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HomeMy WebLinkAbout96-3086Housing Authority ORDINANCE NO. 96-3086 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS AMENDING CHAPTER 13, ARTICLE III, ENTITLED "HOUSING AUTHORITY" OF THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW, TEXAS; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE. Whereas, the City of Plainview has created the Housing Authority of the City of Plainview, Texas in 1978; and Whereas, the Housing Authority of the City of Plainview, Texas serves a vital purpose in meeting the housing needs of the City of Plainview as well as the surrounding area; and Whereas, State law has changed voiding portions of the ordinance which created the Housing Authority; and Whereas, other amendments are necessary in order to allow the Housing Authority of the City of Plainview, Texas to fulfill its mission in an effective and efficient manner. Now, therefore, be it ordained by the City Council of the City of Plainview, Texas, that Section 13-151 through Section 13-168 is amended and shall read as follows: Sec. 13-151. Creation. There is hereby created by the City of Plainview the housing authority of the City of Plainview, Texas. Sec. 13-152. Purpose. The purpose of the housing authority shall be to determine the needs of the City, and the area within five (5) miles of the City, concerning housing and providing solutions to alleviate any housing deficiencies for Iow income persons. Sec. 13-153. Seal of authority. The seal of the housing authority shall be that seal of the City of Plainview and shall bear the name "Housing Authority of the City of Plainview, Texas." Sec. 13-154. Office of authority. The offices of the authority shall be at such place or places in the City of Plainview, as the housing authority may from time to time designate by resolution. I of 5 Sec. 13-155. Composition. The housing authority shall consist of five (5) commissioners appointed by the Mayor. All members appointed shall be residents of the City of Plainview at the time of their appointment and during their terms of office. One (1) of the five (5) commissioners shall be a tenant of the Plainview Housing Authority properties, and shall not serve a consecutive term. Sec. 13-156. Appointment. Each commissioner of the housing authority shall serve for a term of two (2) years. Two (2) commissioners shall be appointed beginning January 1st in odd-numbered years and three (3) commis- sioners shall be appointed beginning January 1st in even-numbered years. Any term of office of any member of the housing authority expiring other than on December 31st in any year shall be filled by appointment by the Mayor until December 31st of that year. There shal be no limit on the number of terms a member may serve, provided the member is reappointed by the Mayor. Sec. 13-157. Mandatory attendance requirements. Each commissioner of the housing authority shall attend no less than seventy-five percent (75%) of the regular, special or emergency meetings called by the officers of the housing authority of the City of Plainview. The secretary of the authority shall make a quarterly report to the Mayor and City Council showing the attendance of each member of the authority. Any commissioner failing to attend seventy-five percent (75%) of the regular, special or emergency meetings legally called during any calendar year shall be automatically disqualified from service on the authority, and shall be replaced by the Mayor. Sec. 13-158. Vacation of office. Should a member of the authority move from the city or otherwise become disqualified for any reason, he or she shall vacate the office. Sec. 13-159. Filling of vacancies. Vacancies occurring in the commissioners of the housing authority of the City of Plainview shall be filled by appointment for the unexpired term. Sec. 13-160. Officers; duties; other personnel. The officers of the housing authority committee shall be a chairman, vice-chairman and secretary (who shall be executive director). (a) Chairman. The chairman shall preside at all meetings of the housing committee. Except as otherwise authorized by resolution of the housing committee, the chairman shall sign all contracts, deeds and other instruments made by the committee. At each meeting, the chairman shall submit such recommendations and information as he or she may consider proper concerning the business, affairs and policies of the authority. (b) Vice-chairman. The vice-chairman shall perform the duties of the chairman in the absence or incapacity of the chairman; and in case of the resignation or death of the chairman, the vice-chairman shall perform such duties as are imposed on the chairman until such time as the committee shall appoint a new chairman. © Secretary. The secretary shall keep a record of the committee, shall act as secretary of the meetings of the committee in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to his or her office. He or she shall have the care and custody of all funds of the committee and shall deposit the same in the name of the committee in such bank or banks as the committee may select. The secretary shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the committee. Except as otherwise authorized by resolution of the committee, all such orders and checks shall be countersigned by the chairman. He or she shall keep regular books 2of5 of accounts showing receipts and expenditures and shall render to the committee at each regular meeting (or more often if requested), an account of his or her transactions and also of the financial conditions of the committee. He or she shall give such bond for the faithful performance of his or her duties as the committee may determine. (d) Executive director. The secretary shall be executive director of the housing authority and shall have general supervmion over the administration of the business and affairs of the housing authority, subject to the direction of the authority. He or she shall be charged with the management of the housing projects of the housing authority. (e) Additional duties. The officers of the committee shall perform such other duties and functions as may from time to time be required by the committee or the bylaws or rules and regulations of the committee. (f) Election or appointment The chairman and vice-chairman shall be elected at the annual meeting of the committee from among members of the committee, and shall hold office for one year or until their successors are elected and qualified. In case of the absence or incapacity of both the chairman and vice-chairman, the other members of the committee may elect an acting chairman to serve during the period of absence or incapacity of the chairman and vice-chairman. The secretary shall be appointed by the committee. Any person appointed to fill the office of secretary, or any vacancy therein, shall have such term as the committee fixes, but no member of the committee shall be eligible for this office. (g) Vacancies Should the offices of chairman or vice-chairman become vacant the committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. When the office of secretary becomes vacant, the committee shall appoint a successor, as aforesaid. (h) Additional personnel. The committee may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the laws of the State of Texas applicable thereto. The selection of such personnel (including the secretary) shall be determined by the committee subject to the laws of the State of Texas. All employees of the Housing Authority, are at-will employees. Sec. 13-161. Annual meeting. The annual meeting of the housing authority shall be held in May, at the regular meeting place of the authority. Sec. 13-162. Regular meetings. Regular meetings may be held at such times and places as may from time to time be determined by resolution of the housing committee. Sec. 13-163. Special meetings. The chairman of the housing authority may, when he or she deems it expedient, and shall, upon the written request of two (2) members of the authority, call a special meeting of the authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered to each member of the authority, or may be mailed to the business or home address of each member of the authority. Sec. 13-164. Notice of meetings. Each meeting of the housing authority shall be legally posted as required by article TEX. GOV'T CODE, § 551.001, et seq., and the mayor, ex officio members and commissioners of the committee shall be notified in writing not less than three (3) days prior to the date of any meeting. 3of5 Sec. 13-165. Quorum. At all meetings of the committee, a majority of the members of the committee shall constitute a quorum for the purpose of transacting business, provided that a smaller number may meet and adjourn to some other time or until a quorum is obtained. Sec. 13-166. Order of business. At the regular meetings of the committee, the following shall be the order of business: (a) Roll call; (b) Reading and approval of the minutes of the previous meeting; (c) Bills and communications; (d) Report of the secretary; (e) Reports of committee; (f) Unfinished business; (g) New business; (h) Adjournment. All resolutions shall be in writing and shall be copied in a journal of the proceedings of the committee. Sec. 13-167. Manner of votinq. The voting on all questions coming before the committee shall be by roll call and shall be entered upon the minutes of such meeting. Sec. 13-168. Reports. At least once a year, the committee shall file a report of its activities and finances for the preceding year and make recommendations on what it considers necessary to carry out the purposes of this ordinance and State Statute. The report shall be filed with the City Secretary. Secs. 13-168 to 13-180. Reserved. Provisions of the ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, subsection, sentence, provision, clause, phrase, or word severable therefrom and the same shall be deemed severable for this purpose. This ordinance shall be in full force and effect upon its passage and publication as required by law. 4of 5 PASSED AND APPROVED this the 27th day of August, 1996. Lloyd C. Woods, Mayor Attest: Karen McBeth, City Secretary A.p~~t~ff.n~ t: Approved as to form: Services Wally Hatch, City Attorney ' ' 5 of 5