Fort Walton Beach Council agenda — 03-14-06 ‎(regular)‎ — reading text

sloner shall be appointed' as aforesaid tor a term of co' 421. Creation of housing 8uthorltles.~' office of 4 years, except that Ii vacancy shall be filled for I each city, as herein defined, there Is her by the unexpired term by an appointment b ' the ma or 1) with the ap roval of the 0 now n ays created a ubllc body corporate and politic to be kn wn ous " g authority cre~ as the" H sing Authority" of the city; provided, ow- ~ er sue cancy occurs. ac vl;! ated pursuant to this chapter' shall have at least one ever; that ch authority shall not transact any usl~ ommlssloner who shall be a resident who Is current In tiess or exe Ise Its powers hereunder until or u less c; rent In a housing project or a person of low or very low the governing odyof the city by proper resolutfo shall that th e Is need for an authority to fun ion In Income who resides within the housing authority's lurls~ le lare diction' and is receIving rent subsidy through a program such city. The etermlnatlon as to whether t ere is admlnlstere~ by the authority or publle,houslng agency such need for an uthority 10 function: . . that has Jurisdiction for the same locality served by the I~ '( s) May be ma e by the governing, body its own motion; or housing. authority, which commIssioner' shall be be the governIng ,bo upon the appointed at the time a vacancy exists. In the case of b) Shall l'! 1ad by an authority which has no completed project, no tenant- filing of a petition sl ed by 25 reslden of the city commissioner shall be appointed untO 10 percent of the a~~ rtlng that there Is eed for an autho' to function units In the first project of the authorfty have been occu- such city and request 9 that the gov mlng body so declare. .... pled~'The ce.ssatfon of a t~ nant-com ls loner' s ten- n a housing project or the cessatron of rent sub- 2) The 9 governl':!y may a pt a resolution ancy ! lI. remove such tenant-commissioner from eclarlng that there IS nee fo( a h sing authority In sidy ~ hf!. office, and, another person meeting the qualifications the city If it shall nnd that' 1::'"-< a) Insanitary or unsafe I hab ed dwelling aecom. requlr~d for the offl~e shall ~ e appointed for the unex~ odatlons exist In such city; r '. . .: pired portion of the term. After all reasonable efforts have made and documented; If the commission- bee,:, b) There Is a shortage of fe or sanitary dwelling ers find that n9 houslpg project resident or rent subsIdy a~ ommodaUons In such city vallable to persons of low Income at rentals they , n afford. In detennlnlng recipient :.18' available to serve, as a tenant~ commIssioner, the exlstfng vacancy shall then be filled erdwelllng accommo tio are unsafe orinsan- ald governing body ay ta e Into consideration through the normal appointment procedures set forth In this. GubsectJon. However, such normal appointment e9ree of overcrew ng, the ercentage of land shall not preclude the requirement to exercise d1l1gence coverage, the ngh~ aIr, pace and ccess available to In all succeedIng vacancies to attempt to first appoint a the Inhabitants of su dwelling a mmodations, the tenant- aommlssloner until at least one tenant- s~ e and arrange me of the rooms, e sanitary faclO- es, and the exten to which, conditi s ,exfst In such, . commlsslaner has been appointed: No commissioner: of an autho~ ty may be an officer or employee of the city JII, dings which e anger life or prope by fire or other, uses. '. . , forwhlchtheauthorftylscreated. Aconvnlsslonershall It, actlori or proceeclln involving the: hold office' until a successor has been appointed and n:,3) ( In any has qualified. A certificate of the appointment or reap- Y~ dlty or enf cement of or relating to a y contract of. tne authorlt , the authority shall be polntment of any commissioner shall be flied with the neluslvely clerk, and such certificate shall be conclusIve evIdence eemed to ve become established and a orizedto of the due and proper appointment of such commls-. transact b siness and exercise Its' powers ereunder sloner. A commissioner shall receIve no compensation upon pro f of the adoption of a resolution b the gov- for his or her services but shall be entitled to the neces- emlng dy declaring the need for the autho . Such resol on or resolutIons shall be sufficient If it eclares sary expenses, Including travel expenses, Jncurred In that t ere Is such neeef for an authority and fTn the discharge of his or her dutles.:rhe requirements of In sub- sta ally the foregoing terms, no further datal beIng this subsection with respect to the number of commls. n sloners of a housing authority apply wlthout. regard 10 essary, that either or both of the ebove enum ated the date on which the housln author was cr nd'rtlon,s exist In the city. A copy of such resol tlo e powers of each authority s a be vested In certified by the clerk shall be admissible In evl- . duly t nce In any suit, aeUon or proceeding. " ' . th~ commissioners.thereof In office from tfme to time. A 4, CII. 17911. 1937;CG~ 1940 Supp. 7100(~ '. .~., . majority of the commissioners shall constitute a quo- t: ~....... rum of the authority for the purpose of conducting Its 421.05 A olntmen U business and exercIsing Its powers and for all other m sslon . rln of e 0 ee ' ,. . ; . purposes. Action may be taken by the authority upon a' hen the governing body 0 a city adopts a res- vote of a majority of the commissioners present unless lutIon as aforesaid, the mayor. wfth the approval of the In any caSe the bylaws of the authority requJre a larger vemlng body, shall promptly appoint no fewer than number. 'The mayor with the concurrence of the gov~ e ~ersons, and no mere than seven It rnIsSlooers of the persons, as com- emlng body shall designate whfch of the commisslon-' r authority created for such city. Three, ~ rs appointed shall be the first chair, ~ut when the office. 513  Ch. 421 PUBLIC HOUSING of the chair of the authority thereafter becomes vacant, ( 1) To sue and be sued; to have a seal and to ~ the authority shan select a chair from among its com- the same at pleasure; to have perpetual succession; mlsslo.ners. ArI authority shall select from among Its make and execute contracts and other Instrume commIssioners a vice chair;and It may employ a secre- necessary or convenient to the exercise of the pow..... tary, who shall be the executive dIrector, technical of the authority;.to appear In court through any of Its experts, and such other officers, agents, and employ- cers, agents, or employees, for the exclusive pu ees, permanent and temporary, as It may require and of filing eviction papers; and to make and from tlm,.' shall determine their qualifications, duties, and com- time amend and repeal bylaws, n.lles and regulatlc{ pensatlon. For such legal services as It may require, an