§ 157-35. Creation of regional housing authority.
§ 157‑35. Creationof regional housing authority.
If the board of county commissioners of each of two or more contiguouscounties having an aggregate population of more than 60,000 by resolutiondeclares that there is a need for one housing authority to be created for allof such counties to exercise powers and other functions herein prescribed for ahousing authority in such counties, a public body corporate and politic to beknown as a regional housing authority for all of such counties shall (after thecommissioners thereof file an application with the Secretary of State ashereinafter provided) thereupon exist for and exercise its powers and otherfunctions in such counties; and thereupon any housing authority created for anyof such counties shall cease to exist except for the purpose of winding up itsaffairs and executing a deed to the regional housing authority as hereinafterprovided: Provided, that the board of county commissioners shall not adopt aresolution as aforesaid if there is a county housing authority created for suchcounty which has any bonds or notes outstanding unless first, all holders ofsuch bonds and notes consent in writing to the substitution of such regionalhousing authority in lieu of such county housing authority on all such bondsand notes; and second, the commissioners of such county housing authority adopta resolution consenting to the transfer of all the rights, contracts,obligations, and property, real and personal, of such county housing authorityto such regional housing authority as hereinafter provided: Provided, further,that when the above conditions are complied with and such regional housingauthority is created and authorized to exercise its powers and other functions,all rights, contracts, agreements, obligations, and property, real andpersonal, of such county housing authority shall be in the name of and vest insuch regional housing authority, and all obligations of such county housingauthority shall be the obligations of such regional housing authority and allrights and remedies of any person against such county housing authority may beasserted, enforced, and prosecuted against such regional housing authority tothe same extent as they might have been asserted, enforced, and prosecutedagainst such county housing authority. When any real property of a countyhousing authority vests in a regional housing authority as provided above, thecounty housing authority shall execute a deed of such property to the regionalhousing authority which thereupon shall file such deed in the office providedfor the filing of deeds: Provided, that nothing contained in this sentenceshall affect the vesting of property in the regional housing authority asprovided above.
The board of county commissioners of each of two or more saidcontiguous counties shall by resolution declare that there is a need for oneregional housing authority to be created for all of such counties to exercisepowers and other functions herein prescribed in such counties, if such board ofcounty commissioners finds (and only if it finds)
(1) Insanitary or unsafe dwelling accommodations exist in thearea of its respective county and/or there is a lack of safe or sanitarydwelling accommodations in the county available for all the inhabitants thereofand
(2) That a regional housing authority for the proposed regionwould be a more efficient or economical administrative unit than a housingauthority for an area having a smaller population to carry out the purposes ofthe housing authorities law and any amendments thereto, in such county.
In determining whether dwelling accommodations are unsafe orinsanitary, the board of county commissioners shall take into consideration thefollowing: the physical condition and age of the buildings; the degree ofovercrowding; the percentage of land coverage; the light and air available tothe inhabitants of such dwelling accommodations; the size and arrangement ofthe rooms; the sanitary facilities; and the extent to which conditions exist insuch buildings which endanger life or property by fire or other causes.
If it shall determine that both (1) and (2) of the above enumeratedconditions exist, the board of county commissioners shall adopt a resolution sofinding (which need not go into any detail other than the mere finding). Afterthe appointment, as hereinafter provided, of the commissioners to act as theregional housing authority, said authority shall be a public body and a bodycorporate and politic upon the completion of the taking of the followingproceedings:
The commissioners shall present to the Secretary of State anapplication signed by them, which shall set forth (without any detail otherthan the mere recital)
(1) That the boards of county commissioners made the aforesaiddetermination and that they have been appointed as commissioners;
(2) The name, and official residence of each of thecommissioners, together with a certified copy of the appointment evidencingtheir right to office, the date and place of induction into and taking oath ofoffice, and that they desire the housing authority to become a public body anda body corporate and politic under this Article;
(3) The term of office of each of the commissioners;
(4) The name which is proposed for the corporation; and
(5) The location of the principal office of the proposedcorporation.
Theapplication shall be subscribed and sworn to by each of said commissionersbefore an officer authorized by the laws of the State to take and certifyoaths, who shall certify upon the application that he personally knows thecommissioners and knows them to be the officers as asserted in the application,and that each subscribed and swore thereto in the officer's presence. TheSecretary of State shall examine the application and if he finds that the nameproposed for the corporation is not identical with that of a person or of anyother corporation of this State or so nearly similar as to lead to confusionand uncertainty he shall receive and file it and shall record it in anappropriate book of record in his office.
When the application has been made, filed and recorded, as hereinprovided, the authority shall constitute a public body and a body corporate andpolitic under the name proposed in the application; the Secretary of Stateshall make and issue to the said commissioners, a certificate of incorporationpursuant to this Article, under the seal of the State, and shall record thesame with the application.
In any suit, action or proceeding involving the validity or enforcementof, or relating to any contract of the regional housing authority, the regionalhousing authority shall be conclusively deemed to have been established inaccordance with the provisions of this Article upon proof of the issuance ofthe aforesaid certificate by the Secretary of State. A copy of such certificate,duly certified by the Secretary of State, shall be admissible in evidence inany such suit, action or proceeding, and shall be conclusive proof of thefiling and contents thereof. (1941, c. 78, s. 4; 1943, c. 636, ss. 3, 7; 1998‑217, s. 20.)