members of the Board shall serve three (3) year terms, except when appointed to complete an unexpired term. As established by the bylaws, the terms of Board members shall be staggered so that no more than one-third of the Board's terms shall expire each year. It is the intent of the Governing Body that there be no term limits on members serving on the Board. All members of the Board shall serve without compensation.

1-1803 SAME; BYLAWS AND MEETINGS.

The Board shall adopt bylaws governing the procedures to be used by the Board. The bylaws shall establish specific duties and responsibilities of the Chair, the time and place for meetings, rules of order, and other rules governing procedures and operations of the Board, including procedures for amending the bylaws.

1-1804 SAME; MINUTES.

The Board shall prepare and approve minutes of its meetings and shall forward the same to the City Commission.

1-1805 SAME; OPEN MEETINGS AND OPEN RECORDS.

All meetings of the Board shall be held in compliance with the Kansas Open Meetings Act and its records shall be subject to the Kansas Open Records Act.

1-1806 SAME; AFFORDABLE HOUSING TRUST FUND

The name of the Housing Trust Fund is hereby changed to the Affordable Housing Trust Fund. The purpose of the Affordable Housing Trust Fund is to acquire, rehabilitate, and develop affordable housing and supportive services so that all persons in the community have access to independent living with dignity.

1-1807 SAME; BOARD DUTIES.

The Board shall be an advisory board to the Governing Body on all matters relating to the City's implementation and use of the Affordable Housing Trust Fund. The Board shall have the following purpose and duties:

(a) To advise the Governing Body regarding issues affecting affordable housing and supportive services in the community.

(b) To oversee and to facilitate the purpose of the Affordable Housing Trust Fund, which is to acquire, rehabilitate, and develop affordable housing and supportive services so that all persons in the community have access to independent living with dignity;

(c) To make recommendations to the Governing Body regarding the expenditure of money from the Affordable Housing Trust Fund in order to fund projects, as reviewed and approved by the Board, that are consistent with the purpose of the Affordable Housing Trust Fund; and

(d) To make recommendations to the Governing Body regarding the cultivation and maintenance of steady and various streams of income to fund the Affordable Housing Trust Fund. However, the Board shall not apply for any grant without prior approval of the Governing Body; nor shall it accept any gift or donation without prior approval of the Governing Body.

1-1808 SAME; EXPENDITURE OF AFFORDABLE HOUSING TRUST FUND MONEY

After the Governing Body has approved, for any project, the expenditure of money from the Affordable Housing Trust Fund, the Board shall distribute said money to the Community Development Division of the Department of Planning and Development Services, which Department shall then disburse said money pursuant to the direction of the Governing Body and in accordance with the City's purchasing policy.

1-1809 SAME; ANNUAL REPORT.

The Board shall make annual reports to the Governing Body, no later than March 1 of each year, recounting Board activities of the preceding calendar year. Such reports shall, at a minimum, disclose all financial transactions involving monies raised and received by the Board, including gifts and donations, and all projects which the Board recommended and for which the Governing Body approved expenditures of money from the Affordable Housing Trust Fund. The annual report shall be filed with the City Clerk.

SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 6. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _____day of July, 2015.

APPROVED:

_____________________________

Jeremy Farmer

Mayor

ATTEST:

__________________________________

Diane Bucia

Acting City Clerk

APPROVED AS TO FORM:

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return Proof of Publication to the City Clerk and one to the City Attorney.