§ 157-39.5. Consolidated housing authority.
§ 157‑39.5. Consolidated housing authority.
If the governing body of each of two or more municipalities (with apopulation of less than 500, but having an aggregate population of more than500) by resolution declares that there is a need for one housing authority forall of such municipalities to exercise in such municipalities the powers andother functions prescribed for a housing authority, a public body corporate andpolitic to be known as a consolidated housing authority (with such corporatename as it selects) shall thereupon exist for all of such municipalities andexercise its powers and other functions within its area of operation (as hereindefined), including the power to undertake projects therein; and thereupon anyhousing authority created for any of such municipalities shall cease to existexcept for the purpose of winding up its affairs and executing a deed of itsreal property to the consolidated housing authority: Provided, that thecreation of a consolidated housing authority and the finding of need thereforshall be subject to the same provisions and limitations of this HousingAuthorities Law as are applicable to the creation of a regional housingauthority and that all of the provisions of this Housing Authorities Lawapplicable to regional housing authorities and the commissioners thereof shallbe applicable to consolidated housing authorities and the commissionersthereof: Provided, further that the area of operation or boundaries of aconsolidated housing authority shall include all of the territory within theboundaries of each municipality joining in the creation of such authoritytogether with the territory within 10 miles of the boundaries of each suchmunicipality, except that such area of operation may be changed to include or excludeany municipality or municipalities (with its aforesaid surrounding territory)in the same manner and under the same provisions as provided in this Articlefor changing the area of operation of a regional housing authority by includingor excluding a contiguous county or counties: Provided, further, that for allsuch purposes the term "board of county commissioners" shall beconstrued as meaning "governing body" except in G.S. 157‑36,where it shall be construed as meaning "mayor" or other executive headof the municipality, the term "county" shall be construed as meaning"municipality," the term "clerk" shall be construed asmeaning "clerk of the municipality or officer with similar duties,"the term "region" shall be construed as meaning "area of operationof the consolidated housing authority" and the terms "county housingauthority" and "regional housing authority" shall be construedas meaning "housing authority of the city" and "consolidatedhousing authority," respectively, unless a different meaning clearlyappears from the context.
The governing body of any such municipality for which a housingauthority has not been created may adopt the above resolution if it firstdetermines that there is a need for a housing authority to function in said municipality,which determination shall be made in the same manner and subject to the sameconditions as the determination required by G.S. 157‑4 for the creationof a housing authority for a city: Provided, that after notice given by theclerk (or officer with similar duties) of the municipality, the governing bodyof the municipality may, without a petition therefor, hold a hearing todetermine the need for a housing authority to function therein.
Except as otherwise provided herein, a consolidated housing authorityand the commissioners thereof shall, within the area of operation of suchconsolidated housing authority have the same functions, rights, powers, duties,privileges, immunities and limitations as those provided for housingauthorities created for cities, counties, or groups of counties and thecommissioners of such housing authorities, in the same manner as though allthe provisions of law applicable to housing authorities created for cities,counties, or groups of counties were applicable to consolidated housingauthorities. (1943, c. 636, s.5; 1961, c. 200, s. 3; 1965, c. 431, s. 3.)