§ 14-169-203 — Definitions

As used in this subchapter, unless the context otherwise requires: (1) "Authority" or "housing authority" means any of the public corporations created by § 14-169-207 ; (2) "City" means any city of the first or second class or any incorporated town. "The city" means the particular city or town for which a particular housing authority is created; (3) "County" means any county in the state. "The county" means the particular county for which a particular housing authority is created; (4) "State public body" means any city, town, county, municipal corporation, commission, district, authority, other subdivision, or other public body of the state; (5) "Governing body" means: (A) In the case of a city, the city council or other legislative body thereof; (B) In the case of a county, the county court or other legislative body thereof; and (C) In the case of other state public bodies, the council, commissioners, board, or other body having charge of the fiscal affairs of the state public body; (6) "Mayor" means the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city; (7) "Clerk" means the clerk of the city or the clerk of the county, as the case may be, or the officer of the city or the county, charged with the duties customarily imposed on the clerk; (8) "Area of operation" means: (A) In the case of a housing authority of a city having a population of less than ten thousand (10,000), the city and the area within five (5) miles of its territorial boundaries; (B) In the case of a housing authority of a city having a population of ten thousand (10,000) or more, the city and the area within fifteen (15) miles of its territorial boundaries. However, the area of operation of a housing authority of any city shall not include any area which lies within the territorial boundaries of some other city as defined in this section; and (C) In the case of a housing authority of a county, all of the county except that portion which lies within the territorial boundaries of any city as defined in this section; (9) "Federal government" means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America; (10) "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities, or any combination of these factors, are detrimental to safety, health, and morals; (11) (A) "Housing project" means any work or undertaking to: (i) Demolish, clear, or remove buildings from any slum area. The work or undertaking may embrace the adaptation of the area to public purposes including parks or other recreational or community purposes; (ii) Provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income. The work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes; or (iii) Accomplish a combination of the foregoing. (B) The term "housing project" also may be applied to: (i) The planning of the buildings and improvements; (ii) The acquisition of property; (iii) The demolition of existing structures; (iv) The construction, reconstruction, alteration, and repair of the improvements; and (v) All other work in connection therewith; (12) "Persons of low income" means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding; (13) "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this subchapter; (14) "Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens; (15) "Obligee of the authority" or "obligee" means any bondholder, trustee for any bondholder, or lessor demising to the authority property used in connection with a housing project, or any assignee of the lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.

Legislative History

Acts 1937, No. 298, § 3; Pope's Dig., § 10061; Acts 1961, No. 69, § 1; A.S.A. 1947, § 19-3003; Acts 1997, No. 981, § 1.