§ 29-4-204 — Petition for creation of authority - notice - hearing

(1) Any
twenty-five residents of the city may file a petition with the city clerk setting forth
that there is a need for an authority to function in the city. Upon the filing of such a
petition, the city clerk shall give notice of the time, place, and purposes of a public
hearing at which the council will determine the need for such an authority in the
city. Such notice shall be given at the city's expense by publishing a notice, at least
ten days preceding the day on which the hearing is to be held, in a newspaper
having a general circulation in the city, or, if there is no such newspaper, by posting
such a notice in at least three public places within the city at least ten days
preceding the day on which the hearing is to be held.

(2) Upon the date fixed for said hearing, held upon notice as provided in this
section, a full opportunity to be heard shall be granted to all residents and
taxpayers of the city and to all other interested persons. After such a hearing, the
council shall determine:

(a) Whether unsanitary or unsafe inhabited dwelling accommodations exist
in the city; or

(b) Whether there is a lack of safe or sanitary dwelling accommodations in
the city available for all the inhabitants thereof.

(3) In determining whether dwelling accommodations are unsafe or
unsanitary, the council shall take into consideration the following: The physical
condition and age of the buildings; the degree of overcrowding; the percentage of
land coverage; the light and air available to the inhabitants of such dwelling
accommodations; the size and arrangement of the rooms; the sanitary facilities; and
the extent to which conditions exist in such buildings which endanger life or
property by fire.

(4) If it determines that either of the conditions enumerated in subsection (2)
of this section exist, the council shall adopt a resolution so finding and shall cause
notice of such determination to be given to the mayor or such other appointing
authority as is otherwise provided by charter or ordinance who shall thereupon
appoint, as provided in section 29-4-205, no more than nine commissioners to act
as an authority; except that, in any city and county having a population of more than
three hundred thousand, the mayor or such other appointing authority as is
otherwise provided by charter or ordinance shall appoint nine commissioners to act
as an authority whose appointments shall be conditioned upon confirmation by the
council. The number of commissioners shall be specified by the council in the
resolution. A certificate signed by such commissioners shall then be filed with the
division of local government in the department of local affairs and there remain of
record, setting forth that a notice has been given and public hearing has been held,
that the council made a determination after such hearing and that the mayor or
such other appointing authority as is otherwise provided by charter or ordinance
has appointed them as commissioners. Upon the filing of such certificates with said
division, the commissioners and their successors shall constitute a housing
authority, which shall be a body corporate and politic.

(5) The boundaries of such authority shall include the same geographical
area as is then or thereafter included within the boundaries of the city which caused
such authority to be created.

(6) If the council determines after a hearing that neither of the conditions
enumerated in subsection (2) of this section exist, it shall adopt a resolution
denying the petition. After three months have expired from the date of the denial of
such petition, subsequent petitions may be filed and new hearings and
determinations made thereon.

(7) In any suit, action, or proceeding involving the validity or enforcement of
any bond, contract, mortgage, trust indenture, or other agreement of the authority,
the authority shall be conclusively deemed to have been established in accordance
with the provisions of this part 2 upon proof of the filing of the aforesaid certificate.
A copy of such certificate, duly certified by the division of local government, shall
be admissible in evidence in any such suit, action, or proceeding and shall be
conclusive proof of the filing and contents thereof.

(8) If the council of any city denies any petition filed for the creation of a
housing authority, in accordance with the provisions of subsection (6) of this
section, and the residents of such city determine that there is in fact a shortage of
decent, safe, and sanitary dwelling accommodations in the city, a petition may be
filed with the council requesting that the question of the approval or disapproval of
creating a housing authority be submitted to a vote of the registered electors of
such city. If the petition, which may consist of one or more separate copies, contains
the signatures and residence addresses of registered electors of such city equal in
number to not less than five percent of the votes cast for governor or for president
and vice-president of the United States at the last preceding general election held
within such city, the council shall cause a special election to be held on the
question of the creation of a housing authority. All registered electors within the
city shall be eligible to vote at said election, which shall be conducted insofar as
possible in accordance with the provisions of sections 29-4-604 to 29-4-607;
except that the question to be voted on shall be the creation of a housing authority.

Legislative History

Source: L. 35: p. 527, � 4. CSA: C. 82, � 32. CRS 53: � 69-3-4. L. 63: p. 557, � 2. C.R.S. 1963: � 69-3-4. L. 65: p. 727, � 2. L. 76: (4) and (7) amended, p. 596, � 9, effective July 7. L. 87: (8) amended, p. 323, � 68, effective July 1. L. 91: (4) amended, p. 725, � 1, effective April 20. L. 99: (4) amended, p. 128, � 2, effective March 24. L. 2000: (4) amended, p. 881, � 3, effective August 2.