Chapter 10 - Housing Projects
CHAPTER 10 - HOUSING PROJECTS
15-10-101. Definitions.
(a) As used in this chapter:
(i) "Area of operation" means the area within theboundaries of a municipality or county as the case may be or, in the case ofcombined operations of municipalities and counties, the area comprising theoperating area of all the municipalities and counties so combining. In thecase of a housing authority, all the area of operation of the municipality orcounty, or the combined area of two (2) or more municipalities and counties forwhich the housing authority is established;
(ii) "Housing project" or "project" meansany undertaking on contiguous or noncontiguous sites to:
(A) Make plans and undertake surveys to carry out the purposesof this chapter;
(B) Demolish, clear or remove unsafe or unsanitary orsubstandard buildings; or
(C) Provide, or assist in providing by any suitable methoddecent, safe and sanitary housing and related facilities to persons of lowincome.
(iii) "Person" means any individual, firm, corporation,partnership, company, association or institution;
(iv) "Persons of low income" means persons or familieswho, as determined by the public body undertaking a project, cannot afford topay the amounts at which private enterprise, unaided by public subsidy, isproviding decent, safe and sanitary housing;
(v) "Political subdivision" means county, city ortown, school district or any other local government entity of the state or theofficers thereof.
15-10-102. Findings prerequisite to exercising authority.
(a) No municipality or county shall exercise the authorityconferred by this chapter until its governing body adopts a resolution findingthat:
(i) Unsanitary or unsafe or substandard inhabited dwellingaccommodations exist in the municipality or county; or
(ii) There is a shortage of safe and sanitary dwellingaccommodations in the municipality or county available to persons of low incomeat rentals or prices they can afford.
15-10-103. Powers of municipalities and counties generally.
(a) Every municipality and county may:
(i) Prepare, carry out and operate projects and provide for theacquisition, construction, reconstruction, rehabilitation, improvement,extension, alteration or repair of any project;
(ii) Lease, rent, sell or lease with option to purchase anydwellings, accommodations, lands, buildings, structures or facilities embracedin any project and establish and revise the rents or charges therefor;
(iii) Own, hold and improve real or personal property;
(iv) Acquire by any means any property or any interest therein;
(v) Sell, lease, exchange, transfer, assign, pledge or disposeof any real or personal property or any interest therein;
(vi) Make loans for the provision of housing for occupancy bypersons of low income;
(vii) Insure any property or operations against any risks orhazards;
(viii) Invest any funds held in reserves or sinking funds, or anyfunds not required for immediate disbursement, in property or securities inwhich savings banks may legally invest funds subject to their control; toredeem its bonds at the redemption price established therein or to purchase itsbonds at less than the redemption price and ensure that all bonds so redeemedor purchased are cancelled;
(ix) Prepare plans for and assist in the relocation of persons(including individuals, families, business concerns, nonprofit organizationsand others) displaced from a housing project site.
15-10-104. Property provisions inapplicable.
Noprovision of law with respect to the acquisition, operation or disposition ofproperty by public bodies is applicable to a municipality or county exercisingpowers under this chapter unless specifically provided by the legislature.
15-10-105. Joint exercise of powers; increasing area of operation.
(a) Any powers capable of exercise by a municipality or countyunder this chapter may be exercised jointly with any other municipality orcounty or combinations thereof.
(b) The area of operation of any municipality, county orhousing authority or any combination of these bodies operating jointly may beincreased to include additional contiguous areas upon the request or consent,by resolution, of the governing body of the municipality or county within whichthe additional area lies.
15-10-106. Dwellings for major disaster victims.
Notwithstandingthe provisions of this chapter or any other provisions of law during the perioda municipality or county determines there is an acute need for housing toassure the availability of dwellings for victims of a major disaster, themunicipality or county, as the case may be, may undertake the development andadministration of housing projects for the federal government, and dwellings inany housing project under its jurisdiction may be made available to victims ofa major disaster.
15-10-107. Tax exemption for public property; exception.
Theproperty of a municipality or county acquired or held pursuant to this chapteris public property used for essential public, governmental purposes and isexempt from all taxes and special assessments of any public body. This taxexemption does not apply to any portion of a project used for a profitmakingenterprise, but in taxing those portions appropriate allowance shall be madefor any expenditure by a municipality or county for utilities or other publicservices which it provides to the property. In lieu of taxes on property exemptunder this section, a municipality or county may agree to make such payments toany public body as it finds consistent with the maintenance of the low-rentcharacter of housing projects and the achievement of the purpose of thischapter.
15-10-108. Financing; borrowing; obligations authorized; security; debtprovisions inapplicable; tax exemption.
(a) A municipality or county may borrow funds and issue anytypes of obligations it determines are necessary for the purpose of financinghousing for persons of low income, including obligations on which the principaland interest are payable exclusively from the income and revenues:
(i) Of the project financed with the proceeds of theobligations; or
(ii) Of certain designated projects whether or not they arefinanced in whole or in part with the proceeds of the obligations.
(b) The obligations specified in subsection (a) of this sectionmay be additionally secured by a pledge of any loan, grant or contributions, orparts thereof, from the federal government or other source or a pledge of anyincome or revenues connected with a housing project.
(c) Neither the governing body nor any person executing anobligation as specified in subsection (a) of this section is liable personallythereon by reason of the issuance thereof. The obligations issued under thischapter are payable solely from the sources provided in this section and do notconstitute an indebtedness of the municipality or county within the meaning ofany constitutional or statutory debt limitation or restriction and are notgeneral obligations of the municipality or county. The obligations are declaredto be issued for an essential public and governmental purpose and to be publicinstrumentalities and, together with interest thereon and income therefrom, areexempt from taxes. The tax exemption provisions of this chapter are consideredpart of the contract for the security of the obligations authorized by thischapter and need not be restated in the obligations.
15-10-109. Financing; form and manner of issuing obligations;negotiability; presumptions.
(a) Obligations issued pursuant to this chapter shall beauthorized by resolution and may:
(i) Be issued in a form and manner and subject to the terms andconditions the resolution provides;
(ii) Be sold at public or private sale.
(b) Any provision of any law to the contrary notwithstanding,any obligations issued pursuant to this chapter are fully negotiable.
(c) In any suit, action or proceeding involving the validity orenforceability of any obligation issued pursuant to this chapter or thesecurity therefor, any obligation reciting in substance that it has been issuedby the municipality or county to aid in financing a project is conclusivelydeemed to have been issued for that purpose, and the project is conclusivelydeemed to have been planned, located and carried out in accordance with thepurposes and provisions of this chapter.
15-10-110. Financing; exemption from judicial process; exception;waiver.
Allproperty acquired or held by a municipality or county pursuant to this chapteris exempt from levy and sale by virtue of an execution, and no execution orother judicial process shall issue against the property, nor shall any judgmentagainst the municipality or county be a charge or lien upon the property. Theprovisions of this section do not apply to or limit the right of obligees topursue any remedies for the enforcement of any pledge or lien given by themunicipality or county on its rents, fees or revenues or the right of thefederal government to pursue any remedies conferred upon it pursuant to thischapter. A municipality or county may waive its exemption under this sectionwith respect to claims against any profitmaking enterprise occupying anyportion of a project, provided that a waiver does not affect or impair therights of any obligee of the municipality or county.
15-10-111. Financing; federal assistance.
Anymunicipality or county may borrow money or accept financial assistance from thefederal government for any project or related activities. A municipality orcounty may include in any contract for financial assistance with the federalgovernment any provisions which the federal government requires as conditionsto its financial aid consistent with the purposes of this chapter.
15-10-112. Power of eminent domain.
(a) A municipality or county has the right to acquire by theexercise of the power of eminent domain any real property or interest thereinwhich it deems necessary for its purposes under this chapter after adopting aresolution declaring that the acquisition of the real property described in theresolution is necessary for such purposes. A municipality or county mayexercise the power of eminent domain in the manner provided by law.
(b) Property already devoted to a public use may be acquired bythe power of eminent domain, provided that no real property belonging to anypublic body may be acquired without its consent.
15-10-113. Powers of public bodies generally; agreements; effectthereof; notice.
(a) Consistent with the intent of this chapter, any publicbody, upon terms it determines, may:
(i) Dedicate, convey or lease any of its interest in any property,or grant easements or any other rights therein to a municipality, or county, orto the federal government;
(ii) Cause parks, playgrounds or recreational, community,educational, water, sewer or drainage facilities, or any other works which itis otherwise empowered to undertake, to be furnished adjacent to or inconnection with those projects and to incur the entire expense of any publicimprovements made pursuant to this chapter;
(iii) Furnish, dedicate, close, pave, install, grade, regrade, planor replan streets, roads, roadways, alleys, sidewalks or other places which itis otherwise empowered to undertake;
(iv) Plan or replan, zone or rezone any parts of a project;
(v) Make exceptions from building regulations and ordinancesand make changes in its map;
(vi) Cause services to be furnished to a municipality or countyof the character which the public body is otherwise empowered to furnish;
(vii) Do any and all things necessary or convenient to aid andcooperate in the planning, undertaking, construction or operation of theprojects;
(viii) Enter into agreements with a municipality or countyrespecting action to be taken by the public body pursuant to powers granted bythis chapter.
(b) If title to or possession of any project is held by anypublic body or governmental agency authorized by law to engage in thedevelopment or administration of low-rent housing or slum clearance projects,including any agency or instrumentality of the United States of America, theprovisions of the agreements shall inure to the benefit of and may be enforcedby the public body or governmental agency.
(c) Any sale, conveyance, lease or agreement by a public bodyprovided for in this section may be made after public notice, notwithstandingany other laws to the contrary.
15-10-114. When investment in bonds authorized; duty of care; otherrestrictions inapplicable.
(a) The state or any officer thereof, any politicalsubdivision, any person carrying on a banking or insurance business and any fiduciarymay legally invest any funds belonging to them or within their control in anybonds issued pursuant to this chapter or issued by any public housing authorityor agency in the United States, any of its territories, the District ofColumbia, Puerto Rico, Guam or the Virgin Islands, when the bonds are securedby:
(i) A pledge of annual contributions or other financialassistance to be paid by the United States government or any agency thereof; or
(ii) An agreement between the United States government or anyagency thereof and the municipality, county, public housing authority or agencyin which the United States government or any agency thereof agrees to lend tothe municipality, county, public housing authority or agency, prior to thematurity of the bonds, monies which:
(A) When together with any other monies irrevocably committedto the payment of interest on the bonds will suffice to pay the principal ofthe bonds or other obligations with interest to maturity;
(B) Under the terms of the agreement are required to be usedfor this purpose.
(b) The bonds specified in subsection (a) of this section areauthorized security for all public deposits and are fully negotiable in thisstate.
(c) Nothing contained in this section shall be construed asrelieving any person from any duty of exercising reasonable care in selectingsecurities.
(d) The provisions of this section apply notwithstanding anyrestrictions on investments contained in other laws.
15-10-115. Powers which may be exercised by municipality or county orby authority.
(a) A municipality or county may exercise its housing projectpowers or, if its governing body determines such action to be in the publicinterest, may establish a housing authority pursuant to W.S. 15-10-116 andelect to have these powers exercised by it. A housing authority so establishedis vested with all powers conferred by this chapter on municipalities andcounties except that the following functions must be exercised by themunicipality or county itself:
(i) The findings required to be made as provided in W.S.15-10-102;
(ii) The power to approve a housing project;
(iii) The powers relating to cooperation among municipalities andcounties under W.S. 15-10-113;
(iv) The powers of municipalities and counties under subsection(a) of this section; and
(v) The power to establish a housing authority under theprovisions of W.S. 15-10-116.
15-10-116. Housing authority; creation; form; commissioners;proceedings; officers, agents; proof of establishment.
(a) There is created in each municipality and county a publicbody corporate and politic to be known as the "housing authority" ofa municipality or county.
(b) If the governing body of each of two (2) or moremunicipalities or counties, or combinations of municipalities and counties, hasmade the finding prescribed in W.S. 15-10-102, has taken the necessary actionto cooperate with one another and has elected as provided in W.S. 15-10-115 tohave its housing project powers exercised by a housing authority created forall the municipalities or counties so joining or cooperating, a public bodycorporate and politic to be known as a regional housing authority shallthereupon exist for all these municipalities or counties or combinations thereof. Additional municipalities or counties may elect to have the regional authorityexercise their powers upon taking the actions specified in this subsection, andwith the consent, by resolution, of all the municipalities and counties havingelected to have their powers exercised by the regional authority.
(c) If a housing authority has been created and authorized toexercise housing project powers, commissioners of the authority shall beappointed as follows:
(i) In the case of a municipal housing authority, the mayor,with the advice and consent of the governing body, shall appoint five (5)persons as commissioners;
(ii) In the case of a county housing authority, the governingbody shall appoint five (5) commissioners. Commissioners who are first appointedto a municipal or county authority shall be designated to serve for terms ofone (1), two (2), three (3), four (4) and five (5) years, respectively, fromthe date of their appointment. Thereafter commissioners shall be appointed asspecified for a term of five (5) years and until their successors are chosen,except that all vacancies shall be filled for the unexpired term;
(iii) In the case of a regional housing authority, the governingbody of each municipality and county participating shall appoint one (1) personas a commissioner of the authority. If only two (2) municipalities or countiesor a combination thereof are participating, the commissioners appointed by thegoverning bodies of the participants shall appoint one (1) additional commissioner. The commissioners of a regional authority shall be appointed for terms of five(5) years, except that all vacancies shall be filled for the unexpired term;
(iv) Each commissioner shall qualify by taking the official oathof office prescribed by general statute;
(v) A commissioner shall not receive compensation for hisservices but is entitled to reimbursement for necessary expenses incurred inthe discharge of his duties;
(vi) Each commissioner shall hold office until his successor hasbeen appointed and has qualified. A certificate of appointment orreappointment of any commissioner shall be filed with the authority, and thiscertificate is conclusive evidence of the due and proper appointment of thecommissioner.
(d) The powers of each authority are vested in thecommissioners. The commissioners shall elect from among their members achairman and vice chairman. A majority of the commissioners of an authorityconstitute a quorum for all purposes, notwithstanding the existence of any vacancies. Action may be taken by the authority upon a vote of a majority of thecommissioners present, unless in any case the bylaws of the authority require alarger number. Meetings of the commissioners of an authority may be heldanywhere within the area of operation of the authority or within any additionalarea in which the authority is authorized to undertake a project.
(e) An authority may employ an executive director, legal andtechnical experts and such other officers, agents and employees as it requires,and shall determine their qualifications, duties and compensation. Anauthority may delegate to one (1) or more of its agents or employees any powersor duties it deems proper.
(f) In any suit, action or proceeding involving the validity orenforcement of or relating to any contract of the authority, an authority isconclusively deemed to be established and authorized to transact business andexercise its powers upon proof of compliance with the provisions of paragraphs(c)(i) or (ii) of this section, as the case may be. A copy of the resolutionsrequired to be adopted by the governing body electing to have its housingproject powers exercised by a housing authority shall be filed with the clerk. A copy of the resolution duly certified by the clerk is admissible in evidencein any suit, action or proceeding.
15-10-117. Housing authority; removal of commissioners.
Acommissioner of an authority may be removed by the mayor, or in the case of acounty or regional authority, by the body or official which appointed thecommissioner, for inefficiency, neglect of duty or misconduct in office. Acommissioner shall be removed only after a hearing and after he has been givena copy of the charges at least ten (10) days prior to the hearing and has hadan opportunity to be heard in person or by counsel. If any commissioner isremoved, a record of the proceedings, together with the charges and findingsthereon, shall be filed in the office of the clerk.