2000 Legislation
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HOUSE BILL NO. 775 – Cnty housing authorty/continue/when

HOUSE BILL NO. 775

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H0775......................................................by STATE AFFAIRS
COUNTY HOUSING AUTHORITIES - Amends existing law to allow a county housing
authority to continue to own and operate housing projects in a city after
the city creates a housing authority or a city which has a housing
authority annexes the area where the projects are located if the county
authority has become financially obligated with respect to such projects;
to provide additional powers of county housing authorities; to authorize
the county to lend money to a county housing authority and to provide for
reimbursement to the county; to provide that bonds may be repaid from all
or part of the housing authority's revenues or assets generally and to
authorize the housing authority to pledge any income or revenues or a
mortgage of any housing project or other property of the authority; and to
provide for a mortgage of the authority's real or personal property to
secure the payment of bonds or other obligations.
                                                                        
03/23    House intro - 1st rdg - to printing
03/24    Rpt prt - to St Aff

Bill Text


 H0775
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 775
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COUNTY HOUSING AUTHORITIES; AMENDING SECTION 31-4203, IDAHO  CODE,
  3        TO REVISE DEFINITIONS, TO PROVIDE THAT A COUNTY HOUSING AUTHORITY MAY CON-
  4        TINUE  TO  OWN AND OPERATE HOUSING PROJECTS FOR WHICH IT HAS BECOME FINAN-
  5        CIALLY OBLIGATED WITHIN A CITY THAT CREATES A HOUSING AUTHORITY OR  WITHIN
  6        AN AREA ANNEXED BY A CITY THAT HAS CREATED OR SUBSEQUENTLY CREATES A HOUS-
  7        ING AUTHORITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-4204,
  8        IDAHO  CODE,  TO  PROVIDE ADDITIONAL POWERS OF COUNTY HOUSING AUTHORITIES;
  9        AMENDING SECTION 31-4209, IDAHO CODE, TO  AUTHORIZE  THE  COUNTY  TO  LEND
 10        MONEY  TO  A  COUNTY HOUSING AUTHORITY AND TO PROVIDE FOR REIMBURSEMENT TO
 11        THE COUNTY; AMENDING SECTION 31-4216, IDAHO CODE, TO  PROVIDE  THAT  BONDS
 12        MAY  BE  REPAID  FROM  ALL  OR PART OF THE HOUSING AUTHORITY'S REVENUES OR
 13        ASSETS GENERALLY AND TO AUTHORIZE THE  HOUSING  AUTHORITY  TO  PLEDGE  ANY
 14        INCOME  OR REVENUES OR A MORTGAGE OF ANY HOUSING PROJECT OR OTHER PROPERTY
 15        OF THE AUTHORITY AND  TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION
 16        31-4218,  IDAHO CODE, TO PROVIDE FOR A MORTGAGE OF THE AUTHORITY'S REAL OR
 17        PERSONAL PROPERTY TO SECURE THE PAYMENT OF  BONDS  OR  OTHER  OBLIGATIONS;
 18        AMENDING  SECTION  31-4224, IDAHO CODE, TO DELETE LIMITATIONS ON THE POWER
 19        OF AN AUTHORITY TO MORTGAGE ITS PROPERTY; AMENDING SECTION 50-1903,  IDAHO
 20        CODE,  TO  PROVIDE THAT A COUNTY HOUSING AUTHORITY MAY CONTINUE TO OWN AND
 21        OPERATE HOUSING PROJECTS FOR WHICH IT  HAS  BECOME  FINANCIALLY  OBLIGATED
 22        WITHIN  A  CITY OR AREA ANNEXED BY A CITY AFTER THE CITY CREATES A HOUSING
 23        AUTHORITY OR THE AREA IS ANNEXED BY A CITY WHICH HAS A  HOUSING  AUTHORITY
 24        AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY.
                                                                        
 25    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 26        SECTION  1.  That  Section 31-4203, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        31-4203.  DEFINITIONS. The following terms, wherever used or  referred  to
 29    in  this  chapter, shall have the following respective meanings, unless a dif-
 30    ferent meaning clearly appears from the context:
 31        (a)  "Authority" or "Housing Authority" shall mean any of the public  cor-
 32    porations created by section 31-4205, Idaho Code.
 33        (b)  "Housing project" shall mean any work or undertaking:
 34        (1)  tTo demolish, clear or remove buildings from any slum area; such work
 35        or  undertaking  may embrace the adoption of such area to public purposes,
 36        including parks or other recreational or community pruposes purposes; or
 37        (2)  tTo provide decent, safe  and  sanitary  urban  or  rural  dwellings,
 38        apartments  or other living accommodations for persons of low income; such
 39        work or undertaking may include buildings, land, equipment, facilities and
 40        other real or personal property for  necessary,  convenient  or  desirable
 41        appurtenances, roads, sewers, water service, parks, site preparation, gar-
 42        dening,  administrative, community, health, recreational, welfare or other
 43        purposes; or
                                                                        
                                           2
                                                                        
  1        (3)  tTo accomplish a combination of the foregoing.
  2        The term "Hhousing project" also may be applied to  the  planning  of  the
  3    buildings  and  improvements,  the  acquisition of property, the demolition of
  4    existing structures, the construction, reconstruction, alteration  and  repair
  5    of  the improvements and all other work in connection therewith; to buildings,
  6    and the land, equipment, facilities and other real or personal property, which
  7    do not contain dwelling units or other living accommodations  for  persons  of
  8    low-income  when  such  buildings  are utilized for administrative, community,
  9    health, recreational, welfare or other purposes by or for  low-income  persons
 10    or  senior citizens, and redevelopment projects carried out by an authority at
 11    the request of local government when  such  projects  include  dwelling  units
 12    which are sold or rented to persons of low income.
 13        (c)  "Governing  body"  shall  mean  the  council, board of commissioners,
 14    board of trustees or other body having charge of the  fiscal  affairs  of  the
 15    state public body.
 16        (d)  "Federal  government" shall include the United States of America, the
 17    United States department of housing authority and urban  development,  or  any
 18    other  agency  of  or  instrumentality,  corporate or otherwise, of the United
 19    States of America.
 20        (e)  "County" or "counties" shall include all counties  in  the  state  of
 21    Idaho as designated in chapter 1, title 31, Idaho Code.
 22        (f)  "Clerk"  shall  mean the county clerk or the officer charged with the
 23    duties customarily imposed on such clerk.
 24        (g)  "Area of operation" shall mean the entire county  except  within  the
 25    corporate  limits  of  cities in the county which have presently, or hereafter
 26    create, a housing authority under title 50, chapter 19, Idaho  Code;  provided
 27    however,  that  a county housing authority may continue to own and operate any
 28    housing project for which it has become financially obligated which is located
 29    in a city that subsequently creates a housing authority or is  located  in  an
 30    area  annexed  by  a  city  that has created or subsequently creates a housing
 31    authority.
 32        (h)  "Slum" shall mean any area where dwellings predominate which, by rea-
 33    son of dilapidation, overcrowding, lack  of  ventilation,  light  or  sanitary
 34    facilities  or  any  combination  of these factors, are detrimental to safety,
 35    health or morals.
 36        (i)  "Person of low income" shall mean persons or families  who  lack  the
 37    amount  of income which is necessary (as determined by the authority undertak-
 38    ing the housing project) to enable them, without financial assistance, to live
 39    in decent, safe and sanitary dwellings without overcrowding.
 40        (j)  "Bonds" shall mean any bonds, notes, interim certificates, debentures
 41    or other obligations issued by an authority pursuant to this chapter.
 42        (k)  "Real property" shall include all lands, including  improvements  and
 43    fixtures  thereon, and property of any nature, appurtenant thereto, or used in
 44    connection therewith, and every estate, interest and right, legal  or  equita-
 45    ble, therein, including terms for years and liens by way of judgment, mortgage
 46    or otherwise and the indebtedness secured by such liens.
 47        (l)  "Obligee of the authority" or "obligee" shall include any bondholder,
 48    trustee  or  trustees for any bondholders, or lessors demising, to the author-
 49    ity, property used in connection with a housing project, or  any  assignee  or
 50    assignees  of such lessor's interest or any part thereof, and the federal gov-
 51    ernment when it is a party to any contract with the authority.
                                                                        
 52        SECTION 2.  That Section 31-4204, Idaho Code, be, and the same  is  hereby
 53    amended to read as follows:
                                                                        
                                           3
                                                                        
  1        31-4204.  POWERS  OF  AUTHORITY.  A  housing authority shall constitute an
  2    independent public body corporate and politic, exercising public and essential
  3    governmental functions, and having all the powers necessary or  convenient  to
  4    carry  out  and effectuate the purposes  and provisions of this act, including
  5    the following powers in addition to others herein granted:
  6        (a)  To sue and to be sued; to have a seal and to alter the same at pleas-
  7    ure; to have perpetual succession; to make and  execute  contracts  and  other
  8    instruments  necessary  or  convenient  to  the  exercise of the powers of the
  9    authority, including the power to contract with other housing authorities  for
 10    services; and to make and from time to time amend and repeal bylaws, rules and
 11    regulations,  not  inconsistent with this act, to carry into effect the powers
 12    and purposes of the authority.
 13        (b)  Within the area of operation: to prepare, carry out,  acquire,  lease
 14    and operate housing projects; to provide for the construction, reconstruction,
 15    improvement, alteration or repair of any housing project or any part thereof.
 16        (c)  To  arrange  or  contract for the furnishing by any person or agency,
 17    public or private, of services, privileges, works or  facilities  for,  or  in
 18    connection  with,  a  housing  project or the occupants thereof; and, notwith-
 19    standing anything to the contrary contained in this act or in any other provi-
 20    sion of law, to include in any contract let  in  connection  with  a  project,
 21    stipulations  requiring that the contractor and any subcontractors comply with
 22    requirements as to minimum wages and maximum hours of labor, and  comply  with
 23    any conditions which the federal government may have attached to its financial
 24    aid of the project.
 25        (d)  To lease or rent any dwellings, houses, accommodations, lands, build-
 26    ings, structures or facilities embraced in any housing project and, subject to
 27    the  limitations  contained  in this act, to establish and revise the rents or
 28    charges therefor; to own, hold and improve real or personal property; to  pur-
 29    chase,  lease, obtain options upon, acquire by gift, grant, bequest, devise or
 30    otherwise, any real or personal property or any interest therein; to  acquire,
 31    by  the  exercise  of the power of eminent domain, any real property; to sell,
 32    lease, exchange, transfer, assign, pledge or dispose of any real  or  personal
 33    property  or  any  interest therein; to insure or provide for the insurance of
 34    any real or personal property or operation  of the authority against any risks
 35    or hazards; to procure or agree to the procurement of insurance or  guarantees
 36    from  the  federal  government  of  the  payment of any bonds or parts thereof
 37    issued by an authority, including the power to pay premiums on any such insur-
 38    ance; to rent or sell and to agree to rent or sell dwellings forming  part  of
 39    the  housing  projects to or for persons of low income.  Where an agreement or
 40    option is made to sell a dwelling to a person of low income, the authority may
 41    convey the dwelling to the person upon fulfillment of the agreement  irrespec-
 42    tive  of  whether  the person is at the time of the conveyance a person of low
 43    income.  Leases, options, agreements or conveyances may include such covenants
 44    as the authority deems appropriate to assure the achievement of the objectives
 45    of this chapter.
 46        (e)  To invest any funds held in reserves or sinking funds, or  any  funds
 47    not  required  for  immediate disbursement, in property or securities in which
 48    banks may legally invest funds, subject to the control of the housing  author-
 49    ity;  to  purchase its own bonds at a price not more than the principal amount
 50    thereof and accrued interest, and all bonds so purchased shall be cancelled.
 51        (f)  Within its area of operation: to investigate  into  living,  dwelling
 52    and housing conditions and into the means and methods of improving such condi-
 53    tions;  to  determine  where  slum areas exist or where there is a shortage of
 54    adequate, safe and sanitary dwelling accommodations for persons of low income;
 55    to make studies and recommendations  relating  to  the  problem  of  clearing,
                                                                        
                                           4
                                                                        
  1    replanning  and  reconstruction  of  slum  areas  and the problem of providing
  2    dwelling accommodations for persons of low income, and to cooperate  with  the
  3    city,  the  county,  the  state or any political subdivision thereof in action
  4    taken  in connection with such problems; and to engage  in  research,  studies
  5    and experimentation on the subject of housing.
  6        (g)  Acting  through one (1) or more commissioners or other person or per-
  7    sons designated by the authority, to conduct examinations  and  investigations
  8    and  to  hear testimony and take proof, under oath, at public or private hear-
  9    ings on any matter material for its information; to  administer  oaths,  issue
 10    subpoenas  requiring  attendance  of  witnesses or the production of books and
 11    papers, and to issue commissions for the examination of witnesses who are out-
 12    side of the state or unable to attend before the authority,  or  excused  from
 13    attendance;  to  make  available,  to  appropriate  agencies  (including those
 14    charged with the duty of abating or requiring the correction of  nuisances  or
 15    like  conditions, or of demolishing unsafe or insanitary structures within its
 16    area of operation), its findings and recommendations with regard to any build-
 17    ing or property where conditions exist  which  are  dangerous  to  the  public
 18    health, morals, safety or welfare.
 19        (h)  To make, purchase, participate in, invest in, take assignments of, or
 20    otherwise  acquire  loans  to persons of low income to enable them to acquire,
 21    construct, reconstruct, rehabilitate, improve, lease or refinance their dwell-
 22    ings, and to take such security therefor as is deemed necessary and prudent by
 23    the authority.
 24        (i)  To make, purchase, participate in, invest in, take assignments of, or
 25    otherwise acquire loans for  the  acquisition,  construction,  reconstruction,
 26    rehabilitation,  improvement,  leasing  or  refinancing  of land, buildings or
 27    developments for housing for persons of low income.  For purposes of this sub-
 28    section, development shall include either land or buildings or both.
 29        (j)  Any housing project shall be subject  to  the  requirement  that  the
 30    dwelling  units  made  available to persons of low income, together with func-
 31    tionally related and subordinate facilities, shall occupy at least thirty per-
 32    cent (30%) of the interior space of  any  individual  building  other  than  a
 33    detached  single-family  or  duplex residential building or mobile or manufac-
 34    tured home and shall occupy at least fifty percent (50%) of the  total  number
 35    of  units in the development or at least fifty percent (50%) of the total num-
 36    ber of units in the development, whichever  produces  the  greater  number  of
 37    units  for persons of low income.  For mobile home parks, the mobile home lots
 38    made available to persons of low income shall be at least fifty percent  (50%)
 39    of the total number of mobile home lots in the park.
 40        (k)  To exercise all or any part or combination of powers herein granted.
                                                                        
 41        SECTION  3.  That  Section 31-4209, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        31-4209.  DONATIONS BY COUNTY. Any county, in which  a  housing  authority
 44    has  been  created, shall have the power, from time to time, to lend or donate
 45    money to such authority or to agree to take such  action;  provided,  however,
 46    that  nothing  contained  in  this  provision or in any other provision of law
 47    shall be construed as authorizing the state or any state public body  to  give
 48    credit  or  make loans to a housing authority when a housing authority has the
 49    money available therefor it shall make reimbursement for all such  loans  made
 50    to it.
                                                                        
 51        SECTION  4.  That  Section 31-4216, Idaho Code, be, and the same is hereby
 52    amended to read as follows:
                                                                        
                                           5
                                                                        
  1        31-4216.  BOND ISSUES. An authority shall have power to issue bonds,  from
  2    time to time, in its discretion, for any of its corporate purposes. An author-
  3    ity  shall also  have power to issue refunding bonds for the purpose of paying
  4    or retiring bonds previously issued by it. In order to carry out the  purposes
  5    of  this act chapter, an authority may issue, upon proper resolution, bonds on
  6    which the principal and interest are payable:
  7        (a)  eExclusively from  the  income  and  revenue  of  a  housing  project
  8    financed with the proceeds of such bonds,; or
  9        (b)  eExclusively  from  such income and revenues together with grants and
 10    contributions from the federal government or other source in aid of such proj-
 11    ect; or
 12        (c)  From all or part of its revenues or assets generally.
 13    Any such bonds may be additionally secured by a pledge of any income or  reve-
 14    nues of the authority, or a mortgage of any housing project, projects or other
 15    property  of  the  authority.  Any pledge made by the authority shall be valid
 16    and binding from the time when the pledge is made and recorded; the  revenues,
 17    moneys  or  property so pledged and thereafter received by the authority shall
 18    immediately be subject to the lien of the pledge without any physical delivery
 19    thereof or further act, and the lien of any such pledge  shall  be  valid  and
 20    binding  as against all parties having claims of any kind in tort, contract or
 21    otherwise against the authority, irrespective  of  whether  the  parties  have
 22    notice thereof.
 23        Neither  the  commissioners  of any authority nor any person executing the
 24    bonds shall be liable personally on  the  bonds  by  reason  of  the  issuance
 25    thereof.  The bonds and other obligations of an authority shall state on their
 26    face that they shall not be a debt of the county, the state or  any  political
 27    subdivision thereof and neither the county, the state nor any political subdi-
 28    vision  thereof  shall be liable thereon, nor in any event shall such bonds or
 29    obligations be payable out of any funds other than those  of  said  authority.
 30    Bonds  of  an  authority are declared to be issued for an essential public and
 31    governmental purpose and to be public  instrumentalities  and,  together  with
 32    interest thereon and income therefrom, shall be exempt from taxes.
                                                                        
 33        SECTION  5.  That  Section 31-4218, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        31-4218.  POWERS TO SECURE PAYMENT OF BONDS. In connection with the  issu-
 36    ance  of  bonds  or  the incurring of obligations under leases and in order to
 37    secure the payment of such bonds or obligations, an authority, in addition  to
 38    its other powers, shall have power:
 39        (a)  To pledge all or any part of its gross or net rents, fees or revenues
 40    to which its right then exists or may thereafter come into existence.
 41        (b)  To  mortgage  all  or  any part of its real or personal property then
 42    owned or thereafter acquired.
 43        (c)  To covenant against pledging all or any part of its rents,  fees  and
 44    revenues,  or  against  permitting  or  suffering any lien on such revenues or
 45    property; to covenant with respect to limitations on its right to sell,  lease
 46    or  otherwise dispose of any housing project or any part thereof; and to cove-
 47    nant as to what other, or additional debts or obligations may be  incurred  by
 48    it.
 49        (c)  To  covenant  as  to the bonds to be issued and as to the issuance of
 50    such bonds in escrow or otherwise, and as to the use and  disposition  of  the
 51    proceeds  thereof;  to provide for the replacement of lost, destroyed or muti-
 52    lated bonds; to covenant against extending the time for  the  payment  of  its
 53    bonds  or  interest  thereon; and to redeem the bonds, and to covenant for the
                                                                        
                                           6
                                                                        
  1    redemption and to provide the terms and conditions thereof.
  2        (d)  To covenant, subject to the limitations contained in this act, as  to
  3    the  rents  and  fees  to  be charged in the operation of a housing project or
  4    projects, the amount to be raised each year or other period of time by  rents,
  5    fees and other revenues, and as to the use and disposition to be made thereof;
  6    to  create  or  to authorize the creation of special funds for moneys held for
  7    construction or operating costs, debt service, reserves or other purposes, and
  8    to covenant as to the use and disposition of the moneys held in such funds.
  9        (e)  To prescribe the procedure, if any, by which the terms  of  any  con-
 10    tract  with  bondholders  may be amended or abrogated, the amount of bonds the
 11    holders of which must consent thereto and the manner in which such consent may
 12    be given.
 13        (f)  To covenant as to the use of any or all of its real or personal prop-
 14    erty; and to covenant as to the maintenance of its real and personal property,
 15    the replacement thereof, the insurance to be carried thereon and the  use  and
 16    disposition of insurance moneys.
 17        (g)  To  covenant as to the rights, liabilities, powers and duties arising
 18    upon the breach by it of any covenant, condition or obligation; and  to  cove-
 19    nant  and  prescribe  as to default and terms and conditions upon which any or
 20    all of its bonds or obligations shall become or may  be  declared  due  before
 21    maturity,  and to the terms and conditions upon which such declaration and its
 22    consequences may be waived.
 23        (h)  To vest, in trustee or trustees or the holders of bonds or  any  pro-
 24    portion  of  them,  the right to enforce the payment of the bonds or any cove-
 25    nants securing or relating to the bonds; to vest in a trustee or trustees  the
 26    right,  in the event of a default by said authority, to take possession of any
 27    housing project or part thereof, and, so long as said authority shall continue
 28    in default, to retain such possession and use, operate and manage  said  proj-
 29    ect, and to collect the rents and revenues arising therefrom and to dispose of
 30    such  moneys  in  accordance  with  the  agreement  of the authority with said
 31    trustee, to provide for the powers and duties of a trustee or trustees and  to
 32    limit  the  liabilities  thereof; and to provide the terms and conditions upon
 33    which the trustee or trustees or the holders of bonds  or  any  proportion  of
 34    them may enforce any covenant or rights securing or relating to the bonds.
 35        (i)  To  exercise  all  or  any  part  or combination of the powers herein
 36    granted; to make covenants other than and in addition to the covenants  herein
 37    expressly  authorized,  of like or different character; to make such covenants
 38    as will tend to make the bonds more marketable, notwithstanding that such cov-
 39    enants, acts or things may not be enumerated herein.
                                                                        
 40        SECTION 6.  That Section 31-4224, Idaho Code, be, and the same  is  hereby
 41    amended to read as follows:
                                                                        
 42        31-4224.  LIMITATIONS  ON  POWER  OF AUTHORITY. Nothing in this act or any
 43    other law shall be construed as authorizing a housing  authority  to  levy  or
 44    collect  taxes or assessments, to create any indebtedness payable out of taxes
 45    or assessments, or in any manner to pledge the credit of the county, the state
 46    or any subdivision thereof; nor shall any provision of this act or  other  law
 47    be  construed  as  authorizing  a  housing  authority to mortgage or otherwise
 48    encumber property of any kind, real,  personal,  or  mixed,  or  any  interest
 49    therein,  but  this section shall not be construed as preventing the pledge of
 50    the revenues of a housing authority as authorized in this act.
                                                                        
 51        SECTION 7.  That Section 50-1903, Idaho Code, be, and the same  is  hereby
 52    amended to read as follows:
                                                                        
                                           7
                                                                        
  1        50-1903.  DEFINITIONS.  The  following terms, wherever used or referred to
  2    in this chapter, shall have the following respective meanings, unless  a  dif-
  3    ferent meaning clearly appears from the context:
  4        (a)  "Authority"  or "housing authority" shall mean any of the public cor-
  5    porations created by section 59-1905 50-1905, Idaho Code.
  6        (b)  "Housing project" shall mean any work or undertaking: (1)  to  demol-
  7    ish,  clear  or  remove buildings from any slum area; such work or undertaking
  8    may embrace the adoption of such area to public purposes, including  parks  or
  9    other  recreational  or community purposes; or (2) to provide decent, safe and
 10    sanitary urban or rural dwellings, apartments or other  living  accommodations
 11    for  persons  of  low  income; such work or undertaking may include buildings,
 12    land, equipment, facilities and other real or personal property for necessary,
 13    convenient or desirable appurtenances, streets, sewers, water service,  parks,
 14    site  preparation, gardening, administrative, community, health, recreational,
 15    welfare or other purposes; or (3) to accomplish a combination of  the  forego-
 16    ing.  The  term  "Hhousing project" also may be applied to the planning of the
 17    buildings and improvements, the acquisition of  property,  the  demolition  of
 18    existing  structures,  the construction, reconstruction, alteration and repair
 19    of the improvements and all other work in connection therewith; to  buildings,
 20    and the land, equipment, facilities and other real or personal property, which
 21    do  not  contain  dwelling units or other living accommodations for persons of
 22    low income when such buildings are  utilized  for  administrative,  community,
 23    health,  recreational,  welfare or other purposes by or for low income persons
 24    or senior citizens, and redevelopment projects carried out by an authority  at
 25    the  request  of  local  government  when such projects include dwelling units
 26    which are sold or rented to persons of low income.
 27        (c)  "Governing body" shall mean the city council, board of commissioners,
 28    board of trustees or other body having charge of the  fiscal  affairs  of  the
 29    state public body.
 30        (d)  "Federal  government" shall include the United States of America, the
 31    United States department of housing and urban development, or any other agency
 32    or instrumentality, corporate or otherwise, of the United States of America.
 33        (e)  "City" shall mean any city in the state of Idaho, including each city
 34    having a special charter. "The city" shall  include  those  having  a  special
 35    charter  and  shall  mean  the  particular city for which a particular housing
 36    authority is created.
 37        (f)  "Clerk" shall mean the clerk of the city or the officer charged  with
 38    the duties customarily imposed on such clerk.
 39        (g)  "Area  of  operation" shall include the city and the area within five
 40    (5) miles of the territorial boundaries thereof; provided, however,  that  the
 41    area  of  operation  of  a housing authority of any city shall not include any
 42    area which lies within the territorial boundaries of some other city as herein
 43    defined. Provided however, that a county housing authority may continue to own
 44    and operate any housing project for which it has become financially  obligated
 45    which is located in a city that subsequently creates a housing authority or in
 46    an  area  annexed by a city that has or subsequently creates a housing author-
 47    ity.
 48        (h)  "Slum" shall mean any area where dwellings predominate which, by rea-
 49    son of dilapidation, overcrowding, lack  of  ventilation,  light  or  sanitary
 50    facilities  or  any  combination  of these factors, are detrimental to safety,
 51    health or morals.
 52        (i)  "Person of low income" shall mean persons or families  who  lack  the
 53    amount  of income which is necessary (as determined by the authority undertak-
 54    ing the housing project) to enable them, without financial assistance, to live
 55    in decent, safe and sanitary dwellings without overcrowding.
                                                                        
                                           8
                                                                        
  1        (j)  "Bonds" shall mean any bonds, notes, interim certificates, debentures
  2    or other obligations issued by an authority pursuant to this chapter.
  3        (k)  "Real property" shall include all lands, including  improvements  and
  4    fixtures  thereon, and property of any nature, appurtenant thereto, or used in
  5    connection therewith, and every estate, interest and right, legal  or  equita-
  6    ble, therein, including terms for years and liens by way of judgment, mortgage
  7    or otherwise and the indebtedness secured by such liens.
  8        (l)  "Obligee  of  the  authority"  or  "Oobligee" shall include any bond-
  9    holder, trustee or trustees for any bondholders, or lessors demising,  to  the
 10    authority, property used in connection with a housing project, or any assignee
 11    or  assignees  of  such lessor's interest or any part thereof, and the federal
 12    government when it is a party to any contract with the authority.
                                                                        
 13        SECTION 8.  An emergency existing  therefor,  which  emergency  is  hereby
 14    declared to exist, this act shall be in full force and effect on and after its
 15    passage and approval.

Statement of Purpose / Fiscal Impact


     
                           
                STATEMENT OF PURPOSE 
                       RS 10164
     
     Amends existing law to clarify that county housing authorities may continue to
     own and operate housing projects within a city after a city either annexes
     unincorporated county area containing the project or creates a city housing
     authority covering an area in which a county housing authority has a project;
     makes technical corrections to county housing authority laws; brings county
     housing authority statutes into conformity with city housing authority statutes;
     and adds development authority to county housing authorities which was granted
     city housing authorities in 1993 by providing that bonds issued for statutory
     purposes may be repaid from all or part of the housing authority's revenue, by
     authorizing a county housing authority to mortgage a housing project or other
     property of the authority, and finally by authorizing the pledge of income,
     revenues, or mortgages of a county housing authority to repay bonds; and amends
     county housing laws to require certain minimum percentages of a project be
     available to persons of low income. 
     
     
                    FISCAL IMPACT
     
     There is no fiscal impact to any state or local government entity. 
     
     Contact 
     Name: Rep Ruby Stone
     Phone: 332-1000 
     
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                                      H 775