ARTICLE III.
HOUSING COMMISSION1
12-48. Commission created.
Pursuant to Public Act No. 18 of 1933 (Ex. Sess.) (MCL 125.651 et seq.), there is hereby created in and for the township a commission to be known as the "Port Huron Charter Township Housing Commission."
(Code 1987, § 2-03.02)
12-49. Membership.
(a) Appointed by supervisor. The housing commission shall consist of five members to be appointed by the township supervisor and confirmed by the township board. One member of the commission shall be a tenant of public or subsidized housing as provided in this subsection. The chief executive officer of the housing commission shall send written notice of a commission vacancy to the president of each resident organization. The notice shall be included in the rent notice to each tenant. For a commission with authority for less than 250 units, if no tenant applies for membership on the commission within 60 days after notice is sent to tenants, the appointing official may appoint a person otherwise qualified under this act to serve as a member of the commission, if the chief executive officer of the commission has proof of the written notice required under this section.
(b) Tenure. The term of office of the members of the commission shall be five years. Members of the first commission existing hereunder shall be appointed for the terms of one year, two years, three years, four years and five years respectively, and annually thereafter one member shall be appointed for the term of five years.
(c) Officers. A president and vice-president shall be elected by the commission.
(d) Compensation. A member of the commission may receive compensation for actual expenses incurred in serving as a member of the commission in an amount determined by the commission. The township board may adopt a resolution establishing limitations on the amounts of actual expenses that may be paid to a member of a commission.
(e) Removal from office. Upon recommendation of the township supervisor to the township board, the township board may remove a member of the commission from office before the expiration of his term. Subject to subsection (b) of this section, a vacancy in office shall be filled by the township supervisor for the remainder of the unexpired term.
(f) Filling of vacancies. Any vacancy in office shall be filled within 30 days by the township supervisor for the remainder of the unexpired term. The term "vacancy" means a seat for which the current appointee discontinues membership by death, resignation, or removal from office; by not seeking reappointment in writing prior to the expiration of his term; or by not being reappointed by the township supervisor within five days following the expiration of his term.
(g) Conflict of interest prohibited. No member of the housing commission or any of its officers or employees shall have any interest, directly or indirectly, in any contract for property, materials or services to be acquired by said commission.
(Code 1987, § 2-03.03)
12-50. Operational proceedings.
(a) Public meetings. The housing commission shall meet at regular intervals, said meetings to be public.
(1) Quorum. Three members shall constitute a quorum for the transaction of business.
(2) Rules and records. It shall adopt its own rules of procedure and shall keep a record of the proceedings.
(b) Director, employees or officers. The commission may appoint a director, who may also serve as secretary, and such other employees or officers as shall be necessary.
(1) Duties and compensation. The commission shall prescribe the duties of all its officers and employees and may, with the approval of the appointing authority, fix their compensation.
(2) Additional help. The commission may, from time to time as necessary, employ engineers, architects and consultants.
(c) Reimbursement of expended township funds. Funds for the initial operation of the commission shall be provided by the township board, but the commission shall, as soon as possible, reimburse the township all monies so expended from revenues received or derived by the commission.
(d) Annual and other reports. The commission shall make an annual report of its activities to the township board no later than the second regular meeting of the township board in January of each year. The commission shall make such other reports as the township board may from time to time direct.
(Code 1987, § 2-03.04)
12-51. Powers and duties.
The township housing commission shall have all powers and duties vested or permitted to be vested in said housing commission by Public Act No. 18 of 1933 (Ex. Sess.) (MCL 125.651 et seq.), and any laws heretofore or hereafter enacted which are supplemental thereto. Such commission shall have the following enumerated powers and duties:
(1) To determine in what areas of the township it is necessary to provide proper sanitary housing facilities for families of low income and for the elimination of housing conditions which are detrimental to the public peace, health, safety, morals and/or welfare;
(2) To purchase, lease, sell, exchange, transfer, assign and mortgage any property, real or personal, or any interest therein, or acquire the same by gift, bequest or under the power of eminent domain; to own, hold, clear and improve property; to engage in or to contract for the design and construction, reconstruction, alteration, improvement, extension and/or repair of any housing project or projects or parts thereof; to lease and/or operate any housing project;
(3) To control and supervise all parks and playgrounds forming a part of such housing development but may contract with existing departments of the township for operation or maintenance of either or both;
(4) To establish and revise rents of any housing project or projects, but shall rent all property for such sums as will make them self-supporting, including all charges for maintenance and operation, for principal and interest on loans and bonds, and for taxes;
(5) To rent only to such tenants as are unable to pay for more expensive housing accommodations;
(6) To call upon other departments for assistance in the performance of its duties, but said departments shall be reimbursed for any added expense incurred therefor;
(7) It shall have such other powers relating to said housing facilities project as may be prescribed by ordinance or resolution of the township board or as may be necessary to carry out the purposes of this article.
(Code 1987, § 2-03.05)
12-52. Housing project authority.
(a) Complete control of housing projects. The commission shall have complete control of the entire housing project including the construction, maintenance and operation as fully and completely as if said commission represented private owners.
(b) Recommendation of condemnation.
(1) Proceedings under eminent domain. Said housing commission may recommend the institution and prosecution of proceedings under the power of eminent domain in accordance with the laws of the state, and/or provisions of the township charter relative to condemnation.
(2) Projects declared for public purposes. Housing projects contemplated by this article are hereby declared to be for public purposes within the meaning of the constitution, state laws and township charter relative to the power of eminent domain.
(c) Adoption of rules for project administration. Said commission shall, to the extent not inconsistent with federal law or regulation, state law or local ordinance, adopt and promulgate reasonable rules which establish eligibility requirements for admission to housing, obligations of tenants, causes for termination of tenancy, conditions for continued occupancy and such other rules as may be necessary to effectively administer the housing projects. Said rules shall be posted in a conspicuous place in each housing project operated by the commission.
(Code 1987, § 2-03.06)
12-53. Transaction approval responsibility.
(a) All deeds, mortgages, contracts, leases, purchases or other agreements regarding real property, including agreements to acquire or dispose of real property, shall be approved and executed in the name of the commission or the township, as specified by ordinance or resolution of the township board. For purposes of this section, the term "contracts or leases regarding real property" means contracts to purchase or lease from a third party or other transactions under which rights or possession of real property are acquired, but do not include contracts, management agreements or leases of that property with tenants or facility managers. Contracts or leases with tenants or facility managers shall be executed by and in the name of the commission.
(b) Subsection (a) of this section does not require contracts for the purchase of necessary materials and contracts related to the powers and duties of the commission under section 12-52 to be approved and executed by the township.
(c) The township board may transfer property to the commission for use by the commission for a purpose authorized by state law. The transfer of property to the commission, including property taken under the township’s power of eminent domain, shall be considered necessary for public purposes and for the benefit of the public.
(d) If an ordinance or resolution of the township board provides in accordance with subsection (a) of this section for the execution of agreements regarding real property in the name of the commission, or if a commission is empowered by the township to act as a borrower for purposes of state law, the commission may sue and be sued with respect to those agreements executed or obligations issued by the commission. This subsection does not affect a limitation provided by state law or by the terms of an agreement upon the funds available or the pledge made for the payment of a claim against the commission.
(Code 1987, § 2-03.07)
12-54. Claims against housing projects.
(a) Liability for obligations. The notes, bonds or other obligations or any claims of whatever nature against said housing project or projects, shall not be debts or charges against the township nor against any members of the commission and no individual liability shall attach for any official act done by any member of such commission.
(b) Filing and disposition. Unless the township board authorizes the execution of agreements regarding real property in the name of the commission as provided in section 12-53, all claims that may arise in connection with a housing project shall be presented as are ordinary claims against the township. Written notice of all claims based upon injury to persons or property shall be served upon the township clerk within 60 days from the happening of the injury. The commission may dispose of claims in its discretion. The cost of investigation, attorneys’ fees, all claims that may be allowed, and final judgments obtained from those claims shall not be a general obligation of the township and shall be paid only from the operating revenue of the housing project or from the proceeds of liability insurance. This section does not preclude the township or commission from asserting a defense of governmental immunity to which it may be entitled under law against any claim made against the township or the commission.
(Code 1987, § 2-03.08)
12-55—12-81. Reserved.
State Law reference—Housing and slum clearance projects, MCL 125.651 et seq.