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HomeMy WebLinkAboutOrdinance 22-1993 � , 1 ORDIHAHCE H0. 22-93 AH ORDIHAHCE AMEHDIAG ARTICL.E II OF CHAPTER 19 OF' THE REVISED C�RDIHAHCES OF THE CITY OF BROOKINGS AHD PERTAIHIHG TO THE CITY OF FiR00KIHGS HOUSIHG AHD REDEVELOPMENT COMMISSION. BE IT ORDAIHED BY THE GOVERAII1dG BODY OF THE CITY OF' BROOKINIGS, SOUTH DAKOTA, AS FOLLOWS, TO-WIT: I. Article II. Citv of BrookinQs HouainQ and Redevelopment Commission. Sec. 19-11. Created. re is hereb created and established in and for the city a The y v o ment Commission to administer d Rede el City of Brookings Housing an p contract, control and supervise HUD Section 8, existing certificate, voucher, moderate rehabilitation and other related housing programs through the use of municipal, county, state and federal funds and to �ointly exercise any and all powers conferred by SDCL Chapters il-7 and 11-7A. Section. 19-12. Composition; appointment. The Housing and Redevelopment Commission provided for by this Article shall be composed of five t5) members appointed by the Brookings City Commission. The initial members of the Commission shall be appointed to terms of one ( 1 >, two (2), three (3) , f our (4) and five t5) yesrs. Thereafter, all members shall be appointed for five (5) year terms. Each vacancy of an unexpired term shall be filled in the same manner. Sec. 19-13. Ex officio member. One member of the City Commission and one member of the County Commission to whom housing matters relate shall be assigned as ex officio members of the Housing and Redevelopment Commission. Sec. 19-14. Meetings. I The Houaing and Redevelopment Commission shall hold meetings at lesst once each calendar quarter at a time and place to be established each year at the annual meeting. Special meetings may be called at any time by the chairman by giving at least twenty-four (24) hours advance notice in accordance with SDCL 1-25-1. 1. Sec. 19-15. Auorum of commission/officers/rules. The porrers of the Housing and Redevelopment Commission shall be vested in the commissioners thereof in office at any time, a majority of whom shall constitute a quorum for all purposes. Esch commission shall select a chairman, a secretary and a treasurer from among its commissioners who shall hold their offices respectively for one ( 1 ) yesr and until their successors have been appointed. The commission I - . , , �� � shall adopt such bylarrs and other rules for the conduct of its affairs • as it deems appropriate. Sec. 19-16. Expense of commissioners. Ho commissioner shall receive compensation for his services, but each commissioner shall be entitled to receive necessary expenses, including traveling expenses, incurred in the performance of his duties. Sec. 19-17. Commission as body corporate/general powers. The Housing and Redevelopment Commission shall be a public body corporate and politic exercising public an essential governmental functions and shall have all the power necessary or convenient to carry out the purposes set forth therein together with the powers granted by SDCL Chapters 11-7 and 11-7A, inclusive; but the commission shall not have the power to levy or collect taxes or special assessments. The Housing and Redevelopment Commission shall have the power and authority to superintend, manage, administer and control local, state and federal housing programs within its jurisdiction, including the power to contract with individuals, public or private firms to administer said housing programs on behalf of this commission. Sec. 19-18. Collection of funds. All funds and revenues derived from the operation of the Housing and Redevelopment Commission may be collected by the City Finance Officer and a record of all such funds and revenues shall be submitted at least quarterly to the City Commission and to the Brookings County Commission. II. All ordinances in conflict herewith are hereby repealed. FIRST READIHG: September 28, 1993 SECOND READING: October 5, 1993 PUBLISHED: October 11, 1993 T OF BROOKINGS �f gROpk� '�y'��°�� ��`� Ma or c►s�� � Y � T�� .�. �_ . � _ or o� ti Fi Officer ' ( RESOLUTIOH H0. 71-93 A RESOLUTIOH AUTHORIZING THE EXECUTIOH OF A JOIHT EXERCISE �F GOVERNMEHTAL POWE�S AGREEMEHT FOR THE ADMINISTRATIOH OF HUD SECTIOH 8, EXISTING CERTIFZCATE, VOUCHER, MODEBATE REHABILITATION AND OTHER RELATED PBOGBAMS �F THE COUHTY OF BROOKIHGS BY THE CITY OF BROOKIHGS HOUSIHG AND REDEVELOPMENT COMMISSIOH. BE IT RESOLVED by the governing body of the Citf of Brookings. South Dakota, that the Joint Exercise of Governmental Powers Agreement for the Administration of HUD Section 8, Existing Certificate, Voucher, Moderate 3ehabilitation and Other Related P^ograms of the County of Brookings by the City of Brookings Housing and Redevelopment Commission is in a11 respects approved and the Mayor and Finance Officer are author=zed to execute said documents on behalf of the City of Brookings, South Dakota. Passed and agoroved this 28th day of September, 1993. hy�p P�F�,�� i C�:2�' � � �� MA�� � Mayor ��' .',• $�� � / `.�.. �" / `i+ � Finance Officer " ..F . � � JOIyT EXERCISE OF GOUERNMENTAL POWERS AGREEMENT � ' , FOR TNE ADMINISTRATION OF HUO SECTION EIGHT (8) , EXISTING CERTIFICATE , VOUCHER, MODERATE REHABILITATION . AND OTHER RELATED PROGRAMS OF THE COUNTY OF BROOKINGS BY THE CITY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION WITNESSETH: Pursuant to the provisions of South Dakota Codified Laws Chapter 1-24, the parties hereto make and enter into this Joint Powers Agreement for the purpose of delegating powers to administer , con- tract , control and supervise HUD Section Eight ( 8 ) , Existing Cer- tificate, Voucher, Moderate Rehabilitation and other related programs of the COUNTY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION 5y the CITY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION ( hereafter "City Housing Commission " ) . I . PARTICIPATING PUBLIC AGENCIES Appropriate action has been taken by ordinance, resolution , or as otherwise provided for by the law of the governing bodies of the following public agencies to enter into this Agreement . THE PARTICIPATING PUBLIC AGENCIES ARE : The City of Brookings , South Dakota, a municipal corporation , and the County of Brookings , State of South Dakota. II . DURATION This Agreement shall be in force and effect upon appropriate � � action by ordinance, resolution or as may be otherwise ratified , by law by the governing bodies of the parties to this Agreement and shall remain in effect until terminated by one or both of the parties hereto by an ordinance, resolution or other action which terminates this Joint Exercise of Governmental Powers Agreement . III . ORGANIZATION A. Composition . The participating public agencies in this Joint Exercise of Governmental Powers Agreement are the COUNTY OF 3ROOKINGS and the CITY OF BROOKINGS . B. Organization . The CITY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION shall be composed of five ( 5) members appointed by the Brookings City Commission . The initial members of the Commission shall be appointed to terms of one , two , three, four and five years. Thereafter, all members shall be appointed for five year terms . Each vacancy of an unexpired term shall be filled in the same manner. IV. PURPOSE The purpose of this Agreement is to authorize the CITY OF -2- . BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION to exercise all the powers of the COUNTY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION and the public agencies participating in this Agreement in the area of development and operation of low-income housing including any such powers of the participating public agencies which are provided in Federal law or regulation . V . FINANCING THE CITY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION currently does not require or receive any financing from the public agencies participating in this Agreement . In the event the CITY OF BROOKINGS HOUSING AND R�DEVELOPMENT COMMISSION re- quires any financing from the public agencies participating in this Agreement , then a budget shall be submitted to the public agencies at least thirty ( 30) days prior to the date financing is required and the public agencies participating in this Agreement shall approve a budget for the CITY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION and each of the public agencies partici - pating herein shall contribute its share of the approved budget based upon the pro rata share of each public agency on the basis of its population from the 1990 United States Census . The parties may by mutual agreement provide an alternative method of financing the activities of said Commission if special circumstances indicate another method to be more equitable. Budgeted funds shall be accounted for in a manner consistent with the requirements of the Department of Legislative Audit for governmental fund accounting. -3- � • , VI . METHODS OF PARTIAL ( or) COMPLETE TERMINATION � AND PROPERTY DISPOSITION A. Partial ( or) Complete Termination . Participation in this Agreement may be terminated by any party at any time upon appropriate action to terminate participation by ordinance, resolution or as otherwise provided for by the governing law of the participating municiQality and county and by tendering written notice to the City Housing Commission thirty ( 30 ) days prior to the termination . Any property of the participating agencies shall be promptly distributed to such party upon the t�rmination of this Agreement . B . Property Disposition . Personal property shall not be sold or exchanged for less than its fair value. Personal property of the value of $500. 00 or more, which is to be sold to other than a public body for a public use, shall be at public sale . Sales of excess personal property shall be made in the following manner: 1 . After the City Housing Commission has made a determination of surplus property pursuant to §6-13-1, the City Housing Commission shall appoint thr2e real property owners of the political subdivi - sion to appraise the value of such property. Such real property owners shall file a report of the appraisal with the fiscal offi - cer of the City Housing Commission . The City Housing Commission -4- may employ a person or persons licensed by the state to do fee " appraisals in lieu of the property owners conducting an appraisal pursuant to this section . 2. Any improvements on land snall be appraised separately from the land . Fquipment or supplies which are to be traded for other prooerty , property which is to be destroyed , property which is to be transferred to another political subdi ✓ision pursuant to §6-5-1 , property being sold which was created as a result �f an educational program in a school and property which is to be sold at public auction need not be appraised pursuant to this chapter. 3 . Any surplus property appraised pursuant to §6-13-2 at five hundred dollars or less may be sold by the City Housing Com- mission at a private or public sale without notice . The City Housing Commission shall give notice of the sal� of all other surplus property , including property created as a result of an educational program in a school , by publishing a notice of such sale in the official newspaper of such City Housing Commission at least once each week for at least two consecutive weeks . The first such publication may not be less than fifteen days prior to the date of the sale. Such notice shall describe the property to be sold and shall state the appraised value of such property and the time when bids will be opened . The City Housing Commission may open the bids or may designate an official and a witness to open all bids prior to the meeting of the City Housing Commission and shall state such in the notice of sale . Property to be -5- � transferred to another political subdivision pursuant to §6-5-1 - need not be advertised . 4. Sealed bids received on the surplus property shall be filed with the fiscal officer of the City Housing Commission and shall be opened at a City Housing Commission meeting at the time specified in the notice required by §6-13-4. The City Housing Commission shall sell such property to the highest bidder if such bid is equal to , or greater than , ninety percent of the appraised value of the surplus property. If no bids are received that are equal to or gr2ater than ninety percent of .the appraised value, the City Housing Commission may have the surplus property reappraised pur5uant to §6-13-2, or may, ��ithin t��elve months thereafter, sell the property at private sale for not less than ninety percent of the appraised value without further publication or appraisal . If the property to be sold was created as a result of an educational program in a school , the school board may accept the highest bid or it may reject all bids and may within twelve months thereafter sell the property at private sale without further publication . 5. In lieu of sealed bids , the City Housing Commission may sell surplus property at auction . The City Housing Commission shall advertise such auction by publication pursuant to §6-13-4. Surplus property may be sold to the highest bidder at such auction . 6. No governing board member or real property owner acting as an appraiser may purchase such surplus property except at -6- � public auction . 7 . Al1 revenue accruing from the sale of surplus property pursuant to this chapter shall be paid into the treasury of such City Housing Commission and credited , at the discretion of the City Housing Commission , to the general fund or to the fund in which such property was inventoried . 8 . Personal property shall not be destroyed , abandoned , or donated without the prior approval of the City Housing Commission . The City Housing Commission shall make every effort to dispose of excess personal property as outlined above. However, if the property has no scrap or salvage value and a �urchaser cannot be found , a statement shall be prepared by the City Housing Com- mission listing �he prospective 5idders solicited and all other efforts made to sell and manner of disposition . This statement shall be referred to the City Housing Commission for its appro- val . A copy o` the City Housing Commission ' s approval , together with the complete documentation in support of the destruction , abandonment , or donation , shall be retained as a part of the per- manent records . VII . ADMINISTRATION OF JOINT EXERCISE OF POWERS AGREEMENT Provided they are consistent with this Agreement , the City Housing Commission may perform any such other activities as are reasonable and necessary to further the purpose of this Agree- -7- � � ment . The parties hereto agree to execute any Contracts or - other agreements with HUD or any other Federal agency which are approved by the CITY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION . The powers delegated to the CITY OF BROOKINGS HOUSING AND REDEUELOPMENT COMMISSION shall be to administer, contract , control and supervise HUD Section Eight (8) , Existing Certificate, Voucher, Moderate Rehabilitation , other related programs and all powers of the public agencies participating in this Agreement to engage in and assist in the development and operation of low- income housing including any powers concerning low-income housing which are set forth in Federal law or Federal regulation which may be exercised by the public agencies participating in this Agreement . The foregoing powers of the public agencies par- ticipating in this Agreement shall be exercised by the CITY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION . VIII . ACQUISITION OF REAL AND PERSONAL PROPERTY 1 . Purchases and contracts for the acquisition of equipment , materials , supplies or services except for personal services, shall be made in the following manner: A. The Executive Director shall make purchases and contracts , not to exceed $500.00 in amount , in the open market after such inquiry as s/he deems necessary to insure that the price obtained is the most advantageous to the City Housing Commission . -8- � B . Purchases and contracts for $500. 00 to �7 , 500. 00 shall be submitted to the City Housing Commission prior to solici - � tation of bids for approval of specifications and authori - zation to solicit bids . The Executive Director shall solicit bids orally, by telephone, or in writing from at least three suppliers , if that many are available in the locality. The Director shall keep on file a tabulation of quotations received . Such purchases or contracts are to be approved by the City Housing Commission . C . Purchases and contracts in excess of $7 , 500. 00 shall be submitted to the Board for approval of specifications for invitation of bids . The City Nousing Commission shall invite bids by ( 1 ) advertisement in at least one ne�dspaper of general circulation , or ( 2 ) mailing invitations to bid to all available dealers and posting notices in public places or a combination of such methods . A tabulation of bids received shall be retained . All bids shall be opened at the meeting of the City Housing Commission and shall be awarded by the City Housing Commission , D . All procurement of equipment , materials , supplies and repairs or services performed by other than local Housing Commission employees shall be documented . Expenditures under �50 . 00 may be made from the petty cash fund and shall be supported by receipts . E . There shall be inserted in all contracts , and contractors shall be required to insert in all subcontracts , the following provision : "No member, officer, or employee of the local City Housing Commission during her/his tenure or for one year thereafter shall have any interest , direct or indirect , in this contract or the proceeds thereof. " 2 . Exceptions to Competitive Bidding. A. In the purchasing of equipment , materials and supplies , and in the award of contracts for services or for repairs , maintenance, and replacement , the City Housing Commission shall comply with all applicable State Laws , and in any event shall make such purchases and award such contracts only to the lowest responsible bidder after advertising a sufficient time previously for proposals , except : 1 . When the amount involved in any one. case does not exceed $7 , 500. 00. 2 . When the public exigencies require the immediate delivery of the articles or performances �f service. 3 . When only one source of supply is available and the purchasing or contracting officer of the City Housing -9- Commission shall so certify, � 4 . Tne Contract is for ( a) �rofessional , technical or other kinds of services or ( b ) to be performed under City Housing Commission supervision and paid for on a �imely basis , or 5 . The purchase is made under a consolidat2d supply contract entered into between HUD and the contractor pursuant to HUD regulations. B . The City Housing Commission shall not , without the prior written approval of HUD, enter into, 2xecute or approve any agreement or contract for professional , t.echnical or other kinds of services ( including ADP software and related services ) under the following circumstances . 1 . The procurement is expected to exceed $7 , 500.0 and is to be awarded without competition or only one bid or offer is received in response to solicitation or Request for Proposal ; or 2 . Tne amount of the procurement is in excess of the amount included for such purpose i � HUD-approved Development Cost Budget or Operating Budget; or 3 . Where approval is specifically required by Federal law or Executive Order; or 4. Where the agreement or contract is for legal or other services in connection with litigation . IX . ADMINISTRATIUE FEE The City Housing Commission shall receive all administrative fees . Administrative fees shall be allocated in accordance with all applicable Federal Rules and Regulations . This document reflects the entire Agreement of the parties and may not be amended or modified except in writing, signed by the presiding officer of each party to this Agreement . Dated this day of , 1993 . -10- . � � CITY OF BROOKINGS . Natto�X�H _:�co;Qowi���s M ayo r _�:? ,���,g o A��ES� o� ;_�:,,,. J,�� . �r,''��S v�.SO � Finance Ofticer Dated this day of , 1993 . COUNTY OF BROOKINGS Cha� rperson ATTEST : Brookings County Auditor -11-