[HISTORY: Adopted by the Township Committee
of the Township of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-21-1968 by Ord. No. O-8-68]
There is hereby created a body corporate and
politic to be known as the "Housing Authority of the Township of Franklin."
A.Â
Said Housing Authority of the Township of Franklin
shall consist of six members who shall be appointed and hold office
for the terms as hereinafter provided. The governing body shall appoint
five Commissioners of the Authority. These Commissioners first appointed
by the governing body shall be designated to serve for terms of one,
two, three, four and five years, respectively, from the date of their
appointment, but thereafter Commissioners so appointed shall hold
office for a term of five years, except that all vacancies shall be
filled for the unexpired term. The Director of the Public Housing
and Development Authority in the State Department of Conservation
and Economic Development shall, on receipt of notification of the
creation of a Housing Authority, appoint one member thereof who shall
hold office at the said Director's pleasure. Commissioners shall receive
no compensation for their services but they shall be entitled to the
necessary expenses, including traveling expenses incurred in the discharge
of their respective duties. Not more than one Commissioner may be
an officer or employee of the Township of Franklin.
B.Â
The powers of the Housing Authority shall be vested
in the Commissioners thereof in office from time to time. Three members
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 the affirmative vote of
the majority, but not less than three, of the Commissioners present,
unless in any case the bylaws of the Authority shall require a larger
number. The Housing Authority shall select a Chairman and a Vice Chairman
from among its Commissioners, and it may employ a secretary (who shall
be 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, the Housing Authority shall
call upon the Township Solicitor of the Township of Franklin. The
Housing Authority may delegate to one or more of its agents or employees
such powers and duties as it may deem proper.
C.Â
No Commissioner or employee of the Housing Authority
shall acquire any interest direct or indirect in any housing project
or in any property included or planned to be included in the project,
nor shall he have any interest direct or indirect in any contract
or proposed contract for materials or services to be furnished or
used in connection with any housing project. If any Commissioner or
employee of the Housing Authority owns or controls an interest direct
or indirect in any property included or planned to be included in
a housing project, he immediately shall disclose the same in writing
to the Housing Authority and such disclosure shall be entered upon
the minutes of the Authority. Failure so to disclose such interest
shall constitute misconduct in office. Upon such disclosure such Commissioner
or employee shall not participate in any action by the Housing Authority
affecting such property. For any deficiency for neglect of duty or
misconduct in office, a Commissioner may be removed by the governing
body which made the original appointment, but a Commissioner shall
be removed only after he shall have been given a copy of the charges
at least 10 days prior to the hearing thereon and had an opportunity
to be heard in person or by counsel.
The Authority shall constitute a public body
corporate and politic, exercising public and essential governmental
functions, and having all the powers necessary or convenient to carry
out and effectuate the purposes and provisions allowed by law, including
the following powers in addition to others herein granted:
A.Â
To sue and be sued; to have a seal and to alter the
same at pleasure; to have perpetual succession; to make and execute
contracts and other instruments necessary or convenient to the exercise
of the powers of the Authority; and to make and from time to time
amend and repeal bylaws, rules and regulations (not inconsistent with
the state laws); to carry into effect the powers and purposes of the
Authority.
B.Â
Within the Township of Franklin: to prepare, carry
out, acquire, lease and operate housing projects; to provide for the
construction, reconstruction, improvement, alteration or repair of
any housing project or any part thereof.
C.Â
To arrange or contract, in the manner now prescribed
by law concerning municipalities, except as otherwise provided by
the rules or regulations of the federal government for the furnishing
by any person or agency, public or private, of services, privileges,
works or facilities for, or in connection with, a housing project
or the occupants thereof; and (notwithstanding anything to the contrary)
to agree to any conditions attached to federal financial assistance
relating to the determination of prevailing salaries or wages or to
payment of not less than prevailing salaries or wages or to compliance
with labor standards in the development or administration of projects,
and to include in any contract let in connection with a project stipulations
requiring that the contractor and any subcontractors, comply with
requirements as to minimum wages and maximum hours of labor, and comply
with any conditions which the federal government may have attached
to its financial aid of the project.
D.Â
To lease or rent any dwellings, houses, accommodations,
lands, buildings, structures or facilities embraced in any housing
project and (subject to the limitations of state laws) to establish
and revise the rents or charges therefor; to own, hold and improve
real or personal property; to purchase, lease, obtain options upon,
acquire by gift, grant, bequest, devise or otherwise, any real or
personal property or any interest therein; to acquire by the exercise
of the power of eminent domain any real property; to sell, lease,
exchange, transfer, assign, pledge or dispose of any real or personal
property or any interest therein; to insure or provide for the insurance
of any real or personal property or operations of the Authority against
any risks or hazards; to procure or agree to the procurement of insurance
or guarantees from the federal government of the payment of any bonds
or parts thereof issued by an Authority, including the power to pay
premiums on any such insurance.
E.Â
To invest any funds held in reserve or sinking funds,
or any funds not required for immediate disbursement, in property
or securities in which savings banks may legally invest funds subject
to their control; to purchase its bonds at a price not more than the
principal amount thereof and accrued interest, all bonds so purchased
be canceled.
F.Â
Within the Township of Franklin: to investigate into
living, dwelling and housing conditions and into the means and methods
of improving such conditions; to determine where slum areas exist
or where there is a shortage of decent, safe and sanitary dwelling
accommodations for persons of low income; to make studies and recommendations
relating to the problem of clearing, replanning and reconstruction
of slum areas, and the problem of providing dwelling accommodations
for persons of low income, and to cooperate with any public body in
action taken in connection with such problems; and to engage in research,
studies and experimentation on the subject of housing.
G.Â
To issue bonds for any of its corporate purposes;
to issue refunding bonds for the purpose of paying or retiring bonds
previously issued by it; to issue bonds on which the principal and
interest are payable exclusively from the income and revenues of the
housing project financed with the proceeds of such bonds; to issue
bonds on which the principal and interest are payable exclusively
from the income and revenue of certain designated housing projects
whether or not they are financed in whole or in part with the proceeds
of such bonds; to issue bonds on which the principal and interest
are payable from revenues generally.
H.Â
To adopt, initiate and carry out redevelopment projects
within the Township of Franklin; to exercise all necessary and legal
powers and duties pursuant thereto.
I.Â
To exercise all or any part or combination of powers
granted by law.
[Adopted 8-9-2016 by Ord.
No. O-11-2016]
Pursuant to N.J.S.A. 55:14A-1 et seq., and specifically N.J.S.A.
55:14A-4, the Township of Franklin hereby requests and consents to
be included within the area of operation of the Housing Authority
of Gloucester County.
The powers, duties and obligations of the Township of Franklin
in relation to the powers, duties and obligations of the Housing Authority
of Gloucester County will be governed by the provisions of R.S. 55:14A-1,
et seq.
