9-4-602 - Definitions.
9-4-602. Definitions.
As used in this part:
(1) "Area of operation" means:
(a) in the case of an authority of a city, the city, except that the area of operation of anauthority of any city does not include any area that lies within the territorial boundaries of someother city; or
(b) in the case of an authority of a county, all of the county for which it is created except,that a county authority may not undertake any project within the boundaries of any city unless aresolution has been adopted by the governing body of the city (and by any authority which shallhave been theretofore established and authorized to exercise its powers in the city) declaring thatthere is need for the county authority to exercise its powers within that city.
(2) "Blighted area" means any area where dwellings predominate that, by reason ofdilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitaryfacilities or any combination of these factors, are detrimental to safety, health, and morals.
(3) "Bonds" means any bonds, notes, interim certificates, debentures, or other obligationsissued by an authority pursuant to this part.
(4) "City" means any city or town in the state.
(5) "Clerk" means the city clerk or the county clerk, or the officer charged with the dutiescustomarily imposed on the clerk.
(6) "County" means any county in the state.
(7) "Elderly" means a person who meets the age, disability, or other conditionsestablished by regulation of the authority.
(8) "Federal government" includes the United States of America, the Department ofHousing and Urban Development, or any other agency or instrumentality, corporate or otherwise,of the United States.
(9) "Governing body" means, in the case of a city, the council or other body of the city inwhich is vested legislative authority customarily imposed on the city council, and in the case of acounty, the board of county commissioners.
(10) "Housing authority" or "authority" means any public body corporate and politiccreated by this part.
(11) (a) "Housing project" or "project" means any work or undertaking, on contiguous ornoncontiguous sites to:
(i) demolish, clear, or remove buildings from any blighted area;
(ii) provide or assist in providing decent, safe, and sanitary urban or rural dwellings,apartments, or other living accommodations for persons of medium and low income by anysuitable methods, including rental, sale of individual units in single or multifamily structuresunder conventional condominium, cooperative sales contract, lease-purchase agreement, loans, orsubsidizing of rentals or charges; or
(iii) accomplish a combination of the foregoing.
(b) "Housing project" includes:
(i) buildings, land, equipment, facilities, and other real or personal property fornecessary, convenient, or desirable appurtenances;
(ii) streets, sewers, water service, utilities, parks, site preparation and landscaping;
(iii) facilities for administrative, community, health, recreational, welfare, or otherpurposes;
(iv) the planning of the buildings and other improvements;
(v) the acquisition of property or any interest therein;
(vi) the demolition of existing structures;
(vii) the construction, reconstruction, rehabilitation, alteration, or repair of theimprovements and all other work in connection with them; and
(viii) all other real and personal property and all tangible or intangible assets held or usedin connection with the housing project.
(12) "Major disaster" means any flood, drought, fire, hurricane, earthquake, storm, orother catastrophe which in the determination of the governing body is of sufficient severity andmagnitude to warrant the use of available resources of the federal, state, and local governments toalleviate the damage, hardship, or suffering caused.
(13) "Mayor" means the mayor of the city or the officer charged with the dutiescustomarily imposed on the mayor or executive head of a city.
(14) "Obligee of an authority" or "obligee" includes any bondholder, agent or trustee forany bondholder, any lessor demising to the authority used in connection with a project, anyassignee or assignees of the lessor's interest in whole or in part, and the federal government whenit is a party to any contract with the authority.
(15) "Persons of medium and low income" mean persons or families who, as determinedby the authority undertaking a project, cannot afford to pay the amounts at which privateenterprise, unaided by appropriate assistance, is providing a substantial supply of decent, safe andsanitary housing.
(16) "Person with a disability" means a person with any disability as defined by andcovered under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102.
(17) "Public body" means any city, county or municipal corporation, commission,district, authority, agency, subdivision, or other body of any of the foregoing.
(18) "Real property" includes all lands, improvements, and fixtures on them, property ofany nature appurtenant to them or used in connection with them, and every estate, interest, andright, legal or equitable, including terms for years.
Amended by Chapter 378, 2010 General Session