NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 1108

HOUSE BILL 1386

AN ACT TO CLARIFY THE JURISDICTION OF LOCAL HOUSING AUTHORITIES IN CITIES THAT HAVE COMMON BOUNDARIES WITH OTHER CITIES.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 157-39.1 is amended by adding the following after the first sentence of this section:

"Notwithstanding the previous sentence, a housing authority created for a city may operate and perform any of its lawful functions within any other city that has a common boundary with a city creating an authority when requested to do so by resolution of the governing body of such other city."

Sec. 2.  G.S. 157-39.1 as amended by Section 1 of this act is further amended by designating the existing section, as amended, as subsection (a) and adding a new subsection to read:

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

(c)        A joint resolution adopted under subsection (b) of this section may, in lieu of the appointment provisions of G.S. 157-5, provide that the board of commissioners of the housing authority shall be composed of nine 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. Such housing authority commissioners shall be subject to removal by the appointing person or board under the procedural requirements of G.S. 157-8."

Sec. 3.  G.S. 157-39.4 is amended by adding immediately after the number "157‑35" the number ", 157-39.1".

Sec. 4.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of June, 1980.