§ 45-25-7 — § 45-25-7. Establishment and incorporation of authority.

§ 45-25-7. Establishment and incorporation of authority.

(a) If it determines that either or both of the conditions enumerated in § 45-25-5 exist, the council shall adopt a resolution so finding (which need not go into any detail other than the mere finding) and shall cause notice of the determination to be given to the mayor, who shall thereupon appoint, as provided in this section five (5) commissioners to act as an authority. The commission shall be a public body and a body corporate and politic upon the completion of the taking of the following proceedings:

(b) The commissioners shall present to the secretary of state an application signed by them, which must state (without any detail other than the mere recital):

(1) That a notice has been given and public hearing held as provided in § 45-25-5, that the council determined the validity of the petition after the hearing, and that the mayor has appointed them as commissioners;

(2) The name, and official residence, of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the housing authority to become a public body and a body corporate and politic under this chapter;

(3) The term of office of each of the commissioners;

(4) The name which is proposed for the corporation; and

(5) The location of the principal office of the proposed corporation.

(c) The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that he or she personally knows the commissioners and knows them to be the officers as asserted in the application, and that each is subscribed and sworn thereto in the officer's presence. The secretary of state shall examine the application, and if the secretary finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary shall receive and file it and record it in an appropriate book of record in the secretary's office.

Legislative History

P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-7.