[Adopted as Ch. 2, Art. 7, of the 1976 Code]
A.
The governing body shall appoint five persons who shall constitute
the Housing Authority, and such persons shall be called the "Commissioners."
One Commissioner shall be appointed each year. Each Commissioner shall
serve a five-year term of office or until his successor is duly appointed;
provided that all vacancies shall be filled for the unexpired terms.
A certificate of the appointment or reappointment of any Commissioner
shall be filed with the Municipal Clerk, and such certificate shall
be conclusive evidence of the proper appointment of such Commissioner.
A Commissioner shall receive no compensation for his services, but
he shall be entitled to the necessary expenses, including travel expenses,
incurred in discharge of his duties. Three Commissioners shall constitute
a quorum of the Authority for the purpose of conducting its business,
exercising its powers, and for all other purposes. Action may be taken
by the Authority upon the vote of the majority of the Commissioners
present unless in any case the bylaws of the Authority shall require
a larger number. The Commissioners shall elect a Chairman and Vice-Chairman
from among the Commissioners and shall have the power to employ an
Executive Director, who shall serve as ex-officio Secretary of the
Authority. The Authority may also employ legal counsel, or it may
call upon the chief law officer of the municipality, for such services
as it may require. It may employ 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 Authority may delegate such other powers and duties to its agents
or employees as it may deem proper. During his tenure, and for one
year thereafter, no Commissioner, officer, or employee of the Municipal
Housing Authority 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 contract or proposed contract
relating to any housing project. If any such Commissioner, 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 shall immediately
disclose his interest in writing to the Authority, and such disclosure
shall be entered upon the minutes of the Authority, and he shall not
participate in any action by the Authority relating to the property
or contract in which he has any such interest; provided that nothing
herein shall apply to the acquisition of any interest in notes or
bonds of the Authority issued in connection with any housing project,
or to the execution of 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. The Mayor may remove
a Commissioner for neglect of duty or misconduct in office in the
manner prescribed hereinafter. The Mayor shall send a notice of removal
to such Commissioner, which notice shall contain a statement containing
the charges against him. Unless such Commissioner files with the Clerk,
within 10 days from the receipt of such notice, a request for a hearing
before the governing body, the Commissioner shall be deemed as removed
from office. If a request for a hearing is filed with the Clerk, the
governing body of the municipality shall hold a hearing at which the
Commissioner shall have the right to appear in person or by counsel
and the governing body shall determine whether the removal shall be
disapproved or upheld. If the removal is disapproved, the Commissioner
shall continue to hold his position.
B.
The Housing Authority shall keep an accurate account of all its activities
and of all its receipts and disbursements and shall make a report
to the governing body on all such information.
(Neb. RS 71-1572 et seq.)
[Added 11-21-2000 by Ord.
No. 54-00]
A.
The local housing authority established under prior state law and
in existence on January 1, 2000, shall have continued existence as
a housing agency under the Nebraska Housing Agency Act (Neb. RS 71-1572
et seq.).
B.
The local housing agency shall conduct its operations consistent
with the Nebraska Housing Agency Act. All property, rights in land,
buildings, records, and equipment and any funds, money, 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.
C.
Any resolution by the authority and any action taken by the authority
prior to January 1, 2000, with regard to any project or program which
is to completed within or to be conducted for a twelve-month period
following January 1, 2000, and which resolution or action is lawful
under state law as it existed prior to January 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 such resolution or action is inconsistent with, not authorized
by, or prohibited under the provisions of the Nebraska Housing Agency
Act.
D.
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 such prior
law on January 1, 2000, shall be deemed to have been appointed or
employed under the Nebraska Housing Agency Act.
(Neb. RS 71-1576)
