NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 431

HOUSE BILL 102

 

 

AN ACT TO ALLOW HOUSING AUTHORITIES TO CHANGE THEIR BOUNDARIES WITHOUT PRIOR CONSENT OF HOLDERS OF OUTSTANDING BONDS OR NOTES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 157-39.2 is hereby amended by deleting the colon on line 11 and inserting in lieu thereof a period; by deleting from line 12 the words "if there is a county"; by deleting all of lines 13, 14, and 15; by deleting from line 16 the words and punctuation "authority as the obligor thereon; and second,"; by adding on line 16 before the words "the Commissioners" the word "unless"; and by deleting from line 20 the words "two conditions are" and inserting in lieu thereof the words "condition is" so that G.S. 157-39.2 shall read as follows:

"§ 157-39.2.  Increasing area of operation of regional housing authority. — The area of operation or boundaries of a regional housing authority shall be increased from time to time to include one or more additional contiguous counties not already within a regional housing authority if the board of county commissioners of each of the counties then included in the area of operation of such regional housing authority, the commissioners of the regional housing authority and the board of county commissioners of each such additional county or counties each adopts a resolution declaring that there is a need for the inclusion of such additional county or counties in the area of operation of such regional housing authority. Upon the adoption of such resolutions, any county housing authority created for any such additional county shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as hereinafter provided. Provided, however, that such resolutions shall not be adopted unless the commissioners of such county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, bonds, and property, real and personal, of such county housing authority to such regional housing authority as hereinafter provided: Provided, further, that when the above condition is complied with and the area of operation of such regional housing authority is increased to include such additional county, as hereinabove provided, all rights, contracts, bonds, and property, real and personal, of such county housing authority shall be in the name of and vested in such regional housing authority, all contracts and bonds of such county housing authority shall be the contracts and bonds of such regional housing authority and all rights and remedies of any person against such county housing authority may be asserted, enforced, and prosecuted against such regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against such county housing authority.

When any real property of a county housing authority vests in a regional housing authority as provided above, the county housing authority shall execute a deed of such property to the regional housing authority which thereupon shall file such deed in the office provided for the filing of deeds: Provided, that nothing contained in this sentence shall affect the vesting of property in the regional housing authority as provided above.

The board of county commissioners of each of the counties in the regional housing authority, the commissioners of the regional housing authority and the board of county commissioners of each such additional county or counties shall by resolution declare that there is a need for the inclusion of such county or counties in the area of operation of the regional housing authority, only if:

(1)        The board of county commissioners of each such additional county or counties find that insanitary or unsafe inhabited dwelling accommodations exist in such county or there is a shortage of safe or sanitary dwelling accommodations in such county available to persons of low income at rentals they can afford, and

(2)        The board of county commissioners of each of the counties then included in the area of operation of the regional housing authority, the commissioners of the regional housing authority and the board of county commissioners of each such additional county or counties find that the regional housing authority would be a more efficient or economical administrative unit if the area of operation of the regional housing authority is increased to include such additional county or counties."

Sec. 2.  G.S. 157-39.3 is hereby amended by deleting all of lines 6 and 7 and deleting from line 8 the words and punctuation "consent in writing to such action: Provided, further,"; by deleting the parenthesis mark on lines 22 and 24 and replacing each with a comma; by deleting the words and punctuation on line 29 "(because of the aforesaid changed facts)"; and by deleting the parenthesis marks on line 38 and 39 and replacing each with a comma, so that G.S. 157-39.3 shall read as follows:

"§ 157-39.3.  Decreasing area of operation of regional housing authority. — The area of operation or boundaries of a regional housing authority shall be decreased from time to time to exclude one or more counties from such area if the board of county commissioners of each of the counties in such area and the commissioners of the regional housing authority each adopt a resolution declaring that there is a need for excluding such county or counties from such area: Provided, that if such action decreases the area of operation of the regional housing authority to only one county, such authority shall thereupon constitute and become a housing authority for such county, in the same manner as though such authority were created, and constituted a public and corporate body for such county pursuant to other provisions of this Housing Authority Law, and the commissioners of such authority shall be thereupon appointed as provided for the appointment of commissioners of a housing authority created for a county.

The board of county commissioners of each of the counties in the area of operation of the regional housing authority and the commissioners of the regional housing authority shall adopt a resolution declaring that there is a need for excluding a county or counties from such area only if:

(1)        Each such board of county commissioners of the counties to remain in the area of operation of the regional housing authority and the commissioners of the regional housing authority find that, because of facts arising or determined subsequent to the time when such area first included the county or counties to be excluded, the regional housing authority would be a more efficient or economical administrative unit if such county or counties were excluded from such area, and

(2)        The board of county commissioners of each county or counties to be excluded and the commissioners of the regional housing authority each also find that another housing authority for such county or counties would be a more efficient or economical administrative unit to function in such county or counties.

Nothing contained herein shall be construed as preventing a county or counties excluded from the area of operation of a regional housing authority, as provided above, from thereafter being included within the area of operation of any housing authority in accordance with this Article.

Any property held by a regional housing authority within a county or counties excluded from the area of operation of such authority as herein provided, shall, as soon as practicable after the exclusion of said county or counties, respectively, be disposed of by such authority in the public interest."

Sec. 3.  This act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 24th day of May, 1971.