36-41 - Increasing area of operation of regional housing authority.
§ 36-41. Increasing area of operation of regional housing authority.
The area of operation of a regional housing authority shall be increased fromtime to time to include one or more additional contiguous counties notalready within a regional housing authority if the board of supervisors ofeach of the counties then included in the area of operation of such regionalhousing authority, the commissioners of the regional housing authority andthe board of supervisors of each such additional county or counties eachadopt a resolution declaring that there is a need for the inclusion of suchadditional county or counties in the area of operation of such regionalhousing authority. Upon the adoption of such resolutions, the county housingauthority created for each such additional county shall cease to exist exceptfor the purpose of winding up its affairs and executing a deed to theregional housing authority as hereinafter provided; provided, however, thatsuch resolutions shall not be adopted if there is a county housing authoritycreated for any such additional county which has any obligations outstandingunless first, all obligees of any such county housing authority and partiesto the contracts, bonds, notes, and other obligations of any such countyhousing authority consent in writing to the substitution of such regionalhousing authority in lieu of such county housing authority on all suchcontracts, bonds, notes, or other obligations; and second, the commissionersof such county housing authority adopt a resolution consenting to thetransfer of all the rights, contracts, obligations, and property, real andpersonal, of such county housing authority to such regional housing authorityas hereinafter provided; and provided further that when the above twoconditions are complied with and the area of operation of such regionalhousing authority is increased to include such additional county, ashereinabove provided, all rights, contracts, agreements, obligations, andproperty of such county housing authority shall be in the name of and vest insuch regional housing authority, 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 maybe asserted, enforced, and prosecuted against such regional housing authorityto the same extent as they might have been asserted, enforced, and prosecutedagainst such county housing authority.
When any real property of a county housing authority vests in a regionalhousing authority as provided above, the county housing authority shallexecute a deed of such property to the regional housing authority whichthereupon shall file such deed in the office provided for the filing ofdeeds, provided that nothing contained in this sentence shall affect thevesting of property in the regional housing authority as provided above.
The board of supervisors of each of the counties in the regional housingauthority, the commissioners of the regional housing authority and the boardof supervisors of each such additional county or counties shall by resolutiondeclare that there is need for the inclusion of such county or counties inthe area of operation of the regional housing authority, if (a) the board ofsupervisors of each such additional county or counties finds that insanitaryor unsafe inhabited dwelling accommodations exist in such county or there isa shortage of safe or sanitary dwelling accommodations in such countyavailable to persons of low income at rentals they can afford and (b) theboard of supervisors of each of the counties then included in the area ofoperation of the regional housing authority, the commissioners of theregional housing authority and the board of supervisors of each suchadditional county or counties find that the regional housing authority wouldbe a more efficient or economical administrative unit to carry out thepurposes of this Housing Authorities Law if the area of operation of theregional housing authority is increased to include such additional county orcounties.
(1942, p. 318; Michie Code 1942, § 3145(4b).)