Authority to constitute municipalcorporation--powers--profits--profits to be applied, how--agentsof authority, restrictions.
99.080. 1. An authority shall constitute a municipalcorporation, exercising public and essential governmentalfunctions, and having all the powers necessary or convenient tocarry out and effectuate the purposes and provisions of sections99.010 to 99.230, including the following powers in addition toothers herein granted:
(1) To sue and be sued; to have a seal and to alter the sameat pleasure; to have perpetual succession; to make and executecontracts and other instruments necessary or convenient to theexercise of the powers of the authority; and to make and fromtime to time amend and repeal bylaws, rules and regulations, notinconsistent with sections 99.010 to 99.230, to carry into effectthe powers and purposes of the authority;
(2) Within its area of operation: To prepare, carry out,acquire, lease and operate housing projects; to provide for theconstruction, reconstruction, improvement, alteration or repairof any housing project or any part thereof; except that, when theauthority shall lie within an unincorporated area of a firstclass county having a charter form of government and thatunincorporated area is bordered by a city or cities of the thirdclass which may provide services to that authority, the city orcities shall give its approval before said construction,reconstruction, improvement, alteration or repair takes place;
(3) To arrange or contract for the furnishing by any personor agency, public or private, of services, privileges, works, orfacilities for, or in connection with, a housing project or theoccupants thereof; and (notwithstanding anything to the contrarycontained in sections 99.010 to 99.230 or any other provision oflaw) to include in any contract let in connection with a project,stipulations requiring that the contractor and any subcontractorscomply with requirements as to minimum wages and maximum hours oflabor, and comply with any conditions which the federalgovernment may have attached to its financial aid of the project;
(4) To lease or rent any dwellings, houses, accommodations,lands, buildings, structures or facilities embraced in anyhousing project and (subject to the limitations contained insections 99.010 to 99.230) to establish and revise the rents orcharges therefor; to own, hold, and improve real or personalproperty; to purchase, lease, obtain options upon, acquire bygift, grant, bequest, devise, or otherwise any real or personalproperty or any interest therein; to acquire by the exercise ofthe power of eminent domain any real property in fee simple orother estate; to sell, lease, exchange, transfer, assign, pledge,or dispose of any real or personal property or any interesttherein; to insure or provide for the insurance of any real orpersonal property or operations of the authority against anyrisks or hazards; to procure or agree to the procurement ofinsurance or guarantees from the federal government of thepayment of any bonds or parts thereof issued by an authority,including the power to pay premiums on any such insurance; toallocate federal or state tax credits or other economic benefitsor inducements allocated to an authority;
(5) To invest any funds held in reserves or sinking funds,or any funds not required for immediate disbursement, in propertyor securities in which savings banks may legally invest fundssubject to their control; to purchase its bonds at a price notmore than the principal amount thereof and accrued interest, allbonds so purchased to be canceled;
(6) Within its area of operation: To investigate intoliving, dwelling and housing conditions and into the means andmethods of improving such conditions; to determine where blightedareas exist or where there is a shortage of decent, safe andsanitary dwelling accommodations for persons of very low, lowerand moderate income; to make studies and recommendations relatingto the problem of clearing, replanning and reconstructing ofblighted areas, and the problem of providing dwellingaccommodations for persons of very low, lower and moderateincome, and to cooperate with the city, the county, the state orany political subdivision thereof in action taken in connectionwith such problems; and to engage in research, studies andexperimentation on the subject of housing;
(7) Acting through one or more commissioners or other personor persons designated by the authority: To conduct examinationsand investigations and to hear testimony and take proof underoath at public or private hearings on any matter material for itsinformation; to administer oaths, issue subpoenas requiring theattendance of witnesses or the production of books and papers andto issue commissions for the examination of witnesses who areoutside of the state or unable to attend before the authority, orexcused from attendance; to make available to appropriateagencies (including those charged with the duty of abating orrequiring the correction of nuisances or like conditions, or ofdemolishing unsafe or unsanitary structures within its area ofoperation) its findings and recommendations with regard to anybuilding or property where conditions exist which are dangerousto the public health, morals, safety or welfare;
(8) To contract with private owners to manage, lease andoperate any rental, cooperative or condominium housing projectwithin its area of operation and to act as management agent forany such project for a management fee;
(a) The persons and families who occupy the housing projectshall be very low, lower or moderate income persons as defined insections 99.010 to 99.230;
(b) Any profit derived by housing authorities from suchmanagement fees should be applied to the development, improvementor maintenance of housing projects in the following manner: noless than fifty percent of said profits shall be applied towardimproving, developing or maintaining housing units that areoccupied by or will be occupied by persons of very low income;the remaining profits shall be applied toward improving,developing or maintaining housing units that are occupied by, orwill be occupied by persons of low income;
(9) To loan the proceeds of its bonds and notes to providefor the purchase, construction, extension and improvement of anyhousing project;
(10) To exercise all powers or parts or combination ofpowers necessary, convenient or appropriate to undertake andcarry out housing projects and all the powers herein granted.
2. No provision of law with respect to the acquisition,operation or disposition of property by other public bodies shallbe applicable to an authority unless the law shall specificallyso state.
3. An authority may exercise any and all of the powersconferred upon it by this section, either generally or withrespect to any specific activity or activities, through or by anyagent which it may designate including any corporation orcorporations formed under the laws of this state and for suchpurposes, an authority may cause one or more corporations to beformed under the laws of this state, provided, however, that noemployee of any housing authority or publicly elected officialshall receive, directly or indirectly, any compensation therefromother than their salary as such an employee or publicly electedofficial and that all profits from such corporations and agentsshall be distributed in the following manner: not less thanseventy percent of said profits shall be applied, in such manneras the housing authority shall determine, toward improving,developing or maintaining housing units that are occupied by, orwill be occupied by persons of very low or lower income; not morethan thirty percent of said profits shall be applied in suchmanner as the housing authority shall determine; and if suchcorporation or agent is involved in managing, developing orpurchasing a housing project, at least twenty percent of theunits of said project shall be reserved for very low or lowincome. The distribution of project units reserved for personsof very low and lower income by size shall be proportional to thedistribution of units by size for the entire housing project.
Authority to constitute municipalcorporation--powers--profits--profits to be applied, how--agentsof authority, restrictions.
99.080. 1. An authority shall constitute a municipalcorporation, exercising public and essential governmentalfunctions, and having all the powers necessary or convenient tocarry out and effectuate the purposes and provisions of sections99.010 to 99.230, including the following powers in addition toothers herein granted:
(1) To sue and be sued; to have a seal and to alter the sameat pleasure; to have perpetual succession; to make and executecontracts and other instruments necessary or convenient to theexercise of the powers of the authority; and to make and fromtime to time amend and repeal bylaws, rules and regulations, notinconsistent with sections 99.010 to 99.230, to carry into effectthe powers and purposes of the authority;
(2) Within its area of operation: To prepare, carry out,acquire, lease and operate housing projects; to provide for theconstruction, reconstruction, improvement, alteration or repairof any housing project or any part thereof; except that, when theauthority shall lie within an unincorporated area of a firstclass county having a charter form of government and thatunincorporated area is bordered by a city or cities of the thirdclass which may provide services to that authority, the city orcities shall give its approval before said construction,reconstruction, improvement, alteration or repair takes place;
(3) To arrange or contract for the furnishing by any personor agency, public or private, of services, privileges, works, orfacilities for, or in connection with, a housing project or theoccupants thereof; and (notwithstanding anything to the contrarycontained in sections 99.010 to 99.230 or any other provision oflaw) to include in any contract let in connection with a project,stipulations requiring that the contractor and any subcontractorscomply with requirements as to minimum wages and maximum hours oflabor, and comply with any conditions which the federalgovernment may have attached to its financial aid of the project;
(4) To lease or rent any dwellings, houses, accommodations,lands, buildings, structures or facilities embraced in anyhousing project and (subject to the limitations contained insections 99.010 to 99.230) to establish and revise the rents orcharges therefor; to own, hold, and improve real or personalproperty; to purchase, lease, obtain options upon, acquire bygift, grant, bequest, devise, or otherwise any real or personalproperty or any interest therein; to acquire by the exercise ofthe power of eminent domain any real property in fee simple orother estate; to sell, lease, exchange, transfer, assign, pledge,or dispose of any real or personal property or any interesttherein; to insure or provide for the insurance of any real orpersonal property or operations of the authority against anyrisks or hazards; to procure or agree to the procurement ofinsurance or guarantees from the federal government of thepayment of any bonds or parts thereof issued by an authority,including the power to pay premiums on any such insurance; toallocate federal or state tax credits or other economic benefitsor inducements allocated to an authority;
(5) To invest any funds held in reserves or sinking funds,or any funds not required for immediate disbursement, in propertyor securities in which savings banks may legally invest fundssubject to their control; to purchase its bonds at a price notmore than the principal amount thereof and accrued interest, allbonds so purchased to be canceled;
(6) Within its area of operation: To investigate intoliving, dwelling and housing conditions and into the means andmethods of improving such conditions; to determine where blightedareas exist or where there is a shortage of decent, safe andsanitary dwelling accommodations for persons of very low, lowerand moderate income; to make studies and recommendations relatingto the problem of clearing, replanning and reconstructing ofblighted areas, and the problem of providing dwellingaccommodations for persons of very low, lower and moderateincome, and to cooperate with the city, the county, the state orany political subdivision thereof in action taken in connectionwith such problems; and to engage in research, studies andexperimentation on the subject of housing;
(7) Acting through one or more commissioners or other personor persons designated by the authority: To conduct examinationsand investigations and to hear testimony and take proof underoath at public or private hearings on any matter material for itsinformation; to administer oaths, issue subpoenas requiring theattendance of witnesses or the production of books and papers andto issue commissions for the examination of witnesses who areoutside of the state or unable to attend before the authority, orexcused from attendance; to make available to appropriateagencies (including those charged with the duty of abating orrequiring the correction of nuisances or like conditions, or ofdemolishing unsafe or unsanitary structures within its area ofoperation) its findings and recommendations with regard to anybuilding or property where conditions exist which are dangerousto the public health, morals, safety or welfare;
(8) To contract with private owners to manage, lease andoperate any rental, cooperative or condominium housing projectwithin its area of operation and to act as management agent forany such project for a management fee;
(a) The persons and families who occupy the housing projectshall be very low, lower or moderate income persons as defined insections 99.010 to 99.230;
(b) Any profit derived by housing authorities from suchmanagement fees should be applied to the development, improvementor maintenance of housing projects in the following manner: noless than fifty percent of said profits shall be applied towardimproving, developing or maintaining housing units that areoccupied by or will be occupied by persons of very low income;the remaining profits shall be applied toward improving,developing or maintaining housing units that are occupied by, orwill be occupied by persons of low income;
(9) To loan the proceeds of its bonds and notes to providefor the purchase, construction, extension and improvement of anyhousing project;
(10) To exercise all powers or parts or combination ofpowers necessary, convenient or appropriate to undertake andcarry out housing projects and all the powers herein granted.
2. No provision of law with respect to the acquisition,operation or disposition of property by other public bodies shallbe applicable to an authority unless the law shall specificallyso state.
3. An authority may exercise any and all of the powersconferred upon it by this section, either generally or withrespect to any specific activity or activities, through or by anyagent which it may designate including any corporation orcorporations formed under the laws of this state and for suchpurposes, an authority may cause one or more corporations to beformed under the laws of this state, provided, however, that noemployee of any housing authority or publicly elected officialshall receive, directly or indirectly, any compensation therefromother than their salary as such an employee or publicly electedofficial and that all profits from such corporations and agentsshall be distributed in the following manner: not less thanseventy percent of said profits shall be applied, in such manneras the housing authority shall determine, toward improving,developing or maintaining housing units that are occupied by, orwill be occupied by persons of very low or lower income; not morethan thirty percent of said profits shall be applied in suchmanner as the housing authority shall determine; and if suchcorporation or agent is involved in managing, developing orpurchasing a housing project, at least twenty percent of theunits of said project shall be reserved for very low or lowincome. The distribution of project units reserved for personsof very low and lower income by size shall be proportional to thedistribution of units by size for the entire housing project.
Authority to constitute municipalcorporation--powers--profits--profits to be applied, how--agentsof authority, restrictions.
99.080. 1. An authority shall constitute a municipalcorporation, exercising public and essential governmentalfunctions, and having all the powers necessary or convenient tocarry out and effectuate the purposes and provisions of sections99.010 to 99.230, including the following powers in addition toothers herein granted:
(1) To sue and be sued; to have a seal and to alter the sameat pleasure; to have perpetual succession; to make and executecontracts and other instruments necessary or convenient to theexercise of the powers of the authority; and to make and fromtime to time amend and repeal bylaws, rules and regulations, notinconsistent with sections 99.010 to 99.230, to carry into effectthe powers and purposes of the authority;
(2) Within its area of operation: To prepare, carry out,acquire, lease and operate housing projects; to provide for theconstruction, reconstruction, improvement, alteration or repairof any housing project or any part thereof; except that, when theauthority shall lie within an unincorporated area of a firstclass county having a charter form of government and thatunincorporated area is bordered by a city or cities of the thirdclass which may provide services to that authority, the city orcities shall give its approval before said construction,reconstruction, improvement, alteration or repair takes place;
(3) To arrange or contract for the furnishing by any personor agency, public or private, of services, privileges, works, orfacilities for, or in connection with, a housing project or theoccupants thereof; and (notwithstanding anything to the contrarycontained in sections 99.010 to 99.230 or any other provision oflaw) to include in any contract let in connection with a project,stipulations requiring that the contractor and any subcontractorscomply with requirements as to minimum wages and maximum hours oflabor, and comply with any conditions which the federalgovernment may have attached to its financial aid of the project;
(4) To lease or rent any dwellings, houses, accommodations,lands, buildings, structures or facilities embraced in anyhousing project and (subject to the limitations contained insections 99.010 to 99.230) to establish and revise the rents orcharges therefor; to own, hold, and improve real or personalproperty; to purchase, lease, obtain options upon, acquire bygift, grant, bequest, devise, or otherwise any real or personalproperty or any interest therein; to acquire by the exercise ofthe power of eminent domain any real property in fee simple orother estate; to sell, lease, exchange, transfer, assign, pledge,or dispose of any real or personal property or any interesttherein; to insure or provide for the insurance of any real orpersonal property or operations of the authority against anyrisks or hazards; to procure or agree to the procurement ofinsurance or guarantees from the federal government of thepayment of any bonds or parts thereof issued by an authority,including the power to pay premiums on any such insurance; toallocate federal or state tax credits or other economic benefitsor inducements allocated to an authority;
(5) To invest any funds held in reserves or sinking funds,or any funds not required for immediate disbursement, in propertyor securities in which savings banks may legally invest fundssubject to their control; to purchase its bonds at a price notmore than the principal amount thereof and accrued interest, allbonds so purchased to be canceled;
(6) Within its area of operation: To investigate intoliving, dwelling and housing conditions and into the means andmethods of improving such conditions; to determine where blightedareas exist or where there is a shortage of decent, safe andsanitary dwelling accommodations for persons of very low, lowerand moderate income; to make studies and recommendations relatingto the problem of clearing, replanning and reconstructing ofblighted areas, and the problem of providing dwellingaccommodations for persons of very low, lower and moderateincome, and to cooperate with the city, the county, the state orany political subdivision thereof in action taken in connectionwith such problems; and to engage in research, studies andexperimentation on the subject of housing;
(7) Acting through one or more commissioners or other personor persons designated by the authority: To conduct examinationsand investigations and to hear testimony and take proof underoath at public or private hearings on any matter material for itsinformation; to administer oaths, issue subpoenas requiring theattendance of witnesses or the production of books and papers andto issue commissions for the examination of witnesses who areoutside of the state or unable to attend before the authority, orexcused from attendance; to make available to appropriateagencies (including those charged with the duty of abating orrequiring the correction of nuisances or like conditions, or ofdemolishing unsafe or unsanitary structures within its area ofoperation) its findings and recommendations with regard to anybuilding or property where conditions exist which are dangerousto the public health, morals, safety or welfare;
(8) To contract with private owners to manage, lease andoperate any rental, cooperative or condominium housing projectwithin its area of operation and to act as management agent forany such project for a management fee;
(a) The persons and families who occupy the housing projectshall be very low, lower or moderate income persons as defined insections 99.010 to 99.230;
(b) Any profit derived by housing authorities from suchmanagement fees should be applied to the development, improvementor maintenance of housing projects in the following manner: noless than fifty percent of said profits shall be applied towardimproving, developing or maintaining housing units that areoccupied by or will be occupied by persons of very low income;the remaining profits shall be applied toward improving,developing or maintaining housing units that are occupied by, orwill be occupied by persons of low income;
(9) To loan the proceeds of its bonds and notes to providefor the purchase, construction, extension and improvement of anyhousing project;
(10) To exercise all powers or parts or combination ofpowers necessary, convenient or appropriate to undertake andcarry out housing projects and all the powers herein granted.
2. No provision of law with respect to the acquisition,operation or disposition of property by other public bodies shallbe applicable to an authority unless the law shall specificallyso state.
3. An authority may exercise any and all of the powersconferred upon it by this section, either generally or withrespect to any specific activity or activities, through or by anyagent which it may designate including any corporation orcorporations formed under the laws of this state and for suchpurposes, an authority may cause one or more corporations to beformed under the laws of this state, provided, however, that noemployee of any housing authority or publicly elected officialshall receive, directly or indirectly, any compensation therefromother than their salary as such an employee or publicly electedofficial and that all profits from such corporations and agentsshall be distributed in the following manner: not less thanseventy percent of said profits shall be applied, in such manneras the housing authority shall determine, toward improving,developing or maintaining housing units that are occupied by, orwill be occupied by persons of very low or lower income; not morethan thirty percent of said profits shall be applied in suchmanner as the housing authority shall determine; and if suchcorporation or agent is involved in managing, developing orpurchasing a housing project, at least twenty percent of theunits of said project shall be reserved for very low or lowincome. The distribution of project units reserved for personsof very low and lower income by size shall be proportional to thedistribution of units by size for the entire housing project.
