ORDINANCE NO. 13,966

AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, by repealing Sections 90-1, 90-2, 90-35 and 90-61 thereof and enacting new Sections 90-1, 90-2, 90-35 and 90-61, relating to the municipal housing agency.

Be It Ordained by the City Council of the City of Des Moines, Iowa:

Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, is hereby amended by repealing Sections 90-1, 90-2, 90-35 and 90-61 thereof and enacting new Sections 90-1, 90-2, 90-35 and 90-61, relating to the municipal housing agency, as follows:

Sec. 90-1. Municipal housing agency powers and governing board.

(a) The city has determined it to be in the public interest for the city to directly exercise its municipal housing powers under I.C. § 403A.1 et seq. The city is the designated municipal housing agency for the city. The governing body of the municipal housing agency shall be the municipal housing governing board, referred to in this chapter as the "governing board", consisting of the city council and one appointed member recommended by the mayor and approved by the city council. The governing board shall comply with the procedural rules of the city council and shall have final jurisdiction over all matters of the municipal housing agency. The city manager or his or her designee is authorized to direct, administer, and manage the agency through the department of housing services.

(b) The appointed member of the governing board shall be a public housing resident who is directly assisted by the municipal housing agency and who has a valid lease in effect at all times. Notwithstanding any other provisions of this code, the appointed member of the governing board may also serve as a member of the public housing board. If the appointed member of the governing board is also a member of the public housing board, the member's term on the governing board shall expire on the same date as the member's term on the public housing board. If the appointed member of the governing board does not serve on the public housing board, the appointed member's term shall be for a period of one (1) year commencing on July 1.

(c) The mayor or mayor pro tem shall preside at all meetings of the governing board and shall execute agreements, deeds and other documents using his/her title of mayor of the City of Des Moines.

Sec. 90-2. Powers reserved by governing board.

(a) For the purposes of this chapter, the following powers are specifically reserved to the governing board, including:

(1) To ratify or modify all programs and projects initiated by the public housing board within 45 days of board action or adoption.

(2) Approval and acceptance of all state or federal grants or subsidies, including the approval of all grant applications.

(3) The acquisition, mortgage, sale or conveyance of municipal housing agency real property.

(4) The exercise of the power of eminent domain.

(5) The undertaking of debt, including the issuance of bonds, or the execution of any form of loan or promissory note.

(6) The representation and defense of the municipal housing agency in all disputes, claims, actions or lawsuits, including the settlement of all such matters.

(b) As the governing body of the municipal housing agency, the governing board shall retain final jurisdiction over all municipal housing projects.

Sec. 90-35. Powers and duties.

The public housing board is delegated the following authority:

(1) Initiate programs or projects, including grant applications that further the policies and plans of the city's municipal housing agency, including tenant conduct and relations, in accordance with applicable local, state or federal laws, rules or regulations.

(2) Interact with other governmental agencies with respect to the application for and implementation of grants and other funding programs.

(3) Review and comment on the department director's annual operating and capital budgets prior to their submission to the city manager.

(4) Buy, lease, sell or exchange supplies, equipment and materials and procure services or work to the extent unencumbered funds are available when such contracts or agreements exceed the amount set forth in subsection 2-732(a). All references to the city council in subsection 2-732(b) and section 2-734 of this Code shall be deemed to mean the public housing board in their application as provided in this chapter.

(5) Oversight of the development of municipal housing agency real property in accordance with governing board approved housing projects.

Sec. 90-61. Director of housing services.

(a) The director of housing services shall be appointed by the city manager. The city manager and the chair of the public housing board may discuss the performance of the director of housing services at appropriate times.

(b) The director of housing services shall be responsible for the following:

(1) The professional implementation of the policies, programs, and plans adopted by the public housing board and for representing the position of the board with regard thereto.

(2) Assisting the board in official communications.

(3) Preparation of an annual operating and capital budget included as part of the total city budget.

(4) Assisting the board in the initiation of programs and projects including grant applications for governing board ratification.

(5) Supervision of the department of housing services and its employees.

(6) All municipal housing agency operations and activities.

(7) Maintenance and protection of municipal housing agency real property.

(8) Other duties assigned by the city manager.

Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

FORM APPROVED:

 

Mary A. Laughlin, Assistant City Attorney

Preston Daniels, Mayor

Attest:

I, Donna Boetel-Baker, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 01-2125 ), passed by the City Council of said City at a meeting held July 9, 2001, signed by the Mayor on July 9, 2001, and published as provided by law in the Business Record on July 23, 2001. Authorized by Publication Order No. 1822.

Donna Boetel-Baker, MMC City Clerk