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H0351......................................................by STATE AFFAIRS COUNTY HOUSING AUTHORITIES - Amends existing law to revise definitions; to provide that a county housing authority may continue to own and operate housing projects for which it has become financially obligated within a city that creates a housing authority; to provide additional powers of county housing authorities; to authorize the county to lend money to a county housing authority; to provide for reimbursement to the county; to provide for repayment of bonds; to authorize the housing authority to pledge any income or revenues or a mortgage of any housing project or other property of the authority; to provide for a mortgage of the authority's real or personal property to secure the payment of bonds; to delete limitations on the power of an authority to mortgage its own property; and to provide that a county housing authority may continue to own and operate housing projects, for which it has become financially obligated, within a city or area annexed by a city after the city creates a housing authority or the area is annexed by a city which has a housing authority. 03/06 House intro - 1st rdg - to printing 03/07 Rpt prt - to Loc Gov 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg Rls susp - PASSED - 68-0-2 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Loertscher, Schaefer Floor Sponsor -- Sellman Title apvd - to Senate 03/15 Senate intro - 1st rdg - to Loc Gov 03/20 Rpt out - rec d/p - to 2nd rdg 03/21 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 30-0-5 AYES -- Andreason, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stennett, Thorne, Whitworth, Williams, NAYS -- None Absent and excused -- Boatright, Lodge, Sorensen, Stegner, Wheeler Floor Sponsor -- Bunderson Title apvd - to House 03/23 To enrol - rpt enrol - Sp signed 03/26 Pres signed - to Governor 03/28 Governor signed Session Law Chapter 260 Effective: 03/29/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 351 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 AND 9 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-4209, IDAHO CODE, TO 10 AUTHORIZE THE COUNTY TO LEND MONEY TO A COUNTY HOUSING AUTHORITY AND TO 11 PROVIDE FOR REIMBURSEMENT TO THE COUNTY; AMENDING SECTION 31-4216, IDAHO 12 CODE, TO PROVIDE THAT BONDS MAY BE REPAID FROM ALL OR PART OF THE HOUSING 13 AUTHORITY'S REVENUES OR ASSETS GENERALLY AND TO AUTHORIZE THE HOUSING 14 AUTHORITY TO PLEDGE ANY INCOME OR REVENUES OR A MORTGAGE OF ANY HOUSING 15 PROJECT OR OTHER PROPERTY OF THE AUTHORITY AND TO MAKE TECHNICAL CORREC- 16 TIONS; AMENDING SECTION 31-4218, IDAHO CODE, TO PROVIDE FOR A MORTGAGE OF 17 THE AUTHORITY'S REAL OR PERSONAL PROPERTY TO SECURE THE PAYMENT OF BONDS 18 OR OTHER OBLIGATIONS; AMENDING SECTION 31-4224, IDAHO CODE, TO DELETE LIM- 19 ITATIONS ON THE POWER OF AN AUTHORITY TO MORTGAGE ITS OWN PROPERTY; AMEND- 20 ING SECTION 50-1903, IDAHO CODE, TO PROVIDE THAT A COUNTY HOUSING AUTHOR- 21 ITY MAY CONTINUE TO OWN AND OPERATE HOUSING PROJECTS FOR WHICH IT HAS 22 BECOME FINANCIALLY OBLIGATED WITHIN A CITY OR AREA ANNEXED BY A CITY AFTER 23 THE CITY CREATES A HOUSING AUTHORITY OR THE AREA IS ANNEXED BY A CITY 24 WHICH HAS A HOUSING AUTHORITY AND TO MAKE TECHNICAL CORRECTIONS; AND 25 DECLARING AN EMERGENCY. 26 Be It Enacted by the Legislature of the State of Idaho: 27 SECTION 1. That Section 31-4203, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 31-4203. DEFINITIONS. The following terms, wherever used or referred to 30 in this chapter, shall have the following respective meanings, unless a dif- 31 ferent meaning clearly appears from the context: 32 (a) "Authority" or "HhousingAauthority" shall mean any of the public 33 corporations created by section 31-4205, Idaho Code. 34 (b) "Housing project" shall mean any work or undertaking: 35 (1)tTo demolish, clear or remove buildings from any slum area; such work 36 or undertaking may embrace the adoption of such area to public purposes, 37 including parks or other recreational or communitypruposespurposes; or 38 (2)tTo provide decent, safe and sanitary urban or rural dwellings, 39 apartments or other living accommodations for persons of low income; such 40 work or undertaking may include buildings, land, equipment, facilities and 41 other real or personal property for necessary, convenient or desirable 42 appurtenances, roads, sewers, water service, parks, site preparation, gar- 43 dening, administrative, community, health, recreational, welfare or other 2 1 purposes; or 2 (3)tTo accomplish a combination of the foregoing. 3 The term "Hhousing project" also may be applied to the planning of the 4 buildings and improvements, the acquisition of property, the demolition of 5 existing structures, the construction, reconstruction, alteration and repair 6 of the improvements and all other work in connection therewith; to buildings, 7 and the land, equipment, facilities and other real or personal property, which 8 do not contain dwelling units or other living accommodations for persons of 9 low income when such buildings are utilized for administrative, community, 10 health, recreational, welfare or other purposes by or for low-income persons 11 or senior citizens, and redevelopment projects carried out by an authority at 12 the request of local government when such projects include dwelling units 13 which are sold or rented to persons of low income. 14 (c) "Governing body" shall mean the council, board of commissioners, 15 board of trustees or other body having charge of the fiscal affairs of the 16 state public body. 17 (d) "Federal government" shall include the United States of America, the 18 United States department of housingauthorityand urban development, or any 19 other agencyofor instrumentality, corporate or otherwise, of the United 20 States of America. 21 (e) "County" or "counties" shall include all counties in the state of 22 Idaho as designated in chapter 1, title 31, Idaho Code. 23 (f) "Clerk" shall mean the county clerk or the officer charged with the 24 duties customarily imposed on such clerk. 25 (g) "Area of operation" shall mean the entire county except within the 26 corporate limits of cities in the county which have presently, or hereafter 27 create, a housing authority under title 50, chapter 19, Idaho Code; provided 28 however, that a county housing authority may continue to own and operate any 29 housing project for which it has become financially obligated which is located 30 in a city that subsequently creates a housing authority or is located in an 31 area annexed by a city that has created or subsequently creates a housing 32 authority. 33 (h) "Slum" shall mean any area where dwellings predominate which, by rea- 34 son of dilapidation, overcrowding, lack of ventilation, light or sanitary 35 facilities or any combination of these factors, are detrimental to safety, 36 health or morals. 37 (i) "Person of low income" shall mean persons or families who lack the 38 amount of income which is necessary,(as determined by the authority undertak- 39 ing the housing project), to enable them, without financial assistance, to 40 live in decent, safe and sanitary dwellings without overcrowding. 41 (j) "Bonds" shall mean any bonds, notes, interim certificates, debentures 42 or other obligations issued by an authority pursuant to this chapter. 43 (k) "Real property" shall include all lands, including improvements and 44 fixtures thereon, and property of any nature, appurtenant thereto, or used in 45 connection therewith, and every estate, interest and right, legal or equita- 46 ble, therein, including terms for years and liens by way of judgment, mortgage 47 or otherwise and the indebtedness secured by such liens. 48 (l) "Obligee of the authority" or "obligee" shall include any bondholder, 49 trustee or trustees for any bondholders, or lessors demising, to the author- 50 ity, property used in connection with a housing project, or any assignee or 51 assignees of such lessor's interest or any part thereof, and the federal gov- 52 ernment when it is a party to any contract with the authority. 53 SECTION 2. That Section 31-4204, Idaho Code, be, and the same is hereby 54 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 thisactchapter, to carry into effect the 12 powers 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 thisactchapter or in any 20 other provision of law, to include in any contract let in connection with a 21 project, stipulations requiring that the contractor and any subcontractors 22 comply with requirements as to minimum wages and maximum hours of labor, and 23 comply with any conditions which the federal government may have attached to 24 its financial 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 thisactchapter, to establish and revise the 28 rents or charges therefor; to own, hold and improve real or personal property; 29 to purchase, lease, obtain options upon, acquire by gift, grant, bequest, 30 devise or otherwise, any real or personal property or any interest therein; to 31 acquire, by the exercise of the power of eminent domain, any real property; to 32 sell, lease, exchange, transfer, assign, pledge or dispose of any real or per- 33 sonal property or any interest therein; to insure or provide for the insurance 34 of any real or personal property or operation of the authority against any 35 risks or hazards; to procure or agree to the procurement of insurance or guar- 36 antees from the federal government of the payment of any bonds or parts 37 thereof issued by an authority, including the power to pay premiums on any 38 such insurance; to rent or sell and to agree to rent or sell dwellings forming 39 part of the housing projects to or for persons of low income. Where an agree- 40 ment or option is made to sell a dwelling to a person of low income, the 41 authority may convey the dwelling to the person upon fulfillment of the agree- 42 ment irrespective of whether the person is at the time of the conveyance a 43 person of low income. Leases, options, agreements or conveyances may include 44 such covenants as the authority deems appropriate to assure the achievement of 45 the objectives 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 becancelled51 canceled. 52 (f) Within its area of operation: to investigate into living, dwelling 53 and housing conditions and into the means and methods of improving such condi- 54 tions; to determine where slum areas exist or where there is a shortage of 55 adequate, safe and sanitary dwelling accommodations for persons of low income; 4 1 to make studies and recommendations relating to the problem of clearing, 2 replanning and reconstruction of slum areas and the problem of providing 3 dwelling accommodations for persons of low income, and to cooperate with the 4 city, the county, the state or any political subdivision thereof in action 5 taken in connection with such problems; and to engage in research, studies and 6 experimentation on the subject of housing. 7 (g) Acting through one (1) or more commissioners or other person or per- 8 sons designated by the authority, to conduct examinations and investigations 9 and to hear testimony and take proof, under oath, at public or private hear- 10 ings on any matter material for its information; to administer oaths, issue 11 subpoenas requiring attendance of witnesses or the production of books and 12 papers, and to issue commissions for the examination of witnesses who are out- 13 side of the state or unable to attend before the authority, or excused from 14 attendance; to make available, to appropriate agencies (including those 15 charged with the duty of abating or requiring the correction of nuisances or 16 like conditions, or of demolishing unsafe or insanitary structures within its 17 area of operation), its findings and recommendations with regard to any build- 18 ing or property where conditions exist which are dangerous to the public 19 health, morals, safety or welfare. 20 (h) To make, purchase, participate in, invest in, take assignments of, or 21 otherwise acquire loans to persons of low income to enable them to acquire, 22 construct, reconstruct, rehabilitate, improve, lease or refinance their dwell- 23 ings, and to take such security therefor as is deemed necessary and prudent by 24 the authority. 25 (i) To make, purchase, participate in, invest in, take assignments of, or 26 otherwise acquire loans for the acquisition, construction, reconstruction, 27 rehabilitation, improvement, leasing or refinancing of land, buildings or 28 developments for housing for persons of low income. For purposes of this sub- 29 section, development shall include either land or buildings or both. 30 (j) Any housing project shall be subject to the requirement that the 31 dwelling units made available to persons of low income, together with func- 32 tionally related and subordinate facilities, shall occupy at least thirty per- 33 cent (30%) of the interior space of any individual building other than a 34 detached single-family or duplex residential building or mobile or manufac- 35 tured home and shall occupy at least fifty percent (50%) of the total number 36 of units in the development, whichever produces the greater number of units 37 for persons of low income. For mobile or manufactured home parks, the mobile 38 or manufactured home lots made available to persons of low income shall be at 39 least fifty percent (50%) of the total number of mobile or manufactured home 40 lots in the park. 41 (k) To exercise all or any part or combination of powers herein granted. 42 SECTION 3. That Section 31-4209, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 31-4209. DONATIONS BY COUNTY. Any county, in which a housing authority 45 has been created, shall have the power, from time to time, to lend or donate 46 money to such authority or to agree to take such action; provided, however, 47 thatnothing contained in this provision or in any other provision of law48shall be construed as authorizing the state or any state public body to give49credit or make loans towhen a housing authority has the money available 50 therefor it shall make reimbursement for all such loans made 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 thisactchapter, 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 14 revenues of the authority, or a mortgage of any housing project, projects or 15 other property of the authority. Any pledge made by the authority shall be 16 valid and binding from the time when the pledge is made and recorded; the rev- 17 enues, moneys or property so pledged and thereafter received by the authority 18 shall immediately be subject to the lien of the pledge without any physical 19 delivery thereof or further act, and the lien of any such pledge shall be 20 valid and binding as against all parties having claims of any kind in tort, 21 contract or otherwise against the authority, irrespective of whether the par- 22 ties have 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 (cd) 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 (de) 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 (ef) 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 (fg) To covenant as to the use of any or all of its real or personal 14 property; and to covenant as to the maintenance of its real and personal prop- 15 erty, the replacement thereof, the insurance to be carried thereon and the 16 use and disposition of insurance moneys. 17 (gh) 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 (hi) 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 (ij) 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 thisactchapter 43 or any other law shall be construed as authorizing a housing authority to levy 44 or collect taxes or assessments, to create any indebtedness payable out of 45 taxes or assessments, or in any manner to pledge the credit of the county, the 46 state or any subdivision thereof; nor shall any provision of this act or other47law be construed as authorizing a housing authority to mortgage or otherwise48encumber property of any kind, real, personal, or mixed, or any interest49therein, but this section shall not be construed as preventing the pledge of50the 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 section59-190550-1905, 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 55 live 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 RS 11110 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 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: Deanna Watson Phone: 208/363-9714 STATEMENT OF PURPOSE/FISCAL NOTE H 351