State Codes and Statutes

Statutes > North-carolina > Chapter_157 > GS_157-39_1

§ 157‑39.1.  Areaof operation of city, county and regional housing authorities.

(a)        The boundaries or area of operation of a housing authoritycreated for a city shall include said city and the area within 10 miles fromthe territorial boundaries of said city, but in no event shall it include thewhole or a part of any other city, except as otherwise provided herein. Notwithstanding the previous sentence, a housing authority created for a citymay operate and perform any of its lawful functions within any other city thathas a common boundary with a city creating an authority when requested to do soby resolution of the governing body of such other city.  The area of operationor boundaries of a housing authority created for a county shall include all ofthe county for which it is created and the area of operation or boundaries of aregional housing authority shall include (except as otherwise providedelsewhere in this Article) all of the counties for which such regional housingauthority is created and established: Provided, that a county or regionalhousing authority shall not undertake any housing project or projects withinthe boundaries of any city unless a resolution shall have been adopted by thegoverning body of such city (and also by any housing authority which shall havebeen theretofore established and authorized to exercise its powers in suchcity) declaring that there is a need for the county or regional housingauthority to exercise its power within such city: Provided, that thejurisdiction of any rural housing authority to which the Secretary of State hasheretofore issued a certificate of incorporation shall extend to within adistance of one mile of the town or city limits of any town or city having apopulation in excess of 500, located in any county now or hereafterconstituting a part of the territory of such rural housing authority: Provided,further, that this provision shall not affect the jurisdiction of any cityhousing authority to which the Secretary of State has heretofore issued acertificate of incorporation.  A housing authority created for a county mayoperate and perform any of its lawful functions anywhere within the municipalboundaries of any city located in whole or in part within the county for whichit is created, when requested to do so by resolution of the governing body ofsuch city.

(b)        In any county in which a city housing authority has beenestablished, but where there are portions of the county in which the city islocated which are more than 10 miles from the territorial boundaries of thecity, the city housing authority is authorized to operate in areas of thecounty beyond such limit, which are not within another city, upon the adoptionof a joint resolution by the city council and the board of county commissioners.Such joint resolution must find that in such additional area, that insanitaryor unsafe inhabited dwelling accommodations exist in such area or there is ashortage of safe or sanitary dwelling accommodations in such county availableto persons of low income at rentals they can afford. A public hearing on suchresolution need be held only by the board of county commissioners.

(c)        A joint resolution adopted under subsection (b) of thissection may, in lieu of the appointment provisions of G.S. 157‑5, providethat the board of commissioners of the housing authority shall be composed ofnine members, with a number (not less than five) to be appointed by the mayor,and the remainder to be appointed by the board of county commissioners. Suchhousing authority commissioners shall be subject to removal by the appointingperson or board under the procedural requirements of G.S. 157‑8. (1943, c. 636, s. 5; 1961, c. 200, s. 2; 1979, 2ndSess., c. 1108, ss. 1, 2; 1993, c. 458.)

State Codes and Statutes

Statutes > North-carolina > Chapter_157 > GS_157-39_1

§ 157‑39.1.  Areaof operation of city, county and regional housing authorities.

(a)        The boundaries or area of operation of a housing authoritycreated for a city shall include said city and the area within 10 miles fromthe territorial boundaries of said city, but in no event shall it include thewhole or a part of any other city, except as otherwise provided herein. Notwithstanding the previous sentence, a housing authority created for a citymay operate and perform any of its lawful functions within any other city thathas a common boundary with a city creating an authority when requested to do soby resolution of the governing body of such other city.  The area of operationor boundaries of a housing authority created for a county shall include all ofthe county for which it is created and the area of operation or boundaries of aregional housing authority shall include (except as otherwise providedelsewhere in this Article) all of the counties for which such regional housingauthority is created and established: Provided, that a county or regionalhousing authority shall not undertake any housing project or projects withinthe boundaries of any city unless a resolution shall have been adopted by thegoverning body of such city (and also by any housing authority which shall havebeen theretofore established and authorized to exercise its powers in suchcity) declaring that there is a need for the county or regional housingauthority to exercise its power within such city: Provided, that thejurisdiction of any rural housing authority to which the Secretary of State hasheretofore issued a certificate of incorporation shall extend to within adistance of one mile of the town or city limits of any town or city having apopulation in excess of 500, located in any county now or hereafterconstituting a part of the territory of such rural housing authority: Provided,further, that this provision shall not affect the jurisdiction of any cityhousing authority to which the Secretary of State has heretofore issued acertificate of incorporation.  A housing authority created for a county mayoperate and perform any of its lawful functions anywhere within the municipalboundaries of any city located in whole or in part within the county for whichit is created, when requested to do so by resolution of the governing body ofsuch city.

(b)        In any county in which a city housing authority has beenestablished, but where there are portions of the county in which the city islocated which are more than 10 miles from the territorial boundaries of thecity, the city housing authority is authorized to operate in areas of thecounty beyond such limit, which are not within another city, upon the adoptionof a joint resolution by the city council and the board of county commissioners.Such joint resolution must find that in such additional area, that insanitaryor unsafe inhabited dwelling accommodations exist in such area or there is ashortage of safe or sanitary dwelling accommodations in such county availableto persons of low income at rentals they can afford. A public hearing on suchresolution need be held only by the board of county commissioners.

(c)        A joint resolution adopted under subsection (b) of thissection may, in lieu of the appointment provisions of G.S. 157‑5, providethat the board of commissioners of the housing authority shall be composed ofnine members, with a number (not less than five) to be appointed by the mayor,and the remainder to be appointed by the board of county commissioners. Suchhousing authority commissioners shall be subject to removal by the appointingperson or board under the procedural requirements of G.S. 157‑8. (1943, c. 636, s. 5; 1961, c. 200, s. 2; 1979, 2ndSess., c. 1108, ss. 1, 2; 1993, c. 458.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_157 > GS_157-39_1

§ 157‑39.1.  Areaof operation of city, county and regional housing authorities.

(a)        The boundaries or area of operation of a housing authoritycreated for a city shall include said city and the area within 10 miles fromthe territorial boundaries of said city, but in no event shall it include thewhole or a part of any other city, except as otherwise provided herein. Notwithstanding the previous sentence, a housing authority created for a citymay operate and perform any of its lawful functions within any other city thathas a common boundary with a city creating an authority when requested to do soby resolution of the governing body of such other city.  The area of operationor boundaries of a housing authority created for a county shall include all ofthe county for which it is created and the area of operation or boundaries of aregional housing authority shall include (except as otherwise providedelsewhere in this Article) all of the counties for which such regional housingauthority is created and established: Provided, that a county or regionalhousing authority shall not undertake any housing project or projects withinthe boundaries of any city unless a resolution shall have been adopted by thegoverning body of such city (and also by any housing authority which shall havebeen theretofore established and authorized to exercise its powers in suchcity) declaring that there is a need for the county or regional housingauthority to exercise its power within such city: Provided, that thejurisdiction of any rural housing authority to which the Secretary of State hasheretofore issued a certificate of incorporation shall extend to within adistance of one mile of the town or city limits of any town or city having apopulation in excess of 500, located in any county now or hereafterconstituting a part of the territory of such rural housing authority: Provided,further, that this provision shall not affect the jurisdiction of any cityhousing authority to which the Secretary of State has heretofore issued acertificate of incorporation.  A housing authority created for a county mayoperate and perform any of its lawful functions anywhere within the municipalboundaries of any city located in whole or in part within the county for whichit is created, when requested to do so by resolution of the governing body ofsuch city.

(b)        In any county in which a city housing authority has beenestablished, but where there are portions of the county in which the city islocated which are more than 10 miles from the territorial boundaries of thecity, the city housing authority is authorized to operate in areas of thecounty beyond such limit, which are not within another city, upon the adoptionof a joint resolution by the city council and the board of county commissioners.Such joint resolution must find that in such additional area, that insanitaryor unsafe inhabited dwelling accommodations exist in such area or there is ashortage of safe or sanitary dwelling accommodations in such county availableto persons of low income at rentals they can afford. A public hearing on suchresolution need be held only by the board of county commissioners.

(c)        A joint resolution adopted under subsection (b) of thissection may, in lieu of the appointment provisions of G.S. 157‑5, providethat the board of commissioners of the housing authority shall be composed ofnine members, with a number (not less than five) to be appointed by the mayor,and the remainder to be appointed by the board of county commissioners. Suchhousing authority commissioners shall be subject to removal by the appointingperson or board under the procedural requirements of G.S. 157‑8. (1943, c. 636, s. 5; 1961, c. 200, s. 2; 1979, 2ndSess., c. 1108, ss. 1, 2; 1993, c. 458.)