Loading...
File Ref. #018 ~ /J- AJz- / S; /'117 ~ 3/ ~~~' RESOLUTION NO. 7031 ~lliREAS the City Council of the City of Miami Beach, Florida did on the 17th day of August, 1938, pass and adopt Resolution No. 4362 wherein said City Council did declare that there existed on said date il1 said City of Miami Beach the necessity for the creation of a Housing Au~hority due to the fact that there was on said date a short- age of dwelling accommodations available at rentals that persons of low income could afford~ and WHEREAS pursuant to said resolution and in accordance with the laws of the State of Florida, the Mayor of said City did thereupon appoint five persons as commissioners of the authority created for said City, and VffiEREAS the Housing Authority appointed as aforesaid has failed to take such steps as are necessary under the Statutes of the State of Florida, to constitute itself as a Housing Authority and has failed to exercise the powers conferred by Statute upon them and the terms of the persons appointed as cOlnmissioners have long since expired, and VlHEREAS the said City Council is of the opinion that there now are insanitary or unsafe inhabited dwelling accommodations in the City of Miami Beach, Florida, and that there is a shortage of safe or sani- tary dwelling accommodations in this City available to persons of low income at rentals they can afford. ..... NOW, THEREFORE, BE IT RESOLVED by the City COllilCil of the City of Miami Beach, Florida, and it is hereby declared that there is a need for an Housing Authority in said City due to the fact that there now are insanitary or unsafe inhabited dwelling accommodations in said City and that there is a shortage of safe or sanitary dwelling accom- modationsin this City available to persons of low income at rentals they can afford. BE IT FURTHER RESOLVED that the Mayor of the City of Miami Beach, Florida, be and he is hereby authorized and directed to appoint five persons as commissioners of said authority, three of whom shall be designated to serve for terms of one, two and three years respectively and the remainder of whom shall be designated to serve for terms of four years each, from the date of their ipp6intment. ,"" BE IT FURTHER RESOLVED that the Mayor of the City of Miami Beach, Florida be and he is hereby directed to appoint such persons as commissioners of said authority who will take all necessary steps for the establisl1ment of low-rent public housing on Miami Beach, Florida, without delay and in accordance with the Statutes of the State of Florida and of the laws of the United States. ~ If any provision of this resolution be held invalid, the 1~mainder thereof shall not be affected thereby. PASSED and ADOPTED this 6th day of octO~ber, A. D. 19"-9., -- I~ l/~( ". Mayor ATTEST: ~~~L2~~_.. City Clerk ...... ) 421.05 Appointment, qualifications, and tenure of commissioners; hiring of employees.-- (1) When the governing body of a city adopts a resolution as aforesaid, the mayor, with the approval of the governing body, shall promptly appoint no fewer than five persons, and no more than seven persons, as commissioners of the authority created for such city. Three of the commissioners who are first appointed shall be designated to serve for terms of 1, 2, and 3 years respectively; the remaining commissioners shall be designated to serve for terms of 4 years each, from the date of their appointment. Thereafter, each commissioner shall be appointed as aforesaid for a term of office of 4 years, except that a vacancy shall be filled for the unexpired term by an appointment by the mayor with the approval of the governing body within 60 days after such vacancy occurs. Each housing authority created pursuant to this chapter shall have at least one commissioner who shall be a resident who is current in rent in a housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority or public housing agency that has jurisdiction for the same locality served by the housing authority, which commissioner shall be appointed at the time a vacancy exists. In the case of an authority which has no completed project, no tenant-commissioner shall be appointed until 10 percent of the units in the first project of the authority have been occupied. The cessation of a tenant-commissioner's tenancy in a housing project or the cessation of rent subsidy shall remove such tenant-commissioner from office, and another person meeting the qualifications required for the office shall be appointed for the unexpired portion of the term. After all reasonable efforts have been made and documented, if the commissioners find that no housing project resident or rent subsidy recipient is available to serve as a tenant-commissioner, the existing vacancy shall then be filled through the normal appointment procedures set forth in this subsection. However, such normal appointment shall not preclude the requirement to exercise diligence in all succeeding vacancies to attempt to first appoint a tenant-commissioner until at least one tenant-commissioner has been appointed. No commissioner of an authority may be an officer or employee of the city for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk, and such certificate shall be conclusive evidence of the due and 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 the discharge of his duties. The requirements of this subsection with respect to the number of commissioners of a housing authority apply without regard to the date on which the housing authority was created. (2) The powers of each authority shall be vested in the commissioners thereof in office from time to time. A majority of the commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote ofa majority of the commissioners present, unless in any case the bylaws of the authority require a larger number. The mayor with the concurrence of the governing body shall designate which of the commissioners appointed shall be the first chairman, but when the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its commissioners. An authority shall select from among its commissioners a vice chairman; and it may employ a secretary, who shall be the executive director, technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require and shall determine their qualifications, duties, and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the city or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. (3) Notwithstanding the limitation contained in subsection (1) on the number of commissioners of a housing authority, any housing authority that has more than seven commissioners on March 28, 1991, may maintain the same number of commissioners it had on March 28, 1991. History.--s. 5, cho 17981,1937; CGL 1940 Supp. 7100(3-e); s. 1, cho 59-413; s. 1, cho 78-165; sSo 1,2, ch. 80-357; so 273, ch. 81-259; s. 1, ch. 84-250; s. 1, ch. 89-33; ss. 1,2, ch. 91-6.