9-4-603 - Creation of housing authority authorized -- Procedure.
9-4-603. Creation of housing authority authorized -- Procedure.
(1) The governing body of each public body of the state, except the state, itself, maycreate an authority, corporate and politic, to be known as a "housing authority."
(2) The governing body of a city or county shall give consideration to the need for anauthority:
(a) on its own motion; or
(b) upon the filing of a petition signed by 25 electors of the city or county asserting thatthere is need for an authority to function in the city or county and requesting that its governingbody so declare.
(3) The governing body shall adopt a resolution declaring there is need for an authorityand creating an authority in the city or county if it finds:
(a) that unsanitary or unsafe inhabited dwelling accommodations exist in the city orcounty; or
(b) that there is a shortage of safe and sanitary dwelling accommodations in the city orcounty available to persons of medium and low income at rentals or prices they can afford.
(4) In any suit, action, or proceeding involving the validity or enforcement of any contractof the authority, an authority shall be conclusively deemed to have become established andauthorized to transact business and exercise its powers upon proof of the adoption of theresolution prescribed in Subsection (3). A copy of the resolution duly certified by the clerk shallbe admissible in evidence in any suit, action, or proceeding.
(5) In counties of the third, fourth, fifth, and sixth class, the governing body of eachpublic body of the state, except the state itself, may contract with or execute an interlocalagreement for services to be provided by an existing housing authority established in anotherpolitical subdivision.
Amended by Chapter 52, 1997 General Session