(A) (1) Any two or more cities, villages or counties or any combination thereof, may by resolution of their separate governing bodies, determine that there is a need for a Joint Housing Authority to provide decent, safe and sanitary housing for persons of low income living in a multi-jurisdictional area and that this need would be more efficiently served by the establishment of the Joint Housing Authority. The Joint Housing Authority shall have perpetual existence; except that any city, village or county as the case may be, may withdraw from participation in the Joint Housing Authority by resolution of its City Council only under conditions set out in state law. The area of operation of the Joint Housing Authority would be an area equivalent to the total areas of operation which the housing authorities, if created separately by cities, villages or counties establishing the joint authority would have. The creation of subsequent housing authorities shall not affect the area of operation or territorial jurisdiction of any existing housing authority. Whenever a Joint Housing Authority is created, it shall bear such name as the political subdivision or subdivisions creating it shall choose and such name shall include the words Joint Housing Authority.
(2) When it is determined by resolution of the governing bodies of two or more cities, villages or counties or any combination thereof, that it is expedient to create a Joint Housing Authority and to participate therein, the governing bodies shall appoint persons who shall be residents of the area of operations of the Authority and who shall constitute the Joint Housing Authority and the persons shall be called Commissioners. The Commissioners shall be appointed as follows:
(a) When two political subdivisions constitute the participating members in the Joint Authority, each shall appoint two persons to act as Commissioners and the Commissioners shall elect a fifth person to act as a Commissioner;
(b) When three political subdivisions constitute the participating members in the Joint Authority, each shall appoint one person to act as a Commissioner and the Commissioners shall elect a fourth and fifth person to act as Commissioners;
(c) When four political subdivisions constitute the participating members in the Joint Authority, each shall appoint one person to act as Commissioner and the Commissioners shall elect a fifth person to act as a Commissioner; and
(d) When five or more political subdivisions constitute the participating members in the Joint Authority, each shall appoint one person to act as Commissioner.
(3) Each Commissioner shall serve a term of five years from the date of his or her appointment. All vacancies shall be filled for the unexpired term by the entity originally appointing the Commissioner. Tenancy in a project established by a Joint Housing Authority shall not preclude the appointment of any person to serve as a Commissioner of the Joint Housing Authority. After a Joint Housing Authority has been created, additional political subdivisions may elect to participate as members of the Joint Housing Authority after compliance with Neb. RS 71-1523, if the majority of existing Commissioners in the Joint Housing Authority and all participating political subdivisions by their respective governing bodies consent to the additional member. A Joint Housing Authority having 12 or more Commissioners may, by resolution, establish an Executive Committee of at least five, but not more than seven, Commissioners. The Committee shall have the powers over the management and operation of the Joint Housing Authority as the Commissioners of the Joint Housing Authority shall specify and shall declare in the resolution. No person shall serve as a Commissioner unless he or she resides within the area of operation of the Joint Housing Authority involved.
(Prior Code, § 2-216)
(B) (1) The local housing authority established under prior state law and in existence on 1-1-2000 shall have continued existence as a housing agency under the State Housing Agency Act.
(2) The local housing agency shall conduct its operations consistent with the State Housing Agency Act. All property, rights in land, buildings, records and equipment and any funds, money, revenue, receipts or assets of the authority belong to the agency as successor. All obligations, debts, commitments and liabilities of the authority are obligations, debts, commitments and liabilities of the successor agency.
(3) Any resolution by the authority and any action taken by the authority prior to 1-1-2000, with regard to any project or program which is to be completed within or to be conducted for a 12-month period following 1-1-2000 and which resolution or action is lawful under state law as it existed prior to 1-1-2000, is a lawful resolution or action of the successor agency and binding upon the successor agency and enforceable by or against the agency notwithstanding that the resolution or action is inconsistent with, not authorized by or prohibited under the provisions of the State Housing Agency Act.
(4) All commissioners of the local housing agency and all officers, legal counsel, technical experts, directors and other appointees or employees of the agency holding office or employment by virtue of any prior law on 1-1-2000, shall be deemed to have been appointed or employed under the State Housing Agency Act.
(Prior Code, § 2-217)
Statutory reference:
Local housing agencies, see Neb. RS 71-1572 through 71-1580
Related provisions, see Neb. RS 71-1576