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S.B. 86

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HOUSING AUTHORITY AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Pete Suazo

5    AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; PERMITTING
6    CERTAIN GOVERNING BODIES OF THE STATE TO CONTRACT WITH OR EXECUTE
7    AN INTERLOCAL AGREEMENT FOR SERVICES TO BE PROVIDED BY A HOUSING
8    AUTHORITY ESTABLISHED IN ANOTHER POLITICAL SUBDIVISION.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         9-4-603, as renumbered and amended by Chapter 241, Laws of Utah 1992
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 9-4-603 is amended to read:
14         9-4-603. Creation of housing authority authorized -- Procedure.
15        (1) The governing body of each public body of the state, except the state, itself, may create
16    an authority, corporate and politic, to be known as a "housing authority."
17        (2) The governing body of a city or county shall give consideration to the need for an
18    authority:
19        (a) on its own motion; or
20        (b) upon the filing of a petition signed by 25 electors of the city or county asserting that
21    there is need for an authority to function in the city or county and requesting that its governing
22    body so declare.
23        (3) The governing body shall adopt a resolution declaring there is need for an authority
24    and creating an authority in the city or county if it finds:
25        (a) that unsanitary or unsafe inhabited dwelling accommodations exist in the city or
26    county; or
27        (b) that there is a shortage of safe and sanitary dwelling accommodations in the city or


1    county available to persons of medium and low income at rentals or prices they can afford.
2        (4) In any suit, action, or proceeding involving the validity or enforcement of any contract
3    of the authority, an authority shall be conclusively deemed to have become established and
4    authorized to transact business and exercise its powers upon proof of the adoption of the resolution
5    prescribed in Subsection (3). A copy of the resolution duly certified by the clerk shall be
6    admissible in evidence in any suit, action, or proceeding.
7        (5) In counties of the third, fourth, fifth, and sixth class, the governing body of each public
8    body of the state, except the state itself, may contract with or execute an interlocal agreement for
9    services to be provided by an existing housing authority established in another political
10    subdivision.




Legislative Review Note
    as of 12-4-96 8:28 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


Committee Note

The Business, Labor, and Economic Development Interim Committee recommended this bill.

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