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ORDINANCE NO. 2012- 006 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CREATING PART 2 OF CHAPTER 308, INDIAN RIVER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ACQUISITION, REHABILITATION, AND SALE PROCESS; PROVDING FOR ESTABLISHMENT OF PROCEDURES FOR COUNTY ACQUISITION, REHABILITATION AND SALE OF FORECLOSED OR ABANDONED PROPERTIES WITH NSP FUNDS; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, The United States Congress enacted the Housing and Economic Recovery Act of 2008, providing for emergency assistance for the redevelopment of abandoned and foreclosed homes; and WHEREAS, the Neighborhood Stabilization Program (NSP) was a part of the Act; and WHEREAS, Congress authorized funding in the amount of $2,000,000,000 in order to carry out the purpose of the Act; and WHEREAS, Indian River County, in 2009, was awarded $4,680,825 in Neighborhood Stabilization Program funds in the form of a Community Development Block Grant; and WHEREAS, the NSP permitted participating Counties to enter into agreements with qualified sub - recipients such as the Indian River County Housing Authority so that the Housing Authority could participate in the Neighborhood Stabilization Program and acquire, rehabilitate, and sell foreclosed or abandoned homes; and WHEREAS, the Indian River County Housing Authority has terminated its NSP agreement with the County, however the County desires to continue participating in the NSP and acquire, rehabilitate, and sell foreclosed or abandoned homes which duties were formerly performed by the Housing Authority; and WHEREAS, the County will acquire title to NSP properties in its own name only for the amount of time it takes to rehabilitate the properties before they are sold to low or moderate income households which are the only purchasers who are eligible to buy the NSP houses WHEREAS, ordinarily, a County may sell real property only via the competitive bidding process found in § 125.35, Fla. Stat. (2011), however, the competitive bidding process does not apply to NSP home sales because • the sale is conducted pursuant to a federal act which supersedes state and local law • the homes may be sold only to low or moderate income households which negates the need for any bidding process • the Housing and Economic Recovery Act of 2008 and the American Recovery and Reinvestment Act of 2009 both recite that the Acts were emergency in nature, which negates the competitive bidding process WHEREAS, in order to run the NSP in a fair and equitable manner in compliance with the County Comprehensive Plan and in the abundance of caution, the Board desires to set forth in ordinance the processes for the acquisition, rehabilitation and sale of foreclosed or abandoned homes