(A) Rights and duties of Housing Agency. The previously created and existing Housing Authority shall continue to exist as a Housing Agency under the state’s Housing Agency Act, being Neb. RS 71-1572 to 71-15,168 and shall hereafter conduct its operations consistent with the said Act, being Neb. RS 71-1572 to 71-15,168. It shall be named the “Cozad Housing Agency” and all property, rights and land, buildings, records and equipment and any funds, money, revenue, receipts or assets of the Housing Authority shall belong to the city’s Housing Agency as successor. All obligations, debts, commitments and liabilities of the Housing Authority shall become obligations, debts, commitments and liabilities of the city’s Housing Agency. Any previously passed resolutions of the Housing Authority and any actions taken by the Housing 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 exists prior to the operative date of LB-105 shall be a lawful resolution or action of the city’s Housing Agency, binding upon and enforceable by or against the city’s Housing Agency, not withstanding that such resolution or action is inconsistent with, not authorized or prohibited under the provisions of the state’s Housing Agency Act, being Neb. RS 71-1572 to 71-15,168. All Commissioners of the Housing Authority and all officers, legal counsel, technical experts, directors and other appointees or employees of the Housing Authority holding office or employment by virtue of any such prior law on 1-1-2000 shall be deemed to have been appointed or employed under the state’s Housing Agency Act, being Neb. RS 71-1572 to 71-15,168.
(1976 Code, § 2-307)
(B) Housing Agency Board. The Mayor/President shall appoint, subject to confirmation or denial of the Council, five persons who, along with the Resident Commissioner, if any, shall constitute the Housing Agency Board, and such persons shall be called the Commissioners. One Commissioner shall be appointed each year. Each Commissioners shall serve a five-year term of office or until his or her successor is duly appointed and qualified; provided that, all vacancies shall be filled for the unexpired terms. The Council may appoint one of its members to serve as one of the five members of such Housing Agency for such term as the Council may determine. No person shall serve as a Commissioner unless he or she resides within the area of operation of the city’s Housing Agency. A certificate of the appointment or reappointment of any Commissioner shall be filed with the City Clerk and such certificate shall be conclusive evidence of the proper appointment of such Commissioner. The Commissioner shall receive no compensation for his or her services, but he or she shall be entitled to the necessary expenses, including travel expenses, incurred in discharge of his or her duties as provided by Neb. RS 81-1179 thru 81-1177. A majority of Commissioners shall constitute a quorum of the Agency for the purpose of conducting its business, exercising its powers and for all other purposes. Action may be taken by the Agency upon the vote of the majority of the Commissioners present and voting, unless the by-laws of the Agency or the ordinance creating the Agency require a larger number. The Commissioners shall elect a Chairperson and Vice-Chairperson from among the Commissioners and shall have the power to employ an executive director who shall serve as ex officio secretary of the Agency. The Agency may also employ legal counsel for said services as it may require. It may employ accountants, appraisers, technical experts and such other officers, agents and employees as it may require and shall determine their qualifications, duties, compensations and terms of office. The Agency may delegate such other powers and duties to its agents or employees, as it may deem proper. During his or her tenure and for one year thereafter, no Commissioner, officer or employee of the Housing Agency shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contact or proposed contact relating to a housing project. If any such Commissioners, officer or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as Commissioner, officer or employee, he or she shall immediately disclose his or her interest in writing to the Agency, and such disclosure shall be entered upon the minutes of the Agency, and he or she shall not participate in any action by the Agency relating to the property or contract in which he or she has any such interest. Any violation of the provisions of this section shall constitute misconduct in office. This prohibition shall not apply to the acquisition of any interest in notes or bonds of the Agency issued in connection with any housing project, or to the execution of the agreements by banking institutions for deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency. This section shall not be construed to preclude, regulate or restrict the participation of any tenant of the Agency from serving, if appointed, as a Commissioner of such authority, but he or she may not participate in any decision solely affecting his or her individual interest.
(1976 Code, § 2-308)
(C) Appointment of resident Commissioner. A sixth Commissioner, to be known as the Resident Commissioner, shall be appointed to the governing body by the President of the City Council, subject to confirmation or denial by the Council. To select the initial Resident Commissioner, or to fill subsequent vacancies in the position, the Housing Agency shall notify any Resident Advisory Board or other resident organization and all adult persons directly assisted by such Agency, to the effect that the position of Resident Commissioner is open and that if any such person is interested in being considered as a candidate for the position, such person should notify the Housing Agency, in writing, within 30 days of the person’s willingness to be considered and to serve as Resident Commissioner. The names of all persons interested who have notified the Housing Agency of their interests in so serving shall be forwarded to the President of the Council and the Resident Commissioner shall be appointed from the list of names, subject to confirmation by the Council. Upon the appointment of a Resident Commissioner, the certificate of appointment shall state the term is for five years or when no longer an eligible resident, whichever occurs first. In the event that no qualified person has submitted his or her name to the Housing Agency as being interested as a candidate for the position and the Housing Agency has received no notification of interest in serving as Resident Commissioner by any person, no Resident Commissioner shall be required to be selected. In the event a Resident Commissioner is appointed and resigns from the position prior to completion of the appointed term, or is no longer an eligible resident, or is otherwise disqualified or removed from the Board, and a vacancy is created, the Housing Agency shall solicit new candidate(s) for the position following the same procedure set forth above. In the event that no Resident Commissioner is selected and the position is unfilled, the Agency shall renotify all adult persons directly assisted by the Agency that the position of Resident Commissioner is open and solicit these persons for candidates for the position not less than once annually.
(1976 Code, § 2-309)
(D) Removal of Commissioners. The Mayor/President may remove a Commissioner for neglect of duty, misconduct in office or conviction of any felony, in the manner prescribed hereinafter. The Mayor/President shall send a notice of removal to such Commissioner, which notice shall set forth the charges against him or her. Unless within ten days from the receipt of such notice, the Commissioner files with the Clerk a request for a hearing before the Council, the Commissioner shall be deemed removed from office. If a request for a hearing is filed with the Clerk, the Council shall hold a hearing not sooner than ten days after the date a hearing is requested, at which time the Commissioner shall have the right to appear in person or by counsel and the Council shall determine whether the removal shall be upheld. If the removal is not upheld, the Commissioner shall continue to hold his or her office.
(1976 Code, § 2-310)
(E) Autonomy of Agency. The city’s Housing Agency is a political subdivision, independent from the city and operated by the Housing Agency. The Housing Agency shall constitute a public body, corporate and politic, and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of the state’s Housing Agency Act, being Neb. RS 71-1572 to 71-15,168.
(1976 Code, § 2-311)
(F) Housing Agency Act adopted. Except as otherwise herein specifically provided, the definitions, terms, provisions and conditions set forth in the state statutes under the state’s Housing Agency Act, being Neb. RS 71-1572 to 71-15,168 are hereby adopted by reference, as they now exist, or may hereafter be amended, for the operation and management of the city’s Housing Agency, and the Housing Agency Commission shall fully comply with and be governed by the terms of the state’s Housing Agency Act, being Neb. RS 71-1572 to 71-15,168.
(1976 Code, § 2-312)
(G) Policies and procedures.
(1) The Housing Agency shall adopt and promulgate fair and equitable policies establishing a plan for selection of applicants.
(2) The plan shall include standards for eligibility, procedures for prompt notification of eligibility or disqualification and procedures for maintaining a waiting list of eligible applicants for whom vacancies are not immediately available.
(3) Eligible applicants shall be offered available vacancies as provided in such policies.
(1976 Code, § 2-313)
(H) Rules and regulations. The Housing Agency may adopt, promulgate and enforce rules and regulations related to carrying out the purposes of the local housing agency and exercising its powers and to amend or repeal such rules and regulations from time to time.
(1976 Code, § 2-314)
(I) Annual reports. Within six months after the end of the Housing Agency’s fiscal year, the Housing Agency shall prepare an annual report. This report shall contain financial statements and the results of the operations. The report shall be approved by the Board of Commissioners and signed by the Chairperson. The annual report of the Housing Agency shall be a public record and available for inspection and copying by members of the general public at the Housing Agency office. The annual report shall be placed on file with the City Clerk upon completion thereof.
(1976 Code, § 2-315)
(J) Filing of plans. The Housing Agency shall file with the City Clerk a copy of the five-year plan and annual plan required by § 511 of the Federal Quality Housing and Work Responsibility Act of 1998. The plans shall be filed within 30 days after the date the plan is filed with the Department of Housing and Urban Development.
(1976 Code, § 2-316) (Ord. 1281, passed 9-25-2000)